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04/18/1988 - 5021� FRIDLEY CITY COUNCIL MEETING � �� �� FRGIEV R#DLFY ATTENDANCE SHEET MONDAY Apri 1 18 � 1988 7:30 P.M. PLEASE Sl6N NAME,ADDRESS AND ITEM NUMBER INTERESTED IN MAME ADDRESS � ITEM NUMBER ssssssssssssaseasaaoassssssssaassss_xeas=ssaa=a:ssas=zseassass=aoaeaamsssssaser=ca= =aae====aa: ���'�`1�- I�i��,�. .�;r.. I 2Z.33 (V� Is._ 0� � 2z� � � �, �- FRIDLEY CI TY COUNCIL APRIL 18 , 19 8 8 - 7: 3 0 P. M. • Following are the "ACTIONS TAKEN" by the Administration for your inf ormat i on. r1 �J • ------------------------------------------------------------------ BOARD OF REVIEW Board of Review . . . . . . . . . . . . . . . . . . . . . 1 - 1 A Adjourned at 8:40 p.m. CITY COUNCIL MEETING APPROVAL OF MINUTES: Council Meeting, March 28, 1988 Council Meeting, April 4, 1988 Approved ADOPTION OF AGENDA: Consider Item 18 when Mark Burch arrives Consideration of Change Order No. 5 with TKDA for Commons Park Water Treatment Plant Improvements OPEN FORUM, VISITORS: VFW Presentation to Fire Department Dick Harris, 6200 Riverview Terrace, re: Ordinance Enforcement - dumpster screening & sign Council Meeting, April 18, 1988 Page 2 PUBLIC HEARINGS: •Consideration of a Vacation, SAV #87-12, to Vacate That Portion of the Service Road Lying East of and Adjacent to Trunk Highway 65, Being a Part of Lots 16 and 17, Auditor's Subdivision No. 88, Anoka County, Minnesota, Generally Located at 6257 Highway 65 N.E., by Shorewood Plaza Partners ....... 2- 2 G Opened at 9:15 p.m. Closed at 9:22 p.m. COMMUNITY DEVELOPMENT--ACTION TAREN: Item is on next agenda for consideration of first reading OLD BUSINESS: Consideration of Second Reading of an Ordinance Approving a Rezoning, ZOA #87-01, to Rezone from R-3, General Multiple, to C-2, General�Business, On Lots 23 and 24 Together with Half Vacated Al1ey, Block 6, Fridley Park, the Same Being 6501 East River Road N.E., by Christensen Auto ........ 3- 3 B Ordinance 903 adopted with stipulations COMMUNITY DEVELOPMENT--ACTION TAREN: Ordered publication with stipulations r � LJ NEW BUSINESS: Consideration of First Reading of an Ordinance Recodifying the Fridley City Code by Adopting a New Chapter 405, Entitled "Cable Television Franchise" and Repealing Old Chapter 405, Entitled "Cable Communications Franchise" and Granting a Franchise to Nortel Cable Associates L.P. to Operate and Maintain a Cable Television System in the City of Fridley; Setting Forth Conditions Accompanying the Granting of the Franchise Providing f or Regulation and Use of the System; and Prescribing Penalties for the Violation of the Provisions of this Ordinance . . . . . . . . . . . 4 - 4 EEEE Approved on first reading with amendments PUBLIC WORKS--ACTION TAKEN: Item is on next agenda for consideration of second reading with amendments incorporated • Council Meeting, April 18, 1988 �NEW BUSINESS (CONTINUED): Page 3 • Receive the Minutes of the Planning.Commission . Meeting of April 6, 1988 . . . . . . . . . . . . . 5 - 5 I Received A. Consideration of a Lot Split, L.S. #88-02, to Split the West 13 Feet of Lot 30 (Except the Westerly 120 Feet), Brookview Addition, the Same Being 1255 - 66th Avenue N.E., by Teresa and John Gibson Planning Commission Recommendation: Approval with Stipulations Council Action Needed: Consideration of Recommendation And Consideration of a Resolution Approving a Subdivision, Lot Split, L.S. 88-02, to Split the East 13 Feet of the West 133 Feet as Measured Along the North and South Lines of Lot 30, Brookview Addition Resolution No. 32-1988 adopted with stipulations COMMUNITY DEVELOPMENT--ACTION TAKEN: Informed applicant of Council approval with stipulations • Consideration of Waiving a Sign Permit Fee for Fridley HiStorical Society . . . . . . . . . . . . . . . . 