03/22/1999 - 00000462THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF MARCH 22, 1999
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:32 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember Bolkcom
MENIBERS ABSENT: None
PRESENTATION:
Facin� the Future with Hope:
Ms. Marilyn Wegscheider, Ms. 7ean Wagener, Mr. Bill Ekstrom and Mr. Clem Coverston were
present, to discuss Facing the Future with Hope. Facing the Future with Hope is a church
coalition aimed at building relationships between church communities and the broader community.
Through these efforts, it was felt that a variety of benefits could be achieved such as stronger
leadership in the congregations; strengthening of neighborhoods, cities and public institutions; a
sharing of faith with others; and building relationships. One important step in this effort has been
the outreach visits, which have been made.
People from three churches in Fridley visited with residents in various neighborhoods in the
community and obtained input regarding community issues such as public safety, transportation,
education, housing, etc. Surveys were conducted to determine the levels of concern in each of
these areas as well as to identify strengths of the community. The ne�t step would be to sit down
with leaders of the community to further discuss the results of the surveys and identify how
resident concerns can be addressed. It was felt that an increase in awareness would lead people to
take a more active interest in government and bring about ways to improve the community.
Mayor 7orgenson thanked the members for the information and stated that she was looking
forward to working with them in the future.
APPROVAL OF MINUTES:
Re�ular Citv Council Meetin� of March 1, 1999:
MOTION by Councilmember Wolfe to amend the March 1, 1999 minutes to close the public
hearing for Special Use Permit SP #97-07. Seconded by Councilmember Barnette.
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 2
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to approve the minutes of the March 1, 1999 City Council
Meeting AS AMENDED. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. ORDINANCE NO. 1122 AMENDING CHAPTER 113, ENTITLED "SOLID
WASTE DISPOSAL AND RECYCLING COLLECTION," BY AMENDING
SECTION 113.07, AND ALSO AMENDING CHAPTER 11, ENTITLED
"GENERAL PROVISIONS AND FEES," BY AMENDING SECTION 11.10,
"FEES"•
Mr. Burns, City Manager, explained that a public hearing and first reading of this
ordinance which would lower the City's solid waste abatement fee from $6.00 to $5.50
were conducted at the March 1 City Council meeting. No comments have been received
since that meeting. The fee reduction was being generated by the decision to close the
recycling center. The fee was a quarterly fee that is charged to owners of residential
dwellings in buildings encompassing up to twelve units. The purpose of the fee is to cover
the costs for the City's residential recycling program.
APPROVED ORDINANCE NO. 1122 AMENDING CHAPTER 113, ENTITLED
"SOLID WASTE DISPOSAL AND RECYCLING COLLECTION," BY
AMENDING SECTION 113.07, AND ALSO AMENDING CHAPTER 11,
ENTITLED "GENERAL PROVISIONS AND FEES," BY AMENDING SECTION
11.10, "FEES."
NEW BUSINESS:
2. RECEIVE THE PLANNING COMMISSION MINUTES OF MARCH 3, 1999.
RECEIVED THE PLANNING COMMISSION MINUTES OF MARCH 3, 1999.
3. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 206 ENTITLED `BUILDING CODE" BY AMENDING
SECTIONS 206.01.02, 206.01.03, 206.03.01, 206.03.03, 206.04, 206.05.01 AND
206.07.12:
Mr. Burns, City Manager, explained that this legislation would update the Fridley City
Code by adopting the most recent versions of the Minnesota State Building Code and the
Uniform Building Code. These code changes include adoption of a new fee schedule for
different types of construction. A ten percent increase would occur for most types of
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 3
permits. These fee increases reflect inflation of the costs of construction as well as the
City's cost of operating the building inspection services since the last code update.
