02/14/2005 - 4567OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
FEBRUARY 14, 2005
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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF FEBRUARY 14, 2005
7:30 p.m. — City Council Chambers
Attendance Sheet
Please �rint name address and item number vou are interested in.
Print Name (Clearly) Address Item No.
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� CITY COUNCIL MEETING OF FEBRUARY 14, 2005
Cf1Y dF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in
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 will 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 should contact Roberta Collins at 572-3500 at least one
week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
ADMINISTRATIVE HEARING
Continuation of Abatement Appeal of
Karin Tyra, 1501 Mississippi Street N.E. (Ward 2) ..................................................... 1- 2
CITY COUNCIL MEETING
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Special Closed City Council Meeting of January 24, 2005
Administrative Hearing of January 24, 2005
City Council Meeting of January 24, 2005
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2005 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. Receive Bids and Award Contract for Springbrook
Creek Restoration Project No. 358 (Tabled
January24, 2005) .............................................................................................. 3- 4
NEW BUSINESS:
2. Preliminary Plat Extension Request, PS #04-04,
by Park Construction Company, to Replat Multiple
Parcels to Create One Lot, Generally Located at
30 — 81St Avenue N.E. (Ward 3) ........................................................................ 5
3. Approve 2005 Agreement for Residential Recycling
Program between the City of Fridley and the County
ofAnoka ....................................................................................................... 6 - 13
4. Receive Bids and Award Contract for the Repair of
WellNos. 3 and 6 ............................................................................................... 14 - 15
5. Resolution Receiving Final Plans and Specifications
and Ordering Advertisement for Bids: 73�d Avenue Mill
and Overlay Project No. ST. 2005 — 2 ............................................................... 16 - 17
0
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2005 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED)•
6. Resolution Authorizing Changes in Appropriations
for the 2004 Budget for November through December,
2004 ....................................................................................................... 18 - 19
7. Appointments — City Employees ........................................................................ 20
8. Claims ....................................................................................................... 21
9. Licenses ....................................................................................................... 22 - 23
OPEN FORUM (VISITORSI: Consideration of Items not on Agenda — 15 Minutes
NEW BUSINESS:
10. First Reading of an Ordinance Amending
Chapters 602, 603 and 606 of the Fridley City
Code Pertaining to Licensed Establishments
Serving Beer or Intoxicating Liquors, Prohibiting
CertainConduct Therein .................................................................................... 24 - 25
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2005 PAGE 4
NEW BUSINESS (CONTINUED):
11. Resolution of the City of Fridley Finding the Proposal
of Time Warner to Provide Cable Communications
Services within the City to Inadequately Meet the Cable
Communications Needs of the City and Making a
Preliminary Assessment Denying the Renewal of the
Franchise of Time Warner ................................................................................. 26 - 29
12. Informal Status Reports . .................................................................................... 30
ADJOURN.
MINUTES OF THE
SPECIAL CLOSED
FRIDLEY CITY COUNCIL MEETING
OF JANUARY 24, 2005
SPECIAL CLOSED CITY COUNCIL MEETING
CITY OF FRIDLEY
JANUARY 24, 2005
The special closed City Council meeting was called to order by Mayor Lund at 5:00
p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Bolkcom
Councilmember Billings
Councilmember Wolfe
1. Pendinq Litiqation — John DeMello
Discussion on this matter commenced at 5:00 p.m. and ended at 5:46 p.m.
2. Penclir�q Litiqation — ShorE�wood Lawsuit.
Discussion on this matter commenced at 5:46 p.m. and ended at 6:00 p.m.
ADJOURN
The meeting adjourned at 6:00 p.m.
Respectfully submitted by,
William W. Burns
City Manager
0
MINUTES OF THE
ADMINISTRATIVE HEARING
OF JANUARY 24, 2005
ADMINISTRATIVE HEARING
CITY COUNCIL
CITY OF FRIDLEY
JANUARY 24, 2005
An Administrative Hearing held by the Fridley City Council as called to order by Mayor
Lund at 7:00 p.m.
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Frederic Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Rebecca Brazys, Recording Secretary
Karin Tyra, Petitioner
James Tyra, Petitioner's Son
ADMINISTRATIVE HEARING
Abatement Appeal of Karin Tyra, 1501 Mississippi Street NE (Ward 2).
Ms. Tyra questioned why this matter is being heard during a special session rather than
at the regular Council meeting. She was concerned that the 30-minute timeframe
available would not be adequate to resolve this matter.
Mr. Tyra stated the city ordinance states the hearing should be held at the next regular
Council meeting, not at a special session.
Mr. Knaak, City Attorney, explained this is a regularly scheduled meeting night for the
City Council and hearings are normally scheduled at a time certain, either before or
after the Council meeting.
Mayor Lund explained Council can continue or postpone the discussion if necessary.
Ms. Tyra agreed to proceed.
Mr. Hickok, Community Development Director, explained that in July, 2004, the Public
Works staff observed that a retaining wall and fence had been constructed on the public
right-of-way adjacent to the petitioner's home. Public Works referred the matter to
ADMINISTRATIVE HEARING OF JANUARY 24, 2005 PAGE 2
Community Development. Ms. Tyra's property is located at the corner of Mississippi
Street and Arthur Street. The rear of the property had been used for parking in past
years, but since the City Code required a hard surface driveway, the rear yard would not
be viable for parking unless an asphalt or concrete driveway was installed. Ms. Tyra
chose to install a concrete driveway and take access off of Mississippi Street rather than
Arthur. She chose to eliminate vehicle access from Arthur entirely and enclosed her
rear yard with a fence and retaining wall. The zoning on this property is R-1,
Residential, and fences in this zoning can be up to 7 feet in height in the side and rear
and must be entirely on the owner's property. Fences for residential properties do not
require a building permit and retaining walls do not require a permit if they are less than
four feet in height. No City staff oversight was required and Ms. Tyra had her fence and
retaining wall installed.
Mr. Hickok then reviewed pictures of the petitioner's property with the fence and
retaining wall and pointed out how the snow was away from the curb because of the
close proximity of the retaining wall to the curb. This fence and retaining wall are
attractive and have eliminated a gravel slope which used to cover the slope and erode
into the street and storm sewer. The concept of the wall and fence is a good one, but
the location is not good. Snow removal and storage will be hindered by the location of
these new structures.
Mr. Hickok further explained that City staff contacted Ms. Tyra and she indicated her
attorney had advised her not to speak with staff and that the City should take her to
court, if that is what they planned to do. Staff was very interested in getting this matter
resolved before snowfall. This construction on the right-of-way is akin to building a
structure in a city park. Public land belongs to the public and is not meant to satisfy
private interest. Ms. Tyra had indicated at the hearing that she was doing what the City
and the staff had told her to do but this is not true. The retaining wall and fence were
built without City review.
Mr. Hickok stated the right-of-way on Arthur Street is 60 feet wide and the street width
from curb to curb is 35 feet. The City engineering staff said Petitioner should move the
retaining wall and fence back 12 '/z feet from the back of the curb. As an alternative to
the retaining wall, Ms. Tyra could grade the property back as a maintainable slope and
place the fence 12 '/z feet back from the curb. Staff recommends that Ms. Tyra either
rebuild the retaining wall no closer than 12 '/2 feet from the back of the curb and replace
the fence in that location or simply move the fence back no closer than 12 '/2 feet from -
the back of the curb, remove the retaining wall, grade and dormant seed the land
outside of the fence to create a minimal slope. Due to the season, staff asks that
Council support stafFs position and that of the hearing officer and direct staff to proceed
with abatement if the following has not been completed:
1. Staff recommends that the retaining wall and fence be removed by February 15,
2005, for the safety of the snowplowing staff.
2. The re-grading of the slope and re-establishment of turf should be done by
June 1, 2005.
ADMINISTRATIVE HEARING OF JANUARY 24, 2005 PAGE 3
Mr. Hickok stated staff had hoped to have this matter resolved before snowfall. It is
important enough to staff to have at least the retaining wall removed. Staff recognizes
that any grading of the frozen ground could not be done easily until June 1. If the fence
is not removed by February 15 and/or the slope is not re-graded and turF re-established
by June 1, staff asks Council to authorize them to commence with contracting out each
of the aspects of the project and billing the homeowner.
Councilmember Wolfe pointed out on the picture provided by Mr. Hickok that the cut
behind the Tyra property was done with a snow blower, not by a snowplow.
Councilmember Billings commented that because the roadway is not always centered
on the 60 foot right-of-way, the only way to ensure the retaining wall and fence are not
located on the City's right of way is for the petitioner to have her lot surveyed.
Mr. Haukaas, Public Works Director, responded the survey would be the best solution,
but staff is offering the 12 '/2 feet in an effort to resolve the issue.
MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to accept
into the record the pictures and statement drafted and submitted by the petitioner.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Ms. Tyra explained her neighbor to the north has used his snow blower to cut into the
snow along the roadway for the last ten years because he has a handicapped son. It
had nothing to do with her retaining wall and fence. She also stated the snow along her
property line does not stick out into the street any more than it does in other places.
She stated she contacted Mr. Hickok and requested more information on the right-of-
way as she does not understand it. She also did research at the courthouse and the
county could find no record of any public right-of-way being there. She asked if there is
a legal document proving that the right-of-way is public.
Mr. Haukaas stated staff did provide Ms. Tyra a copy of the plat that shows the street
right-of-way.
Ms. Tyra stated she did not receive a plat from the City. She believed the right of way
should be legally documented, not just shown on a plat.
Mr. Haukaas explained that Ms. Tyra's property is documented as Lot 18 and the plat
for her property reflects the right-of-way. The right-of-way is dedicated to the public as
a part of that plat.
Ms.Tyra questioned the reason for a right-of-way on a dead-end road.
Mayor Lund explained every property fronting on a roadway has a right-of-way. Such
right-of-ways are necessary not only for snow storage, but for the installation of utilities
ADMINISTRATIVE HEARING OF JANUARY 24, 2005 PAGE 4
such as gas lines, cable or telephone lines. That is why fences and retaining walls must
not infringe on the public right-of-way.
Ms. Tyra stated all property owners then should have fences and retaining walls at least
12 '/2 feet off the roadway and that is not the case.
Mr. Tyra, Petitioner's son, asked if this is a public right-of-way, shouldn't the property
owner be absolved from responsibilities in that right-of-way? He stated there has been
a retaining wall on their property for 25 years.
Ms. Tyra claimed that Mr. Hickok had been on her property and did oversee what they
were doing on their property. He did not indicate that there were any problerns with the
retaining wall and fence. She said she did not understand the right-of-way issue and
believed it was unreasonable to ask them to move the fence and retaining wall back
12'/2 feet because it would take up so much of their rear yard. She requested an
extension on the deadline for removal of the fence and retaining wall.
Mr. Hickok stated at no time did he stand on Petitioner's property and talk about a
retaining wall being located in the public right-of-way. There have been a number of
code enforcement issues on the Tyra property and a number of City staff members
have been on their property, but at no time was there any discussion about the fence or
the retaining wall or where it would be located. At one point, there was an issue with
putting a storage building in the front yard, but at no time was there a discussion about
building in the public right-of-way. He said Ms. Tyra may be confused about the
difference between the right-of-way and an easement because at one point she did
contact City staff and asked if she could place a fence in an easement. He explained as
long as residents realize the limitations, they can place a fence in an easement area.
Ms. Tyra stated in 1996, staff approached her and asked her to set the retaining wall
back from the curb, which she did. The retaining wall has been in that location for
seven years. The plow drivers have had no trouble, and she never heard a complaint
from neighbors or the City. Mr. Hickok admitted that he has been at her property
several times and did see the retaining wall and fence. She questioned why, after all
these years, there was suddenly a danger.
Mayor Lund asked what the height of the fence was.
Ms. Tyra stated it was a standard six-foot fence.
Mayor Lund asked when a building permit is required for residential fences.
Mr. Hickok stated a permit is not required. Residents just have to keep the height below
7 feet.
Mr. Tyra stated they are basically concerned about the retaining wall at this point. They
plan to move the fence back in the spring. If the retaining wall needs to be removed at
ADMINISTRATIVE HEARING OF JANUARY 24. 2005 PAGE 5
some point for a Public Works project, they would comply, but it serves a purpose in
stopping erosion in their yard. Also, petitioner is not strong enough to mow the steep
hill.
Ms. Tyra said she is not prepared to discuss the matter at this time, because she does
not understand the right-of-way issue.
Mayor Lund said City staff would be happy to meet with Ms. Tyra and explain the
situation.
Mr. Haukaas explained that there are other retaining walls in the right-of-way, but staff
tries to discourage them whenever possible. When there is a change in a retaining wall,
as there was to Petitioner's, it is immediately evident. Petitioner made her retaining wall
significantly longer and taller than it was originally and it became an obstruction. If a
plow should hit such an obstruction, the City becomes liable. Whenever they have the
opportunity, staff works with homeowners to explain that they cannot build structures in
the right-of-way. A year ago, Ms. Tyra had a small retaining wall behind the curb. Now
it is a 3-foot tall retaining wall with a 6-foot high fence on it. It is a huge imposition and
change and it can be a problem. He offered to meet with the Tyras at their
convenience.
Ms. Tyra and her son both claimed that the retaining wall was the same size it had been
for 30 years.
Ms. Tyra asked if the City could grant a special use permit to keep the retaining wall and
fence v►rhere it is. She also asked if there is something in writing stating that they are
responsible for maintenance of the boulevard in the right-of-way.
Mr. Haukaas said City ordinances state that clearly.
Mr. Knaak stated it is well established law in Minnesota, with a multitude of cases and
long established law in terms of encroachment on public rights-of-way. He encouraged
Ms. Tyra to seek recourse with legal counsel.
Mr. Hickok stated it is the obligation of the homeowners to know where their property
lines are. The City cannot survey for private property owners.
Councilmember Bolkcom stated staff has requested removal of the retaining wall and
fence by February 15. If this matter is continued, the next Council meeting is
February 14.
Councilmember Billings stated the facts are clear. The fence and retaining wall are on
City property and he would have no problem making a motion instructing petitioner to
get them off City property.
ADMINISTRATIVE HEARING OF JANUARY 24, 2005 PAGE 6
Councilmember Barnette asked if the Tyras would like to meet with staff during the
council meeting and come back at the end of the meeting for final action.
Mr. Tyra stated they would prefer more time to research this.
Councilmember Billings stated the Tyras should have researched the matter before the
review by the hearing officer and before the administrative hearing. The facts are not
going to change.
MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to continue
this matter to February 14 at 7:00 p.m.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Respectfully submitted,
Rebecca Brazys
Recording Secretary
MINUTES OF THE
FRIDLEY CITY COUNCIL MEETING
OF JANUARY 24, 2005
CITY COUNCIL MEETING
CITY OF FRIDLEY
JANUARY 24, 2005
The City Council meeting for the City of Fridley was called to order by Mayor Lund at
7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Frederic Knaak, City Attorney
Scott Hickok, Community Development Director
Richard Pribyl, Finance Director
Jon Haukaas, Public Works Director
Jack Kirk, Recreation & Natural Resources Director
Rebecca Brazys, Recording Secretary
Senator pon Betzold
Representative Char Samuelson
Representative Connie Bernardy
Representative Barb Goodwin
LEGISLATIVE UPDATE:
Senator Betzold, Representative Samuelson, Representative Bernardy and
Representative Goodwin commented on the activities of the state legislature.
OPEN FORUM (VISITORS): Consideration of items not on agenda (15 minutes)
Ms. Bonnie McDonald, Executive Director of the Anoka County Historical Society,
thanked the Council for sponsoring the ornament presentation that was made on
December 7 at the Anoka County History Center.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24. 2005 PAGE 2
CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council meeting of January 3, 2005.
APPROVED
OLD BUSINESS:
Second readinq of an Ordinance Amendinq Chapter 603 and Chapter 606 of
the Fridley Citv Code Pertaininq to Lawful Gamblinq.
Dr. Burns, City Manager, explained that this ordinance amends Chapters 30, 603 and
606 of the Fridley City code to allow all forms of lawful gambling permitted by Minnesota
Statutes to be conducted by licensed gambling organizations in both clubs and
restaurants. Prior to these amendments, licensed local gambling organizations were
restricted to the sale of pull-tabs in local restaurants. Staff recommends Council's
approval of the second and final reading.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1200 ON SECOND READING.
NEW BUSINESS:
2. Resolution Establishinq the Sprinqbrook Nature Center Special Revenue
Fund.
Dr. Burns, City Manager, explained that by this action, Springbrook Nature Center
revenues and expenditures will be removed from the General Fund and placed in a new
special revenue fund. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-09
3. Resolution Authorizinq Chanqes in Appropriations for the 2005 Budqet
Associated with the Creation of the Sprinqbrook Nature Center Special
Revenue Fund.
Dr. Burns, City Manager, stated the Springbrook Nature Center budget was cut back
from $303,000 in 2003 to $265,775 in 2004. The current City budget for 2005 provides
$270,474 for the operation of the Springbrook Nature Center. This resolution raises the
appropriation by $39,808 to $310,282. The new amount will allow for the restoration of
evening and weekend hours as well as a part-time building maintainer. Staff
recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 3
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Resolution Approvinq and Authorizinq Siqninq an Aqreement for Police
Serqeants of the City of Fridley Police Department for the Years 2003, 2004,
and 2005.
