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01/13/1986 - 5143OFFICIAL QTY �IINQL AGIIJL�, O�7NCIL I�EETIl� JANCTARY 13 , 1986 ' � , � _ , � �___J FRIDLEY CI TY COUNCIL Y 13, 1986 - 7:30 P.M. � �� Follcaing are the "ACTIONS TAKEN" by the Administration for your infornation. ------------------------------------------------------------------ APPRC VAL OF MINUTES: �ouncil Meeting, January 6, 1986 Hinutes approved as presented ADOPTION OF AGENDA: �dopted as presented OPEN 'ORUM, VISITORS: ;Consideration of Items not on Agenda - 15 Minutes) do response OLD B 1SINESS: Consi�leration of Second Reading of an Ordin�.nce Recodifying the Fridley City Code Chapt��r 405, Entitled "Cable Communications Franc:�ise" by Amending Section 405.13 (2) by Adding Parag. aphs G Through N Regarding Franchise Renewal . �nd Consi�leration of Acceptance Agreement. . . . . . . . . . �irdinance No. 850 adopted and agreement approved CITY 1 LA�IAGER--ACTION TAREN: Publ ished Ordi nance in Fridl�ry Focus PUBLI�: WORRS--ACTION TAREN Agreement has been executed and f��rwarded to appropriate parties . . 1 - 1 N � Council Meeting, January 13, 1986 Page 2 ` LD LSINESS (Continuedl: Consiceration of Appointments to City Commi:sions for Terms 8xpiring April 1, 1986 (Tabl E d January 6 , 1986 ) . . . . . . . . . . . . . . . . . . 2 - 2 D 7 abl ed f or sever al meeti ngs CITY ! ANAGER--ACTION TAREN: Will bring appl ications f rom prosp£ctive appointees to February 24, 1986 meeting ; Consiceration of Setting a Public Hearing Date for Rezoning Requests, ZOA #85-03, 1282 Mississippi Street, N.E., by Margaret Brickner and ZOA �85-04 Generally Located Between 81st Avenue and 83rd 83rd Avenue, and Also Between Main Street and University Avenue, by Vantage Properties, Inc. ....... 3 Plannin4 Commission Recommendations: Approval wi th S ti pul ati ons uncil Action Needed: Set Public Hearings f or Fe br ua ry 3, 1986 . F�earing set for February 3, 1986. UBLIC WORKS--ACTION TAREN: Made atrangements foc public hearing. Notified appropriate parties Consideration of a Resolution Imposing Load Limits on Public Streets and Highways. . . . . . . . . . . . 4 - 4 B Fesolution No;. 6-1986 adopted pUBLIC WORRS--ACTION TAREN: Proceeded imposing load 1 imits � Council Meeting, January 13, 1986 NEW PUSINESS (Continued) Pa ge 3 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3pproved CENTg�L SERVICE--ACTION TAREN: Paid claims . Licen aes . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 A 3pproved E TR�L SERVICE--ACTION TAREN: Issued licenses A U�l : 9: 44 p. m. � — �� , ■� i___._ . � � : :► FRIDLEY CI TY COUNCIL JANUARY 13. 1986 - 7:3H P.M. , ,...� . � u ► _ . (OUNCIL MEETING, JANUARY 6, 1986 = � �� = ►�= � �C (:ONSIDERATION OF ITEMS N�T ON AGENDA - 15 MINUTES) � . ► CONSID:RATION OF SECOND READING OF AN ORDINA�ICE RECODIFYfNG THE FRIDLEY CITY CODE CHAPTEi; 405. ENTITLED "CABLE COMMUNICATIONS FRANCH SE�� BY AMENDING SECTION 405.�3 i�) BY ADDING PARAGR�PNS G IHROUGH N KEGARDING FRANCHISE RENEWAL At D CONSIDERATION OF ACCEPTANCE AGREEMENT. . . . . . . . . . . . 1 - 1 N COUNCIL MEETING. �ANUARY 13. 1986 � : ► •� ► � PAGE 2 CONSIi�ERA.TiON OF APPOINTMENTS TO CITY COMMI�SIONS FOR TERMS EXPIRING APRIL 1, 1986 (TABLI.D �ANUARY 6, 1986) . . . . . . . . . . . . . . . . . . 2 - 2 D C0��51[ERATION OF SETTING A PUBLIC HEARING UATE FOR REZONiNG RE�UESTS, ZUA #85-03, 12$2 MISSISSIPPI STREEI, N.E.. BY MARGARET BR{CKNER ANO ZOA #85-04 GENERCLLY LOCATED BETWEEN 81ST AVENUE ANp 83RD 83RD �VENUE. AND AL50 BETWEEN MAIN STREET AND UPJIVEFSITY AVEhuE. BY VAtvTAGE PROPERTIES. INC. ....... 3 P1,B,�1�i1 NG COMM I S� I ON RECQMMENOAT l ONS ; APPROVAL WITH �TIPULATIONS COUNCI_ ACTION NEEDED: SET PUBLIC HEARINGS Fo� FE3RUARY 3, 1986. CONSID:RATION OF A RESOLUTION 1MPOSING LOAD ' LIMITS ON PUBLIC STREETS AND HIGHWAYS. . . . . . . . . . . . 4 - 4 B COUNCIL MEETING. JANUARY 13. 1986 1 : ► • ► � PAGE 3 " C�aiM� . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 r. L t CErvs =S . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 A :� � ; THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JANUAP,Y 6, 1986 �� 7 EIE MINff!'E5 OF THE RDC�JIAR MEETING OF Tf� FRIDIEY CITY �iINCIL OF JAIVIIARY 6, 3 � 86 : Z ie Regular Meeting of the Fridley City Council was ca].led to order at 7:42 F ,m. by Mayor Nee. F �'.DGE OF ALL�GIANCE: . M iyor Nee led the Co�cil and audienoe in the Pledge of Allegiance to the F .ag. R >LL CW�• IrEIrBIIZS PRESFNT: Mayor Nee, Cotmcilman Barr�ette, Gouncilman Schneider, Co�mcilman Fitzpatrick, and Co�cilman Goodspeed T+�NBF�S ABSII�IT: None P: �OCIAMATION • UNITED Q�NSTI'IUTION IIAY, SEPrENBER 17 , 1987 : M� yor Nee stated he issued a proclanation cvnsistem with the request of the FE deral Gaverranent to establ ish September 17 , 1987 as United Constituti on D� y in the City of Fridley in observance of the 200th anniversary of the si �ing of the United States c�onstitution. Ai PR(JVAL OF MINtTTES • QXINCIL lrEETIlVG, DE�NBII2 16 , 1985 : MC TION by Councilman Schneider to approve the minutes as presented. Se �nded by Co�mcilman Goodspeed. Ugon a voioe vote, all voting aye, Mayor Ne e declared the motion carried unani.mously. P,� �IINISTRATION OF QATH OF OFFICE � EI,IX.TID OFFICIAL: Mr, Herrick, Gity Attorrey, ac�ninistered the oath of office to re-elected Co mcilman, Dennis Schneider, Ward II. Co mcilman Schneicier stated he wanted to thank the menbers of the public who sh �aed their faith in voting for him again and for their support in this el �ctian. He stated he was happy to find there was such a strong level of acceptance an� t happiness in the City. He stated, during his camgaign, he heard very fe+ � serious o�mglaints. Cotuicilman Schneider stated he felt Fridley, as a co:Ununity, has made substantial progress over the last ten years. He oa �plimented the City Manager and staff who work together as a uiit for the be� �ef it af the a�nminity. -1- CAUNCIL MEErZNG OF JANCIARY 6, 1986 ADOPTION OF AGEDIDi�• The following items were added to the agenda: (1) Consideration of a Resolution to approve the merger of Storer Communications, Inc. into a subsidiary of SCI Holdings, Inc. and (2) Consideration of first reading of an Ordir�nce amending Chapter 405 entitled, C�ble Television, establishing certain requiraner�ts upon any franchise renewal and describirig customer serviae requiranents. NDTION by Councilman Fitzpatrick to adopt the agenda with the above two ac3ditions. Seo�nded by Co�cilman Goodspeed. Up�n a voioe vote, all voting aye, Mayor Nee declared the mation rarried unanimovsly. OPEN FORUM, VISITORS: �ere was no response fram the audienoe inder this ite�n of business. PUBLIC HEARINGS• 1. PUBLIC HEARING ON TI� MATI'ER OF VACATION RE4UEST SAV #85-06 . T0 VACATE THE UNUSID JOHNSON STI2EET DIDICATION LYING I�RTH OF SKYWOOD IANE AI�ID 90UTH QF I- 4 9 4, BY JOHN POLI,� • NDTION by Coi.uzcilman Goodspeed to waive the reading of the public hearing notive and open the public hearing. Sevonded by Cotazcilman Schneider. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:46 p.m. Mr. Flora, Riblic Works Director, stated this request was for vacation of Johnson Street which lies to the r�orth of Skywood Lar�e and south of I-6 94 . He stated, in 1970, the City vacated the southerly half of Johnson Street south af Skywood Lane and, in 1976 , the Ci ty vacated the remai ni ng po r ti on of Jahnson Street between Skywood Lane and 53rd Avenue, retaining a 20 foot utility easement along the e3stern partion. Mr. Flora stated the Planning Conmission has recommended approval of this vacation with the stipulation that a ten foot utility easement be retained on the easterly portion of the property. He stated the City has a water lire ruu�ing from the high level reservoir to the north side of I-694, cutting c�iagonally across Johnson Street between Skywood Lane and I-694,- therefore, it is rewmmended the City retain a utility easement for the entire portion, if this vacation is appraved. Councilman Goodspeed questioned where the property was taken for this street. Mr. Flora stated the p�operty for the street came frcm 1385 Skywood Lane so if it is vacated, it reverts back to this property. Mr. Herrick, C�ty Attorney, asked why this vacation was requested. Mr. Flora stated Mr. F�llard feels the property has been in mis-use and he has been maintaining it, but wishes to do so as his own. He stated the -2- )UNCIL I�E,TING OF �IJt1ARY 6. 