01/06/1986 - 00011718_ � �ou �_
TAE MINUTES OF Tf� REGUTAR MEETING OF THE FRIDLEY CITY QOUNCIL OF JAN[71�RY 6,
1986•
� The Regular Meeting of the Fridley City Council was called ta order at 7:42
p.m. tay Mayor Nee.
PLIDGE OF ALI,EGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance to the
Flag.
F.iT�R�:��R7
MEMBERS PRFSENT: Mayor Nee, Co�cilman Barriette, Councilman
Schneider, Councilman Fitz�trick, and
Coimcilman Goodspeed
MEMBERS ABSFIVT: None
PId�C7�1MF.TION:
UNITED CONSTITUTION IY�Y, SEFPENIBER 17, 1987:
Mayor Nee stated he issued a proclamation consistent with the request of the
Federal Gwerrunent to establish September 17, 1987 as United Constitution
Day in the City of Friclley in observance of the 200th anniversary of the
si�ing of the United States constitution.
' APPId�VAL OF MINUPES:
'
QJUNQL MEETING, DE(:EP7BER 16, 1985:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilman Gooc3speed. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanunously.
ADMINISTRATION OF OATH OF OFFICE TO ELE(,'TID OFFICIAL:
Mr. Herrick, City Attorney, ac3ninistered the oath of office to re-elected
Coimcilman, Dennis Schneider, Ward II.
Councilman Schneider stated he wanted to thank the menbers of the public who
shaaed their faith in voting for him again and for their support in this
election.
He stated he was hapg3 to find there was such a strong level of acceptance
and happiness in the City. He stated, during his campaign, he heard very
few serious complaints. Councilman Schneider stated he felt Fridley, as a
community, has made substantial progress over the last ten years. He
compl unented the City Manager and staff who work together as a wzit for the
benefit of the oommLmity.
-1-
COUIaCIL MEEPING OF JArk7ARY 6, 1986
��
� Aj
� ADOPTION OF AGEDIDA:
The following items were added to the agenda: (1) Consideration oP a
Resolution to approve the merger of Storer Commuriications, Inc. into a
subsidiary of SQ Holdings, Inc. and (2) Consideration of first reading of
an Ordinance avnending Chapter 405 entitled, Cable Television, establishing
certain requiranents upon any franchise renewal and describing customer
service requixements.
NDTION by Councilman Fitz�trick to adopt the agenoa with the above two
additions. Seconded tr� Councilman Goodspeed. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanunously.
OPEN FORUM, VISI�RS:
There was no response frcm the audience tmder this item of business.
PUSLIC HEARINGS:
1. PUBI,IC HEARING OhI TE� tdATTER OF VACATION REQUEST SF1V #85-06 , TO VACATE THE
UNUSID JOHN90N STREET DIDICATION LYING N�RTH OF SKY[hDOD LANE ADID SOUTH OF I-
694, BY JOHN POIS�ARD:
MOTION hy Councilman Goodspeed to waive the reading of the public hearing
notice and open tihe public hearing. Seconded i� Councilman Schneider. Upon
' a voice vote, all voting aye, Mayor Nee declared the motion carried
unanunously and the public hearing opened at 7:46 p.m.
Mr. Flora, Public Works Director, stated this request was for vacation of
Johnson Street which lies to the north of Skywood Lane and south of I-694.
He stated, in 1970, the City vacated the sautherly half of Johnson Street
south of Skywood Lane and, in 1976, the City vacated the remaining portion
of Johnson Street between Skywood Lane and 53rd Avenue, retaining a 20 foot
utility easement along the eastern p�rtion.
Mr. Flora stated the Planning Co�nission has recomrnended approval of this
vacation with the stipulation that a ten foot utility zasement be retained
on the easterly portion of the property. He stated the City has a water
lir�e rimning f rom the high level reservoir to the north side of I-694,
cutting diagonally across Johnson Street 6etween Skywood Lane and I-694,
therefore, it is recommended the City retain a utility easement for the
entire Fortion, if this vacation is approved.
Councilman Goodspeed questioned where the property was taken for this
street.