APPROVED FIRST READING OF AN ORDINANCE RECODIFYING THE
FRIDLEY CITY CODE, CHAPTER 206 ENTITLED `BUILDING CODE" BY
AMENDING SECTIONS 206.01.02, 206.01.03, 206.03.01, 206.03.03, 206.04,
206.05.01 AND 206.07.12.
4. APPROVE EXTENSION OF VARIANCE, VAR #98-07, BY BLAINE JONES, TO
REDUCE THE FRONT YARD SETBACK TO ALLOW THE RECONSTRUC-
TION OF A GARAGE, GENERALLY LOCATED AT 54 LOCKE LAKE ROAD
N.E. (WARD 3):
Mr. Burns, City Manager, explained that the original variance was approved in April of
1998. The owner, Mr. Blaine Jones, is requesting a one-year e�tension.
APPROVED EXTENSION OF VARIANCE, VAR #98-07, BY BLAINE JONES,
TO REDUCE THE FRONT YARD SETBACK TO ALLOW THE
RECONSTRUCTION OF A GARAGE, GENERALLY LOCATED AT 54 LOCKE
LAKE ROAD N.E. (WARD 3).
5. APPROVE AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR
SKYWOOD MALL/MENARDS PLAZA, GENERALLY LOCATED AT 5235-5249
CENTRAL AVENUE N.E. (WARD 2):
Mr. Burns, City Manager, explained that changes in the sign plan for this property are the
result of a change in ownership and tenants. Staff reviewed the proposed sign plan
changes and recommended concurrence subject to the following stipulations: 1) The total
signage of the front elevation will not exceed 675 square feet; and 2) Future pylon signs
shall require a sign plan amendment prior to the issuance of a sign permit.
APPROVED AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR
SKYWOOD MALL/MENARDS PLAZA, GENERALLY LOCATED AT 5235-5249
CENTRAL AVENUE N.E. (WARD 2).
6. APPROVE AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR 7820
UNIVERSITY AVENUE N.E. (WARD 3):
Mr. Burns, City Manager, explained that these proposed changes have also resulted from
changes in tenants. Staff reviewed the changes and recommended their approval subject
to the following stipulations: 1) The property owner will apply for sign permits before
installing future signs; and 2) Any future pylon signs will require a comprehensive sign
plan amendment.
APPROVED AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR
7820 UNIVERSITY AVENUE N.E. (WARD 3).
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 4
7. APPROVE 1999 RESIDENTIAL RECYCLING AGREEMENT BETWEEN THE
CITY OF FRIDLEY AND THE COUNTY OF ANOKA:
Mr. Burns, City Manager, explained that this agreement would provide for up to
$75,198.25 in SCORE funding for operation of the City's various recycling programs.
The new agreement contains more demanding promotion requirements; however, they are
consistent with what Fridley is already implementing. In all other aspects, the agreement
is the same as the one the City operated under in 1998.
APPROVED 1999 RESIDENTIAL RECYCLING AGREEMENT BETWEEN THE
CITY OF FRIDLEY AND THE COUNTY OF ANOKA.
8. RECEIVE PROPOSALS AND AWARD CONTRACT FOR THE PURCHASE OF
A NEW TELEPHONE SYSTEM WITH VOICE MAIL:
Mr. Burns, City Manager, noted that the City recently sought proposals for a new
telephone system which would allow the City to be Year 2000 compliant as well as take
advantage of new telecommunications technologies that have been developed since the
current telephone system was installed in 1989. Proposals were received from two
vendors, with the lowest and best proposals being provided by Matrix Communications in
the amount of $131,218. Mr. Burns noted that this amount was considerably higher than
the $85,000 budgeted for 1999; however, the new system would provide operating
savings of $13,200 per year. At this rate of savings, the amount over budget will be paid
back in three and one-half years.
RECEIVED PROPOSALS AND AWARDED CONTRACT FOR THE PURCHASE
OF A NEW TELEPHONE SYSTEM WITH VOICE MAIL TO MATRIX
COMMUNICATIONS IN THE AMOUNT OF $131,218.
9. RECEIVE BIDS AND AWARD CONTRACT FOR MISCELLANEOUS
CONCRETE CURB AND GUTTER PROJECT NO. 322:
Mr. Burns, City Manager, explained that bids were opened on February 24, 1999. Ron
Kassa Construction of Richfield, MN submitted the low bid in the amount of $53,375. It
provided for remedial curb, gutter and sidewalk repairs that have been necessitated by
utility and driveway entrance construction that will occur throughout the year.
RECEIVED BIDS AND AWARDED CONTRACT FOR MISCELLANEOUS
CONCRETE CURB AND GUTTER PROJECT NO. 322 TO RON KASSA
CONSTRUCTION IN THE AMOUNT OF $53,375.