Dr. Burns, City Manager, said the Fridley police sergeants certified as a bargaining unit
with the Bureau of Mediation Services on October 15, 2003. The City has been
negotiating a new contract since April, 2004. While it appeared as though the City was
headed for arbitration in March of this year, an agreement was reached. The main
terms of the agreement provide the sergeants with a 2% increase effective October 15,
2003 and 3% increases effective January 1, 2004 and January 1, 2005. The contract
expires at the end of 2005. For the most part, it includes the same terms as found in
the police patrol contract. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-11.
5. Approve Joint Powers Aqreement for Traffic Markinqs, Street Sweepinq,
Crack Sealinq, Screeninq and Seal Coatinq.
Dr. Burns, City Manager, explained that this agreement is with the cities of Andover,
Brooklyn Center, Columbia Heights, Coon Rapids and Spring Lake Park. It provides for
the joint bidding of various street maintenance items. Fridley's main interest is in seal
coating. The agreement does allow us to take advantage of other street maintenance
items. There is no obligation to use the joint bid. Staff recommends Council's approval.
APPROVED.
6. Motion to Authorize the Fridlev Senior Companion Proqram to Apply for
CDBG Fundinq for the Period July, 2005, Throuqh December, 2006.
Dr. Burns, City Manager, stated as was the case in 2004, we are joining the City of
Coon Rapids in making an application for CDBG funding. Together we are asking for
$13,000 in 2005-2006 CDBG money to fund the Senior Companion Program. If
successful, Fridley's share would be $6,500. Staff recommends Council's approval.
APPROVED.
7. Appointments (Citv Employees).
Dr. Burns, City Manager, stated staff recommends the appointment of Christopher
McClish, Andrew Todd and Zachary Chlebeck as patrol officers. These three positions
were vacated in 2004 as a result of two promotions and a resignation.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24. 2005 PAGE 4
8. Claims (119898 — 120226).
APPROVED.
Councilmember Barnette requested that Item 3 be removed from the consent agenda
and placed on the regular agenda.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve
the consent agenda with the removal of Item 3 to the regular agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve
the agenda with the addition of Item 3.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OLD BUSINESS:
9. Variance Request, VAR #04-15, by Bill Hinks, Furniture Outlets, USA, Inc. to
Increase the Amount of Allowable Wall Signage on the North Facing Wall of
the Building from 342 Square Feet to 734 Square Feet; to Increase the
Amount of Allowable Wall Signage on the East Facing Wall from 289
Square Feet to 324 Square Feet and to Allow Signage on Three Walls of an
Industrial Building, Generally Located at 5353 East River Road (Ward 3)
(Tabled January 3, 2005).
and
Approve Findings of Fact for Variance Request, VAR #04-15.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove
Variance Request, VAR #04-15, from the table.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Hickok, Community Development Director, stated that at the January 3 City Council
meeting, Council reviewed this item and directed staff to prepare findings of fact to
support the approval of the variances at this location. The variance request for the west
face of the building has been withdrawn by petitioner. The variances to be approved by
Council include:
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 5
1. The variance to increase the amount of allowable wall signage on the north
facing wall (Interstate 694 side) of the building from 342 square feet to 734
square feet.
2. The variance to increase the amount of allowable wall signage on the east facing
wall (front store entrance) of the building from 289 square feet to 324 square feet,
which is the signage that exists on the building today.
3. The variance to allow signage on three walls of an industrial building instead of
' the code-allowed two.
- The Council's findings of fact are as follows:
1. The property is unique from the standpoint that its main visibility is from Interstate
694 and there is not a through street running immediately adjacent to the
property.
2. The property is unique because it is off a frontage road that needs to be
accessed about a half mile away, on a street that is perpendicular to the frontage
road.
3. A similar sign variance was granted for a neighboring industrial property. This
property and use is comparable to the petitioner's as they are both located at the
end of the frontage road which is only visible, not accessible, from Interstate 694.
They also share a similar feature in that their principal use is warehousing, which
is industrial, while also incorporating a retail interest as an accessory use.
4. Location overall is atypical for retail users and traffic.
Mr. Hickok said staff recommends that Council review the request for the three
variances listed above, review the attached findings of fact, modify them if necessary,
and approve them for the record. Staff also recommends the following stipulations:
1. The petitioner shall obtain a sign permit prior to installation of any additional
signage.
2. This variance shall remain in effect unless any of the following occur:
a. The sign is altered in any way, except for routine maintenance and change
of inessages which makes the sign less in compliance with requirements.
b. The supporting structure of the sign is replaced or remodeled.
c. The face of the sign is replaced or remodeled.
d. The sign becomes dilapidated or damaged and the cost of bringing it into
compliance is more than 50% of the value of the sign, at which time all of
the sign and its structure shall be removed.
e. Notwithstanding subparagraph (a) above, upon the change of the name of
the business being displayed on this sign.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 6
Councilmember Bolkcom asked about the letter dated January 25 to Furniture Outlets.
Mr. Hickok explained if the variances are approved by Council this evening, the letter
will be mailed to petitioner on that date.
Mr. David Bailey, Furniture Outlets USA, stated he has no concerns with the stipulations
recommended by staff.
MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to approve
Variance Request, VAR #04-15, based on the findings of fact and recommendations -
specified by staff.
Councilmember Bolkcom asked if the variance withdrawn by the petitioner needs to be
addressed by Council in their motion.
Mr. Hickok stated because the petitioner withdrew that variance, no action is necessary.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
10. Approve Findings of Fact for Variance Request, VAR #04-14, by St. Philip's
Lutheran Church, Generally Located at 6180 Highway 65 NE (Ward 2).
Mr. Hickok, Community Development Director, explained that at their last meeting,
Council denied this variance on a 3 to 2 vote and instructed staff to determine findings
of fact on which to base the denial. The findings are as follows:
1. The size of the church campus and architecture of the building, with the
pronounced spire, make it clearly visible as a church without the need for
additional signage beyond what code allows.
2. The physical placement of the proposed sign can be closer to the roadway than
surrounding properties to the north, since St. Philip's Lutheran Church does not
have a frontage road on the highway side of their property.
3. There is a lack of unique physical characteristics to the St. Philip's Church
property.
4. Without a variance, the petitioner still has an opportunity to provide signage on _
the property, including a new 32 foot pylon sign, in addition to the existing corner
monument sign, if used as an address marker.
5. A larger sign may have an impact on nearby residential property. Once
approved, the Church intends to request a Special Use Permit for an electronic
reader board sign at this location, which could create a visual distraction in the
area, especially in the evening hours.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 7
6. Neither City staff, the Appeals Commission, nor the City Council have been able
to identify a hardship for the increased sign size request.
Mr. Hickok further stated that staff recommends Council review the findings of fact,
make any necessary modifications and approve it for the record. This variance was
denied at the last Council meeting.
� Councilmember Barnette stated one of the discussion items at the Council meeting was
St. Philip's seeking rezoning for their property which would allow the sign.
Councilmember Bolkcom stated she received an email regarding this matter that stated
they planned to pursue the rezoning issue with the church board.
Councilmember Billings stated he has been looking at some legislation for a possible
overlay district that would include East River Road, University Avenue and Highway 65
to provide for an area that would go a certain number of feet back from the right-of-way
to provide for larger signage for churches in residential zoned districts. He is also
working on legislation for an overlay district for properties along Interstate 694.
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to
approve the findings of fact to support the denial of Variance Request, VAR #04-14, by
St. Philip's Lutheran Church.
UPON A VOICE VOTE, WITH COUNCILMEMBER WOLFE VOTING NAY, MAYOR
LUND DECLARED THE MOTION CARRIED ON A FOUR TO ONE VOTE.
NEW BUSINESS:
11. Receive Bids and Award Contract for Springbrook Creek Restoration
Project No. 358.
Dr. Burns, City Manager, recommended this matter be tabled until the February 14
meeting. The bids were opened today and they were all over budget. Staff needs time
to work with the contractor and the other cities that are involved.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table this
discussion on the Springbrook Creek Restoration Project No. 358.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED ON A UNANIMOUS VOTE.
12. Motion to Receive an Attorney Review of the Time Warner Cable Franchise
Proposal and Direct Staff to Take Action as Warranted.
Mr. Knaak, City Attorney, stated the formal process for the renewal of the cable
franchise was undertaken at the request of Time Warner. The City issued a request for
FRIDLEY CITY COUNCIL_MEETING OF JANUARY 24, 2005 PAGE 8
proposal and Time Warner has responded. This discussion is intended to be an
informational summary of an initial analysis of that proposal to see whether or not it
meets the standards of the criteria for the request for proposal. There is not an
immediate need for action, but the City has four months, beginning November 1, 2004,
to decide whether or not it is going to renew the franchise or whether it will issue a
preliminary assessment that the franchise should not be renewed, in which case
findings of fact would have to be prepared as to the reasons and basis for the City's
decision. If the City issues a preliminary assessment, they would then have to
commence an administrative proceeding to determine whether Time Warner
substantially complied with the material terms of the existing franchise, if the quality of
the service was sufficient or appropriate and met the community's needs, if Time
Warner has the financial and technical ability to provide the services, and if Time
Warner's proposal is reasonable to meet the future cable-related community needs.