1986 F atitioner had no plans for any building. M�. Herrick asked if the retention of the util ity easement would be c�nsistent with Mr. Pbllard's plans for the property to which Mr. Flora a �aered in the affiimative. M�. �gebretson, 5376 Matterhorn Drive, stated his property is adjacent to M�. Pt�llard's property and he has no objection to the vacation. He stated h.s oonoern, haaever, is he is in the �ooess of some construction on his p�operty and, if this vacation is appraved, he wanted to be sure he could s.ill reoeive aooess to finish his project. He also felt he and Mrs. Nieni, t�e ather property aaner involved, should have an easement for access to ti �eir property with the proposal for vacation. G��cilman Goodspeed stated he, Mr. �bllard and Mr. Engebretson have been d scussing this matter. He stated he knows Mr. Pollard has no problem w �atsoever in letting Mr. F�gebretson get trucks in and out to finish his a �nstructian project. M. Qureshi, City Manager, stated the City has three choioes which would be t� � delay the actual processing of the vacation until Mr. Engebretson's a�nstruction is oompleted; to vacate only one-half of the easement; or there tx a mutual agre�►ent between the two parties that, if all the property is v, �cated, the adjaoent property awner retains the right to use it in the f� �ture. M. Follard stated he has no objection whatsoever to Mr. Engebretson f. nishing his project, but warits to know what is going on. He also ooulcfi't �a derstand why Mr. �gebretson and Mrs. Nieni wanted an easement. He stated h� � does have a o�noern what this property will look like in the spring with a 1 the truck traffic over it. He felt it wasn't necessary for the a nstruction crew to drive their private vehicles over this easement and w� �uld 1 ike the traf f ic kept to a minim�n. M� s. Arlie Nieni, 5368 I�tterhorn Drive, stated her only concern is if she r� eded to use this Faroel, in order to have repai rs done on her property, s1 e onuld legally have acxess to it. Cc �mcilman Barnette asked if the easement had never been there, haw would tt ey reoeive aocess. Mrs. Nieni stated they would have to renwe fencing in o� der to servioe her property. M� . Herrick, CYty Attorney, stated if the City doesn't have a street there, t2 e question is whether there is naw arty legal right o� access. He stated, a: he �nderstands, she easement came frcm Mr. Fbllard's property and, if it i: vacated, it reverts back to this property. He felt before the Council m�kes a decision, it should be verified where this easement came from and, �u der the existing circu�nstanoes, if the public has any right of access on tt e property. M� s. Nieni stated, when she bouc�t the property, this wanted to purchase the pE roel proposed for vacation, but was told it belonged to the City and was nc t available. -3- COUNCIL N�EPII�G OF JANCiARY 6. 1986 Mr. Herrick stated when people say "it belongs to the City", that is probably layman's language for the City's right to put a street in there, however, the fee aanership apparently lies with Mr. Fbllard. Mr. P�llard stated he, hopefully, iritends to add on to his hane and the only way he can go is taward the easement. He stated he explained t�his to the Planning Cortmission and they oould see r�o objections whatsoever. Mr. Herrick stated a p�int that should be made clear is if the City is maintaining utility easements, you cannot �nstruct on that property. Mr. Fbllard stated Mr. F�gebretson can reach his property off Matterhorn Drive and can get to the back of his lat on his awn property. Mr. Engebretson stated the reason it isn't practical to come in f rom r'�tterhorn Drive is because c� the trees and bushes which would have to be renaved. NDTION by Councilman Goodspeed to close the public hearing. Seconded by Councilman Fitzg�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried wzanimously and the public hearing closed at 8:26p.m. Cbwzcilman Goodspeed stated he would like verification of the fact that this property Fras taken fram Mr. Fbllard's lot and determire if the City has the ric�t to give an easement wer that property. OLD BUSINFSS: 2. ORDINANCE N0. 848 UI�IDER SECTION 12.07 OF Tf� CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE, RIVERWOOD MANOR, C�iARLES OOOK • � NDTION by Cotmcilman Fitzpatrick to waive the reading of Ordinance No. 848 and adopt it on the second reading and order publication. Seconded by Coimcilman Goodspeed. Up�n a voioe vote, all voting aye, l�yor Nee declared the motion carried iuianimously. 3. ORT3INANCE I�A. 849 REOODIF'YING TI� FRIDLEY CITY OODE, CHAPTER 603, ENTITLED "INTUXICATING LIQUOR" BY ADDING SECTIONS 603.05, (10) AND 603.23. AND RENUN�ERING TF� PRESENr 603.23 TO 603.24. AI�ID FURTHER AMENDING CHAPTER 11. ENrITLID "FEES". Mr. Richard Pribyl, Acting City Clerk, stated this ordinance amendment pravides for pro--rating fees where there is transfer of a license. He stated the ordinance further pravides for the issuance af temporary on-sale intoxicating liq�or licenses to civic organizations which have been in existenoe for not less than three years in the City. Zhe o�dinance further prwides that only two such licenses wi11 be allawed in the same calendar year with the fee to be $120 per request. ��mcilman Barrette stated he received an inquiry where a class reunion -4- 4. C�UNCIL I�.�ING OF JANUARY 6. 1986 ��uld be held at the Skywood Inn and they would 1 ike a bar setup at this 1�tion. He asked if this would qualify t�der the ordinanoe. r c. Herrick, City Attorrey, stated what is iritended is to authorize issuanoe cE temporary on-sale intoxicating liquor licenses for non-profit c:ganizations that have been in the City for at least three �years. He :�ated the ordinance oontains nothing to permit the type of activity C »cilman Barnette questioned. N)TION by Co�cilman Fitzpatrick to waive the reading of Ordinance No. 849 a1d adopt it on the seoond reading and order publication. Seconded by C�uncilman Goodspeed. Up�n a voioe vote, all voting aye, Mayor Nee declared t �e motion carried unanimously. �)NSIDERATION OF A POLICY REGARDING iJNiBRELIA QOVERAGE BEYOI�ID I�DGA.L LIMITS OF L[ABILITY (TABLED 12/16/85): N' :. Bill Hunt af the City staff stated, at the last Council meeting, the q iestian was raised whether unbrella wverage should be purchase for $61,000 c: whether the City should continue to look for other insurance or a'.ternatives. Mr. H�t stated Dr. Whitrnan, the City's insuranoe a�nsultant, a�d Mr. Olsen of T. C. Field and Compariy were present this evening to review t ie status of the City's insuranoe wverage and to answer any questions. D�. Whi tman stated the unbr el l a v�ver age has not been pu r cha se d be ca use i t c>ntains a lot af exclusions and the preniun is substantially higher than ��st year. He stated they are looking at ather markets that might be more r�asonable and pravide other �verage and the possibility of setting up a �-ograQn invalving self-insuranoe. D�. Whitrnan stated questions were raised at the last meeting which focused o i public officials and law enforoe�nent liability voverage. He stated, in t►e law enforoesnent area, ooverage has been placed with Imperial Casualty a id it is very good ooverage and less o�stly than what was available with t�e League c� Minnesota Cities. He stated the public officials wverage is p irchased through the League and is actually an extension of the basic 1.ability ooverage that is available to the City and all enpla�ees, but not i x3epencient a�ntractors such as the City Attorney. C»cilman Schneider asked if ineqnbers of the citizens commissions were o ►vered. D�. Whitman stated it would have to be specified which comunission they are r�ferring because there is a list of exclusion which include anything r lated to housing, welfare, airports, etc. G►�cilman Schneider asked, for example, if the Hisnan Resources Commission m;nbers would be v�vered. Dr. Whitman felt if they were mt in the welfare a�ea, they w�ould be wvered. �uncilman Schneider stated they do have a r lationship with the State Department of Hunan Rights. M�. H�t stated there is a waiver si�ed by persons who take �art in the no- -5- COCTNCIL I�ETING OF JANUARY 6. 1986 fault grievanoe prooedure where they would not sue, but have the right to carry thei r grievance to the State � Minnesota. Dr. Whitrnan stated discrimination is partially oovered, but the o�mpensation part of the discrimination claim probably isn't covered. He stated, however, he a�uld not find in the League's sample ooverages an exclusion which states this is not o�vered. Mr. Cornaay Olsen, T. C. Field and Company, stated they have provided insuranoe to several cities for a number o� years and oanmission menbers, if sworn and appointed, are o�vered in the same manner as an employee or an elected official when they are ogerating on behalf o� the City Go�cil. Colmcilman Barnette asked because of the fact that they are appointed by the Co�cil, if the sN►orn oath was necessary. Mr. Olsen felt the commission manbers should take an oath. It was the concensus of the Council they would not approve an tm►brella ooverage at this time. NE�V BUSINESS• 5. QONSIDERATION OF CITY OOUNCIL APPOINrMENrS TO DIFFERENr AGENCIES: r'DTIUN by Co�mCilman Fitz�trick to apprwe the follaaing appoirnmerns: MAYOR PRU TEM - 1986 REPRESENrATIVE: Cotmcilman Dennis Schneider ANOKA O�UNI'Y IAW EA4'0� O�iJNCIL (1 REPRSENrATIVE & 1 ALTERI�,TE) : Coimcilman Schneider, Represenative Co�cilman Barnette, Alternate SUBURBAN RATE ALTI'HORITY (1 NSEMBER & 1 ALTERI�,TE) : Mr. Edward HaQnernik, Represenative Mr. John Flora, Public Works Director, Alternate NORTEI SUBURBAN S��TER SERVICE �(1 REPRESEI�TIVE & 1 ALTERI�TE) : Co�mcilman Barnette, Represerrt.ative Cbuncilman Srhneider, Alternate A.S�90CIATION OF NIE.'Z'ROPOLITAN MUNICIPALITIES: O��cilman Fitz�atrick, Delegate Co�cilman Goodspeed, Alternate SCHOOL DISI'RICT #14 O�NIlKUNITY 9CHOOL ADVI90RY QOUNCIL: ��mcilman Barnette, R+epresentative -6- C x3NCIL MEETING OF JANUARY 6. 