10. RECEIVE BIDS AND AWARD CONTRACT FOR 1999 STREET
IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 1999-10:
Mr. Burns, City Manager, noted that bids on this project were opened on February 24,
1999 with the low bid being provided by Bituminous Roadways of Minneapolis at a cost
of $210,327.74. Since this amount was over the budget by more than $50,000, the
contractor was asked to reduce the contract by an allowed 25 percent. This meant
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 5
eliminating streets in the northwest portion of the City that were not originally included in
this year's sealcoating program. The remaining area was generally north of 73rd Avenue,
east of the Burlington Northern tracks and west of Highway 65.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA, IMMEDIATELY FOLLOWING ITEM 16.
11. RESOLUTION NO. 24-1999 OF THE CITY OF FRIDLEY, MINNESOTA BY
WHICH IT FINDS THAT AN EMERGENCY EXISTS REQUIRING THE
PURCHASE OF FIVE POWER GENERATORS WITHOUT PUBLIC BID IN
ORDER TO SAFEGUARD THE OPERATION OF THE MUNICIPAL SEWER
SYSTEM IN THE YEAR 2000:
Mr. Burns, City Manager, explained that this emergency resolution would allow for the
purchase of five trailer-mounted generators at a cost of $33,000 from Long Lake Tractor
& Equipment. Prices were secured from three manufacturers and staff believed the price
was competitive. Staff has been told that these items are in high demand and are in scarce
supply. Therefore, staff recommended that the City not follow the usual bidding
procedure for these items. Other less time-sensitive purchases would be coming to
Council within the ne�t month after staff has completed additional research.
APPROVED RESOLUTION NO. 24-1999, OF THE CITY OF FRIDLEY,
MINNESOTA, BY WHICH IT FINDS THAT AN EMERGENCY EXISTS
REQUIRING THE PURCHASE OF FIVE POWER GENERATORS WITHOUT
PUBLIC BID IN ORDER TO SAFEGUARD THE OPERATION OF THE
MUNICIPAL SEWAGE SYSTEM IN THE YEAR 2000.
12. CLAIMS:
APPROVED THE PAYMENT OF CLAIM NOS. 85870 THROUGH 86303.
13. LICENSES:
APPROVED LICENSES AS SUBMITTED.
14. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of December 1998 $15,603.75
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 6
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of January 1999 $18, 840. 80
Councilmember Bolkcom requested that Item 10 be removed from the consent agenda.
MOTION by Councilmember Bolkcom to approve the consent agenda, AS AMENDED.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
Mayor Jorgenson noted that Item 10 would be placed under New Business, immediately following
Item 16.
Councilmember Billings asked that one item be added to the agenda, following Item 17. He
would like to discuss the memorandum Council received from Bill Champa and Brian Strand with
regard to the request for proposal for public access.
MOTION by Councilmember Billings to add Item 17(a) to the agenda. Seconded by Council-
member Wolfe.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Barnette to approve the adoption of the agenda, AS AMENDED.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mayor Jorgenson noted that this was the time set aside for residents to speak about issues not on
the agenda.
There were no questions or comments from the public.
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 7
PUBLIC HEARING:
15. CONSIDER SPECIAL USE PERMIT, SP #99-01, BY HOLIDAY COMPANIES,
FOR THE CONSTRUCTION OF A HOLIDAY STATIONSTORE, GENERALLY
LOCATED AT 5695 HACKMANN AVENUE (WARD 2):
MOTION by Councilmember Bolkcom to open the public hearing at 8:00 p.m. and to waive the
reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 8:00 P.M.
Mr. Hickok, Planning Coordinator, explained that the petitioner, Mr. Hoeschen, of the Holiday
Companies requested additional time to prepare information before having his special use permit
request go before Council. To allow ample time for their traffic consultant to prepare necessary
information, they requested that the public hearing be continued to April 26, 1999. Mr. Hickok
said that notices would be sent out to the area residents informing them of the new date.
MOTION by Councilmember Billings to receive the letter of March 11, 1999 from Mr. David D.