Mr. Knaak explained his report to the Council includes a review of those issues and a
comparison with the City's request for proposal. Council will note that Time Warner has
not met the express terms of the City's request on a number of issues.
Councilmember Bolkcom asked if the next step in this process would be for Council to
schedule a conference meeting to discuss this matter.
Mr. Brian Grogen, outside legal counsel for the City, stated ultimately, the question is
simply whether or not the proposal Time Warner submitted is reasonable to meet the
needs identified by the City. If so, we prepare findings of fact moving forward with the
proposal and drafting a contract accordingly. If not, we draft findings of fact to outline
where the deficiencies are in the proposal and issue a preliminary denial. As far as a
timeline, the statute states Council has four months, which would fall on March 31,
2005. If Council takes no action by that point, the statute would imply that the City has
accepted Time Warner's proposal by their inaction.
Mr. Lance Lupold, representing Time Warner, requested a copy of the report submitted
to Council by Mr. Knaak.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to accept
the attorney review of the Time Warner cable proposal and to take action as warranted,
including discussing it with the City Council.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
After some discussion, the Council scheduled a conference meeting on this matter for
7:00 p.m. on February 7, 2005.
3. Resolution Authorizing Changes in Appropriations for the 2005 Budget
Associated with the Creation of the Springbrook Nature Center Special
Revenue Fund.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24. 2005 PAGE 9
Councilmember Barnette asked for clarification on the budget figures submitted,
specifically the $89,700 figure.
Dr. Burns, City Manager, explained that the levy will bring in $275,000, another $58,500
is anticipated in program revenues and there will be a balance of abou� $30,000 set
aside for capital improvements.
Mr. Kirk, Recreation and Natural Resources Director, explained the $89,000 reflects
approximately $20,000 for admission fees. About a month ago, the Parks and
Recreation Commission recommended the fees be discontinued which reduces the
level of revenue. The amount of $89,700 was put in the budget last April at a time when
they did not know whether admission fees were going to continue and whether the fund-
raising efforts were going to have to be part of the budget. After the referendum and
discussion with Council, the Parks and Recreation Commission recommended the
elimination of the fees.
Councilmember Barnette asked if the referendum had failed would the $89,700 figure
be in the budget.
Mr. Pribyl, Finance Director, said the budget would probably be adjusted down because
it was based on pre-election data.
Councilmember Barnette asked what the actual budget figure is for Springbrook for
2005.
Mr. Pribyl stated the amount of $310,282 will be the total budget.
MOTION by Councilmember Barnette, seconded by Council Wolfe, to adopt Resolution
No. 2005-10.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
13. Informal Status Reports.
Mayor Lund stated the State legislators' town hall meeting is scheduled for Saturday,
January 29, at 11:00 a.m.
Mr. Kirk announced that Winter Fest is scheduled for Saturday, January 29, with events
at the Springbrook Nature Center, the Community Center and Commons Park.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 10
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:31 PM.
Respectfully submitted by,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
�
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CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 14, 2005
DATE:
TO:
FROM:
SUBJECT:
INTRODUCTION
February 9, 2005
�William W. Burns, City ManagerJ�(�
Scott J. Hickok, Community Development Director
Karin Tyra Hearing
The purpose of this continued hearing is to allow Council time to complete their review
of the facts surrounding a potential abatement to remove certain landscape
modifications at 1501 Mississippi Street. Staff has proceeded with the abatement
process, whereby abatement (removal of structures and restoration of slope and turf),
will occur and the owner will be required to pay 125% of the cost of the project. In
accordance with Code Section 128, a property owner may appeal to the City Council
after the matter has been heard by a hearing officer. The property owner, Ms. Tyra, has
requested a hearing before the City Council. This hearing was set continued until the
February 14, 2005, City Council meeting.
ELEMENTS
In late July or early August 2004, The Fridley Public Works Staff observed a new
retaining wall and fence on the Public Right of Way, adjacent to 1501 Mississippi Street.
They were very concerned due to the location of the structure. Not only was it on the
Right-of way that is used in the winter for Arthur Street snow storage, but it is also close
enough to the curb that a plow driver could actually be injured if a blade were to strike
the structure.
The Public Works staff discussed the matter internally with the Fridley Community
Development staff, which then called and sent representatives out to meet with the
owner of the house, Karin Tyra. Ms. Tyra believes she was told by City staff she could
install the retaining wall and fence as it is today.
You'll recall, in 1996, the City of Fridley deemed unpaved driveways a public nuisance,
due to the gravel impact to storm sewers, and a number of other detrimental impacts.
The City, through various staff discussed Ms. Tyra's lack of a driveway and the impact
of her gravel on the storm system. Staff also indicated that Ms. Tyra would need to
discontinue parking vehicles in the back yard. She had indicated at that time that she
was looking at fencing in her back yard. Staff acknowledged that that would be an
improvement. Her back yard would be the operative phrase here (not the public right-of-
way).
Fences and retaining walls (below 4' in height) do not need a building permit. Ms. Tyra,
and others installed the retaining wall and fence with out review of the City and without
authorization to encroach on the public right-of-way.
It is imperative that the City has it's rights-of-way for snow storage, to avoid damage to
cars that may find themselves on the right-of-way in an accident and to keep our
employees safe while plowing snow.
On November 3, 2004, Hearing Officer James D. Gurovitch of Brooklyn Park heard the
facts of this case. Later that month, Mr. Gurovitch's ruling was handed down. He
supported the City's position in his ruling.
RECOMMENDATION:
Staff recommends the Council continue the hearing and require that all structural items
be removed, and a suitable slope and groundcover be established by the homeowner
no later than June 1, 2005. If the work is not completed by that date, staff recommends
that Council authorize abatement of the nuisance in accordance with Chapter 128.
M-05-10
��
�
�
CffY OF
FRIDLEY
Date
To:
From
AGENDA ITEM
CITY COUNCIL MEETING OF
FEBRUARY 14, 2005
February 9, 2005 �
William Burns, City Manager ;.��
J1
Jon Hau aas, Public Works Director
Scott Hickok, Conununity Development Director
Julie Jones, Planning Coordinator
Subject• Springbrook Creek Restoration Project No. 358 M-OS-13 _
Background
Bids were received on January 24, 2005 for the Springbrook Creek Restoration Project No. 358. The
lowest bid was received from G. L. Contracting, Inc. However, even the lowest bid was about $102,000
over the amount of cash funding left in the overall Springbrook Watershed Project budget. Therefore,
upon staff's suggestion, the City Council tabled approval of the bid and contract at the last meeting. The
following has occurred to meet the funding shortage:
1. The Advisory Conunittee reallocated $24,585 in funding planned for other projects to the creek
restoration project, which is considered more beneficial to the wetlands.
2. This included reallocation of $7,940 in remaining Metropolitan Council MEP grant funds from
outlet weir replacement to the creek restoration project, to which our agency contact has given
verbal approval.
3. WSB, the engineering consultant, worked with the low bidder to redesign certain parts of the
project which reduced the contract price by about $39,000.
4. Each of the four cities involved in the project were asked to forward their final cash
conunitments, which totaled $60,503. This money, which was part of each city's original cash
commitment in resolution in 2000, had not been requested since we were not completing all of
the project work it was budgeted for.
5. The Six Cities WMO has agreed to provide an additional $4,150 in funding this year to the
Springbrook Watershed Project if needed.
6. Springbrook Apartments agreed to provide a cash commitment to the project of $2,500 that they
had indicated feasible at the beginning of the project but had not paid.
7. Staff also contacted Northtown Mall to see if they could make any further cash commitments to
the project, but they indicated that they could not make any further cash contributions.
Through these efforts, we have secured enough funding to cover the project costs and construction oversight
by the engineering consultant. Staff has also included a$10,000 contingency in the project budget for
possible changes due to unknown site conditions. All four cities have indicated they will provide the
complete contribution they committed to in 2000, however, the Blaine City Council will not take formal
action on their funding corrnnitment until their next meeting.
Currently, there is $210,505 in cash commitments left in the Springbrook Project budget. With the additional
cash from the various sources, there is $277,658 in funding available to cover the cost of this project.
�
Recommendation
Staff recommends that the City Council award the contract for the Springbrook Stream Restoration Project
No. 358 to G.L. Contracting, Inc. for the amount of $264,635.10 and approve construction services by WSB
Engineering in the amount of $8,040.00 for a total project cost of $272,675.10.