1986 ,� ;HOC)L DISTRICT #13 REPRESENrATIVE: G ��mcilman Fitzpatrick, R2preseritative ,� Ti00L DISTRICT �16 REPRESENrATIVE: Cc imcilman Goodspeed, Represeritative L] AGUE OF MII�TE90TA MUNICIPALITIES: . Cc �cilman Fitzpatrick, Representative Cctmcilman Schneider, Alternate SE oonded by Councilman Barr�ette. Up�n a voioe vote, all voting aye, Mayor NE e c3eclared the motion carried unanimously. Ri CEIVING LIST OF QOMNIISSION MF�ERS WHOSE TERMS EXPIRE APRIL 1, ].98�: MC TION by Councilman Barnette to table these commission appointments. Se oonded by Councilman Schneic3er. Upon a voioe vote, all votinq aye, Mayor NE e declared the motion carried unanimously. RfSOLUTION . 1- 986 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO ,SC BUFtBAN RATE AtTI'HORITY • I�C rION by Councilman Schneider to acbpt Resoluti� No. 1-1986 , designating Ecvard Hanernik as Director and John Flora as Alternate Diretor to the Su x�rban Rate Authority. Sev�nded by Councilman Barnette. Upon a voice vc :e, all voting aye, Nhyor Nee declared the motion carried iu�animously. 6. RE �OLUrION AA. 2-1986 DESIGI�TING TI� OFFICIAL DEPOSIZnRIES FOR THE CITY OF FR LDLEY• ND 'ION by Councilman Schneic3er to acbpt Resolutio�n No. 2-1986 . Seconded by Co incilman Fitzp�atrick. Upon a voice vote, all voting aye, Mayor Nee de lared the motion carried unanimously. 7. RE �LCf�ION N0. 3-1986 DESIQ�TING AN OFFICIAL NEWSPAPER FOR TF� YEAR �985 : ND"ION by Gb�cilman Barnette to acbpt Resolution No. 3-1986. Seconded by Co� mcilman Schneider. �� ncilman Goodspeed was v�ncerned whether the Star and Tribune should be de: ic��ated as an official r�ews�per sinoe the public has made vo�tanents they cb� ,'t look for riotioes o�ncerning Fridley in this paper. Cflincilman Schneider stated, on the ather hand, oo�ments have been made that pec ple cb not read the Focus. Mr, Qureshi, City Manager, stated he felt both Fapers should be designated as the official newspapers because if for some reason the timing rec uirenents cannot be met for one paper, legal notioes could be published -7- COI7NCIL MEETING OF JA�UARY 6. 1986 in the Star and Tribune newspaper, but all notices will be placed in the Fridley Fbcus. UI�IV A VOICE VOTE �1 CN �IE ABOVE l�DTION, ALL VOTED AYE, AND N�,Yt�R NEE LIECLARID Z�iE IrDTDxI C`ARRIED UNANIM�USLY. 8. RESOLUTION t�. 4-1986 DESIC�,TING TIME ADID NUMBER OF C�OUNCIL MEETINGS: NDTIUN by Cotmcilman Fitzpatrick to adopt Resolutior� No. 4-1986: Seconded by Co�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee c3eclared the motion carried unanimously. 9. CONSIDERATION OF RE4UE�ST FOR EXPEDITING IMPROVEMENTS FOR LAKE POINTE OORPORATE CEI�TI'ER • Mr. Flora, Public Works Director, stated Woodbridge Properties is developing the 100 Ztain Drive-in site and have requested the Co�cil to authorize the retention of S�de Engineering to desic� and inspect the site improvements includ.ing streets, utilities, roads and other items to be paid for from the tax increnent bond. Mr. Flora stated the reason for this request is to accelerate the desic� and oonstructial for oompletion in 1986. He stated staff hs no problem with this request as long as streets and utilities are constructed to City standards. He stated inspections would be done by the City to insure qvality and appropriate wnnectians to the City's utility systeqns. Co�cilman Barnette asked if the two property awners north of West Moore Lake Drive have been wntacted regarding the p�ssibility of their properties being nvalved in the road alicy�ment. Mr. Qureshi, City Manager, stated this would be the responsibil ity of the c3eveloper to vontact these aar�ers, and work out an agreenent, if r�ecessary. M�TION by Councilman Goodspeed to approve the request of Woodbridge Properties to authorize the retention of Sunde Engineering to design the site imprwenents. Seoonded by Councilman Schneider. Upon a voice vote, all voting _aye, Mayor Nee declared the motion carried unanimously. 10. CbNSIDERATION OF ADDITION TO MOORE I�1KE PHASE II RESTORATION PRC�JECT: Mr. Flora, Publ ic Works Di rector, stated the DNR requi red the Ci ty to install a well to piunp water into Nbore Lake as a requirement for a permit for the restoration of the lake. He stated, in discussions wih the DNR, they would support the deletion of this well, if the City installed an aerator in the west basin of Moore Lake. Mr. Flora stated the DNR indicated, if this was cbr�e, they would atso oonsider killing the existing rough fish and restocking both the east and west basins with sp�rt fish. Mr. Flora stated the mly prob�len, fran the City's p4int of view, would be the liability because o� the open water. He stated if the Co�cil appraves, staff would �ontinue to work with the LNR for installation of the aerator and restocking of the lake. -8- . _C OUNCIL MEErING OF JANOARY 6, 1986 r JTION by Co�cilman Sc�u�eider to instruct staff to draf t the appropriate i esolutian to prooeed with an aerator on the west side c� Moore Lake and for t he LNR to elimir�te rough fish and restock with game fish. Seconded by (�uncilman Gooclspeed. Upon a voioe vote, all voting aye, Mayor Nee declared t ze motion carried tmanimously. 11. (�NSIDERATION OF MnDOT PROPOSAL FOR I-694 WIDENING• ' r r. Flora, Public Works Director, stated in the envirormental assessment of t 1e I-694 widening project, the Minnesota Department of Transportation i�entified two areas in Fridley that wuld reoeive traffic noise increases ( 5kywood A�rtrnents, S5, and Innsbruck North, Iai) . N=. Flora stated the Departrne.nt � Transportation has determined that noi se 1�vels are not substanially increased to warrant construction of noise � irriers along the highway as the o�sts would be $325,000 for Area N6 and $ 31,000 for Area S5. M�. Flora stated most r�ew hic�way projects cb r�ot have noise barriers. He s:ated it has been found that while these projects reduce noise to the F�operty aar�er imnediatly adjaoerit, they increase the r�oise le�vels to other � -operties. M-. Flora stated the MnDOT is asking Co�cil to oc�ncur with their report and i� they w�uld like a presentation made to the neic�borhood or Cot,mcil. M�yor Nee stated most of the response he reoeived regarding these barriers h �s been regative. � M�. Flora stated MnDUT has offered to have an informational meeting and e:plain why the barriers wouldn't be a�nstructed. C;o�mcilman Schrieider felt i: didn't make sense to have a meeting when the outcome has already been d �termined. N> formal action was taken by the Council, but they did receive the i: �formation fran MnDOT and noted their report on the r�oise barriers. 12. G►NSIDERATION OF LOT SPLIT FZE()ORDING EX'I'ENSION BY SHOREWOOD INN• M: . Flora, Riblic Works Director, stated a request has been received f rom t] e Shorc�aood Inn awners to extend Resolution No. 63-1985, which would e:pire k�ebruary 5, 1986, to May 1, 1986. He stated the reason for the r� quest is the aaners of the Shorewoa3 Inn have an option agreement on the � e� sterly lot whic.h expires April 16 , 1986 and they have not acted on the a� re�►ent at this time. M TION by Coimcilman Sc�neider to apprwe the extension of Resolution No. 6: - 1985 to May 1, 1986. Se�nded by Councilman Barnette. Upon a voice vc te, all voting aye, Mayor Nee declared the motion carried unanimously. 13.. Cc�NSIDERATION OF A JOINT POWERS AGREEMENT TO FORM A COALITION OF Ml TROPOLITAN QOI�IUIJITIES: _� COUNCIL I�ING OF JANIIARY 6. 1986 NDTION by Cotmcilman Schneider to approve the joint powers agreenerit to form a ooalition of inetropolitan communities. Seconded by Councilman Fitzpatrick. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. LICIIVSES• AI�ID 00NSIDERATION OF LICEIVSE E�OR PREMIER CABI� SII2VIGES: NDTION by Co►u�cilman Schneider to apprave the lioenses as submitted and as on file in the Livense Qerk's Office. Seconded by Councilman Barnette. Upon a voi oe vote, all voti ng aye, Ngyor Nee de cl ar ed th e moti on ca r r r i ed unanimously. NDTION by Co�.u�cilman Barnette to approve the licenses for Premier Cable Servioes. Seoonded by Cowlcilman Schneider. Up�n a voioe vote, all voting aye, l�yor Nee declared the motion carried unanimously. 15. (ZAIMS I�TION by Councilman Barnette to authorize payment of Claims No. 5937 through 6196. Se�nded by Cfl�cilman Schneider. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried �u�animously. 16. ESTIMATES• NDT�UN by Co�cilman Schneider to apprave the estimates as sutrnitted: Eugene A. Hickok and Associates, Inc. 545 Indian I�bt,u�d Wayzata, MV 55391 Partial Estimate For Professional Servives Thru Nwenber 30, 1985 Moore Lake Phase II Restoration Project .... .. . $ 413.84 Bonine Excavating, Inc. ].2636 Main Street Rogers, NN 55374 Water & Sewer Project No. 160 Partial Estimate No. 2 . . . . . . . . . . . . . . . 