Hoeschen. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Motion by Councilmember Billings to continue the public hearing on April 26, 1999. Seconded
by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
16. VARIANCE REQUEST, VAR #99-01, BY ABRAHAM AND JUNE NICHOLS, TO
ALLOW THEM TO PARK A TRAVEL TRAILER ON BLACKTOP DRIVEWAY
RATHER THAN THE SIDE OR REAR YARD, GENERALLY LOCATED AT
6949 HICKORY DRIVE N.E. (WARD 3):
Mr. Hickok explained that Mr. and Mrs. Nichols requested a variance to allow them to park their
travel trailer on their blacktop driveway rather than in the side or rear yard as required by code.
He provided photographs of the property, noting that it was located on the north edge of Locke
Lake. Several photographs were presented showing the location of the trailer from various
directions.
Mr. and Mrs. Nichols' hardship was that their lot does not allow them to utilize either the side
yard or the back yard. Both of their side yards slope sharply, and one side has stairs and large
flower boxes. Mr. Hickok noted that on a field visit, there was not access to the side or rear yard.
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 8
Mr. Hickok noted that no similar requests have been granted. Council did consider one such
variance request at a 7anuary meeting but denied the request. Staff did not have any
recommendation on this request. He noted that if Council grants this variance, the following
stipulations would be recommended: 1) The petitioner shall continue parking the travel trailer on
the paved surface; 2) The petitioner shall continue parking towing vehicle in the garage when not
in use; and 3) The variance shall become null and void once Mr. and Mrs. Abraham Nichols sell
the property or move from the home.
Mayor Jorgenson asked if Mr. and Mrs. Nichols were issued a citation. Mr. Hickok responded
that this violation was discovered as part of the systematic code enforcement process. No
complaints have been received; however, several letters of support have been sent to the City
from neighbors. The ordinance, however has been in effect since the late 1960s.
Councilmember Bolkcom stated that she did not feel the Appeals Commission's direction was
clear. Mr. Hickok stated that the Appeals Commission would like to see this portion of the code
revisited so that it would be clearly evident that in no case are travel trailers to be parked in the
front yard.
There was some discussion with regard to motor homes being parked in driveways. Mr. Hickok
noted that these types of units fall within the statutory definition of vehicles; and, therefore, are
allowed on driveways. This is often difficult for residents to comprehend.
Councilmember Wolfe noted that to most residents who live on the lake, the lakeside property is
considered to be the front yard. Parking trailers there would have a more visual impact than
parking them on the front driveways.
Mayor Jorgenson stated that she felt the ordinance must be applied to all properties within the
City, not just certain properties.
Councilmember Bolkcom felt that the entire ordinance needed to be reviewed again.
Mr. Knaak, City Attorney, stated that he felt Council must be careful in granting variances such as
this. There are likely other properties with similar situations, which would come forward with
variance requests as well. If Council chose to approve the variance, the various set of unique
circumstances which apply to this property would need to be explicitly outlined.
MOTION by Councilmember Bolkcom to approve Variance #99-01, due to the unique
characteristics of the property. Seconded by Councilmember Wolfe.
MOTION by Councilmember Bolkcom to amend the motion of approval, noting that it was a
unique property with the lake in the rear yard, and it was to include the following stipulations: 1)
the petitioner shall continue parking the travel trailer on the paved surface; 2) the petitioner shall
continue parking towing vehicles in garage when not in use; and 3) the variance shall become null
and void once Mr. and Mrs. Abraham Nichols sell the property or move from the home.
Seconded by Councilmember Wolfe.
Mr. Mark Nichols, stated that his parents, Mr. and Mrs. Nichols, have been residents of Fridley
since 1965. The trailer has been parked in that location for over thirty years. During the summer
months, the trailer is moved to a seasonal site on Big Lake. The neighbors have all indicated their
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 9
approval of the parking situation. He stated that his parents are retired with a fixed income and
that storing the trailer off site would be expensive.
Mayor Jorgenson stated that she was empathetic that Council must maintain consistency. This
situation would really be no different than those properties on Matterhorn Drive.
Councilmember Barnette stated that he could support the variance request provided it would
become null and void if the Nichols should ever move or sell the property.
Councilmember Billings stated that a stipulation such as this would indicate that the variance was
not being granted for the particular property, but rather for the property owner and would
establish a precedent for storage of other trailers in front yards. He felt that many of the big
motor homes do create a bigger visual impact than trailers such as that owned by Mr. and Mrs.
Nichols. However, at this time, he could not support this variance.