6 - 6 D Waived fee COMMUNITY DEVELOPMENT--ACTION TAREN: Informed Historical Society of Council approval • Council Meeting, April 18, 1988 (NEW BUSINESS (CONTINUED): Page 4 �Receive the Minutes of the CATV.Advisory Commission• .• of February 23, 1988 . ... . 7- 7 H Received COMMUNITY DEVELOPMENT--ACTION TAREN: Filed for future reference Consideration of Setting Public Hearing for the Reallocation of 1986 and 1987 Community Development Block Grant Funds . . . . . . . . . . . . . . . . . . . . 8 - 8 D Set Public Hearing for 5/16/88 COMMUNITY DEVELOPMENT--ACTION TAKEN: Proceeded with setting Public Hearing for May 16, 1988 • Consideration of a Resolution Authorizing and Directing the Splitting of Special Assessments on: Auditor's Subdivision #88, Lots 1 and 2, Pin No. 13-30-24-31-0001 and Auditor's Subdivision #88, Lot 3, Pin No. 13-30-24-31-0002 . . . . . . . . . . . . . . . . 9 - 9 B Resolution 33-1988 adopted CENTRAL SERVICES--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Consenting to Amendment of Loan Agreement Relating to Industrial Development of Revenue Bonds for Farmers Union Grain Terminal Association . . . . . . . . . . . . . . . . 10 - 10 E Resolution 34-1988 adopted CENTRAL SERVICES--ACTION TAKEN: Proceeded as authorized C� Council Meeting, April 18, 1988 NEW BUSINESS �CONTINUED): Pa ge 5 � Consideration of a Resolution Consenting to Amendment of Loan and Bond Purchase Agreement Relating to Lamaur, Inc., Industrial Development Revenue Bond .... 11 - 11 D Resolution 35-1988 adopted CENTRAL SERVICES--ACTION TAREN: Proceeded as authorized Consideration of Receiving Petition No. 2-1988 From FMC Corporation Requesting 51st Way Improvements .. 12 - 12 B Received PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized • Consideration of Receiving Petition No. 3-1988 From the Department of the Navy Requesting 51st Way Improvement s . . . . . . . . . . . . . . . . . . . . . 13 And Consideration of Receiving Petition No. 4-1988 From River Road Business Associates Requesting 51st Way Improvements Tabl ed PUBLIC WORKS--ACTION TAKEN: Will put on future agenda when received • Council Meeting, April 18, 1988 NEW BUSINESS (CONTINUED): Page 6 � Consideration of Receiving Petition No. 8-1987 From Rapid Oil Change Requesting Highway 65 Service Road Improvements . . . . . . . . . . . . . . . . 14 - 14 D Received PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized Consideration of Receiving Petition No. 5-1988 From Northwest Racquet, Swim and Health Club, Inc. Requesting Improvements on Rice Creek Road and Agreeing to Participate in the Cost . . . . . . . . . . . 15 - 15 G Received PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized Consideration of Receiving Petition No. 6-1988 �From HRA Requesting Improvements on Rice Creek Road and Agreeing to Participate in the Costs ...... 16 Received PUBLIC WORKS--ACTION TAREN: Proceeded as authorized Consideration of a Resolution Receiving the Preliminary Report, Receiving Certain Petitions To Waive the Public Hearing on the Matter of the Construction of Certain Improvements and Ordering A Public Hearing on the Construction of Certain Improvements: Street Improvement Project No. ST. 1988 - 1 & 2 . . . . . . . . . . . . . . . . . . . 17 - 17 A Resolution 36-1988 adopted as revised PUBLIC WORKS--ACTION TAREN: Proceeded as authorized - set hearing for 5/2/88 per Resolution \J Council Meeting, April 18, 1988 NEW BUSINESS (CONTINUED): � Consideration of Receiving and Rejecting the Bids for Miscellaneous Concrete Curb, and Gutter and Sidewalk - 1988 Received � Pa ge 7 And Consideration of a Resolution Reordering Advertisement For Bids; Removal and Repl.acement of Miscellaneous Concrete Curb, Gutter and Sidewalk - 1988. ........ 