Mr. Flora stated the property for the street came frcm 1385 Skywood Lane so
if it is vacated, it reverts back to this property.
� Mr. Herrick, City Attorney, asked why this vacation was requested. Mr.
Flora stated Mr. Fbllard feels the property has been in mis-use and he has
been maintaining it, but wishes to do so as his own. Se stated the
-2-
CAUNCIL MEETING OF JANUARY 6, 1986
U���,
1 petitioner had no glans for any building.
Mr. Herrick asked if the retention of the utility easement would be
consistent with Mr. Fbllard's plans for the property to which Mr. Flora
answered in the affirmative.
Mr. Engebretson, 5376 Matterhorn Drive, stated his property is ad�acent to
Mr. Fbllard's property and he has no ob�ection to the vacation. He stated
his mncern, haaever, is he is in the process of some construction on his
property and, if this vacation is approved, he wanted to be sure he could
still receive access to finish his pro�ect. He also felt he and P4rs. Ni�ni,
the other property aaner uroolved, should have an easement for access to
their property with the pro�rosal for vacation.
Councilman Goodspeed stated he, Mr. �bllard and e4r. Engebretson have been
discussing this matter. He stated he knows Mr. Pollarc3 has no problem
whatsoever in letting Mr. Engebretson get trucks in and out to finish his
construction pro�ect.
Mr. Qureshi, City Manager, stated the City has three choices which would be
to delay the actual processing of the vacation until Mr. Engebretson's
oonstruction is oompleted; to vacate only one-half of the easeirer�t; or there
be a mutual agreanent between the two Farties that, if all the property is
vacated, tl�e ad�acent property owner retains the right to use it in the
future.
� Mr. Pollard stated he has no ob�ection whatsoever to Mr. Engebretson
finishing his pro�ect, but wants to knaa what is going on. He also oouldn't
widerstand why Mr. Engebretson and Mrs. Nieni wanted an easement. He stated
he does have a concern what this property will look like in the spring with
all the truck traffic over it. He felt it wasn't necessary for the
construction crew to drive their private vehicles over this easement and
would lilce the traffic kept to a minimun.
Mrs. Arlie Nieni, 5368 Matterhorn Drive, stated her only concern is if she
needed to use this Farcel, in order to have repairs done on her property,
she oould legally have access to it.
Cotmcilman Barnette asked if the easement had never been there, how woald
they receive access. Mrs. Nieni stated they would hava to renove fencing in
order to �rvice her property.
Mr. Herrick, City Attorney, stated if the City dcesn't have a street there,
the question is whether there is naa any legal right of access. He stated,
as he imderstands, she easement came fran Mr. Fbllard's pro�rty and, if it
is vacated, it reverts Lxzck to this property. He felt before the Council
makes a decision, it should be verified where this easement came from and,
Lmder the existing circiunstances, if the pubiic has any right of access on
the property.
� Mrs. Nieni stated, when she bought the pro�rty, this wanted to purchas�e the
�rcel proposed for vacation, but was told it belonged to the City and was
not available.
-3-
�
�
�
COUNCIL MEETING OF JAN[7ARY 6, 1986
Mr. Herrick stated when �ieople say "it belongs to the City", that is
probably laynan's language for the City's nyht to put a street in there,
haaever, the fee aanership ap�rently lies with Mr. Pollard.
Mr. Fbllard stated he, hopefully, intends to add on to his hcnle and the only
way he can go is taaard the easement. He stated he explainec7 this to the
Planning Commission and they could see no ob7ections whatsoever.
Mr. Herrick stated a point that should be made clear is if the City is
maintaining utility easements, you cannot canstruct on that pro�rty.
Mr. I�llard stated Mr. Engebretson can reach his property off Matterhorn
Drive and can get to the t�ck of his lot on his aan property.
Mr. Engebretson stated the reason it isn't practical to come ira fron
Matterhorn Drive is because of the trees and bushes which would have to be
ranoved.
NDTION by Cow�cilman Goodspeed to close the public hearing. Seconded by
Councilman Fitzp3trick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried imanimously and the public hearing closed at
8:26 p. m.
