05/19/1997 - 00001612�
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THE MINUTES OF THE REGUI�AR MEETING OF THE FRIDLEY CITY COUNCIL OF
MAY 19, 1997
The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:40 p.m.
PLEDGE OF ALLEGIANCE:
Mayor 3orgenson led the City Council and aud�ence in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSENT
PRESENTATION:
Mayor Jorgenson,
Councilman Billings,
Councilwoman Bolkcom
None
Councilman Barnette,
Councilman Schneider and
IN APPRECIATION FOR FLOOD RELIEF HELP:
Ms. Rosie Griep, Fridley Police Department, presented a plaque to
Mr. Voigt of the Fridley Bus Company in appreciation for
transporting volunteers to the Riverview Heights neighborhood to
assist with the flood relief. The City wished to recognize their
strong commitment to Fridley and its citizens.
Councilwoman Bolkcom stated that she cannot thank people enough for
a11 their hard efforts. A lot of people from all over the state
came to help, and City staff was well prepared. She thanked
everyone on behalf of the residents in the Riverview Heights area.
PROCLAMIIT I ON :
STUDENT FOREIGN EXCHANGE WEEK, MAY 19-25, 1997:
Mayor Jorgenson read and issued a proclamation proclaiming the week
of May 19-25, 1997 as Student Foreign Exchange Week. The students
were made honorary citizens during their stay in Fridley. Ms. Alma
Mu�ica stated that she is from Paraguay, has three sisters and two
brothers. She attends Totino-Grace. Ms. Zinaida Arbekova stated
that she is from Moscow, Russia and is a student at Totino-Grace.
Ms. Alyona Vladimirova, from Russia, was unable to attend, as she
was being inducted into the National Honor Society at Fridley High
School. Mayor Jorgenson presented these proclamations to the
students. They, in turn, presented flags of their countries to the
City Council.
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FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 2
APPROVAL OF MINUTES:
COUNCIL MEETING, MAY 5,199�:
MOTION by Councilman Billings to approve the minutes as presented.
Seconded by Councilman Barnette. Upon a voice vote, all voting aye,
Mayor Jorgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA;
OLD BUSINESS:
1. SECOND READING OF AN ORDINANCE EXTENDING THE TELECOMMUNICATION
FACILITY MORATORIUM TO DECEMBER 3L 1997:
Mr. Burns, City Manager, stated that the original moratorium
was approved by the City Council on December 16, 1996 for 180
days. The extension is requested to allow time for completion
o£ the Charter amendment process; to allow time for completion
of an ordinance and conducting neighborhood meetings to pre-
approve specific sites; and to allow the City to determine
whether or not it wishes to pursue ownership and operation of
telecommunications facilitzes. The request for the extension
has been reviewed and approved by the City Attorney.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
NEW BUSINESS:
2. RESOLUTION NO. 39-1997 ORDERING PRELIMINARY PLANS,
SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET
IMPROVEMENT PROJECT N0. ST. 1997-3:
Mr. Burns, City Manager stated that this pro�ect is for
reconstruction of the westbound ramp from I-694 to University
Avenue. This is a MnDOT funded pro�ect. The Crty has
retained Barton-Aschman to prepare plans and specifications
through a$45,000 contribution from the Home Depot. The City
will administer the pro�ect through a cooperative agreement
with MnDOT.
Mr. Burns stated that in order to expedite construction, staff
is requesting that Council adopt three resolutions. These are
to order preliminary plans and specifications; receive the
preliminary report on the matter of constructing the proposed
improvements; and ordering the improvement and the
advertisement for bids for this pro�ect. These resolutions
are rtems 2, 3 and 4 on the agenda. The City is expecting to
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 3
� advertise for the pro�ect on May 22 and open bids on June 12,
with the bid award on June 23, or at the latest, July 14.
ADOPTED RESOLUTION NO, 39-1997.
RESOLUTION N0. 40-1997 RECEIVING THE PRELIMINARY REPORT ON THE
MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET
IMPROVEMENT PROJErT N0. ST. 1997-3:
ADOPTED RESOLUTION NO. 40-1997.