Councilmember Barnette asked where some of the other trailer owners at the Big Lake resort
store their trailers during off-season. Mrs. Nichols stated that many of them are parked off-site.
She checked into the cost of doing so, and found that it would cost appro�mately $48.00 per
month to store the trailer on a 12 foot by 24 foot stall (outdoors).
Mr. Knaak, City Attorney, noted that should Council choose to approve the variance request, he
would recommend that the approval be based on the steep slopes and large evergreens on the
property and the fact that there is no possible way to put the travel trailer in the side yard. There
was no alley behind the home to access the rear yard. Additionally, due to the large trees on the
lot, the travel trailer is fairly well screened from all neighbors except those directly across the
street.
UPON A VOICE VOTE, COUNCILMEMBER BOLKCOM AND COUNCILMEMBER
WOLFE VOTED AYE, AND MAYOR JORGENSON, COUNCILMEMBER-AT-LARGE
BARNETTE AND COUNCILMEMBER BILLINGS VOTED NAY. MAYOR
JORGENSON DECLARED THE MOTION FAILED.
Mr. Hickok noted that Mr. and Mrs. Nichols have 45 days to remove the trailer from their
property. Councilmember Bolkcom felt that portion of the City Code should be revisited.
10. RECEIVE BIDS AND AWARD CONTRACT FOR 1999 STREET
IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 1999-10:
Councilmember Bolkcom stated that she requested that this item be removed from the consent
agenda for clarification as to which streets would be sealcoated. Mr. Flora provided a diagram
showing which streets would be completed. Originally, staff felt that the area, which was not
completed under the Riverview Heights project, could be completed as a part of this project.
However, when bids came in, it was evident that the costs would far exceed the amount budgeted
in 1999 for this project. Therefore, staff's first recommendation was that those areas be deleted
which would bring the project cost down from $210,327.74 to $163,131.28.
Since that time, staff received the bids for the Riverview Heights street improvement project,
which were essentially $200,000, less than what was originally anticipated. As a result, staff felt
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 10
that a portion of the funds budgeted for the Riverview Heights project could be used to finance
the sealcoating project, thereby allowing all of the work (Areas 1& 2) originally proposed to be
completed on schedule under the City's street maintenance program.
A discussion followed with regard to the possibility of cost overruns and change orders that could
occur when the Riverview Heights project is completed. This would, in turn, increase the costs
for that project. Mr. Flora noted that one change order was already anticipated for the Riverview
Heights project; however, he remained confident that there would be ample funds in the project
budget to complete the project satisfactorily.
Councilmember Bolkcom asked how much excess funds anticipated would remain available for
other change orders which could result. Mr. Flora noted that the anticipated cost of the
Riverview Heights project was between $2.2 million and $2.6 million. The bid came in at just
under $2 million. Even with the approximate $140,000 in change orders (including the seal
coating project and the raising of the water line), it appears that there would still be ample funds.
Councilmember Billings noted that at some point the areas designated for sealcoating would need
to be doubled up in order to allow the project to remain on schedule. With costs continuing to
increase, he felt Council should consider looking at completing the sealcoating in Area 1 at this
time.
Mayor Jorgenson stated her concern is that what appears to be a surplus of funds at this time may
eventually end up as a deficit.
MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 1999
Street Improvement Project No. ST 1999-10 to Bituminous Roadways in the amount of
$210,327.74, including all of Area 2 as scheduled plus those streets in Area 1 that are not part of
the Riverview Heights project area. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
17. RECEIVE BIDS AND AWARD CONTRACT FOR THE 1999 STREET
IMPROVEMENT PROJECT NO. ST. 1999-1: RIVERVIEW HEIGHTS:
Mr. Flora noted that the bids for this project were opened on March 19, 1999. The low bid was
received from Park Construction in the amount of $1,969,634.75. He noted that the City has
worked with Park Construction in the past and has not had any problems.
MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 1999
street improvement project No. ST 1999-1: Riverview Heights to Park Construction in the
amount of $1,969,634.75. Seconded by Councilmember Barnette.
Mr. Flora noted that as a result of the low bid, staff proposed a change order that would raise the
water line along 79th Way and Riverview Terrace to preclude future maintenance issues resulting
from the waterline's increased depth.