Coimcilman Goodspeed stated he would like verification of the fact that this
property was taken fram Mr. Ik�llard's lot and determine if the City has the
right to qive an easement over that property.
OLD BUSINESS:
2. ORDINANCE NJ. 848 UAIDER SECPION 12.07 OF THE CITY CHAF�PER TO UACATE STREETS
AND ALLEYS AND TO AMEAID APPEAIDIX C OF THE CITY CODE, RIVERWOOD MANOR,
CHARLES COOK:
NDTION by Cowicilman FitzFatrick to waive the reading of Ordinance No. 848
and adopt it on the second reading and order �ublication. Seconded by
Co�cilman Goodspeed. Upon a voice vote, all veting aye, [�ayor Nee declared
the motion carried unanimously.
3. O1�INANCE IV�. 849 REODDIF'YING THE FRIDLEY CITY CODE, CHAPTER 603, ENTITLED
"INTOXICATING LIOUOR" BY ADDING SECTIONS 603.05, (10) AND 603.23, AND
RENUMBERING THE PRESENP 603.23 � 603.24, ADID FURTHER AMENDING CHAPTER 11,
ENPITLED "FEES":
Mr. Richard Pnbyl, Acting City Clerk, stated this ordinance amendment
provides for pro-rating fees where there is transfer of a license. He
stated the ordinance further provides for the issuance of temporary on-sale
intoxicating liquor licenses to civic organizations which have been in
existence for not less than three years in the Clty. The ordinance further
provides that only two such licenses will be allowed in the sarne calendar
year with the fee to be $120 per request.
Coimcilman Barnette stated he received an inquiry where a class reunion
-4-
+��)�
COUNCIL MEETING OF JAI�JARY 6, 1986
0�7�_
� would be held at the Skywood Inn and they would like a bar setup at this
location. He asked if this would qual ify under the ordinance.
Mr. Herrick, City Attorney, stated what is intended is to authorize issuance
of temporary on-sale intoxicating liquor licenses far non-profit
organizations that have been in the City for at least three years. He
stated the ordinance contains nothing to permit the type of actiaity
Councilman Barnette questioned.
NDTION by Councilman Fitzp�trick to waive the reading of Ordinance No. 849
and adopt it on the second reading and order publication. Seconded by
Coimcilman Goodspeed. Upon a voice vote, all vating aye, Mayor Nee declared
the motion carried tmanvnously.
4. �NSIDERATION OF A POLICY REGARDING UMBRELLi1 �VERAGE BEYOAID LEGAL LIMITS OF
LIABILITY (TABLED 12/16/85):
Mr. Bill Hunt of the City staff stated, at the last Council meeting, the
question was raised whether unbrella wverage should be purchase for $61,000
or whether the City should continue to look for other insurance or
alternatives. Mr. Hunt stated Dr. WYutrnan, the City's insurance oonsultant,
and Mr. Olsen of T. C. Field and Com�ny were present this evening to revieca
the status of the City's insurance coverage and to answer any questions.
� Dr. Whitrnan stated the unbrella coverage has not been purchased because it
contains a lot of exclusions and the �,raniwn is substantially higher than
last y�r. He stated they are looking at other markets that might be more
reasonable and prwide other coverage and the possibility of setting up a
progr�n uivolving self-insurance.
Dr. WYntrnan stated questions were raised at the last rneeting which focused
on public officials and law enforcement liability coverage. He stated, in
the law enforcement area, coverage has been placed with Imperial Casualty
and it is very good coverage and less costly than what was available with
the League of Minnesota Cities. He stated the public officials c�overage is
purchased through the League and is actually an extension of the basic
liability coverage that is available to the City and all engloyees, but not
independent oontractors such as the City Attorney.
Cotmcilman Schneider asked if inembers of the citizens cornmissions were
covered.
Dr. Whitrnan stated it would have to be specified which comnission they are
referring because there is a list of exclusion which include anything
related to housing, welfare, airports, etc.