RESOLUTIDN N0. 41-1997 ORDERING IMPROVEMENT AND FINAL PLANS
AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT
PROJECT NO. ST. 1997-3:
ADOPTED RESOLUTION NO. 41-1997.
5. RESOLUTION N0. 42-1997 AUTHORIZING EXECUTION OF SUB-GRANT
AGREEMENT FOR E'EDERAI� ASSISTPNCE UNDER THE INFRASTRUCTURE
PROGRAM FOR SUBGRANTEES:
Mr. Burns, Crty Manager, stated that this resolution
authorizes the Public Safety Director to execute a sub-grant
� agreement with the State Division of Emergency Management.
Under the authority of this resolution, the Public Safety
Director would collect and submit all costs associated wzth
the City's April flood control efforts. The Public Safety
Director will also be the City's contact with the Federal
Emergency Management Agency (F'EMA) for reimbursement of our
costs.
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ADOPTED RESOLUTION NO. 42-1997.
RECEIVE BIDS AND AWARD CONTRACT FOR CENTRAZ AVENUE BITUMINOUS
SIDEWALK PROJECT N0. 1994-9;
Mr. Burns, City Manager, stated that bids were opened for the
installation of abutments and installation of a bridge over
Rice Creek to permit the Central Avenue bikeway crossinq. One
bid was received for the installation from Jay Brothers, Inc.
in the amount of $33,650. Two bids were received from bridge
fabricators, with the low bid from Continental Bridge in the
amount of $37,697. Mr. Burns stated that these two bids bring
the total cost of the Central Avenue bikeway to $312,405.50.
Construction is expected to begin on May 27. Staff recommends
the contracts be awarded to the two low bidders.
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RECEIVED THE FOLIAWING BIDS FOR THE CENTRAL AVENUE BITUMINOUS
SII)EWALK PROJECT NO. ST. 1994-9: JAY SROTHERS, INC., $33,650
(ABUTMENTS FOR PEDESTRIAN BRIDGE); AND CONTINENTAL BRIDGE,
$37,697 AND WHEELER CONSOLIDATED, INC., $38,085 (FOR 110 ET.
BY 8 FT. STEEL PEDESTRIAN BRIDGE). AWARDED THE CONTRACTS TO
JAY BROTHERS, INC. IN TIiE AMOLR3T OF $33,650 FOR THE ABUTMENTS
FOR THE PEDESTRIAN BRIDGE AND TO CONTINENTAL BRIDGE IN THE
AMOUNT OF $37,697 FOR AN 110 FT. BY 8 FT. STEEL PEDE5TRIAN
BRIDGE.
7. RECEIVE BID5 AND AWARD CONTRACT FOR 1997 STREET IMPROVEMENT
(SEAI,COAT) PROJECT N0. ST. 199�-10:
Mr. Burns, City Manager, stated that three bids were received,
and the lowest bidder was Allied Blacktop in the amount of
$110,177.01. This year's sealcoating program is scheduled to
occur on the west side of University Avenue between the
Columbia Heights border, Mississippi Street on the north, and
the railroad tracks on the west. The City will also be
sealcoating streets in the Fridley Business Center located
south of I-694 and west of the railroad tracks. Mr. Burns
stated that the low bid is adequately covered by the $160,000
budgeted in the 1997 street capital improvement program.
� RECEIVED THE FOLLOWING BIDS FOR THE 1447 STREET IMPROVEMENT
(SEALCOAT) PROJECT NO. ST. 1997-10: ALLIED BLACKTOP,
$110,177.01; ASTECH CORPORATION, $119,447.15; AND BITUMINQUS
RQADWAY5, $131,418.23. AWARDED THE CONTRACT TO THE LOW
BIDDER, ALLIED BLACKTOP IN THE AMOUNT OF $110,177.01.