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 11
Councilmember Billings asked if the price for the change order would include the removal of the
old line. Mr. Flora noted that it would be e�tremely difficult to remove, as it is below all of the
other utility lines.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
17A. DISCUSSION REGARDING MEMORANDUM FROM BILL CHAMPA AND
BRIAN STRAND RELATING TO PUBLIC ACCESS:
Councilmember Billings noted that a memorandum was sent to Council in their weekly packet
with regard to the Request for Proposals for public access. He noted that when this item was
presented to Council at their work session in January, staff was proposing specific hours of
operation. He believed that Council decided not to specify the hours of operation, but to specify
the number of hours per week that it would need to be open. The recommended hours of
operation in the RFP was listed as 37 hours per week.
In reviewing the recap of the studio usage and editing equipment usage which was received from
E.T.C. Channel 33 from May through December of 1998 indicates that there are appro�mately
5.5 hours of usage per week by Fridley residents and seven hours per week of usage by non-
Fridley residents. He did not feel the studio should be open 37 hours per week when the usage
was approximately fifteen hours per week. He also noted that he did not find anything in the RFP
that would encourage the provider to increase the usage. If the hours of operation needed to be
adjusted after the first year, it could be done.
Another requirement that he believed was in the draft RFP, was that the public access would be
available to the residents of Fridley; the residency requirements are no longer in the RFP.
Mayor Jorgenson stated that she had been contacted be several members of the community who
were interested in reviewing the RFP. She asked if they were contacted to provide input in the
process.
Mr. Strand, Video Specialist, explained that three members were present at the Cable Television
and Telecommunications Advisory Commission meeting when this RFP was discussed and none
of them were in favor of establishing a residency requirement. In regard to hours of operation,
the Cable Commission wanted to have some hours of operation specified to assist in the bidding
process. They indicated a desire to keep those hours under 40 per week but did not feel that 20
hours was adequate.
Councilmember Billings stated that one of the reasons he did not support signing a contract with
E.T.C. Channel 33 was that the level of service being provided was far in excess of the demand
for the City of Fridley. He felt that adequate service could be provided to meet the needs of the
residents at a far lower cost by reducing the number of hours of operation. Perhaps if the City
wished to continue offering the service to non-residents, a small fee should be charged. He noted
that he did not feel that Fridley had an obligation to provide equipment to anyone who may want
to use it. He did not think it was a good way to spend tax dollars.
FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 12
Mayor 7orgenson noted that there are many other amenities in Fridley which are not only available
to Fridley residents such as the hockey rinks, the swimming beaches, etc. Naturally, one would
encourage and hope that Fridley residents are using these resources, but there are no residency
requirements established in these areas.
Councilmember Billings stated that streets and parks in the City are not maintained to a greater
level to allow for non-residents than what is provided for residents. In the case of public access,
however, additional hours would be available to provide access for non-residents.
Councilmember Billings also suggested that staff look at some type of insurance for the
equipment, as the hold harmless clause in the RFP may not be adequate. Furthermore, some kind
of security bond (beyond the performance bond) may be necessary.
Councilmember Wolfe stated that he would not object to charging non-residents a small fee for
public access. Sports associations often charge non-residents a higher fee than residents.
Councilmember Barnette suggested that the RFP specify the hours of operation to be 20 hours
per week and that a minimal fee be charged for non residents. Mayor Jorgenson wondered if this
would discourage people from responding to the RFP.
It was the general consensus that staff address these items and have a discussion by the Cable
Commission after which time it would again be brought to Council for consideration.
18. INFORMAL STATUS REPORTS:
Councilmember Bolkcom presented a copy of the SOt'` Anniversary booklet for Fridley. She
stated her appreciation to all those who were involved in preparing the booklet. The booklets will
be delivered with Focus News. For those who do not receive a copy, additional copies will be
available at various locations including the Community Center and the Municipal Center.
Mayor Jorgenson reminded residents of the Lasagna Dinner put on by the Fridley Historical
Society on Saturday, April 17. Tickets are available by contacting the Fridley Historical Society.
ADJOURN:
MOTION by Councilmember Barnette to adjourn the March 22, 1999 City Council meeting at
9:45 p.m. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS
ADJOURNED AT 9:45 P.M.
Respectfully submitted,
Tamara D. Saefke Nancy J. Jorgenson
Recording Secretary Mayor