Coimcilman Schrieider asked, for example, if the Hwnan Resources Commission
menbers would be oovered. Dr. Whitrnan felt if they were not irY the welfare
area, they would be covered. Councilman Schneider stated they do have a
' relationship with the State De�artnent of H�an Ric�ts.
Mr. Hunt stated there is a waiver signed by �rsons who take �art in the no-
-5-
�
5.
'
1
CAUNCIL MEETING OF JANUARY 6, 1986
fault grievance procedure where they woulc� not sue, but have the riyht to
carry tYieir gri�ance to the State of Minnesota.
Dr. Y7hitman stated discrimination is �artially covered, but the compensation
�rt of the discrimination claim probably isn't covered. He stated,
have�er, he oould not find in the League's sample coverages an exclusion
which states this is not oovered.
Mr. Conway Olsen, T. C. Field and Company, stated they have pxovided
insurance to several cities for a nwnber of years and commission manbers, if
sworn and appointed, are covered in the same manner as an employee or an
elected off icial when they are operating on behalf of the City Coi.mcil.
Councilman Barnette asked because of the fact that they are appointed by tY�e
Cowzcil, if the �aorn o3th was �cessary. Mr. Olsen felt the commission
msnbers should take an a3th.
It was the concensus of the Council theg would not approve an wnbrella
coverage at this time.
NEW BUSINESS:
CONSIDERATION OF CITY COUNCIL APR�INi'MEI�TrS � DIFFERENi' AGENCIES:
NDTION by Councilman Fitz�atrick to apprwe the follaaing a�pointments:
MAYOR PI� TEM - 1986 REPRESENPATIVE:
Cotmcilman Dennis Schneider
ANJKA �UNrY LAW EI�ORCEMENi' COUNCIL (1 REPRSENPATIVE & 1 ALTERNATE):
Coimcilman Schneider, Represenative Coimcilman Barnette, Alternate
SUBURBIIN RATE AUi'HORITY (1 MEMBER & 1 ALTERAFITE) :
Mr. Echaard Hamernik, Represenative
Mr. John Flora, Public Works Director, Alternate
NOFrPfi SUBURBAN SEWER SERVICE BOARD (1 REPRESEI�ITIVE & 1 ALTERNATE):
Councilman Barnette, Representative
Coimcilman Schneider, Alternate
ASSOCIATION OF Mh'i'ROPDLITAN MUNiCIPALITIES:
Councilman Fitz�trick, Delegate
Coimcilman Goodspeed, Alternate
SCHOOL DISPRICP #14 COMMUNITY SCHOOL ADVI90RY COUNCIL:
Coimcilman Barnette, Representative
�
�i� �,
1
CAUNCIL MEEPING OF JANUARY 6. 1986
SCHOOL DISTRICP #13 REPRESENPATIVE:
Councilman Fitzg�trick, Representative
SCHOOL DISTRICP #16 REPRESENPATIVE:
Councilman Goodspeed, Representative
LEAGUE OF MIN[�]E90TA MUNICIPALITIES:
Co�cilman Fitzg�trick, Representative
Coimcilman Schneider, Alternate
Seconded 1� Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carned unanimously.
RECEIVING LIST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL 1, 1986:
MOTION by Councilman Barnette to table these commission appointments.
Sewnded tr� Cotmcilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
RESOLUTION N0. 1-1986 DESIGNATING DIRECTOR AI�ID ALTERNATE DIRECTOR TO
SUBURBAN RATE AUTHORITY:
' NDTION by Coimcilman Schneic�r to adopt Resolution No. 1-1986, designating
Edward Hamernik as Director and John Flora as Alternate Diretor to the
SuburYt�n Rate Authority. Seconded by Counc�lman Barnette. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried w�animously.
6.
7.
'
RESOLUTION IJ�. 2-1986 DESIGNATII� THE OFFICIAL DEFI�SI�RIES FOR THE CITY OF
FRIDLEY:
M�TION by Coimcilman Schneider to adopt Resolution No. 2-1986. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all votir�g aye, Mayor Nee
declared the motion carried imanunously.