8. APPROVE CHANGE ORDER NO. 2 TO WELL NO. 12 DESIGN AND
CONSTRUCTION PROJECT N0. 293:
Mr. Burns, City Manager, stated that this change order is for
$14,349 to provide for the installation of automated
monitoring systems that will allow remote back washing of
filters at the new plant.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9. APPROVE CHANGE ORDER NO. 3 TO 1996 STREET IMPROVEMENT PROJECT
N0. ST. 1996 - 1& 2:
Mr. Burns, City Manager, stated that a number of unexpected
changes to the 77th Way portion of the pro�ect were recently
identified. These changes include the relocation of
additional hand holds for the signals at 77th Way and East
� River Road; irrigation system repairs needed to accommodate
extensive grade changes along 77th Way; top soil and sod
repair associated with these first two items; addrtional
� FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 5
milling of bituminous roadway in the area disturbed by pipe
�acking on the east side of the railroad tracks. The cost for
these changes is $15,276. There will be another change order
for the additional asphalt used on the east side of the
tracks. All of these changes are reimbursable from MSA
funding.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULF.R AGENDA.
1Q. APPROVE LETTER OF SATI5FACTION BETWEEN THE CITY OF FRIDLEY AND
PARAGON CABLE RELATED TO THE CABLE TELEVISION TRANSFER OF
OWNERSHIP:
Mr. Burns, City Manager, stated that this agreement
establishes a payment of $4,414.17 as Paragon's reimbursement
for costs incurred by the City at the time of the transfer of
ownership from Houston Industries to Time Warner, Inc. This
amount covers all the City's outside legal fees but no� staff
time and advertising expenses. At the time of transfer, June,
1995, Paragon contended that their five percent franchise fee
satisfied their obligation for these costs. Staff recommends
Council's concurrence with this settlement.
' THIS ITEM WAS REMOVED FROM THE CONSEIVT AGENDA AND PLACED ON
THE REGULAR AGENDA.
11. RESOLUTION N0. 93-1997 DESIGNATING TIME AND NUMBER OF COUNCIL
MEETINGS FOR 1997:
Mr. Burns, City Manger, stated that the starting time for
conference meetings was changed from 7:30 p.m. to 7:00 p.m.
This resolution official amends the time of these meetings.
ADOPTED RESOLUTION NO. 43-1997.
12. ESTABLISH A PUBLIC HEARING FOR JUNE 9, 1997, FOR VALLEY
Mr. Burns, City Manager, stated that the proposed hearing is
for June 9, 1997. After performing background checks the
Police Department has found no reason to ob�ect to the
license.
SET THE PUBLIC HEARING FOR JUNE 9, 1997 FOR AN INTOXICATING
LIQUOR LICENSE FOR VALLEY CREEK, INC.
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FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997
13. ESTABLISH A PUBLIC HEARING FOR JUNE 9, 1997
AMENDMENT TO SECTION 7.02 OF THE FRIDLE
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ON A PROPOSED
CITY CHARTER
Mr. Burns, City Manager, stated that the proposed hearing is
for June 9, 1997. This amendment replaces the existing 16
mill limitation on property taxes with new language that ties
these limits to the Consumer Price Index.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
CLAIMS:
AUTHORIZED PAYMENT OF CLAIM NOS. 79313 THROUGH 74586.
15. LICENSES:
APPROVED THE LICENSES A5 SUBMITTED AND AS ON FTLE IN THE
LICENSE CLERK'S OFFICE.
16. ESTIMATES:
APPROVED THE ESTIMATES AS FOLLOWS:
kichmar Construction Inc.
7776 Alden Way, N.E.
Fridley, MN 55432
Water Treatment Plant No. 3
Pro�ect No. 293
Estimate No. 9 . . . . . .
Thomas & Sons Constructlon, Inc.
13925 Northdale Blvd.
Rogers, MN 55374
1996 Street Improvement Pro�ect
No. ST. 1996 - 1& 2
Estimate No. 8 . . . . . . . . .
$114,087.12
. . . . $ 23,038.64
No persons in the audience spoke regarding the proposed consent
agenda items.
Councilwoman Bolkcom requested that Items l, 8, 9 and 10 be removed
from the consent agenda.