18 - 18 E Awarded to low bidder J& O General contractors for $32,954 PUBLIC WORKS--ACTION TAKEN: Notified low bidder of Council approval Consideration of Receiving Petition No. 7-1988 and Consideration of Removing the "No Parking" Signs on the East Side of Hayes Street Between 73rd Avenue and Onondaga Street . . . . . . . . . . . . . . . . 19 - 19 C Received PUBLIC WORKS--ACTION TAKEN: Filed petition & staff will remove 'No Parking' signs Claims . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Approved CENTRAL SERVICE--ACTION TAREN: Paid claims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 J Approved CENTRAL SERVICE--ACTION TAKEN: Issued licenses Estimates . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 J Approved CENTRAL SERVICE--ACTION TAREN: Paid estimates Consideration of Change Order No. 5 with TKDA for Commons Park Treatment Plant Improvements . . . . . . . . . . . . . . . 23 •Approved for 52,700 PUBLIC WORKS--ACTION TAREN: Proceeded as authorized ADJOURN: 10:50 p.m. � �� . � COUNCIL M�ETING, APRIL 18. 1988 . � �. , . PA GE 2 CONS I DERAT f ON OF A VACAT f ON, SAV #87-12. TO VACATE THAT PORT I ON OF THE SERV I CE ROAD LY I NG EAST OF AhD ADJACENT TO TRI;NK HIGHWAY 65. BEING A PART OF LOTS 16 AND 17 , AUD I TOR' S SUBD I V I S I ON N0. 88 . ANOKA COUNTY, MI NNESOTA, GENERALLY LOCATED AT 6257 H� GHwAY 65 N, E, , BY SHOREWOOD PLAZA PARTNERS ....... 2- 2 G 1; � : CONS I DERAT I ON OF SECOND READ I NG OF APti ORD I �JANCE APPROV 1 NG A REZOiv I NG, ZOA #87-�1 , TO REZONE FROM R-3 . GEP�ERAL MULT I PLE, TO C-2, GEIVERAL BUS i NESS. ON LOTS 23 AND 24 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, THE Sar�E BEir�s 6501 EAST RIVER ROAD N,E. . BY CHRI STENSEN AUTO .... �W BUSINESS: ....3-3B CONS I DERAT I 0� OF F I RST READ I NG OF AN ORD I NANCE RECOD I FY I hG THE FR I DLEY CI TY CODE BY ADOPT I NG A NEW CHAPTER 405, ENTI TLED "CABLE TELEV I SI ON FRANCHISE" AND REPEALING OLD CHAPTER 405. ENT l TLED "CABLE COMMUN 4 CAT { ONS FRA(VCH I SE" AND GRANTING A FRANCHISE TO NORTEL CABLE ASSOCIATES L. P. TO OPE RATE ANQ MA I NTA i N A CABL E TELEV I S I ON SYSTEM IN THE CITY OF FRIDLEY; SETTING FORTH CONDITIONS aCCOMPA�YING THE GRANTING OF THE FRANCHi SE PROV IDI NG FOR REGULATI ON AND USE OF THE SYSTEM; ANQ PRESCRI BI �1G PENALTI ES FOR THE VIOLATf ON OF THE PROVISIONS OF THIS ORDIP�ANCE . . . . . . . . , . . 4 - 4 EEEE COUNCIL M�EETING. APRIL 18, 1988 : ► 1► � 1 PA �E 3 RECEIVE THE h11NUTES OF THE FLAN�ING COMMISSION h'�ET I NG OF APR I L 6. 1988 . . . . . . . . . . . . . . . . . 5 - 5 I A. CONS I DERAT I ON OF A LOT SPL i T, L. S. �88-02. TO SPL IT THE WEST 13 FEET OF LOT 3� (EXCEPT THE WESTERLY 120 FEET), BROOKVIEW ADDITION. THE SAME BEING 1255 - 66TH AVENUE N.E.. BY TERESA AND �OHN GIBSON PLANNING COMMISSION RECOMMENDATION; APPROVAL W i TH ST I PUL AT I ON S COUNCIL ACTION NEEDED: CONS4DERATION OF RECOMMENDATION ANO CONSI DERATI ON OF A RESOLUTI Oh APPROV I NG A SUBD I V I S I ON, LOT SPL I T, L. S. 88-i32. TO SPL I T THE EAST 13 FEET OF THE WEST 133 FEET AS MEASURED ALONG THE NORTH AND SOUTH L I NE S OF LOT 30, BROOKVIEW ADDITION CONS i DERAT I ON OF I�lA I V I NG A S I GN PERM I T FEE FOR FR 1 DL EY H I STOR I CAL SOC 1 ETY . . . . . . . . . . . . . . . . b - b D COUNCIL MEETI NG. APRIL 18, 1988 : 1 � 1 PA GE 4 RE CE I V E TH E M{ N UT E S OF TH E CATV ADV I SORY COMM I S S I ON OF FE BR UARY 23 , 1988 . . . . . . . . . . . . . . . . . . . 