0
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arr aF
FRIDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 14, 2005
February 10, 2005
�i �City Manager����i;
William Burns,
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Preliminary Plat Extension Request, PS #04-04, Park Construction Company
M-05-12
INTRODUCTION
Park Construction Company received preliminary piat approval from the City Council on
August 23, 2004, to replat multiple parcels to create one lot, generally located at 30 -
81St Avenue NE. Since that time, Park Construction has been able to obtain title to
adjoining property located immediately to the south of the parcel that was the subject of
the preliminary plat.
Therefore, in the interest of efficiency, the petitioner is seeking an extension to complete
the preliminary plat (on the south parcel), so that the subject property, and that adjoining
south parcel can be final platted at the same time.
PLANNING STAFF RECOMMNEDATION
City Staff recommends approval of the 6-month extension to August 23, 2005.
5
r
a
CRY OF
FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEIVI
CITY COUNCIL MEETING FEBRUARY 14, 2005
February 11, 2005
William Burns, City Manager
�
,���
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
2005 SCORE Recycling Funding Agreement
Background:
We have received the 2005 Anoka County Residential Recycling Agreement. This agreement allows
us to receive up to $60,721.10 in state SCORE funds from Anoka County to subsidize the cost of our
2005 residential recycling expenses. This represents a funding reduction of $656.82 from the
previous year.
The 2005 SCORE funding allocates a base of $10,000 and $4.45 per household for each municipality.
As household numbers in all Anoka County municipalities fluctuate, so does the "per household"
amount. When populations increase in the county, the "per household" amount decreases. Other
Anoka County municipalities experienced population growth as Fridley's population remained
constant. Therefore, Fridley received a decrease in funding.
Staff has reviewed the 2005 agreement attached and finds no noticeable language changes from
previous agreements.
Recommendation:
Staff recommends that the City Council approve this agreement at the February 14 City Council
meeting for the City Clerk's and Mayor's signatures so that the City will qualify for our first 2005
SCORE payment in July.
M-OS-9
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January 28, 2005
Rachel Harris
Recycling Coordinator
6431 University Ave NE
Fridley MN 55432
Dear Rachel;
C O U N T Y 0 F A N O K A
Integrated Waste Management Department
Government Center
? 100 Third A� enue, Room 340 • Anoka, Minnesota 55303-2265
(763) 323-5730 • Fax (763) 323-5731
E-mail • recycle@co.anoka.mn.us
www.co.anoka.mn.us
The Anoka County Board of Commissioners approved 2005 Municipal Goals, SCORE Funding Allocations and
authorized staff to prepare Residential Recycling Program Agreements on January 25, 2005. The Anoka County
Agreements are based on the following:
• 2005 Municipal Residential Recycling Goal — The abatement goal will remain constant at 175 pounds per
person per year. The goals were based on the 2003 Metropolitan Council estimates that were released in July
2004. Specific goals are listed on the attached chart on the reverse side of this memo.
• 2005 Municipal Funding — Anoka County has received the fall SCORE payment of $355,472 and is expecting
to receive a spring SCORE payment of $355,471. The proposed 2005 municipal funding includes the
additional payment. The 2005 SCORE allocation is a base of $10,000 and $4.45 per household and is indicated
in the attached chart.
2005 Contracts — The 2005 residential recycling contracts are included in this mailing. Please note the new
language in Section 7 regarding the SCORE funding. If we do not receive the 2°d SCORE allocation, the
total SCORE allocation will be reduced.
Section 7. Notwithstanding any provision to the contrary, the County reser-ves the right to reduce
the funding provided hereunder in the event insufficient SCORE funds are available. If the spring
SCORE payment of $355,471 is not received or is reduced, the County may reduce the project
maximum amount payable to the Municipality. The County will promptly notify the Municipality
in the event that the project maximum will be reduced.
Please have the mayor/town board chair and clerk/administrator sign three copies of the agreement and
return to Anoka County to complete the signature process. When the agreements are completely signed, an
original copy will be mailed back to you. Thank you!
Sincerely, �-
�
Carolyn Smith
Solid Waste Abatement Specialist
Affirmative Action / Equal Opportunity Employer
Printed on 50% recycled paper of which 30% is post-consumer
Anoka County Contract # 2005-0017
AGREEMENT FOR RESIDENTIAL I'cECYCLING PROGRAM
THIS AGREEMENT made and entered into on the 25th day of January, 2005,
notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA,
State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF FRIDLEY,
hereinafter referred to as the "MUNICIPALITY".
WITNESSETH:
WHEREAS, Anoka County has received $355,472 in funding from the Solid Waste
Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557
(hereinafter "SCORE funds"); and
WHEREAS, Anoka County anticipates receiving an additional $355,471 in SCORE
funds in the spring of 2005; and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals
established by the Anoka County Board of Commissioners by providing said SCORE funds to
cities and townships in the County for solid waste recycling programs.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
in this Agreement, the parties mutually agree to the following terms and conditions:
PURPOSE. The purpose of this Agreement is to provide for cooperation between the
County and the Municipality to implement solid waste recycling programs in the
Municipality.
2. TERM. The term of this Agreement is from January 1, 2005 through December 31,
2005, unless earlier terminated as provided herein.
3. DEFINITIONS.
a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03,
subdivision 24a.
b. "Multi-unit households" means households within apartment complexes,
condominiums, townhomes, mobile homes and senior housing complexes.
c. "Opportunity to recycle" means providing recycling and curbside pickup or
collection centers for recyclable materials as required by Minn. Stat. § 115A.552.
d. "Recycling" means the process of collecting and preparing recyclable materials
and reusing the materials in their original form or using them in manufacturing
processes that do not cause the destruction of recyclable materials in a manner
that precludes further use.
e. "Recyclable materials" means materials that are separated from mixed municipal
solid waste for the purpose of recycling, including paper, glass, plastics, metals,
fluorescent lamps, maior appliances and vehicle batteries.
C'
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f. Refuse derived fuei or ct?:er material that is destroyed �y incineration is r.�t a
rPcvclable material.
g. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03,
subdivision 38.
4. PROGRAM. The Municipality shall develop and implement a residential solid waste
recycling program adequate to meet the Municipality's annual recycling goal of 2405 tons
of recyclable materials as established by the County. The Municipality shall ensure that
the recyclable materials collected are delivered to processors or end markets for
recycling.
a. The Municipal recycling program shall include the following components:
i. Each household (including multi-unit households) in the Municipality
shall have the opportunity to recycle at least four broad types of materials,
such as paper, glass, plastic, metal and textiles.
ii. The recycling program shall be operated in compliance with all applicable
federal, state, and local laws, ordinances, rules and regulations.
iii. The Municipality shall implement a public information program that
contains at least the following components:
(1) One promotion is to be mailed to each household focused
exclusively on the Municipality's recycling program;
(2) One promotion advertising recycling opportunities available for
residents is to be included in the Municipality's newsletter or local
newspaper; and
(3) Two community presentations are to be given on recycling.
The public information components listed above must promote the
focused recyclable material of the year as specified by the County. The
County will provide the Municipality with background material on the
focused recyclable material of the year.
iv. The Municipality, on an ongoing basis, shall identify new residents and
provide detailed information on the recycling opportunities available to
these new residents.
b. If the Municipality's recycling program did not achieve the Municipality's
recycling goals as established by the County for the prior calendar yeaz, the
Municipality shall prepare and submit to the County by March 31, 2003, a plan
acceptable to County that is designed to achieve the recycling goals set forth in
th' A t
is greemen . ---- _ .,-,.�._. , _ _,-�-----�- i
5. REPORTING. The Municipality shall submit the following reports semiannually to the
County no later than July 20, 2005 and January 20, 2006:
a. An accounting of the amount of waste which has been recycled as a result of the
Municipality's activities and the efforts of other community programs, redemption
centers and drop-off centers. For recycling programs, the Municipality shall
certify the number of tons of each recyclable material which has been collected
and the number of tons of each recyclable material which has been marketed. For
recycling programs run by other persons or entities, the Municipality shall also
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provide c�ocumentation on forms provided by the County show:ng tre tons of
materials that were recycled by the Municipality's residents through these other
programs. The Municipality shall keep detailed records documenting the
disposition of all recyclable materials collected pursuant to this agreement. The
Municipality shall also report the number of cubic yards or tons of yard waste
collected for composting or landspreading, together with a description of the
methodology used for calculations. Any other material removed from the waste
stream by the Municipality, i.e. tires and used oil, shall also be reported
separately.
b. Information regardi�g any revenue received from sources other than the County
for the Municipality's recycling programs.
c. Copies of all promotional materials that have been prepared by the Municipality
during the term of this Agreement to promote its recycling programs.