Councilman Schneider requested that Item 13 be removed from the
consent agenda.
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FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 7
MOTION by Councilman Schneider to approve the consent
with the exception of Items 1, 8, 9, 10 and 13.
Councilman Barnette. Upon a voice vote, all voting
Jorgenson declared the motion carried unanimously.
ADOPTION OF AGENDA:
agenda items
Seconded by
aye, Mayor
MOTION by Councilwoman Bolkcom to adopt the agenda with the
addition of Items l, 8, 9, 10 and 13 from the consent agenda.
Seconded by Counczlman Schneider. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
RECEIVE PETITION NO. 2-1997 RE: ALDEN WAY PROPERTY:
Councilwoman Bolkcom requested that Council receive a petition from
homeowners concerning rental property at 6421 Alden Way. She
requested that the City Manager and Public Safety Director
investigate the concerns of these homeowners and advise them what
actions tihe City can or cannot take to correct this situation.
MOTION by Councilman Barnette to receive Petition No. 2-199�
� regarding rental property at 6241 Alden Way. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
PUBLIC HEARINGS:
17. PUBLIC HEARING TO AMEND SECTION 11.01 OF THE FRIDLEY CITY
CHARTER REGARDING PUBLIC UTILITIES;
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the public
hearing opened at 8•00 p.m
Ms. Dacy, Community Development Director, stated that this public
hearing is to amend Section 11.01 of the Charter which pertains to
public ownership and operation of utilities. The proposed
amendment is to define a public utility and include reference to a
wireless or other communication service. The amendment is
suggested as a result of the total analysis of telecommunication
issues in the City.
Ms. Dacy stated that the amendment would add the following wording
to Section ll.01 of the Charter: "For purposes of this section,
� public utilities shall include water works, district heating
systems, gas, light, power, heat, wireless or other communication
services, or any other product or service the public provision of
� FRIDLEY CITY COL7NCIL MEETING OF MAY 19, 1997 PAGE 8
which the City Council, by ordinance, shall determine to be in the
interest of rts crtizens." This amendment would provide Council
with the flexibility to pursue ownership and operation of this type
of service, and it acknowledges the fact that this type of
technology is growing very quickly. It also provides the legal
foundation to lease exis�ing and future facilities. The proposed
amendment simply clarifies a public utility and does not dictate to
Council which utility it should undertake. A referendum must be
passed by two-thlyds of the voters before Council can pass an
ordinance to operate a utility.
Ms. Dacy stated that the Charter Commission reviewed this proposed
amendment and recommended approval, suh�ect to the affirmative
opinion of the attorney for the Charter Commission. Staff has
received a response from the Charter Commission attorney which was
affirmative.
Ms. Dacy stated that the public hearing is to receive comments with
a first reading of the ordinance scheduled for June 9, the second
reading for June 23, and an effective date of October 7, 1997.
Five affirmative votes are required to amend the Charter.
Mr. Peter Coyle, of Larkin, Hoffman, Daly & Lindgren, and the
� attorney representing American Portable Telecom (APT), stated that
he is interested in understanding, from staff's perspective, the
interplay between this proposed Charter amendment and the adoption
of an ordinance relating to the implementation of wireless services
in the City.
Mayor Jorgenson stated that the City is looking at possible
placement of telecommunication devices, an ordinance change, and
posszbly a referendum if the City chooses to get into the utility
business. The moratoritun extension allows time for further review
of this issue.
Mr. Coyle stated that his client has an interest in working with
the City in the adoption of an ordinance.
Ms. Dacy stated that the City hired a consultant and reviewed the
approaches which led to the conclusion that the City would like to
pursue a site specific approach and locate these facilities on
municipal land. The City is proceeding with a regulatory ordinance
to implement that approach. The moratorium extension gives Council
time to pre-approve the sites and to hold informational
neighborhood meetings. There is a chance the moratorium can be
terminated before the end of the year.
Mr. Coyle asked if it was the City's intent to own communication
� towers.
� FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 9
Mayor Jorgenson stated that this has not been determined. There is
concern with the locations. The process is still developing and
will be submitted to all the advisory commissions in the Crty.
Mr. Coyle asked if the City currently allows the placement of
telecommunication facilities on public utilities. Mayor Jorgenson
answered in the affirmative.
Mr. Coyle asked if the City intended to communicate with those in
the market place.
Mr. Knaak, City Attorney, stated that staff is working with
representatives of the industry. The City is in a process now and
has not made decisions. He would, respectfully, suggest that this
is not the appropriate place to pin the City down because this may
be changed.
Mr. Coyle stated that American Portable Telecom has not been
informed, and �hey are one of the players. They would like to be
contacted. Also, others in the industry are not aware of the
City's intention with respect to this Charter amendment. It would
seem that they shou]d be involved in the process.
� Councilwoman Bolkcom stated that is the reason for the moratorium.
Before those in the industry are contacted the City needs to know
exactly how they wish to proceed. It is not the intention to keep
any information from those in the industry.
MOTION by Councilman Billings to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 8:13 p.m.
ITEMS FROM THE CONSENT AGENDA:
1. ORDINANCE N0. 1096 EXTENDING THE TELECOMMLTNICATION FACSLITY
MORATORIUM TO DECEMBER 31, 1997:
MOTION by Councilwoman Bolkcom to receive the letter from Mr. Peter
Coyle dated May 19, 1997 regarding the proposed extension of the
moratorium on telecommunications towers and antennas. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
Councilman Schneider stated that this is a rapidly movang industry.
The time line may be important if the City is looking at this as
providing a service and potentially as some revenue generation from
leasing of space.
� Ms. Dacy stated it is her understanding that ten to twenty percent
of the population has cellular phones This expansion will
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FRIDLEY CITY COUNCIL MEETING OF MAY 19. 1997 PAGE 10
continue to about fifty percent by the year 2005. Ultimately,
there may be wireless phones in all homes. As traffic increases,
so do the number of antennas. It is a situation where the industry
is growing at a rapid pace, and the number of players is
increasing. The antennas are here to stay and will increase, with
the possibility of shorter antennas and demand to install them in a
residential setting. The City should be in a position to control
these antennas as demand increases in the future.
Mr. Burns asked if this issue has been raised with the consultant
that by establishing the moratorium the City may be miss�ng
opportunities to capitalize on PC5 antennas.
Ms. Dacy stated that the consultant felt the City was not losing
out on anything.
Ms. Dacy stated that this issue will be reviewed with the Planning
Commission on Wednesday evening and then neighborhood meetings will
be held for those residents in the area of potential antenna sites.
Mr. Coyle stated that they wished to serve the City's residents;
however, the City may be making a mistake in terms of timing.
Communities have long since adopted ordinances to deal with this
issue. It would be beneficial if they were to meet with staff to
share ideas.
Councilwoman Bolkcom stated that there is no reason why they cannot
submit information to staff for review.
Mr. Coyle stated that he would like to meet with Council in a work
session to explain who they are and how they operate. He felt this
would be more productive than mailing information to staff. A
master plan sounds terrific on paper, but the City needs to realize
the costs if they construct any telecommunication infrastructures.
Ms. Dacy stated that the issue is not �aanting to communicate with
each other. The City's consultant has talked to the providers on
an individual basis, met with them initially, and requested their
maps, There was concern about sharing that information_ Staff has
taken the initial steps to find out the providers needs and is at
the point of trying to work out things as a whole. The issue
directly is the timing to decide the approach and to meet with the
public and the providers. She felt the providers would be pleased
with some of the sites that have been evaluated.
MOTION by Councilman Barnette to waive the reading and adopt
Ordinance No. 1096 on the second reading and order publication.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Sorgenson declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 11
8. APPROVE CHANGE ORDER N0. 2 TO WELL N0. 12 DESIGN AND
CONSTRUCTION PROJECT N0. 293:
Councilman Schneider asked if this change order was for the new
filter plant.