7,375.42 Seoonded by Councilman Barrette. Upon a voioe vote, all voting aye, Mayar Nee c3eclared the motion carried unanimously. 17 . RE9�LLTrION N0. 5-1986 APPROVING TF� MERGER OF STORER COMMUNICATIONS . INC . INPO A SUBSIDIARY OF SCI HOI�INGS. INC.: A1�ID CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 405 ENrITI�D, CABLE TELEVISION. ESTABLISHING CERTAIN REQUIREMENTS UPON ANY FRANCHISE REI�WAL AAID DE9CRIBING CUSI�OMER SERVICE REQUIREMENrS: -10- C XRaCIL I�ING OF JANt1ARY 6. 1986 M�. Gary Matz, representing the Cable Television Commission, stated the C>�mcil has before then three doaanents. He stated the first docaiment is a r�solution to apprwe the transfer o�f the cahle franchise subject to oertain t�rms and oonditions. Mr. I�tz stated the other document is an ordinance a� ienc�nent to the franchise whid�► outlires oertain improvenents to the systen a id sets farth custaner service requirements during the balar�ce of this f-anchise. 7he third doc�unent is an acoeptanoe agreenent and, at this time, t � e cbc�nent i s only inf ormati onal . M�. Matz stated the proposed two amencfients reoeived were suggested to him b� the aable television operator and believed they w�ere routire d�anges. He s.ated the first itsn o� the �oposed amen3nents would be a substituion of t�e first "Whereas" clause in the resolution and the second proposed a� �encinent would be on F�ge 3� the resolutia� in F�ragraph C. 7he changes a�al with ic3entifying SQ Associates, a limited partnership. He stated, w.th �ese two amenc�nents, he would re�omnend apprwal af the resolutian. M�TION by Cfl�cilman Barnette to acbpt Resolution No. 5-1986 . Seconded by G �imcilman Fitz�atrick. MiTION by Councilman Schneider to amend Resolution No. 5-1986 by s��bstituting the follawing proposed amenc�►ents as the first �ragraph: Wl fF�2F'AS, General Television of Minnesota, Inc. ("Grantee") has requested the G ty of Fridley to apprave the merger c� a subsidiaiy af SQ Holdings, Inc. (' Holdings") into Grantee's parent oorporatirn, Storer Catm�ications, Inc. S� ��nded by Co�cilman Barnette. Upon a voioe vote, all voting aye, Mayor N� e declared the motion carried unanimously. M TION by Cot,u�cilman Barrette to aQnend Resolutirn No. 5-1986 by changing the w� rds: Kohlberg, Kravis, Rpberts and Campariy �der Raragraph C, Guaranty, ai d inserting the words: SQ Associates, a limited .partnership. Seconded bS Co�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee c3� clared the moton carried unanimously. Ul ON A VOI� VO'I� TAI�N CN �iE N'F�IN M�TION, ALL VOTED AYE, AND MAYOR NEE DF Q�ARED �iE rDTIfJN C�2RIED UNANIM)USLY. Mi . l�tz stated, with adoption of this resolution, Council approved the ti ansfer, subject to oertain terms and oonditions being made and set forth ii the ordir�noe which are the imprwanents in the systen. Mi . l�tz statied security is provided under paragraph D on Page 3 and that sE curity will have to be finalized before the Co�cil has a final reading of tt e ardir�nae. Mt . I�tz stated the oo�niiinents of the cable �nission operator is at such ti me as renewal of the franchise, the operator wi11 activate a 54 channel s� sten, provide addressable wriverter, and provide for energency use. He st 3ted the operator will continue to maintain and prwide the present access ct annels and, at minimtun, provide $150,000 for equipment for support of pt bl ic educational and goverriment programming. He stated thei r f inal -11- COUNCIL I�ETING OF JANt]ARY 6. 1986 �unitment regards custaner servioe requirenerits. NDTION by Co�cilman Fitzpatrick to waive the first reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a ' voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 18. BIKE'4�1Y PIf.1wING Mayor Nee brought up the question of glaaing the bikeways. Mr. Flora stated the Coimcil's p�licy has been not to plaw th�n. He stated the equipnent used for glaaing the sidewalks may damage the asphalt o�n the bikeways. Mr. Qureshi, City Manager, stated if the Council has any desire to plaw these areas, staff can check ir�to this request. .� � - M�TION by Councilman Barnette to adjourn the meeting. Seconded by Co�cilman Schneider. Upon a voioe vote, all voting aye, N�yor Nee declared the motirn carried unanimously and the Regular Meeting of the Fridley City Council at January 6, 1986 adjourned at 9:35 p. m. Respectfully sutmitted, Carole Haddad, Secretary to the Ci ty Co�mcil Approved: -12- William J. Nee I�yor i� OIFiECTORATE � � �F � pue��c woRKs C�N� MEMORANOUM f R1 DLEI' T0: s' Qureshi, City Manager FROM: C1 de Moravetz, Cable Administrator SUBJECT: Cable Television Ordinance Amendment and Acceptance Agreement DATE: January 9, 1985 PW86-7� Attached is the revised and corrected Resolution relating to the above matter. F+lso attached you will find additions to the Ordinance. Specifically, 405.13 2. - G2, I and J. These additions have been incorporated in the Ordinance for the Second Reading. The draft of the Acceptance Agreement has been revised on Page 2 as noted. Section III (Default) of the Agreement has been deleted. Paragraphs I and J in the Ordinance address the matter of the two Bonds relating to the Franchise Renewal. This agreement should be considered by the City Council hionday ni�ht as recommended by Mr. i4atz in his memo dated 1-8-86. CM/ts Attachments cc: City Council Cable Commission � oo c� �-� p . O �'}y O p �� - � � 1A ORDINANCE N0. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 405, ENTITLED *CABLE COMMUNICATIONS FRANCHISE" BY AMENDING SECTION 405.13 i2) BY ADDING PARAGRAPHS G THROUGH N REGARDING FRANCHISE RENEWAL The City Council of the City of Fridley does hereby ordain as follows: 405.13 MISCELLANEOOS PROVISIONS 2. Franchise ReneWal G. Kotwithstanding anything to the contrary, Grantee commits at a minimum, to the Pollowing at such time as Grar.tee is granted a renewal of this Franchise: 1. Grantee shall have in operation a�100 Ngiz, fully activated 5� ehannel system no later than January 1, 1990; 2. Grar.tee shall activate full one-way. addressability throughout the System and provide to each subscriber requiring a converter a one-way addressable converter no later than January 1, 1990; 3. Grantee sha11 have in operation an emergency alert override system capable of overriding the audio on each channel no later than J anuary 1, 1990; u. Grantee shall provide to each subscriber reception of at least one (1) specially designated noncommercial public aceess channel available for use by the general public on 2 first-come, first-served, nondiscriminatory basis; at least one ( 1) specially designated access channel available for use by the Anoka County Library. 5• Grar.tee shall, at a minimum, commit equipment after consultation and direction from City in support of public, educational and government secess the value of Which shall equal the following: A. Year 1 $50,000 B. Year 5 $50,000 C. Year 10 $50,000 ;quipment committed in support of public, educational and governmental access shall not be used for any other purpose without the prior written iFproval of City. Grar.tee shall be responsible for insuring, naintaining, repairing, fixing and adjusting all equipment so committed. �11 such equipment provided by Grantee shall be replaced by Grantee uiless Grar.tee establishes to the satisfaction of City that demand does iot exist for such equipmeht. �rantee shall submit to City by June 1, of the applicable year a written ;tatement setting forth the equipment purchased and the amount expe nded. 'he statement shall be signed and verified by at least one (1 ) officer �uthorized to sign on behalf of Grantee and acknowledged before a notary �ublia 1B Pag � 2 - Ordinance No. H. Grar.tee com�its to the follaring customer service requirements for the dur�.tion of Lhis Franchise and any franchise reneual: 1. Subscriber requests for maintenance or repairs received prior to 2:00 p.m. shall be perfor�ed the same day; 2. Subscriber requests for maintenance or repairs received after 2:00 - p.a. shall be perforaed kithin tventy-four (2�i) hours of the request; , 3. Hai rterar.ce personnel shall be on duty from 8: 00 a. m. to 8: 00 p. m. Monday thro4gh Friday. 4. Maintenance personnel shall be on duty from 8:00 a.m. to 5:00 p.m. on Saturdays. 