RESOLOTION NJ. 3-1986 DESIGI�ITING AN OFFICIAL NEWSPAPER FOR THE YEF1R 1986:
NDTION by Councilman Barnette to adopt Resolution No. 3-1986. Seconded by
Councilman Schneider.
Coimcilman Goodspeed was ooncerned whether the Star and Tribune should be
desi�ated as an official rewsgsper since the public has made ooirnnents they
don't look f or notices aoncerning Fridley in this �a�r.
Councilman Schrieider stated, on the other hana, co�[¢nents have been made tl�at
people do not read the Focus.
Mr. Qureshi, City Manager, stated he felt both �apers should be designatea
as the official newspapers because if for some reason the timing
requiranents cannot k�e met for one xaper, legal notices could be published
-7-
���
aCi�
COUNCIL MEETING OF JANUARiC 6. 1986
' �.n the Star and Tribune news��r, but all notices w�ll be placed in the
Fridley Focus. UfnN A VOICE VOTE TAKEN ON 7I3E ABOJE NDTION, ALL VOTED AYE,
AND MAYOR NEE DECLARED THE NDTION C�1h'RIED UNHNIM(x75LY.
8. RESOLUTION NJ. 4-1986 DESIGI�ITII� TIME AAID NCII�9BER OF COUNCIL MEETINGS:
[yDTION by Cotmcilman Fitz�.atrick to adopt Resolution Pdo. 4-1986. Secondec]
by Coimcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried imanimously.
9. CONSIDERATION OF REOUEST FOR EXPEDITING IMPROVEMENTS FOR LAKE POINTE
CORPORATE CENl'ER•
Mr. Flora, Public Works Director, stated woodbridge ProFerties is developing
the 100 7.tain Drive-in site and haue requested the Council to authorize the
retention of Sunde Engir�eering to desicp� and inspect the site unprovenents
including stxeets, utilities, roads and other items to be �id for fron the
tax incranent bond.
Mr. Flora stated the reason for this request is to accelerate the design and
construction for completion in 1986. He stated staif 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
quality and appropriate connections to the City's utility systems.
� Coimcilman Barnette asked if the two property aaners north of West tloore
Lake Drive have been �ntacted regarding the possibility of tYieir propert,ies
being nvolved in the road alic�ment.
Mr. Qureshi, City Manager, stated this would t�e the responsibility of the
develo�xr to contact these avners, and work out an agre�nent, if r�cessary.
MOTION by Councilman Goodspeed to approve the request of Woodbridqe
Properties to authorize the retention of Sunde Engineering to design the
site unprovenents. Seconded ty Coimcilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion caxried unanunously.
10. �NSIDERATION OF ADDITION � MOORE IAKE PHASE II RESTORATION PI.'OJECP:
Mr. Flora, Public Works Director, stated the DNR required the City to
install a well to pwnp water into Moore Lake as a requirement f or 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. Flor« stated the DNR
indicated, �.f this was done, they would also consider killir.g the existing
rough fish and restocking both the a�st and west ka3sins with sport fish.
Mr. Flora stated the only problsn, fr�n the City's p�int of view, would be
the liability because of the open water. He stated if the Coimcil approves,
� staff would oontinue to work with the DNR for iristallation of the aerator
and restocking of the lake.
�;D
COUNCIL MEE'i'ING OF JANUARY 6, 1986
d��
' @DTION by Councilman Schneider to instruct staff to draf t the appropriate
resolution to proceed with an aerator on the west side of Moore Lake ana f or
the DNR to elunir�te rough fish and restock with game fish. Seconded by
Cotmcilman Gocxlspeed. Upon a voice vote, all voting aye, Mayor Nee declared
the motion rarried imanimously.
11. CONSIDERATION OF MnD(Yi' PROR�SAL FOR I-694 VdIDE1QING:
Mr. Flora, Public Works Director, stated in the envirorunental assessment of
the I-694 widening pro�ect, the Minnesota Depsrtrnent of Transportation
identified two areas in Fridley that oould receive traff ic noise increases
(Skywood A�xirtrnents, S5, and Innsbruck North, N6).