Mr. Flora, Public Works Director, stated that it was for the new
plant to change to an automated back washing system.
Councilwoman Bolkcom questioned why there was a change order last
week and now another. The consultant knew the City's system, and
this should have been included in the original contract.
Mr. Flora stated that the back washing system was specified. He
was not aware that the plant was laid out for a non-automated
process.
Mr. DeSmet, representing MSA, stated that MSA did the design work.
Basically, with this chanqe order, the system would provide
monitoring capabilities similar to the system provided at Commons
Park. There are times the City is limited to one operator for the
treatment plants. When the treatment plant was designed they tried
to stay within a certain cost. However, based on staff that is
available, it is probably necessary to include these items for an
automated monitoring system.
Mayor Jorgenson asked if these items were included in the Locke
Park facility. Mr. Flora stated that they were added.
Mayor Jorgenson felt that the City should have learned from this
experience with the Locke Park facility.
Mr. DeSmet stated that when they designed this treatment plant a
conscious effort was made to stay within certain cost limitations.
Perhaps they did not make it clear to staff what the operation of
the facilities would entail. If the Crty had personnel that could
monitor the valve operation on a routine basis, then these items
would not be required.
Councilwoman Solkcom stated that the City has not changed its
operation. If it was so important, she cannot understand why it
was not included. These items are included in the other treatment
plants and should have been included in the original contract bid.
Mr. Flora stated that the plant was designed so that a person must
be there for this backwash process. Questions were raised about
the process, and they became aware that a person had to physically
be there. Sf these controls are installed this would not be
necessary.
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ERIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 12
Mr. Burns stated that there was not enough communication at the
time of the design process, and this thought was not cammunicated
accurately.
Councilwoman Bolkcom felt that the consultant had to know the
City's operations and personnel capacity. She felt that MSA should
be advised that this is an issue.
Mayor Jorgenson stated that she is disappointed we did not learn a
lesson the first time and made the same mistake again.
MOTION by Councilwoman Bolkcom to authorize change order No. 2 to
Well No. 12 design and construction Pro�ect No. 293 in the amount
of $14,349 with Richmar Construction, Inc. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously.
9. APPROVE CHANGE ORDER NO. 3 TO 1996 STREET IMPROVEMENT PROJECT
N0. ST. 1996 - 1& 2:
Mr. Flora, Public Works Director, stated that this change order is
for $15,276 to the street pro�ect on Alden Way and 77th Way The
changes include relocation of additional hand holds for the signals
at the intersection of 77th Way and East River Road, irrigation
system repairs due to the extensive grade changes along 77th Way,
topsoil and sod to repair the landscaping in the two previously
mentioned items, and additional milling of bituminous roadway to
establish a competent base in the area disturbed during pipe
�acking operations on the east side of the railroad tracks.
Councilwoman Bolkcom stated that there were a lot of problems and a
huge mess for many months. She wanted to make sure nothing in this
change order had to do with the contractor.
Mr. Flora stated that the contractor responsible for the pipe
jacking is not included in this change order.
MOTION by Councilwoman Bolkcom to authorize change order No. 3 to
the 1996 street improvement pro�ect No. 5T, 1996-1 & 2 in the
amount of $15,276 with Thomas & Sons Construction, Inc. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
10. APPROVE LETTER OF SATISFACTION BETWEEN THE CITY OF FRIDLEY AND
PARAGON CABLE RELATED TO THE CABLE TELEVISION TRANSFER OF
Councilwoman Bolkcom stated that the original statement submitted
to Paragon was for $7,279.10. However, they are willing to pay
$4,414.17 and not the 52,865 for staff time.
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FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 13
Mr. Knaak, City Attorney, stated that he has had lengthy
discussions over a long period of time with Paragon regarding this
statement. It was made clear that the City was not interested in
anything less than the $7,000. Paragon Cable was concerned about
an unhealthy precedent if they paid more than $2,500. After a long
dialogue and suggestion that it would be difficult to take any
proposal seriously that did not cover any of the City's out of
pocket costs, an offer was made to se�tle and Paragon Cable agreed
to pay for the legal fees.