5. If Grar.tee fails to correct a service problem xithin tWenty-four (2�) hoLrs, Grar.tee sr,all credit 1/30th of the monthly charge to the sut�criber for each t�enty-four (2�) hours or fraction thereof after the first tWenty-four (2�1) hours during which a subscriber is without service, except to the extent that restoration of service is prevented by strike, injuction or other cause beyond the control of Grantee. I. ��rar.tee shall� at all times, until Grar.tee has accepted a reneWal or exte .sion of thi:. Frar.chise, maintain With City a bond in the sum of one r.und; ed thcusand dollars (�100,000) in such form and with such sureties as shal. be acceptable to City. The bond shall De conditioned upon the Grantee acce ;ting a renual or extension of this Franchise r�ithin 30 days of the adoF�ion by City of an ordinance offering a reneWal or extension on terms and con� tions substantially simil2r to this Franchise together xith those imprc vemer.ts described in paragraphs G and H above. The rights reserved by City With respect to the bond are in addition to all other rights the City may have under this Franchise or any other lar+. J. Et the acceptance of a rernral or extension of this Franchise� and at all time: thereafter, until Grar.tee has conpleted those i�prove¢ents set f ortt; in paraE ^aEhs G( 1)(2) (3) (5A) above, to the reasonable satfsfaction of City, Grar,t �e �hall mair.tain uith City a bond ir. the sus of Five Hundred TY�ousand Dolla ^s (�500�000) in such form and with such s�:reties as shall be acceptable to Ci :y, conditioned upon the faithful performance of Grar.tee of the frar,chise rene� al or extension req�:ire¢ents including, but not limited to, those impro��ents described above and upon the further condition that in the event Grant �e shall fail to comply �ith any lav, ordinance or regulation, there shall be recoverable joir.tly and severally fros the principal and surety of the b�nd� any da�ages or losses suffered by City as a result, includir,g the full �aount of any co�pensation, indemnification or cost of removal of ary prope; �ty of Grantee, including a reasonable allc�ance for attorney's fees ar.d costs (witr, ir.terest at tuo percent (2j) in excess of the then prime rate), up. to th� full aaount of the bond, and �hich bond shall further guarantee payment by Gr� ntee of all claims and liens against City or any putlic property, and taxes due to City, which arise by reason of the construction, operation, maint<nance or use of the Syste�. The rights reserved by City With resyect to the Dc nd are in addition Lo all other rights the City may have. The bond shall be reduced to One Hundred Thousand Dollars (�100,000) at such tibe as City ietermines those improvements described in paragraph H have been cotaplE ted. City may, ia its sole discretion, reduce the amount of the bond furthE r or eliminate the requ.ireaent that a bond be mai�tained. Pag � 3 - Ordinance No. K. Grantee shall accept this Ordinance in form and substance acceptable to Cit;, Within thirty (30) days of the effective date of this Ordinance. Upon acc� ptance of this Ordinance, Grantee shall be bound by al1 of its terms and con� itions. � L. Grantee shall have continuing responsibility for the Ordinanee, and if Gra �tee be a subsidiary or Wholly oWned corporate entity of a parent eor� oration, performance of the Ordinance shall be secured by guarantees of the parent corporation in form and substance aceeptable to City, which shall be �elivered at time of, and as part of, acceptance of the Ordinance. M. With its aceeptance, Grantee shall deliver to City true and correct copies of cocuments creating Grantee and evidencing its power and authority to accept the Ordinance. Such documents shall describe officers authorized to accept on beh�lf of Grantee. N. With its acceptance, Grantee shall also reimburse the City for all costs and expenses incurred by City in connection with this Ordinanee. City shall pro� ide a statement to Grantee. Costs or expenses of City not identified at that time shall be paid promptly by Grantee upon receipt of statement from City. It is the intent of the City and Grantee th at City be reimbursed f or all �f its costs and expenses in connection with the review of the change in awne rship and Ordinance amendment process, including any subsequent expenses due to delays or litigation pertaining to the change of ownership and this Ordi nance. PAS��D AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1986 WILLIAM J. NEE - T�.AYOR ATTE >T : RICH �RD D. PRIBYL - ACTIldG CITY CLERK Firs : Re2ding: Seco �d Reading: Publ .ca tion: �c 1D DRAFT ACCEPTANCE AGREEMENT wHEREAS, the City of Fridley, a Minnesota municipal cor- poiation (the "City"), by action of its governing body on January , 1986, adopted a Cable Television Franchise Ordinance AmEndment, which is now recorded in the ordinance books of the City as Ordinance Number (the "Ordinance") and per- taining to certain commitments by General Television of Mirnesota, Inc., doing business as Storer Cable Communications, (tre "Grantee"), a Minnesota corporation; and WHEREAS, the City has been requested to approve a proposed mer�er of Storer Communications, Inc. (hereinafter "SCI"), the parent of General Television of Minnesota, Inc. into a subsidiary of SCI Holdings, Inc. (hereinafter "Holdings"); and WHEREAS, the City retained the services of Herbst & Thue, Ltd., attorneys at law, and Don Richards Associates to review and evaluate the trans.action; and WNEREAS, the City has found on the basis of the review and evaLuation prepared by Herbst & Thue, Ltd. and Don Richards Ass >ciates that: 1. SCI will experience losses for several years following the merger. 2. SCI will not generate sufficient cash to meet is anticipated needs for capital expenditures, unless some assets are sold. 3. SCI will have difficulty meeting debt repayment requirements, unless some assets are sold. 4. Holdings will have difficulty earning an adequate return on its investment in SCI, solely from operations. 5. SCI could have difficulty obtaining additional funds from borrowing or other sources, should that be necessary, in light of an already heavy debt burden. 6. SCI could be severely limited for cash at any time given the fact that large variations in operating cash £low can occur as the result of small variations in revenue growth. 7. SCI could be compelled to reduce operating expenses and/or increase rates if faced with a cash shortage. -1- 1E 8. Many of SCI's cable systems may soon be for sale, as well as some of the TV broadcasting systems. 9. Holdings primary return on its investment in SCI will need to come from the sale and disposition of major assets of SCI. i�fw --'! wHEREAS, Grantee, SCI and Holdings do not agree with�all the firdings of City; and WHEREAS, the Grantee has committed to certain improvments in the cable television system at such time as the Grantee is granted a franchise renewal and those commitments are set forth in the Ordinance; and WHEREAS, based upon the commitments set� forth in the Ord inance the City has approved the merqer of SCI into a sub- sidiary of Holdings and the resulting technical, leqal and finan- cial qualifications of the Grantee, SCI and Holdings; and WHEREAS, the Ordinance requires that it be accepted in wri �ing by Grantee before it becomes effective. IN CONSIDERATION of the representations, conditions, under- takLngs and promises contained herein and in the Ordinance the Par:ies aqree as follows: I REPRESENTATIONS AND WARRANTIES Gra itee represents and warrants as follows : A. That Grantee has and will have the financial, legal and tec'�nical ability to meet the requirements of the Ordinance. I��4�' �� B. That khis Acceptance is valid, binding and enforceable aga nst Grantee and not inconsistent with or in violation with fedfral, state or local law. C. That the commitments set forth in the Ordinance and this Agrfement are freely offered by Grantee and Grantee or any parEnt, subsidiaries, related corporation, partner or joint ven- turE of Grantee, its parents or any of its subsidiaries will not assert and will not support any assertions that the Ordinance and thi: Agreement or any of the provisions contained therein are not enfcrceable under federal, state or local law, or if implemented, wou:d constitute a franchise fee under federal law. D. That the requirements of the Ordinance are and will be rea�onable to meet the present and future cable-related community -2- 1F nee�s and interests, taking into account the cost of ineeting thcse needs and interests. E. That Grantee is and will be ready, willing and able to meet the requir2ments of the Ordinance when granted a franchise ren �wal . F. That Grantee is and will be ready, willing and� able to acc�pt a franchise renewal on terms and conditions substantially similar to the existing franchise. G. That the failure to meet any requirement of the Ordinance for improvements in the System or this Agreement is a fai Lure to substantially comply with the material terms of the exi�ting franchise. H. That all corporate action required to authorize the acc�ptance of the Ordinance and the execution and delivery of thi� Acceptance Agreement and all other documents to be executed and'or delivered by Grantee pursuant to the Ordinance, and all suc� other doc�ments to be executed and/or delivered by Grantee hav� been validly and duly acted upon and are in full force and eff �ct. I. That Grantee has carefully read the terms and conditions of :he Ordinance and this Acceptance Agreement and accepts wit�out reservation the obligations imposed. City renresents and warrants that it has examined the finan- cia , legal and technical ability of Grantee. City represents and warrants that the Ordinance and this Acc« ptance Agreement do not constitute a renewal of the Franchise and that the requirements set forth in the Ordinance do not ��con:titute a request for renewal proposal. II GENERAL TERMS AND CONDITIONS A. This Acceptance