The Municipality agrees to furnish the County with additional reports in form and at
frequencies requested by the County for iinancial evaluation, program management
purposes, and reporting to the State of Minnesota.
6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized
invoices semiannually to the County for abatement activities no later than July 20, 2005
and January 20, 2006. Costs not billed by January 20, 2006 will not be eligible for
funding. The invoices shall be paid in accordance with standard County procedures,
subject to the approval of the Anoka County Board of Commissioners.
7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement
for eligible expenses, less revenues or other reimbursement received, for eligible
activities up to the project maximum as computed below, which shall not exceed
$60,721.10. The project maximum for eligible expenses shall be computed as follows:
a. A base amount of $10,000.00 for recycling activities only; and
b. $4.45 per household for recycling activities only.
Notwithstanding any provision to the contrary, the County reserves the right to reduce the
funding provided hereunder in the event insufiicient SCORE funds are available. If the
spring SCORE payment of $355,471 is not received or is reduced, the County may
reduce the project maximum amount payable to the Municipality. The County will
promptly notify the Municipality in the event that the project m�imum will be reduced.
8. RECORDS. The Municipality sha11 maintain iinancial and other records and accounts in
accordance with requirements of the County and the State of Minnesota. The
Municipality shall maintain strict accountability of all funds and maintain records of all
receipts and disbursements. Such records and accounts shall be maintained in a form
which will perniit the tracing of funds and program income to final expenditure. The
Municipality shall maintain records sufficient to reflect that all funds received under this
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Agreement were expended in accardance with Minn. Stat. § 115A.5�7, subd. 2, for
residential solid waste recycling purg�ses. The Municip?lity shall a1_s� �aintain records
of the quantities of materials recycled. All records and accounts shall be retained as
provided by law, but in no event for a period of less than five years from the last receipt
of payment from the County pursuant to this Agreement.
9. AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or
other persons or agencies authorized by the County, and the State of Minnesota,
including the Legislative Auditor or the State Auditor, access to the records of the
Municipality at reasonable hours, including a11 books, records, documents, and
accounting procedures and practices of the Municipality relevant to the subject matter of
the Agreement, for purposes of audit. In addition, the County shall have access to the
project site(s), if any, at reasonable hours.
10. GENERAL PROVISIONS.
a. In performing the provisions of this Agreement, both parties agree to comply with
all applicable federal, state or local laws, ordinances, rules, regulations or
standards established by any agency or special govemmental unit which are now
or hereafter promulgated insofar as they relate to performance of the provisions of
this Agreement. In addition, the Municipality shall comply with all applicable
requirements of the State of Minnesota for the use of SCORE funds provided to
the Municipality by the County under this Agreement.
b. No person shall illegally, on the grounds of race, creed, color, religion, sex,
marital status, public assistance status, sexual preference, handicap, age or
national origin, be excluded from full employment rights in, participation in, be
denied the beneiits of, or be otherwise subjected to unlawful discrimination under
any program, service or activity hereunder. The Municipality agrees to take
affirmative action so that applicants and employees are treated equally with
respect to the following: employment, upgrading, demotion, transfer, recruitment,
layoff, termination, selection for training, rates of pay, and other forms of
compensation.
c. The Municipality shall be responsible for the performance of all subcontracts and
shall ensure that the subcontractors perform fully the terms of the subcontract.
The Agreement between the Municipality and a subcontractor shall obligate the
subcontractor to comply fully with the terms of this Agreement.
d. The Municipality agrees that the Municipality's employees and subcontractor's
employees who provide services under this agreement and who fall within any job
classification established and published by the Minnesota Department of Labor &
Industry shall be paid, at a minimum, the prevailing wages rates as certified by
said Department.
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e. It is ur�derstood and agreed that the entire Agreement is contained herein and that
this Agreement supersedes all oral and written agreements and negotiations
between the parties relating to the subject matter hereof.
f. Any amendments, alterations, variations, modifications, or waivers of this
Agreement shall be valid only when they have been reduced to writing, duly
signed by the parties.
�. Contracts let and purchases made under this Agreement shall be made by the
Municipality in conformance with all laws, rules, and regulations applicable to the
Municipality.
h. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held to
be contrary to law, such decision shall not affect the remaining portion of this
Agreement.
i. Nothing in this Agreement shall be construed as creating the relationship of co-
partners, joint venturers, or an association between the County and Municipality,
nor shall the Municipality, its employees, agents or representatives be considered
employees, agents, or representatives of the County for any purpose.
11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the
County on all promotional materials, reports and publications relating to the activities
funded under this Agreement, by including the following acknowledgement: "Funded by
the Anoka County Board of Commissioners and State SCORE funds (Select Committee
on Recycling and the Environment).
12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the
Municipality harmless from all claims, demands, and causes of action of any kind or
character, including the cost of defense thereof, resulting from the acts or omissions of its
public officials, officers, agents, employees, and contractors relating to activities
performed by the County under this Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all
claims, demands, and causes of action of any kind or character, including the cost of .
defense thereof, resulting from the acts or omissions of its public officials, officers,
agents, employees, and contractors relating to activities performed by the Municipality
under this Agreement.
The provisions of this subdivision shall survive the ternunation or expiration of the term
of this Agreement.
13. TERMINATION. This Agreement may be terminated by mutual written agreement of
the parties or by either party, with or without cause, by giving not less than seven (7)
days written notice, delivered by mail or in person to the other party, specifying the date
5
12
oT terminatio�. ?f th:s Agree�r�ent is terminated, assets acquired ir� whale or in part with
funds provided under this Agreement shall be the property of the MuniciYality so long as
said assets are used by the Municipality for the purpose of a landfill abatement program
approved by the County.
IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first
written above:
CITY OF FRIDLEY
By:_
Name:
Title:
Date:
By:_
Municipality's Clerk
Date:
Approved as to form and legality:
6
13
COUNTY OF ANOKA
B y:
Margaret Langfeld, Chair
Anoka County Board of Commissioners
Date:
ATTEST:
John "Jay" McLinden
County Administrator
Date:
Approved as to form and legality:
Assistant County Attorney
f
�
CRY dF
FRIDLEY
To:
From:
Date:
Subject
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 14, 2005
William Burns — City Manager � ;�,�
� ��
0
Jon liauka — Director of Public Works
February 9, 2005
Award of the Repair of Well #3 and Well #6
PW05-011
The Public Works Department prepared specifications and advertised for bids for the repair of
City Wells #3 and #6. On January 31, 2005 the City received bid proposals from three well
repair contractors.
Well # 3 Results:
Bergersen-Caswell
Maple Plain, MI`I
E. ti. Renner
Elk River, MI`I
Keys Well
St Paul, MI`I
�46,665
�54,4�-1
�47,666
Well #6 Results:
Bergerson-Caswell
Maple Plain, MI`I
E. Fi. Renner
Elk River, MI`I
Keys Well
St. Paul, MI`I
�24�,ll1
�37,121
�26,942
The FY2005 Water Department capital budget has allocated �60,000 for the repair of Wells
#3 and #6. The bids received are maximum amounts and will only be expended if all parts
of the well need to be replaced. The well repairs are bid based on the unit cost of the parts
that actually are replaced and therefore actual final repair costs are projected to be less than
the budgeted amount
We recommend that the repair of Well #3 be awarded to Bergerson Caswell in the amount of
��+6,665 and that the repair of Well #6 also be awarded to Bergerson Caswell in the amount
of �2�,111.
Attachment
14
To:
FROM:
DATE
, ^ ;
`;I.
�. : � �
� ,'
MEMORANDUM
Jon Haukaas, Director of Public Works
Jim Saeflce, Water Department Supervisor
February 4, 2005
SUBJECT: Bid Opening — Repair of Well #3 & Well #6
The Public Works Department prepared specifications and advertised for bids for the repair of
City Weils #3 and #6. On January 31, 2005 the City received bid proposals from three well
repair contractors. All the proposals met City specifications but only two met the bid bond
requirement.
Well #3 �tesults•
Bergerson Caswell
Maple Plain, MN
E.H. Renner
Elk River, MN
Keys Well
St. Paul, MN
Well #612esults•
$46,665 Bergerson-Caswell
Maple Plain, MN
$54,441
$47,666
E.H. Renner
Elk River, MN
Keys Well
St. Paul, MN
$24,111
$37,121
$26,942
I recommend that the repair of Well #3 be awarded to Bergerson-Caswell in the amount of
$46,665 and that the repair of We11 #6 also be awarded to Bergerson-Caswell in the amount of
$24,111.
15
�
�
CR7 OF
FRIDLEY
�C��
FROM:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 14, 2005
�
William W. gurns, City Manager ��
�
Jon tt. I�a�, Public Works Director
Layne Otteson, Asst Public Works Director
February 9, 2005
PW05�013
SUBJECT: Street Improvement Project I`lo. ST. 2005 - 2, 73rd Avenue Mill and Overlay
The attached resolution approves the final plans and specifications and authorizes the
advertisement of bids for the 73rd Avenue Mill and Overlay Project 1`l0. ST. 2005 � 2.