Mr. Knaak stated that he is comfortable in recommending that the
City settle for this amount since he felt it was a reasonable
resolution. The problem Paragon had with full payment is that they
had never paid ln full for legal services, and Fridley would be the
only City that would be paid for all legal costs.
Mayor Jorgenson said that the franchise states that Paragon should
pay for all costs incurred for the transfer.
Councilman Schneider asked if Paragon, technically, was in default
of their franchise if the City chose not to accept this settlement.
Mr. Knaak stated that is an interesting question and one that the
City or Paragon, if they chose, could litigate. He felt, however,
� it was reasonable from a legal point of view to accept this
settlement.
Mayor Jorgenson stated that she believed the City will soon begin
negotiating for another franchise agreement.
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Councilwoman Bolkcom stated that if the City conceded there is
nothing from preventing this happening again.
Mr. Knaak stated that by accepting this proposal the City Council
is not setting a legal precedent that would affect the City's
position for future resolutions.
Mr. Knaak stated that
could be rewritten to
precedent setting.
if Council desires, the settlement letter
reflect Council's opinion that this is not
MOTION by Councilman Schneider to table this item and return it to
the Council at staff's discretion. Seconded by Councilwoman
Bolkcom. Upon a voice vote, Councilman Schneider, Councilwoman
Bolkcom, Councilman Barnette and Mayor Jorgenson voted in favor of
the motion. Councilman Billings voted against the motion. Mayor
Jorgenson declared the motion carried.
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FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 14
13. ESTABLISH A PUBLIC HEARING FOR JUNE 9, 1997, ON A PROPOSED
C1'1'Y �t�-ut�rr�x
Councilman Schneider stated that he would like an analysis of what
this amendment means at the time of the public hearing.
MQTION by Councilman Schneider to set the public hearing on this
proposed amendment to Section 7.02 of the Charter for June 9, 1997.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
PUBLIC HEARINGS:
18. PUBLIC HEARING FOR THE REVOCATION/SUSPENSION OF INTOXICATING
LIQUOR LICENSE FOR SHARX CLUB, 3720 EAST RIVER ROAD (WARD 3):
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously and the public hearing
opened at 8:55 p.m.
� Mr. Knaak, City Attorney, stated that there have been some items
submitted to Council by the license holder and the Department of
Public Safety. He requested that those items be entered into the
record.
Mr. Knaak stated that, based on discussions held with staff,
Council, and the license holder and to have a full and complete
public hearing, he requested that the public hearing be continued
until the next City Council meeting on June 9, 1997. Further, that
the license be continued until June 10, 1997 so as not to adversely
affect the license holder at this time.
�
Councilwoman Bolkcom asked if testimony should be received at this
time.
Mr. Knaak stated that oral testimony which would require full cross
examination would not be given this evening, but the opportunity
would be present at the continued hearing. The documents would be
accepted now, and the testimony portion of the hearing would be on
June 9.
Councilwoman Bolkcom asked if there was anyone present this evening
who could not attend on June 9 to submit written testimony.
Councilman Schneider asked if the notices published for the public
hearing were, in fact, in error and people should not have been
prepared to come this evening.
�
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 15
Mr. Knaak stated that this is, in fact, a public hearing, but this
can be continued a5 long as it was legally posted. The notice
given with respect to this hearing was not, in any way, in error.
Councilwoman Bolkcom asked why anyone here this evening could not
give oral tes�imony versus being cross examined on June 9.
Mr. Knaak stated that in fairness to both the City and the license
holder it is usually a good idea to provide for a hearing when
people have sufficient time to be prepared and to fully present
testimony. In this particular instance he knows that the license
holder and others have been making an effort to fznd a resolution
other than a hearing. He does not want to put the City in a
position where the City was not afforded every opportunity for a
full and fair public hearing. This is the reason for requesting
continuation of the public hearing. The Crty and this City Council
has every intention of allowing a full and complete public hearing.