Agreement and the Ordinance shall be bincing upon and shall inure to the benefit of the parties, their resFective successors, assigns and transferees. Any agreement or othEr arrangement entered into by Grantee, or any parent, sub- sidiary, related corporation, partner, or joint venture of Grartee, its parent or any of its subsidiaries, ta sell, trarsfer, assign or otherwise dispose of the cable television system in the City shall include a provision that this Agreement and those commitments set forth in the Ordinance will be assigned -3- 1G by the Grantee and assumed by the transferee or assignee. In the evEnt that City approves a transfer of the Franchise and this Acceptance Agreement to a new Buyer, City shall release Grantee, SCI, all affiliates and all parties herein from all terms and cor ditions of this Agreement including the release of all guaran- tee s . � B. This Acceptance Agreement shall be interpreted in accor- dan�e with Minnesota law. C. The failure of the City to strictly enforce the Ordinance or this Acceptance Agreement shall not be construed as a w�iver or as excusing Grantee from future performance. D. The failure of the City to adopt a franchise renewal on terns and conditions substantia�.ly similar to the present Fra �chise on or before the expiration of the present Franchise shaLl not be construed as a waiver or as excusing Grantee from per:ormance under the Ordinance but the commitment of Grantee as exp�essed in the Ordinance and accepted herein shall remain in ful. force and effect. E. If it is necessary for City, in its discretion, to ret�in consulting or legal services to facilitate enforcement of any of the terms, representations or provisions of the Ordinance or :his Acceptance Agreement and such enforcement results in lit.qation, Grantee shall pay City's costs related to such ser- vic��s if City prevails or City's position is upheld in such lit gation. F. All rights and remedies given to City by this Agreement sha.l be in addition to and cumulative with any and all other riglts or remedies, existing or implied, now or hereafter ava lable to City at law or in equity, and such rights and reme- die� shall not be exclusive, but each and every right and remedy specifically given or otherwise existing or given may be exer- cisEd from time and as often and in such order as may be deemed expE dient hy City, and the exercise of one or more rights or -4- renedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. Dat�d , 1986 CITY OF FRIDLEY, MN Notary Public By:_ Its And Its Dat�d , 1986 General Television of Minnesota, Inc. Notary Public C:FI ID2:A -5- By: Its And Its 1H HERB 3T 8c THUE, LTD. � � M E M O R A N D[I M TO: Mayor tJee Fridley City Council FRCM: Gary R. Matz, Attorney DATE: January 8, 1986 RE: Cable Television Transfer Request. � Enclosed herewith please find the Ordinance Amendment and Acc�ptance Agreement implementing the terms and conditions att iched to the City's approval of the transfer of ownerstiip. It is my recommendation that you conduct a second and final reaiing of this Ordinance and approve for execution the Acceptance Agr�ement at your meeting of Monday, January 13, 1986. Under the ter �s and conditions of this Ordinance the cable television ope-ator is committing to the following: 1. Activation of a fully activated 54 channel system no later th•an January 1�, 1990; 2. Activation of a full one-way addressable System and pro- vision of addressable converters no later than January 1, 1990; 3. Installa�tion of an emergency alert override system no later than January 1, 1990; 4. Provision of a public access channel, educat.ional access channel, government access channel and library access channel; 5. Contribution of a minimur► of One Hundred Fifty Thousand Dollars (5150,000) in equip�ent in support of public, educational and government programming over ten years; and 6. Detailed customer service requirements. �s you may recall, the recent discussions with the cable television company have centered on the form of security to be provided to the City to insure compliance with these commitments. This concern was based upon the recently conducted financial ana- lysi� of the parent corporations and the complications identified in t�at analysis. F3riefly, the Ordinance comr�its the cable tele- visi�n operator to the following securities: -1- 1. Immediate delivery of a One Hundred Thousand Dollar ($100,000) performance bond conditioned upon the Company acceptinq a renewal or extension of the present franchise within thirty (30) days of the adoption by City of an ordinance offerinq a renewal or extension of that franchise; 2. Del ivery at the time of acceptance of a renewal� or extension of this franchise of a performance bond in the amount of Five Hundred Thousand Dollars (5500,000) con- ditioned upon the taithful performance of the require- ments of that renewal or extension; and 3. Guarantees to be delivered by the parent corporations. I would like to point out that two chan_qes have been made to the Ordinance since the first reading. The first change appears at paraqraph G(2) on page 2 wherein the provision has been clarified to require activation of full one-way addressability. A previous draft of the Ordinance merely req�i�red one-way addressable converters. The other change app �ars on page three where two paragraphs have been added det3iling the bond requirements. I would, once aqain, recommend these documents for your a�p �oval . C:C �22:N -2- 1J G(2) Grantee shall activate full one-way addressability th�oughout the System and provide to each subscriber requiring a � K co�verter a one-way addressable converter no later than January 1, 19 �0; ,, I. Grantee shall, at all times, until Grantee has accepted a-enewal or extension of this Franchise, maintain with City a bo�d in the sum of one hundred thousand dollars (5100,000) in su:h form and with such sureties as shall be acceptable to City. Th� bond shall be conditioned upon the Grantee acceptinq a re �ewal or extension of this Franchise within 30 days of the ad��ption by City of an ordinance offering a renewal or extension on terms and conditions substantially similar to this Franchise to�ether with those improvements described in paragraphs G and H ahc ve. The rights reserved by City with respect to the bond are in addition to all other rights the City may t�ave under this Fr�nchise or any other law. J. At the acceptance of a renewal or extension of this Frznchise, and at all times thereafter, until Grantee has corpleted those improvements set forth in paragraphs G(])(2)(3)(5A) above, to the reasonable satisfaction of City, Gr� ntee shall maintain with City a bond in the sum of Five Hurdred Thousand Dollars (5500,000) in such form and with such suteties as shall be acceptable to City, conditioned upon the faithful performance of Grantee of the franchise renewal or extension reqUirements including, but not limited to, those im�rovements described above and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be recoverable jointly and severally frc�n the principal and surety of the bond, any damages or losses sufEered by City as a result, including the full amount of any con�ensation, indemnification or cost of removal of any property of �rantee, including a reasonable allowance for attorneys' fees and costs (with interest at two percent (2$) in excess of the the � prime rate ), up to the full amount of the bond, and which bonj shall further guarantee payment by Grantee of all claims and lie�s against City or any public property, and taxes due to City, whi �h arise by reason of the construction, operation, maintenance or �se of the System. The rights reserved by City with respect to �he bond are in addition to all other rights the City may hav�. The bond shall be reduced to One Hundred Thousand Dollars (S1)0,000) at such time as City determines those improvements des;ribed in paragraph H have been completed. City may, in its sol� discretion, reduce the amount of the bond further or elimi- nata the requirement that a bond be maintained. RESOLUTION OF CO14!UhICATIOhS, IH C. RESOLOTION H0. 5 — 1986 THE APPROVAL OF THE HERGER OF STORER ZNC. � II+ITO A SITBSIDIARY OF SCI HOLDINGS� k►HEI E�, Ger.eral Television of M.innesota, Inc. ("Grar.tee") has requested Lhe Cit� of FriCley to alprove the merger of a subisidiary of SCI Holdi,ngs� Ir.c. ("Hc 1dSnEs") into Grar.tee's F.arer.t corporation� Storer Co�¢unications� inc. ; a r,d iiHEl EAS� Section �C5•13 (L) of the City of Fri.dley CaDle Com�unications Frsrchise CrCinsr.ce ("Frsnchise") and Minnesota Statutes Section 238.083 Frc,F iCit the trar.sfer of aunersY.ip of Grar.tee r+ithout prior aFproval of the Ci Ly of Fri dl ey ; and w�:EFEA�, the City of Fri�ley Cable Televisior� Ordlr.arce Section 4C5.13 (�) allc �r� 'City to ir.quire into thE qualifications of the prospective controlling Fart � ; ar.d k'�£F:ti�� the City of Fri�ley ha� retaine� the law fi� cf FerD�t d Thue, Ltc.