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10/19/1987 - 000110201 � 1 � �� ���;� THE MINUTES OF THE REGDLAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 19, 7987 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegianee to the Flag. ROLL CALL: I•ENBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Goodspeed MEMBERS ABSENT: None APPRW AL OF MINUTES: COUNCIL MEETING. OCTOBER 5, 1987: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitz patrick to adopt the agenda as submitted. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: lhere was no response from the audience under this item of business. PUBLIC HEARINGS: PUBLIC HEARING ON THE PROP�AL FROM NORTEL CABLE ASSOCIATES FOR A RENEWAL OF CABLE TELEVISION FRANCHISE �CONTINUED FROM 9/14/87): Mayor Nee reopened this public hearing at 7:35 p.m. He stated the hearing was continued in order to allow time for di�cussions between the ad hoc negotiating committee consisting of Couneilman Schneider, representatives of the Anoka County Community Workshop, and members of the Cable Commission. Councilman Schneider stated several meetings were held with representatives of Nortel Cable in an attempt to resolve the differences. He felt two key issues have not been resolved whieh involves the term of the franchise and the amount Nontel Cable is offering for public aceess. Councilman Schneider stated Nortel is offering $6D,000 for public access in years 1, 5 and 1Q of -�- ��.a� -��� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 79 1987 � the franehise with an inflation faetor for years 5 and 10. He stated the Cable Commission is requesting $150,OOD for years 5 and 1� and discussions are at a stalemate at this point. He stated the Cable Commission and negotiating committee requested Nortel to submit a list as to how they believe access could be supported with the $60,000 they are offering. He stated it is hoped a response will be reeeived towards the end of Dlovember. Mr. Gary Matz, attorney for the Cable Commission, stated in expanding on Councilman Schneider's comments, the two octstanding issues are the len�th of the franchise term and support for access and gublic programming. He stated he understands the City has never granted a franchise for more than 70 years and Nortel's request is for a 15 year franchise. Mr. Matz stated in regard to public aceess, the Commission has relied on information submitted by interested parties, the ACCW and comments from City staff. He stated he wished to emphasis the ACLW and City staff have modified their original needs significantly and reduced the amount of funding requested. Mr. Matz stated he felt there has been a good faith effort to identify the true needs of public access. Councilman Sehneider stated a renewal option is fairly straightforward, however, if the franchise is not renewed, he asked if there are procedural steps the Council should be taking at this time. Mr. Matz stated that is a timely question and the approach taken in the past � was to renew the existing franchise, however, non-renewal may become another option to review. He stated if this is the case, the City would be sub�ect to the non-renewal provisions of the Cable Act adopted by Congress. He stated, essentially, the burden is on the City to justify a non-renewal. He stated a franehise non-renewal can be justified upon a finding that (1) the operator doesn't have the legal, teehnical or financial qualifications to meet its pcoposal; (2) the proposal is not reasonable in light of community needs, taking into account the eosts of ineeting those needs; and (3) the operator has not substantially complied with the material terms of the franchise. Mr. Matz stated with respect to item 3, the preeent operator has been in the City for one year so there is only a limited track record. He stated the final grounds for non-renewal is that the operator service in terms of paeture quality, constmmer practices and billing has not been reasonable. He stated what he would recommend if the City is looking at the opta.on of non-renewal, certain fact finding should be done on the part of staff to assess the cable company's financial qualifieations and determine if they have eomplied with the terma of the franchise. Councilman Schneider stated if there is some probability they may not proceed with renewal, what action should be taken at this point. Mr. Matz stated there is considerable differenees between the cable operator and the City and the parties are not close to an agreement. He stated in ' reality, a non-renewal is an option and felt it is a policy deci;,ion of the Council if they want to proeeed with any fact finding. _z_ I� � 2. ' �3���.,"��. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 79 1987 Mayor Nee stated Nortel has been advised the Council was not ready to take action on the renewal and there wasn't a particular need for them to come this evening. He suggested, therefore, the public hearing be contin�d. M�TION by Councilman Schneider to continue the public hearing to November 23, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. MOTION by Couneilman Sehneider to direet City staff, in con�unetion with the Cable Commission's legal counsel, to begin a fact finding effort to verify Nortel Company's financial and technical qualifications, complianee with the franehise, and service in regard to the public interest of the existing Pranchise holder. Seconded by Counoilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. Councilman Schneider stated when this cable franchise was transferred from Storer to Nortel, Mr. Richards was the financial advisor and asked if sta£f felt his services would be helpful. Mr. Matz stated Mr. Richards examined this transaction at that time and analyzed the results if the growth did not occur. He stated he felt Mr. Richards' assistance would be helpful. MOTION by Councilman Schneider to authorize staff, if they feel it is beneficial and useful, to hire Mr. Don Riehards for help and analysis of the finaneial qualifications of the cable operator in an amount not to exceed $2,000 for his services. Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. MOTION by Councilman Schneider ta waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publxe hearing opened at 7:47 p.m. Mr. Robertson, Community Development Director, stated this petition is to vacate a six foot drainage/utility easement located on the north side of this property. He stated the Public Works Department reported this vacation should not create any problems in terms of storm water and there are no utilities in the easement. Mr. Robertson stated a letter was received from the Morford's at 6235 Kerry Lane stating they were aware of Mr. Mortenson's building plans and had no ohjections. He stated the Planning Commission recommended approval of this vacation at their September 16, 1987 �eting. No other persons spoke regarding this proposed vacation. MOTI�N by Councilman Schneider to elose the pu6lie hearing -3- Seconded by Ca���' '�� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 7987 � Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:50 p.m. OLD BUSINESS: 3. CONSIDERATION OF APPOINTMENTS TO ENERGY AND ENVIRONMENTAL QUALITY COt�4f7SS IONS : MOTION by Couneilman Fitzpatrick to appoint Paul Dahlberg, 6664 East River Road, to the Environmental Quality Commission For the term ending April 1, 1989• Seconded by Couneilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. MOTION hy Councilman Schneider to table the appointments to the Energy Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. NEW B1752NE55: 4. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 30 ENTITLED CHARITABLE GAMBLING BY AMENDING SECTION 30.03, ADDING NEW SECTION 30.04 AND RENUMBERING CONSECUTNELY: Mr. Hill, Public Safety Director, stated in May, 1987, the Council passed an ' ordinanee permitting eharitable gambling for the operation of pull-tabs in the City. He stated the State Legislature has amended the statute regarding control of these operations and this amendment is proposed to comply with the State statute. Mr. Hill stated the primary area in whieh the City's ordinance is in con£lict with the State statute is determining how the profits are distributed. He stated the current ordinance provides that for each doll ar of gross receipts from lawful gambling, four cents shall be appropriated to the City for distribution to charitable purposes, six cents distri6uted to organizations for City charitable purposes, and the reaminin� ten cents shall be used for all other lawful purposes or expenses. Mr. Hill stated the State statute provides that ten pereent of the organization's net profit derived from lawful gambling shall be contributed to organiz atons located within the City of Fridley for charitable purposes. He stated net profits are determined by Minnesota Statutes. He further stated that a local gambling tax of three percent of the gross reeeipts from �ambling, less prizes actually paid by the organization, shall be paid to the City for the purpose of regulating said gambling. Mr. Hi11 stated currently the Lion's Q ub has a pull-tab operation in the City and he anticipates there will be another one shortly. He stated the choices of the Couneil would either be to repeal the ordinanee for charitable gambling or amend it to comply with State Statutes. ' Mr. Hill stated he has met with the City Attorney and those operating the Lion's Q ub putl-tab. He stated the Lion's Q ub indicated they desired to -�- ' � � 5. �G�T �`' FRIDLEY C2TY COUNCIL MEETING OF OCTOBER 19, 1987 give the City additional monies. He stated in one month, under the present