MOTION by Councilwoman Bolkcom to
bound notebook) submitted by the
by Councilman Schneider.
accept the materaal (in the blue
Public Safety Director. Seconded
Councilwoman Solkcom stated that in order for the actual owner of
� Sharx and his attorney to respond to the information, we are giving
them more time to prepare
Mr. Knaak stated that he believed the information is public. It is
a synopsis from the Department of Public Safety on matters and
instances related to that particular address.
Councilman Schneider stated that the materials contain police
reports and various reported activities at this given address.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to receive letters from Michael
Maranda of Quality Insurance, Christine Larson, 5tephanie Cessop,
Lisa Reinken, Amy Pauly, Cynthia Bobick, Christine Nunez, Mishawn
Mielke, Diane Wright, David Tetzlaf£, Yvonne Davidson, and Danielle
Ruether. Seconded by Councilman Schneider.
Councilwoman Bolkcom stated that the ma�ority of these letters are
from employees of Sharx.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried unanimously.
� MOTION by Councilwoman Bolkcom to continue the public hearing on
the revocation/suspension of intoxicating liquor license for Sharx
Club to June 9, 1997. Seconded by Councilman Barnette.
� FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 16
Councilman Billings asked if there would be a problem with hearzng
anyone who wished to speak tonight that was not a direct employee
or agent of the City or petitioner to allow the people here from
the public to speak so they would not have to return on June 9.
Mr. Knaak stated that he would not recommend it, but that all
public testimony be deferred to the continued public hearing on
June 9 so that everyone has a full and equal opportunity to present
their case.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTIQN, Councilwoman Bolkcom,
Councilman Barnette, and Mayor Jorgenson voted in favor of the
motion. Councilman Billings and Councilman Schneider voted against
the motion. Mayor Jorgenson declared the motion carried.
MOTION by Councilwoman Bolkcom to continue the liquor license for
Sharx Club to June 10, 1997. Seconded by Councilman Barnette.
Upon a voice vote, Councilwoman Bolkcom, Councilman Barnette,
Councilman Billings, and Mayor Jorgenson voted in favor of the
motion. Councilman Schneider voted against the motion. Mayor
Jorgenson declared the motion carried.
Mr. Brad Martinson, attorney representing Sharx Club, expressed
� ob�ections to receiving materials into the public record. This
hearing is to be continued to June 9. State statute requires it be
continued under the Administrative Procedure Act. This extension
is sub�ect to all legal ob�ections as in court, and it requires
adequate notices of the charges with adequate opportunity to
respond.
Mr. Martinson stated that what Council accepted as evidence is
heresay and not sub�ect to cross examination. He requested that
the hearing on June 9 be continued under the auspices of the
administrative hearing officer. It is Sharx's position that the
public record that Council has before them is so tainted that they
will not be able to have a public hearsng without pre�udice.
Mr. Martinson stated that he has written to the City Attorney
expressing ob�ection to the notice of the hearing and the process.
Mr. Knaak stated that the hearing is going to be re-opened, and the
appropriate time will be given for raising these ob�ections.
Receiving these mater�als is not in-appropriate, and the record
will be open at the time of the hearing on June 9. He can
appreclate Mr. Martinson's position and the fact that Council has
been appropriately educated as to his client's procedural concerns.
He requested that they be submitted in writing in time for the
continued hearing on June 9, 1997.
�
�
�
�
FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 17
NEW BUSINESS:
19. INFORMAL STATU5 REPORTS:
Mr. Burns, City Manager, stated that the parks services area study
is an item for discussion during the conference session.
Mayor Jorgenson stated that another item is the elevation of Locke
Lake.
ADJOURNMENT:
MOTION by Councilwoman Bolkcom to ad�ourn the meeting. Seconded by
Councilman Schneider. 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 19, 1997 ad�ourned at
9:14 p.m.
Respectfully submitted,
� ' `�c.,w"— �%�`"`�\
Carole Haddad
Secretary to the City Council
,7� �
r' '�i a C-� � �c• �, �y
, ��°��t a � ��
Nancy J�. Jorgen�dn
Mayor