This is a project that was discussed with the City Council during last year"s budget work
sessions. It is currently budgeted in the 200f heee o'ectPisare mbur able fi-omgour� State Aid
Avenue is an MSAS route, the entire cost o p �
construction account. Our State Aid °I`leeds" allocation will fund this construction without
impacting the amount of money available from our ��Population° allocation, which we use off the
MSAS system for our neighborhood street project
Recommend the City Council adopt the attached resolution to proceed with the project and to
expedite the construction process.
LO/Jtit�l:cz
Attachment
16
RESOLUTION NO. 2005 -
RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS: 73rd AVENUE MILL AND OVERLAY PROJECT NO.
ST. 2005 - 2
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of
Fridley, Anoka County, Minnesota, as follows:
l. That the following improvements proposed are hereby ordered to be
' effected and completed as soon as reasonably possible, to-wit:
_ Street improvements including bituminous milling, hot-mix bituminous
overlay, and other miscellaneous associated repairs to the facilities
located as follows:
73rd Avenue Able Street to Central Avenue (CSAH 35)
That the work involved in said improvements as listed above shall
hereafter be designed as:
73'� AVENUE MILL AND OVERLAY PROJECT NO. ST 2005 - 2
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 City Clerk.
The Director of Public Works 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 two (2) weeks (at least 14 days), and
shall specify the work to be done and will state the bids will be opened
and considered in the Council Chambers of the Fridley 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 (50) of the amount of such bid.
That the advertisement for bids for 73rd Avenue Mill and Overlay Project No.
ST. 2005 - 2 shall be substantially in the standard form.
I- PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14th DAY
OF FEBRLiARY , 2 0 0 5.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
17
�
�
CITY OF
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
FEBRUARY 14, 2005
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Craig A. Ellestad, Accountant
February 3, 2005
MODIFICATIONS TO THE 2004 BUDGET
Attached you will find a resolution amending appropriations to the 2004 budget in accordance
with the City Charter. The adjustments listed have arisen as a result of various donations,
unforeseen expenditures and revenues, and reclassification of account codings. You have
informally approved all adjustments through the Budget Reappropriation form. We request that
the Council approve the amendment of the attached budgets.
�
l�
0
RESOLUTION NO. 2005-
A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2004 BUDGET
FOR NOVEMBER THRU DECEMBER, 2004
WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and
modifications that will allow for a better delivery of service, and
WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted
budget for 2004.
?�iOW, THEREFORE, BE IT RESOLVED that the following funds ���ill be amended as follo«�s:
GENERAL FUND
REVENUE ADJUSTMENTS
Police-Insurance Reimbursement
Police-Donation
Police-Reimbursement
Fire-Donation
Fire-Donation
Muni Center-Insurance Reimbursement
Recreation-Donation
APPROPRIATION ADJUSTMENTS
Police-Other Services & Charges
Police-Supplies
Police-Personal Services
Fire-Small Tools & Minor Equipment
Fire-Small Tools & Minor Equipment
Muni Center-Other Services & Charges
Recreation-Other Services & Charges
467
1, 000
4, 500
1,695
4,988
1,400
2,500
16,550
467
1,000
4,500
1,695
4,988
1,400
2,500
16,550
Squad Car
Wal-Mart
Drug Task Force
Heart Safe Community
Heart Safe Community
Main Ramp Entrance
Fridley Legion
Repair Squad Car
Block Captain Supplies
Drug Task Force Wages
Two AED's for Fire Dept
Five AED's for Schools
Main Ramp Entrance Repair
Fridley Senior Program
CAPITAL IMPROVEMENT FUND
STREETS CAPITAL IMPROVEMENT
REVENUE ADJUSTMENTS
Streets-Muni State Aid
Fund Balance
APPROPRIATION ADJUSTMENTS
Streets-Other Financing Uses
Streets-Other Financing Uses
330, 000
68,614
330,000
68,614
Marion Hills
Use of Fund Balance
Marion Hills
Alley Paving Project
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY
OF FEBRUARY, 2005.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
19
SCOTT J. LUND - MAYOR
�
�
CfTY OF
FRIDLEY
Name
Matthew
Noren
Tammy
Christiansen
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 14, 2005
Position
Patrol Officer
Non-exempt
Acc'Yg/Data
Proc'g Clerk/
Cashier
Non-exempt
A�pointments
Starting
SalaN
$17.95
per hour
(2005 contract)
$16.43
per hour
20
Starting
Date
Feb. 16,
2005
Feb. 23,
2005
Replaces
Thomas
Swanson
Sue Anne
Kirkham
0
� AGENDA ITEM
COUNCIL MEETING OF FEBRUARY 14, 2005
CffY OF
FRIDLEY
CLAIMS
120227-120554
21
�
�
C.ITY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 14, 2005
Tvpe of License
TEMPORARY FOOD SALES
Fridley Historical Society
611 Mississippi St. NE
Fridley, MN 55432
LAWFUL GAMBLING PERMIT
Totino-Grace Parents Org.
1350 Gardena Av
Fridley, MN 55432
Woodcrest Elementary PTA
880 Osborne Rd. NE
Fridley, MN 55432
AUCTION LICENSE
Totino-Grace High School
1350 Gardena Av. NE
Fridley, MN 55432
LICENSES
�
Sue Meyers
Julie Michels
Jodi Lichtsinn
Greg Balego
Approved Bv
Comm. Dev. Director
Public Safety Dir.
City Clerk
Public Safety Dir.
City Clerk
Public Safety Dir
Public Safety Dir.
TEMPORARY INTOXICATING LIQUOR
Totino-Grace High School Brother Milton Barker Public Safety Dir.
1350 Gardena Av. NE
Fridley, MN 55432
(April 30 & November 19, 2005)
MASSEUR / MASSEUSE CERTIFICATE
Stephen J. Walker
14941 Butternut
Andover, MN 55304
22
Public Safety Dir.
v
� AGENDA ITEM
�
CITY COUNCIL MEETING OF
emr oF February 14, 2005
FRIDLEY
Contractor T e A licant A roved B
Arrow Electrical Contractors Electrical Floyd Dehate State of MN
As en Air, Inc. Electrical Marcel Rivard State of MN
Ber man Electric Co Electrical Jeff Ber mann State of MN
Carpenter's Contractin Inc The Commercial/Residential Dean Baile State of MN
Castle Construction Services Roofin Dave Eriksen Ron Julkowski, BO
Draftsmen Home Contractor/Residential Dan Bydlon State of MN
Im rovements, Inc.
Custom Refri eration, Inc. Heating David C. Huss Ron Julkowski, BO
Enviro Electric Inc. Electrical Geor e A le Bon State of MN
Excel Electric LLC Electrical Devern Matson State of MN
Gorham Oien Mechanical Heating Jon Gorham Ron Julkowski, BO
Harrison Electric Inc Electrical Anthon En er State of MN
Hendel Plumbin Plumbing Philip W. Hendel State of MN
CF Ha lin & Sons, Inc. Commercial Tom Goerin Ron Julkowski, BO
Ke ler, Harlen D Commercial Harlen Kegler Ron Julkowski, BO i
Landwehr Construction Inc Excavatin Bill Nelson Ron Julkowski, BO
Lazer Electric, Inc. Electrical Charles Schwieters State of MN
Mar ue Plumbin Inc. Plumbin Ed Bigaouette State of MN
Premier Electrical Co Electrical Colin Olson State of MN
Practical Systems Gas Jeff Kline Ron Julkowski, BO
Rike-Lee Electric Inc Electrical Te Wild State of MN
JM Robinson Electric, Inc. Electrical Jeff Robinson State of MN
Ro ers Electric Inc Electrical Harlen Stadel State of MN
Sherwood Electric Electrical Greg Broberg State of MN
TL Jacobson Enterprises Inc dba Sign Erector Tim Jacobson Ron Julkowski, BO
Si n-A-Rama
Sullivan Construction Com an Contractor/Resi/Roofin John Sullivan State of MN
THD at Home Services Inc Residential Cont. Bo d Li ham State of MN
Tower Systems, Inc. Contractor/Commercial Cynthia Bogart Ron Julkowski, BO
Vadnais Paul Plumbin Plumbin Paul Vadnais State of MN
Vetsch Plumbing Services Inc Plumbing Bill Vetsch State of MN
Vo el Sheetmetal, Inc. Heatin Bonnie Vo el Ron Julkowski, BO
Wire-Rite Electric Co Electrical Perry Colstrom State of MN
23
�
�
arr aF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
February 14, 2005
t;
William W. Burns, City Manager ��
�
Don Abbott, Police Chief
Brian Weierke, Police Captain
January 25, 2005
First Reading of an Ordinance Amending Chapters 602, 603, and 606 of the Fridley City
Code Pertaining to Licensed Establishments.