ordinance, the City would rece3ve about $1,D00, however, under the new formula, only about $189 would be received which is a significant reduction. Mayor Nee stated he is interested in the percentages and amounts actually being received by eharity. Mr. Hill stated it may be helpful to the Council to obtain information from the Lion's Q ub as to their experiences a� far as distribution of gross income, Mr. Herrick, City Attorney, stated 75 percent must be used for prizes which leaves 25 Percent to pay for other expenses and the rest is defined as net profit. He stated the net result is probably not a lot of the gross distributed to eharity. Couneilman Schneider stated the question is whether it is worth it for the City to become involved. Mr. Hill stated he would research this q�stion further to come up with some dollar figures and report to the Council. MOTION by Councilman Schneider to table this item for a report from staff. Seconded by Councilman Fitz patrick. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECENING TI� MINUTES OF THE PLANNII� CO[�iISSION MEETING OF OCTOBER 7, 1987: A. CONSIDERATION OF AN ORDINANCE RECODIFYING CHAPTER 205 OF THE Mr. Robertson, Community Development Director, stated there has been some intenest on the part of developers to supply retail services in M-1 and M-2 industrial zoning district. He stated staff eonducted research on what was being done in other communities and this information was presented to the Flanning Commission. He stated based on comments and recommendations from the Planning Commission and developers, some changes were made in square footage requirements. Mr. Robertson stated there is a need for certain types of retail services in industrial complexes such as a small deli, cafeteria or dry cleaning establishment which the code does not currently allow. Mr. Herrick, City Attorney, stated the fact is that years ago, the City had step zoning which would allow a commerical use in an industrial area. MOTION by Councilman Fitzpatrick to set the public hearing on this ordinance recodifying Chapter 205 of the Fridley City Code for November 9, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -5- ' ' ' : 7. � �] 10 V V �6�L� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19. 1987 MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of October 7, 1987. Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECENING THE MINUTES OF THE CHARTER COMMISSION I�ETING OF MAY 11, 1987: MOTION by Councilman Schneider to receive the minutes of the Ch arter Commission meeting of May 11, 1987• Seconded 6y Couneilman Fitz patrick. Upon a voice vote, a11 voting aye, Mayor Nee decl ared the motion carried unanimously. CONSIDERATION OF A FIRE SERVICE CONTRACT BETWEEN CITY OF FRIDLEY AND CITY OF HILLTOP: Mr. Aldrich, Fire Ck�ief, stated he discussed thi� item with the Council in June and requested Council consider entering into the fire service contract between the City of Fridley and the City of Hilltop. MOTION hy CouncilIDan Schneider to approve this contract with the City of Hilltop and authorize the Mayor and City Manager to sign the contract on behalf of the City. Seconded by Councilman Goodspeed. Upon a vo3ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. I7 ��;1;i�;e7�il;�]�P Mr. Robertson, Community Development Director, stated this change order was approved by the Housing and Redevelopment Authority at their October 8 meeting, and essentially complies with the terms of the agreement of arbitration where the contractor had to exeavate additional materials at the Lake Pointe site. MOTION by Councilman Schneider to authorize Change Order No. 5, Demolition and Site Grading Project #163, with Enebak Construction in the amount of $22,635.50. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COI�SIDERATION OF CHANGE ORDER N0. 2 FOR STREET IMPRWEMENT PROJECT N0. ST 1986-1 � 2. PHASE 2: MOTION by Couneilman Schneider to authorize Change Order p1o. 2, Street Improvement Project No. ST 1986-1 & 2, Phase 2, with H& S Asphalt in the amount of $2,46D.00. Secanded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. RECENING BIAS AND AWARDING CONTRACT FOR STORM SEWER AND WATERMAIN PROJECT #169: Mr. Flora, Public Works Dxrector, stated 11 bids were received for this project and it is recommended the bids be received and the contract be awarded to the low bidder, Glendale Contracting in the amount of � , , ���� � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1987 $309,978.00. MOTION by Councilman Fitzpatrick to receive the following bids for Storm Sewer and Watermain Projeet #169: CONTRACTOR BOND BID Glendale Contracting, Ine, 3030 Harbor Lane 5� $ 309,978.00 Plymouth, MN 55441 Crossings, Ine. Box 10 Pr3or Lake, MN 55372 Dave Perk3ns Contracting 15775 Juniper Ridge Dr. Anoka, MN 55303 Northdale Construction 14k50 Northdale Blvd. Rogers, MN 5537U Hydro-Con, Ine. Box 129 North Hranch, NA1 55056 Bonine Exeavating 12636 Main Street Rogers, t�I 55374 4iannel Construction Co., Inc. Route, Box 53 Isle, MN 56342 Albrect Companies 14D8 West County Road C Roseville, MN 55713 B & D Underground, Inc. 6130 Sunset Drive Mound, MN 55364 Lake Area Utility Contraeting 6995 - 20th Ave. Hugo, MN 55038 5% $ 333,167.51 5� $ 351,387.50 5% $ 361,53��70 5� $ 364,575.00 5� $ 365,839•75 5$ $ 371,413.60 5� 5% 5� ' Park Construction 7900 Beech St., N.E. 5� Fridley, NAi 55432 -7- $ 382,162.50 � 383,965.D0 $ 407,770.00 $ 416,426.70 � �2f.