Mr. Flora stated the Dexartment of Transportation has determined that noise
lEVels are not substanially increased to warrant construction of noise
barriers along the highway as the costs wculd be $325,000 for Area N6 and
$31,000 for Area S5.
Mr, Flora stated most new highway pro�ects da not have noise barriers. He
stated it has been found that while these pro�ects reduce noise to the
property aaner urmzediatly ad�acent, they �racrease the noise lEVels to other
�roperties.
Mr. Flora stated the MnDOT is asking Council to �r�cur with their re�ort and
� if they would like a presentation made to the r�eighborhood or Co�cil.
Mayor Nee stated most of the response he received recJarding these barriers
has been nec�xtive.
Mr. Flora stated MnDOT has offered to have an informational meeting and
explain why the la3rriers woulchz't be mnstructed. Councilman Schneider felt
it di�'t make sense to have a meeting when the outcome has already been
determir�ed.
No formal action was taken by the Council, but they did receive the
information fran MnDOT and noted their report on the noi� Ix rriers.
12. OONSIDERATION OF 7AT SPLIT RECORDING EXTENSION BY SHORE,'[�170D INN:
Mr. Flora, Public Works Director, stated a request has been received f rom
the Shorewood Inn owners to extend Resolution No. 63-1985, which would
expire February 5, 1986, to May 1, 1986. He stated the reason for the
request is the aar�rs of the Shorc�aood Inn have an option agreement on the
easterly lot wtuch expires April 16, 1986 and they have not acted on the
agreanent at th is time.
NDTION by Co�mcilman Schr�ider to approve the extension of Resolution No.
63- 1985 to May 1, 1986. Seconded by Councilman Barnette. Upon a voice
vote, all vating aye, Mayor Nee declared the motion carried ima[umously.
� 13. CONSIDERATION OF A JOINT POWERS AGREEMENT TO FORM A COALITION OF
ME`PEd��ISTAN COMMIIIaTIES:
�
d��
COUNCIL MEETING OF JANUARY 6, 1986
' NDTION by Councilman Schneider to approve the 7oint powers agreenent to form
a coalition of inetropolitan comrnunities. Seconded by Councilman
Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
14. LICENSES•
� u
�IISIDERATION OF LICENSE FOR PREMIER CABLE SERVICES:
NDTION by Councilman Schnei�r to approve the licenses as submitted and as
on file in the License Clerk's Office. Seconded by Councilman Barnette.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carrried
unanimously.
NDTION by Councilman Barnette to approve the iicenses for Premier Cable
Services. Seconded by Councilman Schneider. U�ron a voice vote, all votinq
aye, Mayor Nee declared the motion carried wianimously.
15. Q,AIMS
MOTION by Councilman Barnette to authorize �xyment of Claims No. 5937
through 6196. Seconded k� Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
� 16. ESTIINATES•
NDTION by Councilman Schneider to apprwe the estunates as su�nitted:
Eugene A. Hickok and Associates, Inc.
545 Indian Mo�md
Wayzata, MN 55391
Partial Estimate For Professional Services
Thru Nwenber 30, 1985
Moore Lake Phase II Restoration Pro7ect ....... $ 413.84
Bonine Excavating, Inc.
12636 Main Street
Rogers, MN 55374
Water & Sewer Pro�ect No. 160
Partial Estimate No. 2 . . . . . . . . . . . . . . . 7,375.42
Seoonded f� Co�cilman Barnette. Upon a voice vote, all voting aye, Mayor
I3ee declared the motion carried imanimously.
17. RE�LUTION I�. 5-1986 APPRDVING Tf� MERGER OF STORER COMMUNICATIONS, INC.
INPO A SUBSIDIARY OF SCI HOLDII�S, INC.:
AAID
� CONSIDERATION OF FIRST READING OF AN ORDINANCE ANIENDING CHAPTER 405
ENPITLED, CABLE TELEVISION. ESTABLISHING CERTAIN RE4UIREMENTS UPON ANY
FRANCfiISE REP]EWAL APID DESCFtiBING CUSTOMER SERVICE REOUIREMENTS:
-10-
o� �.