7 - 7 H CANS I DERAT I ON OF SETT I NG PUBL I C HEAR i iVG FOR THE REALLOCATION OF 1986 AND 1987 COM�"UNITY DEVELOPMENT BLOCK GRANT FUNDS . . . . . . . . . . . . . . . . . . . . 8 - 8 D CONS I DERAT I ON OF A RESOLUT I ON AUTHOR I Z I NG AND �I RECTI NG THE SPL ITTI NG OF SPECIAL ASSESSMENTS ON: AUDiTOR'S SUBDIVISION #88, LOTS 1 AND 2. PIN N0. 13-3H-24-31-0001 AND AUDITOR'S SUBDIVISION �88. LOT 3. Pi rv No. 13-3Q�-24-31-0002 . . . . . . . . . . . . . . . . 9 - 9 B CONS I DERAT I ON OF A RE SOL UT I ON CONSE NT 1 NG TO � AMENDMENT OF LOAN AGREEMENT RELATING TO INDUSTRIAL DEVELOPMENT OF REVENUE BONDS FOR FARMEP,S UNION GRA I N TERM I NAL AS SOC I AT I 0� ................ � P1 - 10 E COUPJCIL M�EETI NG. APRIL 18. 1988 : ► 1 1 PAGE 5 CONS I DERAT I ON OF A RE SOL UT I ON CONSE NT I NG TO AMENDMEhT OF LOAN AND BOND PURCHASE AGREEMENT RELATI NG TO LAMAUR, (NC.. INDUSTRIAL DEVELOPMENT REVENUE BOND .... 11 - 11 D CONSIDERATIOh OF RECEIVING PETITIOIv N0, 2-1988 FROM F�iC CORPORATI Olv REQUESTI NG 51ST I�lAY IMPROVEMENTS .. i2 - 12 B CANSIDERATION OF RECEIVING PETITION N0, 3-1988 FROM THE DEPARTMENT OF THE NAVY REQUESTI NG 51ST WAY (MPROVEMENTS . . . . . . . . . . . . . . . . . . . . . 13 AND CONSIDERATION OF RECEIVING PETITION N0, 4-1988 FROM RIVER ROAD BUSI NESS ASSOCIATES REQUESTI NG 51ST WAY IMPROUEMENTS � 0 COUNCIL N�ETI NG, APRIL 18, 1988 : I► ► 1 PA GE 6 CONSIDERATION OF PECElVING PETITIOh N0. 8-1987 FROM RAP I D O I L CHANGE REQUE ST I NG H I GHWAY 65 SERV I CE ROAD IMPROVEMEhTS , , , , , , , , , , , , , , , , 14 - 14 D CONSIDERATION OF RECEIVING PETITION N0. 5-1988 FROM I`IORTHWEST RACQUET, SWIM ANG HEALTH (�UB. INC. REQUESTI f�G IMPROVEMENTS ON RI CE CREEK ROAD AND AGRE E I PJG TO PART I C I PATE I N THE CO ST .,.,..,,,,, 15 - 15 G CQNSIDERATION OF RECEIVING PETITIO� N0. 6-1988 FROM HRA REQUESTI NG IMPROVEMENTS ON RI CE CREEK ROAG AND AGREEI P�G TO PARTI CI PATE I N THE COSTS ...... 16 CONSIDERATION OF A RESOLUTIO� RECEIVING THE � PREL IM I NARY REPORT, RECE IV I NG CERTA! P� PETI TI ONS �� . TO WAIVE THE PUBLIC HEARIP�G ON THE MATTER OF THE CONSTRUCT I ON OF CERTA I �! IMPROVEMEhTS AND ORDER I P�G A PUBL I C HEAR i NG ON THE CANSTRUCT I ON OF CERTA I N IMPROVEMENTS: STREET IMPROVEMENT PROJECT - No. ST. 1988 - 1 � 2 . . . . . . . . . . . . . . . . . . . 17 - 17 A COUPJC I L NEET I NG, APR I L 18. 1988 a � ► � ►1 ► � PA GE 7 CONSIDERATION OF RECEIVING AND REJECTING THE BIDS FOR MISCELLANEOUS CONCRETE CURB, AND GUTTER AND SIDEWALK - 1988 AND CONSIDERATION OF A RESOLUTION REORDERING ADVERTISEMENT FOR B I DS; REMOVAL AND REPLACEMENT OF MI SCELLANEOUS CONCRETE CURB, CUTTER AND SIDEWALK - 1988, ........ 18 - 18 E CO�SIDERATION OF RECEIVING PETITION N0. 7-1988 AND CONSIDERATION OF REMOVING THE "NO PARKING" SIGNS ON THE EAST SIDE OF HAYES STREET BETWEEh 73RD AVENUE AND ONONDAGA STREET . . . . . . . . . . . . . . . . 19 - 19 C QA�MS ..........................20 L I CE t� SE 5 . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 J EST i MATE S . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 � G11�I�Ii1:7 �� CMµ�`I TY�e Regular Meeting aF the Fridley City Cour�il was called to c�der at 7:35 p.m. by Mayor Nee. PLIDG'E OF ALLi�]GIANCE : Mayor Nee led the Council and audience in the Pledge of Allegiance ta the Flag. RULL C.�LL : N��ERS PRES�TTP: N�iyor Nee, Councilman Billi.ngs, Cbuncilman Fitzpatrick, CbLmcilman Schneider and Cbuncilwanan Jorgens� MEI�3ERS ABS'ENT : None PROQ,AMATION: FAIR HCnTSIlVG MJNI'H - APRIL. 