� to a��i�t it in a reviev of the legal and technical qu2lificatior.s of Lhe Grar.:ee after tt.e Froposed aerger and the consulting fir� of Don Richards A��o:iate�� to a�si�t the City ir. its review of the fir.ar.cial qualifications of G-ar.tee after tt.e proposed Lransfer; and �'rER :��, I?erC;t � Thue, Ltd. ard Don Richards Associates, have pre�ared At: A1�hl..'�IS OF T�:E �EFGEF. OF STOAER COYa'L'l:ICATIONS� INC., I�TO A SUE�IIIAfi: OF SCI :CLLIl:G�� It:C., ("Consultar.t� Report") r+hich has been considere� by the Ci ty of Fri cl ey ; a n� i�N£R :�� the Ccr.st:ltar.t's ReF-ort de�onstrate� that the transaction doe� r.ot �uts ar.t:�.ly alter tt:e legal qualifications aFproved by Crar.tee at the ti¢e of t, e frsr.chise award of sdversely affect Grar.tee's su�scriGers; and -��+i?EA=;.S, the Consultart's Re�ort deeonstrate� thst there will be no siEr..ficar.t char.ge in the techr.ical qualifications of Grar.tee adversely arre� tir.E Grar.tee's suDscriDers; and ��ER1 �.S, the Cor.sultar.t's Aeport de�onstrate� significar.t cor.cerns regardir.g the � irar.ci21 qua�ifications of Grar.tee aSter the propose� merger ir.cludir.g, but � ot liaited to, Lhe follrnring: 1. SCI will experience losses for several years follarir�, the serger; 2. SCI �ill not generate sufficient ca�h to meet its anticiGated needs for capital experditures, urless soce assets are �old; 3• �. SCI ui11 have difficulty meeting debt rep�yser.t reqLirecents unless soce assets are sol�; � Holcings Will bave difficulty earnir.g ar adequate return on its ir.vest�ent in SCI, solely from operaticns; 1L 1M Fage 2- Re�olLtion �o. 5- 1986 5. SCI could have difficulty obtair.ir.g a�ditional funds from Dorroxing or other sources, should that be necessary� in light of an already heavy dett Durder,; 6. SCI could De severly limited for cash at ary time given the fact that large variations in operatir.g casr flox can occur as the result of scall vari�tions ir. rever.ue growth; � 7. SCI could be co�pelled to reduce operating expenses and/or increase rate� Sf face� vitb a cash shortage; 8. r.�r,y ot" SCI's caGle sy�Leas may� eoon De for sale, as xell as soce of the TY brcaccastir,g systeas; 9. Holdin�s pria�ry returr. on its investsent in SCI vill need to come froc the sale and dispositior of bajor assets of SCI. W}?Et EAS, the City ha� conducted a Fublic hearir.g that afforded reasonable r.ot. ce ar.d a rea;onatle opport�nity to be heard regarding the proposed trar sfer ar.� eccFlied with all req�:ire�ents of Kir,nesota law in considerir.g tte �rcFosec trer.sfer; and k�:FFE�, the Freser.t franchise will exFire on or aDoLt Dece¢ber 23� 1987, the City ar.ticiFstes trat �igr.:ficar.t eaFital exper,citures uill De neeessary to uFErace the catle television systea; and K'r'EF EA: � the City fir.ds that the Grar.tee �ay r.ot Fossess the nece�sary fir.�r.cial qu�lificaticns to eake the caFital ibFrcveaer.ts and mair.tain adeS:ate custo�er service practices; and . i�i'EF :f,�� the faili:re af grar.tee to oake cayital ic�rcve�er.ts to the catle telev:sicn systeL ar.d mair.tain adequate custo�er service practices aa�� adve•sEly affect Grat.tee's subscribers; and i�}:EF:AS� Section 4C5.13 (�) of the City of Fridley Cable Coc�ur.icatior.s Fr�r. rise Orcir.ar.ce Frcvides that the City map condition any trar.sfer u�or. suct teres ar.c ccn�itions a� it dee�s aFpropriate; and hC'�, T}:EfiEFCRE, PE IT RESGLVE� by tt,e City Council of the City of Fri�ley� M�nn� sota as fcllous: The ( ity of Fricley hereDy approves Grantee's request for 2Fproval of tte aergf r of Crar.tee's �rer.t corporstion, SCI, ir•to a sub�idi2ry of Holcir.gs sutje et to the prior successful cozpletion of the follrn+ing conditions on or befor e January 2E, 1966: A. S r�icance l�er.�pr_ts. Adoption by City and acceptance by Grantee of a CatlE Cocc�nicaticr.s Frar.crise OrCir.ance Aaer�C�ent which inelude provisior.� reqi:i ring the follaWing: 1. A u00 l�:z, fully activated 54 channel cable television syste� r.o later ti,ar. Jar.uary t , 199C ; 2. A or,e-�ay addressable converter to each subscriter requirir.E a converter ao later trar. January 1� 1990; 3� An eaergency alert override syste� capable of overri�ing the aLdio on eaci cLannel no later than January 1, 1990; ,■ Page 3— ResolLtion No. 5— 1986 h. Provisioa to each aubscriter of all presently reqi:ired sccess char.nels; 5. Coccitaents of eqLiFment in support of public, educational and goverr.¢ental access; 6. Custocer Service Require�ents . B. Acceltance l�cree�ent. Grar.tee sball enter into an AcceFtance Agre�er.t of all �r�irbr.ce /+zEr,czecLs acoFted in connection with the proposed transfer. Suci AcceFtance AgreereLt shall De of a�ubstance� form and manner acceptaDle to C Lty. C. ;uarantv. SCI, Ne:�inEs ar.d SCI Associates L. P. shall en-ter into a Cu�r ar.ty AF,ree�.ent in suDstance, form and manr,er acceptaDle to City which gLar �r.tee� perfcrcar,ce Cy the� of all of Grantee's obliEaticns under the Frar. ;hise and the Ordinar.ce A�ement. D. 5ecl:ritv. Crar.tee� SCI� and Holdings shall furnish a performance bond� cert .ficate of �e;osit, cor.!'e�sion of �udg�ent or other type of instrucent ayFr �ved by City Sn ar, aaour.t City dee�s to De adequate coapensation for da�a ;es resultir.E fros Grar.tee's nonpertor�ance under the Ordir.ance A�enament. E. , Iccert nce Fee. Grar.tee st,all provide the City ar, Acceptance Fee in an a�ou it equ�l to ti,e City` s actual out-of-pocket exper.ses, including attorney's ar.d �onsultar.t's fee�� related to the consideration of the transfer request and � ir�inance l�en�ner,ts relateo thereto. F. _ ii�er Provisior.s. Other Frovl�ions deeced necessary or aFpropriate by leEa. cour.sel to the City to a�sti:re perforxance of Lhe Ordinance Amendment. PA�S: D Ahr ALCFTED bY TNE CITY COU2�CIL OF THE CITY OF FAITLEY THIS 6TH DAY OF JMU. FY� 196E wII.LIAN J. NEE - l�.AYOR ATTE: T : SHIRI EY A. }?A.AFI,LA - CITY CLERK 1N a�rass�o[� �rs � wa.t, r��e �a, 1, 19�6 P+ox c�r Qocn�a. n�o��o[1 � PRFSEta l�ERS �'r�?G APPOIII� PI,At1dII�]G C�SSIDN (Q�apter 6)(6 I�lemUers - 3 Yeat 11effi) General F�tricia Gabel 4-1-88 C�airperso i 5947 2-1/2 Street N.E. (Ii. 571-1288} (B.571-9b00) Chai rper so i LeRoy Oqui st 4-1-87 Coinnunity 1011 Hac,{anan Circle N.E. Develognen : (H. 571-0415) (B. 642-3832) Chairperso� David Kondrick Parks & 280 Stoneybrook Way N. E. Recreation (H. 571-2359)(B. 521-4767) Chairperso: � Donaid Betzold Appeals 1601 N. Innsbruck Dr. �201 Comnission (H. 571-0098)(B. 533-1555) Chairperso� Wayrye Wellan F�v. Qualiiy 6793 Overton Dr. N.E. Cbmnission (H. 571-4141) (B. 571-1000) 4-1-88 4-1-88 4-1-88 Chairpersor Dean Saba 4-1-86 Energy 6325 Uan Buren N.E. Comnission (H. 571-1953) (B. 635-5860) Chairpersor Robert Minton 4-1-86 Hunan 153 8 Nor th Oberl in Ci rc1 e Resources (H. 571-1173) (B. 633-5354) . O�I�NITY I EvFIAPl�TP QJI+l�IISSIDN (Chapter 6) (5 l�ers - 3 Year �eLm) Chairpersor LeRoy Oquist 1011 Haclanann Ci rcl e N. E. (H. 571-0415) (B. 642-3832) 4-1-87 Vioe- Alfred Gabel 4-1-87 Chai rperson 5947 2],/2 Street N. E. (H. 571-1288)(B. 561-8800) Dr. Renneth Vos 990 6 8tlz Avenue N. E. (H. 571-2246) Clarenoe (Gene) Rezac 1561 Camel ot Lane (H. 574-0629)(B. 574-9919) (vacated by Louis Schmidt 10/85) 4-1-88 r ��. 4-1-86 ..� � �a�. �a+•� a+�� • . ��Oj 4-1-8? 2 :• • atitia� � �s . �+•.. ;»�� •.�. . . .• � ��. � • •�. � n a�• � � �� t• �� . . - _�� . - _ - - .�� Chai rpe r so � Vioe- Chairperso. � D�vid Kondrick 280 Stoneybrook Way N. E. (H. 571-2359)(B. 521-4767) Mary Schrei r�e r 6851 Oakley Street N.E. (H. 571-3045)(B. 571-1010) Steve Nelson 6540 East River Rd. #342 (H. 571-1484) Dick Yo�mg 56 95 Qui ncy Str eet N. E. (H. 571-8098) Daniel Allen 6200 Rioe Creek Drive N.E. (H. 571-3137)(B. 373-0956) 4-1-88 4-1-88 4-1-87 4-1-86 !��:': APp�'.AI,S m� PIISSIDN (Chapter 6) (5 Me�bers - 3 Year 7�e�) Chairpersor ponald Betzold 4-1-88 1601 N. Innsbruck Dr. �201 (H. 571-0098)(B. 533-1555} Vice- Alex P. Barna 4-1-88 Chairperson 560 Hugo Street N.E. ( H. 784-546 8) Jean Gerou 4-1-87 1650 Briardale Road N.E. (H. 571�736) (B. 331-2623) Ja¢nes Pl enel 4-1-86 6�6 4 Qzaru�el Road N. E. (H. 571-0026)(B. 421-4760 x lla6) 4-1-88 (vacated by patricia Gabel 12/85) . 2A . .. � �� „�. :��• .,. 4-t-89 4-1-$� 4-t-89 �: ..,J.`1� is i: �1�.. :,•�• 1•��r. ...� � ir:r: :r 1•.� I s � Y •� 1 � (• r� . • - . ��i � - ^ ni Ca711 Lp2I SOl Vioe- Chai rpersoi Wayne Wellan 6793 Overton Drive N.E. (H. 571-4141)(B. 571-1000) 7�n Gronl �d 7411 Lyric Lane (H. 786-7459) (B. 370-3688) Richard Swanda 1521 Woodside Court N.E. (H. 571-6154)(B. 296-7333) Bruoe Peterson 7503 �snp� Terraae N.E. (H. 796-9898}(B. 853-8909) Maynard Nielson 7144 Riverview Terraoe (H.571�608) (B.571-0761) 4-1-88 4-1-86 � 4-1-88 4-1-86 4-1-88 II�GY oDM9 [.SSItJN (�apter 6) (5 l�bers - 3 Year �) Chairperson Dean Saba 4-1-86 6325 Van Buren Street N.E. (H. 571-1953) (B. 635-5860) Vice- Bradley Sielaff 4-1-88 Chairperson 6770 Plaza Curve, N.E. (H. 574-0470)(B. 296-7753) Glen Douglas 4-1-87 861 66th Avenue N.E. (H: 571-2074) (B: 635-7029) Dal e Zhanpson 4-1-88 4976 3rd. Street, N.E. (H. 572-8684) (B. 296-7753) Bruce Bondaw 4-1-86 6616 Central Avenue N. E. (H. 571-0163) (B. 378-8084) 2B . . .. � �� ?i•. �++�' 1•�;,ti� 4-1-89 4-�-8q 4-t-89 4-t-89 � �s�xr r� �s �on� �i�N I�0[ ItQ� m!lQSSIIId (Cbapter 6� (5 l�t�ers - 3 Year 7lenui Chairpersoi Robert Miriton 4-1-86 1538 North Oberlin Circle N.E. (H. 574-1173)(B. 636-5652� Vioe- Chai rper sor Slasan Sherek 1530 73-1/2 Ave. N.E. (H. 784� 444) Harold Belc�m► 191 Hartman Ci rcl e (H. 571-1191) Steve Billings 5215 Li nool n St . N. E. (H. 571-5457) Peter Pierce 572 Rioe Creek Terraoe (H. 571-7045) 4-1-87 4-1-88 4-1-87 • 4-1-86 G�I,E �i,�i, LSIQ�I �SS�I (Code Sec�irn 405.28) (5 I�taobers - 3 Year 7�e�m) Chairpersor Duar�e F�terson 4-1-86 1021 Hathaway Lane N.E. (H. 571-33�6)(B. 374-1120) Viae- Ralph Stouffer 4-1-87 Cha.i r�e r sor 6 06 5 McKi nl ey St. N. E. (H. 571-1735)(B. 6 47-5820) Burt Weaver 928 Rioe Creek Terraoe N.E. (H. 571-4237) (B. 571-1249) Edward Ka spszak 1317 Hillcrest Drive N.E (H. 571-0441)(B. 544-2115) Barbara Huc�es 548 Rioe Creek Terraoe N.E. (H. 571-6182)(B. 224-4901) 4-1-87 4-1-88 4-1-87 2C ..