WUNCIL MEETING OF JAI�hIF,RY 6. 1986
� Mr. Gary Matz, representing the Cable Television Commission, stated the
Council has before then three doc�anents. Hle stated the first document is a
resolution to approve the transfer of the cable £ranchise sub�ect to certain
terms and canditions. Mr. Matz stated the other document is an orc3inance
amenc�ient to the franchise which outlu�es certain vnprovenents to the syst�n
and sets forth custaner service requirements during the balance of this
franchise. The third docwnent is an acce�tance agreenent and, at this time,
the dociunent is only uiformata.onal.
Mr. Matz stated the proposed two amenc�nents received were suggested to him
by the cable television operator and believed they were routine changes. He
stated the first iten of the proposed amenchnents would be a substituion of
the first "Whereas" clause in the resolution and the second proposed
amendnent would be on Page 3 of the resolution in Paragraph C. The changes
deal with identifying SQ Associates, a limited partnership. He stated,
with these two �nenc�nents, he would recomnen� approval of the resolution.
M7TION by Co�mcilman Barnette to adopt Resolution No. 5-1986. Seconded by
Coimcilman Fitz�trick.
MDTION by Councilman Schneider to amend Resolution No. 5-1986 by
substituting the following proposed amenrknents as the first p�ragraph:
WHII2EAS, General Television of Minnesota, Inc. ("Grantee") has requested the
City of Fridl�y to approve the merger of a subsidiary of SQ Holdings, Inc.
� ("HOldings") into Grantee's �arent corporation, Starer Conrtn�mications, Inc.
Seconded tr� Coi.mcilman Barnette. Upon a vaice vote, all voting aye, Mayor
Nee declared the motion carried imammously.
NDTION by Coimcilman Barnette to amend Resolution No. 5-1986 by changing the
words: Kohlberg, Kravis, Roberts and Comp�riy under Paragraph C, Guaranty,
and inserting the words: SQ Associates, a lunited �artnership. Seconded
by Cotmcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the moton carried imanimously.
UR7N A VOI(:E VOTE TAI�N ON ZSiE I�,IN MOTION, ALL VOl'ED AYE, AND MAYOR NEE
DEQ�ARED TLiE NDTION C9RRIED UNANINrHTSLY.
Mr. Matz stated, with adoption of this resolution, Council approved the
transfer, sul�7ect to certain terms and aonditions being made and set Lorth
in the ordinance which are the unprovenents in the system.
Mr. Matz stated security is prwided imder �xrayraph D on Page 3 and that
security will have to be fir�lized before the Council has a firxll reading of
the ord�.r�nce.
Mr. N13tz stated the ooirnnitrnents of the cable corunission operatox is at such
time as renewal of the franchise, the operator will activate a 54 channel
systen, provide addressahle oonverter, and provide for emeryency use. He
� stated the o�rator will continue to maintain and provide the present access
channels and, at minimtun, provide $150,000 for equipment for support of
public educational and government programmirrg. He stated their final
-11-
COUNCIL MEETING OF JAIQTARY 6, 1986
1 commitrnent regards custaner sexvice requirenents.
rDTION by Co�mcilman Fitz�trick to wa�ve the first reading and approve the
ordirr�nce upon first reading. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanunously.
18. BIKEWAY PI�OWING
Mayor Nee brought up the question of pl aaing the bikeways. Mr. Flora stated
the Co�cil's p�licy has been not to plow then. He stated the equipment
used f or plaaing the sidewalks may damage the asphalt on the bikeways.
DIr. Qureshi, City Nlanager, stated if the Council has any desire to plow
these areas, staff can check into this request.
AA70URN•
MOTION by Councilman Barnette to ad�ourn the meeticig. Seconded by
Coim cilman Schr�eider. Upan a voice vote, all voting aye, Mayor Nee declared
the motion carried imanimously and the Regular Meeting of the Fridley City
Cotmcil of January 6, 1986 ad�ourned at 9:35 p. m.
Res�ZCtfully sutmitted,
� ���� ����� ��� ���
Carole Haddad, Fdilli�n J. ee
5ecretary to the Mayor
City Council
Approved:
�
-12-
0.� �