1988: Mayor Nee read and issued a praclamation proclaiming the month of April, 1988 as Fair Housing Month. He urgec] citizens to join with the Anoka County C�munity Housing Resource Board and the Anoka Clounty Board of Realtors in this observance by taking an active part in �ngrams sponsored by these two organizations in helping make FY�idley a better place to live and work. 1�. Dan weeding, Anoka Cbunty Bo�ard af Realtors, received this proclamation and thanked Mayor Nee and the Councilmembers for issuing the proclaanation. fj• �:.�. �i��u ��ii�i .� O�UNCII, MEETIl�G. N�RCH 7, 19 88 : NYJTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Cour�cilman Billings. LTpon a v�oice vote, all voting aye, Diayor Nee c3eclared the motion ca.rried. �an�mously. ADOPTION OF AGF�QDA: The follaaing item was added as Item 25 : "Consideration of a Resolution Opposing Funding Mechanism Associated with S.F. 1928." M7I'ION by Councilman Schneider to adapti the agenda with the �bove addition. Secce�ded by Councilwcman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared th,e motic� carried imanimausly. OPIIJ FL�R[JM. VISITORS: -1- F'RI�7 CTPY O�UNCIL MEE�TING OF 1�+,RCH 28, 1988 ROGER BI,OHIK - ANI�KA ARF�A Q7[JNQL �R PERSONS WI'1%I DISABILITIES : Mr. Blo�a►1 stated Mayor Nee appointed him as representative to the Anoka Area Co�cil for Persons with Disabilities. He sta.ted the Anoka Area Council is making pec�ple in Anoka CbunLy aware of their activities by having members speak to various �ganizativns and cities. He stated they have vu+�rked with tibe Hianan Resource Board in txying to pz�avide better accessibility to the handicapped in Columbia Heights. He stated it is Yr�ped FYidley will update their handicapped accessibility and they piropose to exg�-u1d their activities at the Islands af Peace Office. Mr. Blohm stated their crrganization is working to raise funds to provide scholarships for disabled high sclx�ol graduates. He stated they assist the disabled in solving problezns by directing them to the proper gavernment agencies. He stated they are continually working on removal of architecturat barriers to pravide better accessibility for the handicapped. He stated the transportaticm issue is �e af the major prablens. Mr. B1ohm stated he would appreciate any assistance in this area. He stated he attended meetings at Rise, along with other organizations, and they are atte�npting to apen a branch in FYidley Iocated near Unity Hospital to assist the handicapped. Mr. BZohm stated memberships and grants in their organization are necessary in order to continue their service to the handicapped. He stated they want Anoka County to be rnunber cme in Minnesota for helping the disabled. Mayor Nee thanked N�. Blatan for taking cn this j ab because he lmaas there is a lot af work involved. Mr. B1o1�1 stated it is very gratifying to knaw they are assisting tha disabled. Mayor Nee stated in regard to the transportation issue, he will again reinfarce the importance to the North Stiiburban Mayors' Coimcil. Cbuncilman Billings stated the Htunan Resources Commission is currently revicwing t't��eir plan for the �xt s�veral y�ears and suggested to Mr. Blohm that he contact Mr. Hunt, Assistant to the City Manager, who is the staff liaisan far the Htanan Resources C.urcnissi�. Mr. Blotan s�ated he has spoken wi th Mr. Hunt, however, what he wi shed to do is have staf f escort scn�on,e in a wheelchair around the City Hall so they are aware of what problems they face. S'PEVE TAIQ�E, 6311 7�i STREET: Mr. Takle stated eleven years ago there v�ras discussio� at a Council meeting regarcling Village Green which was then a duck pond. He stated there was discussion abaut the multi-faQnily units and the question asked repeatedly whether the area along 63rd and 7th Streets would be single family c�►ellings. He stated he was oon+cerned about duplexes being aonstructed. He stated the residents were assuxed by the Council, at that time, and Mr. Rahn, representative for the C�nadian Financial Cbrparatioaz, that they were to be single faani.ly dwellings. Mr. Takle stated several units have been caristnicted and are being built as duplexes. He stated he has contacted the City staff and believes there is a technicality in the ar�dinance. He asked -2- FRIA� CI'I'Y 47UNCII.