�'�;:.�� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19. 1987 Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to award the contracC For Storm Sewer and Watermain Project �169 to the low bidder, Glendale Contracting in the amount of $309,978• Seconded hy Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrried unanimously. 11. RESOLUTION N0. 82-1987 AUTHORIZING AN AGREEMENT BEIWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY COMMi1NITY ACTION PROGRAM. INC. TO PRW IDE A SENIOR OUTREACH WORKER IN THE CITY OF FRIDLEY: Councilwoman Jorgenson stated she recently was employed by the Anoka County Community Action Program and will abstain from voting and discussion on thzs i tem . Mr. Hunt, Ass3stant expenditure of CDBG Outreach Worker. He requested the City services. to the City Manager, stated in July, the City authorized funds for community service and funds for a Senior stated the Anoka County Community Action Program has finalize this action with an agreement for these MOTION by Councilman Fitzpatrick to adopt Resolution No. 82-1987. Seconded by Councilman Schneider. Upon a voice vote, Couneilman Fitzpatriek, � Councilman Schneider and Co�cilman Goodspeed voted in favor of the motion. Mayor Nee and Councilwoman Jorgenson abstained from voting. Mayor Nee deelared the motion carried by a 3 to 0 vote. Couneilman Goodspeed asked if Darlene Zut^awski is the Senior Outreaeh Worker with the Anoka County Community Aetion Program. ' 12 13 Councilwoman Jorgenson stated Ms. Zurawski has resigned this position and she was recently hired as the Senior Outreach Worker. APPOINTMENT - CITY EMPLOYEE: MOTION by Councilman Schneider to concur with the following appointment by the C3ty Manager: STARTING STARTING NAAE P0.SITION SALARY DATE REPLA�S Jery L. Cariolano Liquor Qerk $7.30 per October 26, Reba 2314 Silver Lane (Off-Sale) Hour 1987 Whiteoak New Brighton, NAI 55112(non-exempt) ($1264.63 Mo.) Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIt�6 ; MOTION by Couneilman Fitzpatrick to authorize payment of Claims No. 1683a � �� ���� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 1 1987 ' through 17064. Seconded by Couneilwoman Jorgenson. Upon a voice vote, all vot3ng aye, Mayor Nee declared the motion carried unanimously. 14. LICENSES: t+�TION by Couneilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deel ared the motion carried unanimously. 15. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as suhmitted: Layne Minnesota 3147 California St., ft.E. Min�apolis, t�AI 55�18 Well #t Repair Pro�ect FINAL ESTIMATE . . . . . . . . . . . . . . . . . . $17,573.00 Park Construction 79D0 Beeeh Street Fridley, [�i 55�32 � Water & Sewer Project #162 . • FINAL FS TIMATE . $50,�48.07 Eugene A. Hiekok & Asaociates 545 Indian Mound Wayzata, MN 55397 Moore Lake Phase II Project �149 Partial Estimate . . . . . . . . . . . . . . . . . $ 1,021.64 Sunde Engineerang 9001 E. Sloomington Freeway Bloomington, MN 55420 Demolition & Site Grading Projeet #163 Partial Estimate . . . . . . . . . . . . . . . . . $ 9,995•50 TKDA 2500 American National Bank Building St. Paul, MN 55101 Repair of Commons Park Filtration Piant #764 Partial Estimate . . . . . . . . . . . . . . . . . $ 4, 900.00 Enebak Construet3on P. o. Box �5 8 Northfield, MN 55057 ' Demolition & 53te Grading Project.�163 Estimate No. 8 . $52,892.57 � Y�J' �}O� FRIDLEY CITY COUNCSL MEETING OF OCTOBER 19 1987 ' Minnesota Valley Landscape, Inc. 970D West Bush Lake Road Minneapolis, NA1 55438 Landseaping, Irrigation 8� Lighting Project #168 Estimate No. 8 . . . . . . . . . . . . . . . . . . $47,7�+2.25 Northwest Asphalt 1457 Co. Road �k89 Shakopee, NAI 55375 Street Improvement Projeet No. ST. 1987 - 7 Estimate No. 6 . . . . . . . . . . . . . . . . . . $ 7, 611 .88 Seconded by Councilman Schneider. Upon a vaice vote, all voting aye: Mayor Nee declared the motion carried unanimously, ADJOURNME NT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Couneilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Couneil of October 19, 1987 adjourned at 8:27 p.m. Respectfully submitted, ' 7 �i�L�� ~_ �/� - '� ��-� �f��� C<�� t-- Carole Haddad William J. Nee Secretary to the City Council Mayor � Approved: -10-