� � � �a�•. �+�• •.k 4-1-8g :• � 4-�-8g r• �:• �s �::�•-. :��• r� �� r� • n :• � � n •s� y •• f �� :�• � _��.- _ -.�� Chai rper so: � Law renoe Corm�er s 5212 St. l�britz Drive N.E. (H. 571-8925)(B. 339-3355) Vioe- Flmars A. Prieditis Chairgerso�, 6031 Benjanin Street N.E. (H. 571-7230) (B. 332-1401) Wal ter Rasnussen 7806 Alden Way N. E. (H. 571-6262) (B. 379-8811) 6-9-89 6-9-86 6-9-87 Duane Prai rie 6-9-88 489 Rioe Creek Terraoe N.E. (H. 571-3993)(B. 786-9800) Virginia Schnabel 6-9-90 1527 Wir�nere Ci rc1 e N. E. (H. 571-3318) P�.I(E m!! ISS�ON (Q�apter 102) (3 !laobers - 3 Year Z�e�) Chairpersor John. K. Hinsverk 4-1-88 170 Hartinan Ci rc1 e N. E. (H. 571-6038) (B. 425-4541) Vioe- I�vis Hauge 4-1-86 Chai rper sor 645 67th Avenue N. E. (H. 571-1083) Tim Breider 4-1-87 7550 Tempo Terraoe N. E. (H. 786-5341) 2/1/21/20 .� ✓�i . .�:• i a+- �x�. :•r �•, 6-9-9t 4- t -89 � P1.aNNIN�i DiVISION 3 � unoF MEMOR.ANDUM FRlDLEY ; M1M0 T0: John Flora,'Public Works Director ' M1M0 FROM: Jim Rvbinson, Planning Coordinator �i Mi MO OATE: January 9, 19 66 R�GARDING: Setting Public Hearings for February 3, 1986 Council Meeing Or January 8, 1986 the Planning Commission reviewed two petitions for rEZOnings, ZOA #85-03 by Margaret Brickner and ZOA #85-04 by Vantage Pt�perties, Inc. Both requests were recomQnended for approval by the P]anning Cc �;.ission. BE �ause of the January Council schedule the Planning Comir�ission minutes of Ja�uary 8, 1986 will not reach the January 13, 1966 Council meeting. In orjer to m�ve these two items through expeditiously, it w�ould be appropriate fc: Council to set a February 3, 1986 public hearing date for both rezonings at the January 13, 1986 meeting. JL �/ctn M- 36-5 RESOLiTrION N0. - 19 86 RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIC�iV�YS IN ZHE CITY OF FRIDd.EY, MII�90TA 8E IT RESOLVID by the Council of the City of Fridley, as follaws: A. That pursuant to Chapter 503, City Code.of Fridley, Minnesota, 1978 that conmencing on the 3rd day of March, 1986 and continuing until the 24th day of Ma�, 1985 unless sooner teLminated or thereafter continued, no vehicle shall be driven or operated upon any street or public highway in the City under juiisc3iction of the City where the weight of such vehicle exceeds: 4 �N PER AXLE B. The above restriction shall not apply with respect to the follawing named stieets or public highways, to-wit: ��+: _N Asrton Avenue Asrton Avenue Ab]� Street Al] =y East of Beech St. Arthur Street Bak �r Street BeE�h Street Beiae Road Brc �kview Drive Cairie Lane ChE ri Lane Carnerce Circle East CacT nerce Circle South Cotr nerce Circle West Carnerce Lane Ea� � Danube Road Ea� :. River Road Eas :. River Rd. Serv. Dr. Eln Street Fir �side Drive Garjena Avenue Gla ;ier Lane Hil�wind Rpad Hiccory Street Indistrial Boulevard Ind�strial Boulevard Jac ;son Street Mai i Street Mai i Street Mat:erhorn Circle Mon :oe Street ;,� 52nd Avenue 79th Avenue W. Moore Lake Dr. 78th Avenue North Danube Road 73rd Avenue 77th Avenue Windemere Drive Mississippi Street Quincy Street 53rd Avenue 73rd Avenue Catunerce Circle East Cacut�erce Circle South 73rd Avenue Matterh�rn Drive East Service Drive 58th Avenue 77th Avenue T.H. #65 Central Avenue Matterhorn Drive Matterhorn Drive Slst Avenue 53rd Way 51st Way Carrie Lane Osborne RQad 57th Avenue Matterhorn Drive 63rd Avenue �� Ind�strial Blvd. Ironton Street Mississippi Street 79th Avenue 400 feet North Osborne Road 81st Avenue East E1�d 67th Avenue Jackson Street Fillmore Street Conunerce Circle S CotrQre rce Ci rcle W 73rd Avenue Osborne Road Arthur Street 51st Way to I 694 57th Avenue 79th Avenue Central Avenue East City Limits St. Moritz Drive Central Avenue 600 feet North 500 feet North 53rd Way 58th Avenue 83cd Avenue 61st Avenue East 67th Avenue 4 ��e 2 - Resolution No. �y� _�y ► 'th Danube Rr�ad ��th Innsbruck Drive i.ncy Street � .ner Pass Ra� �chers Road Ra� �chers RQad Ri� :e Creek Road St Imier Drive St Moritz Drive Tr� �llhagen Drive Vi on Road We: t Danube Road We:t Moore Lake Drive Wu demere Drive 3rc Street 5tl Street 7t1 Street T.I.#47 E. Serv. Drive T.i.#47 E. Serv. Drive T.l.#47 E. Serv. Drive T.t.#47 W. Serv. Drive T.t.#47 W. Serv. Drive T.i.#47 W. Serv. Drive T.i.#47 W. Serv. Drive 51: t Way 53id Avenue 53id Avenue 57th Avenue 57th Avenue 58t h Avenue 61: t Avenue 63i� Avenue 63i� Avenue T.f . #65 E. Serv. Drive T.f . #65 W. Serv. Drive T.F . #65 W. Serv. Drive 69th Avenue 71:t Avenue 72r � Avenue 73r� Avenue 77tn Avenue 78t n Avenue 79ta Avenue 81�t Avenue 83r� Avenue 75t a Way 75t � Way Ost �rne Way - 1986 4A �+��!,� West Danube Road Matterhorn Drive 57th Avenue Glacier Lane 77th Avenue NE 79th Avenue NE T.H. �65 Be rne Road Trollhagen Drive Matterhorn Drive Osborne Rpad North Danube Road T.H. #65 (N.MooreLake) Trollhagen Drive 49th Avenue Mississippi Street 53rd Avenue 53rd Avenue 57th Avenue 69th Avenue 73rd Avenue 83rd Avenue Mississippi Street Mississippi Street East River Road Main Street Central Avenue T.H. #47 7th Street Jackson Street Starlite Boulevard 7th Street T.H. #47 63rd Avenue Osborne Rpad 73rd Avenue Central Avenue T.H. #47 T.H. #65 Central Avenue East River R�ad E. Burlington No. 1�n1 E. Burlington No. R/�J Hickory Street Ffain Street Osborne Road W. Burlington No. R/tn1 East River Rpad G ��7 Arthur Street East City Limits Carrie Lane , South City Limits 79th Avenue I� 61st Avenue 1� Stinson South City Limits South City Limits St. Imier Drive Fireside Drive South Cul-de-sac T.H.#65(S.MooreLk) South City Limits 53rd Avenue 64th Avenue 67th Avenue N. Approx. 500' Mississippi Street 73rd Avenue 81st Avenue S. Ap�rox. 800' Rice Creek Terr. S. Approx. 806' Industrial Blvd. Gentral E. Approx 300' 7th Street Quincy Street W. Moore Lake Dr W. Moore Lake Dr Monroe Street 7th Street South F.hd South 800' South F�d East City Limits City Garage' Central Avenue Comnerce Lane Ranchers Road Main Street T.H. �47 T.H. �47 T.H. �47 Alden Way E. River Rd 75th Way and the w�eight limit with respect to such streets and highways is: 9 �N PER AXLE :e 3 - Resolution No. - 1986 Notice of these restrictions shall be published and posted with respect to �h of such streets and highways and when so published and posted, the :trictions shall be in full force and effect; all as provided thereof, under :pter 563, City Code of Fridley, Minnesota 1978. A vehicle in excess of such limits may be operated or driven upon a street .,� public highway in the City without violation of law when the same is done uncer Special Permit thereof issued in accordance with the provisions of Mirnesota Statutes Sec. 169.87 which are adopted and made a part hereof by reference the same as if fully incorporated herein. E. That school bus operators are given special permit to proceed with normal opEration on their regularly established ro�tes and at regularly established ho�rs, said permits to be issued by the Public Works Director. PA SID AI�ID ADOPTID BY �iE CITY QOUNCIL OF' �iE CITY OF FRIDLEY THIS DAY OF , 1986. WILLIAM J. NEE - MAYOR ATJ E�T: SHI �LEY A. Ei�PALA - CITY Q,ERK �� 5 � �, FOR CONCURRENCE BY THE CITY COUNCIL -- CLAtMS _� CLAIMS 6197 - 632�3 �� FOR CONCURRENCE BY THE CITY COUNCIL �J January 13, 1986 Type of License: 6,� Approved By: FOOD E iTABLISHMEP�T Circus ;andy Co. T.J.Glommen-McCloskey 7258 Be�ch St.N.E. Fridley, Mn. 55432 Delta �ietnamese Restaurant Tran Hat 7928-C Jniversity Ave.N.E. Fridley, Mn. 55432 VENDINC PIACHINE F.M.C. Coca Cola Bottling Co. 5301 E. River Rd. Fridle�, Mn. 55421 -- LICENSES 6 Fees: S35. 00 , S35.00 515.00 �� ■� FOR CONCURRENCE BY THE CITY COUNCIL JANUARY 13, 1986 GAS �ERVIC�S Airc �rp � 2525 Nevada Avenue North, S�ite 303 Gold �n Valley, P�d 55427 By: Lou Graving Midw �st Heating & Air Cond. Inc. 9809 Valley Forge Lane Mapl � Grove, NaI 55369 By: Lance Hamey HEAT :NG Airc �rp 2525 tlevada Avenue North, Suite 303 Gold �n Valley, NIIJ 55427 By: Lou Graving Midw �st Heating & Air Cond. Inc. 9809 Valley Forge Lane Mapl > Grwe, MN 55369 By: Lance Hamey WREC 'ING Herb �t & Sons 2299 County Road H New 3righton, P'IN 55112 By: Dennis Herbst - LICENSES 6 A APPROVED BY William Sandin Plbg.-Htg. Insp. Same S ame Same Darrel Clark Chief Bldg. Ofcl.