� N�,TIlVG OF 1�RCH 28, 1988 what the City is planning to do ca1 this issue. NL�yor Nee thank�ed Mr. Takle far bringing this to the �i1' s attention and stated staff is oontinuing to w�ork cn the issue. Mr. Rd�ertsc�, Q�mn�nity Develog��ent Director, stated there is an ambiguity in the way the zo�ing ardinance defi.nes single family dwellings that leaves an interpretatiari that it oould be occupied by five imrelated persons. He stated these single family/duplexes have one main entrance and a common foyer. He stated if it is found they are essentially being operated as duplexes, the City can enforce the code because there is a definition for a two fami�y c3welling. Mr. Herrick, City Attorn�y, stated his office has sent a memo to the staff � this issue and the structure that is being oonstructed, in his opinion, is a two famly ck�relling although the way they are building it is ca�nauflaged sar�what. He stated it is his opinion that the builder of those 7rmes is in violati� in the spirit and letter af the law and would suggest the Council give direction to the City Manager as to i�aw to pY�oceed. Councilman Schneider stated Mr. Takle contacted him about a month ago regarding this matter. He stated he does agree with his position and sanething has to be c7�o�e to close the loaphples and oorrect the situation. Mr. Takle stated so far this hasn't created any problems, but there still are sane empty lots where other dwellings will be constructed. Cbuncilman Billings stated the Cotmcil has received many co��nunications on the issue and it will be addressed. He stated the six structures that are currently there are licensed as single fami].y rental units, not duplexes. He stated if a change in the c�dinance is required, it is sanething that cannot be taken lightly as the ar�dinance shouldn't be so structured that families ooulchz't live together. Councilsnan Billings stated the situation across fran A�. Takle stnuld be resolved shortly. PUBLIC HEARIl�S: 1. �1SIDERATION OF A FINAL PLAT, P. S. �187-07 , HEATFiER OAKS, BEIl� A REPLAT OF I,OT 16, EXCEFI' THE EASP 33 FEh�, AUDIZ�OR' S SUBDNISION N0. 92, AND 0[]TLa!' A. ACJI�RN HILLS ADDITION, AND THP,T PART OF LCyI' 14, AUDIZC)R' S SUBDIVISION 1�. 92, WHICH LIES EAST OF THE WEST 165 FEET THEREOF, AND LOT 25, AUDITOR'S SUBDIVISION N0. 92, EX�PT TF1E 9�RI,Y 150 F�I' INCLUDII� A RIGHT OF WAY, AND ALL THP,T PART OF LOT 24, AUDITUR'S SUBDNISION N0. 92, EXCEPT THE SOUTH 150 FEET OF Tf� EA.ST 80 FE�7r OF SAID LO►I' 24, INCLUDING A RIGHT OF WAY, ALL �Ar,ry LOCATED AT 5980 STINSON BOULEVARD N.E., BY BRICKNER BUILDERS C7C�Fi'I2VITED F1tOM 3 88 AND CUNSIDERATION OF A RESOLUTION APPROVING A FINAL PLAT, P.S. #87-07, BY BRIC�R BUILDERS: NDTION by Couricilman Sci�u�eider to reapen the public hearing on this final plat, P. S. #87-07 . Secc�ded by Counci]m�l Fitzpatrick. Upon a voice vote, -3- FRIDi,F.'Y CI'i'Y QXTNCTI, I��Il�IG OF N�RC�I 28, 1988 all voting aye, Mayor Nee declared the motion carried unanimously and the public heari.ng recq�ened at 7:57 p.m. N�. Rn�erts�, Cccnnunity Devel�nt Director, stated the Cbuncil continued this publ ic hearing f ran NL3rch 7, 19 88 in ar�der to give staf f an apportunity to