In February of 2004, Council listened to a proposal from Public Safety Director, Dave Sallman that
would have regulated "Ultimate Wrestling." It defined conditions under which these events could
occur. These conditions included the proscription of both the serving and consumption of alcoholic
beverages. After hearing objections to the proposal from an "ultimate wrestling" promoter as well as
the Manager of the Minnesota Sports Cafe, the first reading of tl�e legislation was tabled in order to
give staff time to work out differences with the persons who had testified.
After the tabling of the first reading other issues, including the retirement of Dave Sallman as Public
Safety Director, absorbed the attention of Police Department leadership during much of 2004. In
November, however, a 25-year-old male was badly beaten and suffered life-threatening injuries at the
hands of three other males. Since the beating occurred after an "ultimate wrestling" event and since it
appeared that all of those involved were under the influence of alcohol, the Police Deparhnent
developed a renewed interest in moving forward with regulation of these events.
Although the original legislation sought to regulate the conduct of these events, the latest proposal
would eliminate events of this type from establishments that hold on sale liquor licenses. While
removing fighting contests from bars and restaurants does not eliminate these events in Fridley, it
purports to separate them from the serving and consumption of alcohol. It also keeps the City from
getting into the technicalities of regulating a professional sport and limits City liability that might be
associated with the regulation of these sports.
The Police Department has some serious public safety concerns regarding these events and the
potential for more problems. Experience tells us that when you mix a violent sport and alcohol, poor
choices are made. Alcohol removes the inhibition people have and contributes to people wanting to
emulate the fighters.
The City Council received and discussed this issue at their conference meeting on January 24, 2005.
Staff recommends approval.
24
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 602, 603 AND 606 OF THE FRIDLEY CITY CODE
PERTAINING TO LICENSED ESTABLISHMENTS SERVING BEER OR INTOXICATING
LIQUORS, PROHIBITING CERTAIN CONDUCT THEREIN
The City Council of the City of Fridley does hereby ordain that Chapter 602, 603, and 606 of the
Fridley City Code be hereby amended as follows:
CHAPTER 602. BEER LICENSING
602.08. CONDITIONS OF LICENSE
11. Certain Exhibitions and Conduct Prohibited
No licensee shall permit in anv licensed establishment or anv adjoininQ propertv owned or leased
b�the licensee anv boxme wrestlin� or anv other form of entertainment whose primarv
�urpose is ohvsical contact bv strikin� ar touching an opponent with hands head feet or bodv
Team sports m which phvsical contact is incidental to the primarv nurpose of the eame such as
basketball, vollevball soccer football baseball and softball are not included amon� activities
prohib�ted bv this section.
CHAPTER 603. INTOXICATING LIQUOR
603.10. CONDITIONS OF LICENSE.
22. No licensee shall nermit in anv licensed establishment or anv adjoinin� property owned or leased
by the licensee, anv boxin� wrestlin� or anv other form of entertainment whose primarv
purpose is phvsica] contact bv striking or touchine an opponent with hands head feet or bod�
Team sports m which phvsical contact is incidental to the primarv purpose of the eame such as
basketball, vollevball soccer football baseball and softball are not included amone activities
proh�brted by this section �
CHAPTER 606. 1NTOXICATING LIQUOR ON-SALE CLUBS
606.10. CONDITIONS.
10. No licensee shall permit in anv licensed establishment or anv adioining propertv owned or leased
by the licensee, anv boxin� wrestline or anv other form of entertainment whose primarv
purpose is physical contact bv strikine or touchin� an opponent with hands head, feet, or bodv
Team sports in which uhvsical contact is incidental to the vrimar purpose of the game such as
basketball, vollevball soccer football baseball and softball are not included amonQ activities
prohibrted bv this section.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF 2005. —
Attest:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
25
Scott J. Lund, Mayor
RESOLUTION
RESOLUTION OF THE CITY OF FRIDLEY FINDING THE PROPOSAL OF
TIME WARNER TO PROVIDE CABLE COMMUNICATIONS SERVICES WITHIN
THE CITY TO INADEQUATELY MEET THE CABLE COMMUNICATIONS NEEDS
OF THE CITY AND MAKING A PRELIMINARY ASSESSMENT DENYING THE
RENEWAL OF THE FRANCHISE OF TIME WARNER
.
WHEREAS, for a period of over 15 years, Time Warner or its predecessors held a franchise
within the City of Fridley for the provision of cable communications services; and _
WHEREAS, at the expiration of the aforesaid franchise, Time Warner and the City attempted to
engage in informal negotiations for the renewal of such a franchise within the City; and
WHEREAS, the negotiations did not result in an agreement between Time Warner and the City;
and
WHEREAS, Time Warner demanded the commencement of Formal Renewal proceeding
pursuant to Federal law; and
WHEREAS, under the provisions of applicable law, the City was obligated to conduct a
thorough assessment of the cable communication needs of the City; and
WHEREAS, the City conducted an extensive study of the cable communications needs of the
City and its residents; and
WHEREAS, the City of Fridley, ha�ing done a needs assessment of the cable communications
needs of the City, issued a Request for Proposal for the Provision of Cable Communications
Services within the City as required by Federal law; and
WHEREAS, Time Warner made a Proposal for the provision of cable services in the City of
Fridley; and
WHEREAS, the City through its Council, staff and consultants has thoroughly reviewed the
proposal of Time Warner; and
WHEREAS, under Federal Law, the City must either accept the proposal of Time Warner as _
made or issue a preliminary assessment that the franchise should not be renewed; and
WHEREAS, the City has determined that there are numerous areas in which the proposal of
Time Warner does not meet the stated needs of the City as articulated in the Request for Proposal
and would not, therefore, meet the cable communications needs of the City, if accepted; and
WHEREAS, the City has determined and made express Findings of Fact, which are attached to
this Resolution, and incorporated by reference, dealing with some, but not necessarily all of the
inadequacies contained in the Time Warner proposal.
26
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City has, with this action, made the
preliminary determination that Time Warner's franchise not be renewed in the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF FEBRUARY, 2005.
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
�
27
SCOTT J. LUND — MAYOR
FINDINGS OF FACT
Time Warner's proposed language related to gross revenues seeks to change the current
status of defining "gross revenues" in a manner likely to reduce revenues to the City by
modifying the manner in which bad debt can be written off, as well as by modification of
the manner in which revenues are defined so as to exclude cable-related services that may
expand in the future. The proposed language also fails to protect the City from any
revenue losses as may be generated by product bundling with services not currently
provided for under the Franchise.
2. Time Warner proposes to change current performance bond and security fund lang�age in
the franchise, as well as to limit its access costs under the City's Right of Way ordinance.
The proposed security language would create an unfair additional financial risk to the
City. The right-of-way provisions would impose unfair costs to the taxpayers, including
those not customers of Time Warner, subsidizing the franchisees operations in the City
3. Time Warner's proposal refuses to agree with the requirement that the franchisee supply
the City with maps of its facilities within the City, which is of great importance to assure
the City, Time Warner and the public that there would be no disruption of service or
costly repairs necessitated by the destruction of those facilities or equipment when work
was occurring within the public right of way.
4. Time Warner's proposal does not provide for the long-term construction, upgrade or even
maintenance of an adequate, much less state-of-the-art I-Net system, which has been and
continues to be a critical component of educational communications within the City and
would be so for the City's own facilities.
5. Time Warner's proposal inadequately addresses the stated need for PEG access and
support within the City. Time Warner's proposal offers an equipment grant that is nearly
one quarter million dollars below the determined need of the City. Time Warner's
proposal eliminates entirely its current obligations regarding the provision of Public
Access.
6. Time Warner's proposal is for a ten-year franchise with a five-year, automatic renewal if
the system is "up to date." The transitional nature of technology in this area makes
anything beyond the City's proposed ten-year limit inadequate and against the City's
interest.
7. Time Warner proposes to eliminate the current emergency system override that public
safety officials in the City have stated is a necessary public safety tool.
8. Time Warner's proposal would require the City to abandon its current role as the
protector of consumers within the City. Time Warner contends that it should only have
to follow FCC standards, but those standards expressly continue to authorize the role of
City's as the guardians of their citizens' interests as consumers.
:
9. Time Warner's proposal would radically change the current Local Origination and Public
Access practices by shifting the entire cost, staffing, and a most of the equipment
component, to the City.
10. Time Warner proposes taking one of the current four access channels from the City,
which the City has determined could be used by public entities
29
�
� AGENDA ITEM
�rQF CITY COUNCIL MEETING OF FEBRUARY 14, 2005
FRIDLEY
INFORMAL STATUS REPORTS
30