review the drainage plan for this plat. Ae stated there are some construction details to be worked out and these are added to the stipulatians. Mr. Roberts� stated the private c�iveway easement cn the Ettel property to the street will not be used for any new utilities and the existing utilities � this property will not be affected by this plat. Mr. Robertson also added to the stipulatioa�s th+e requirement for turf restoration of the old driveway � the Ettel property upon canpleticn of the cul-de-sac. N�. Thill, 5961 Benjamin Street, stated his lot is in the Acorn Hills Additio� and he questioned the actual lot line along the west edge of the Briclmer develaFanent. He stated the current stake is about 18 incl�s to the east af where Mr. Briclmer's surveyor has placed the stake. He stated it looks like he is losing about 18 inches of his property. Mr. Bric]Qrer stated the discrepancies taking place oaz tY�e boundaries will be addressed. Mr. Hezrick, City Attorn�y, stated he felt the entire arna is n�torious for gaps and werlaps. He stated it could be that two pieces of property that are suppose to abut may not cb so because af past survey errors that may go back as much as 50 years. He stated what needs to be done is to make certain that this plat does r�t overlap cnto any adjacent plats. He stated it may very well be that there will be a small strip of property between this plat and sa� af the adjacent plats that isn't in either of the plats. He stated he didn't beli�ve it is terribly ii�ortant as 1o¢ig as th,e gaps are on the exterior and not the interior of the plat. He stated to attempt to resolve all of the surveying problens is a much bigger problen than prablems that arise with this plat. He sta.ted staff shr�uld attempt to make certain if there is an error, the error should be towards leaving a gap rather than creating an averlap. He stated the plat has to be approved by the County surveyor and he is well aware of the prablens. He felt between City staff and the County Suxveyor's office, it should be worked out as well as practically possible. � N�. Thi.11 stated it depends where you take yaur measurenents and if they are take.n fran Benja�ni.n Street, it mwes the line wer another 18 inches. Mr. Herrick stated this is an example af how this came about in the first place. He stated if the property is surveyed from the east and then sunreyed frccn the west, gaps and overlaps result. He stated in the Auditor's Subdivision created. i.n 1936, the lines don't coincide with the quarter line of the section. He felt Mr. Brickner, staff, the County SuYVeyor and r�eighbors will have to came up with a practical solution that d�oesn' t hurt anyome. -4- FRIDLE�'Y QTY Q7CINQL MEEP71�]G OF Ng1R�i 28, 1988 Mr. Rd�ertsce� reviewed the nine stipulatioa�s attached to this plat and the additions to stipulaticns 2, 6 and 7. Mr. Flora, Public Works Directar, stated the drainage to the rear of the lots will be draining to fi.he depression where it na�mally drains. He stated drainage fran the front yards will drain to the catch basin on Stinson Boulevard. He stated the ma.j or portion of the lots will drain in the cul-de-sac, piped to the rear o� the lots to the existing and exganded poa�d, and then piped Lmder Stinsca� Boulevard to the New Brighton drainage system. Cbuncilman Schneider stated this is the f irst i�e has aeen of th�e poa�ding and asked if the existing contvurs will remain. Mr. Flora stated the amount of flaw to the existing depression will be faster and a new exit pirovided. He stated the pipe fran the cul-c�e-sac will have a concrete swa]_e fram the autfall to the va�ir. Cbuncilman Schneider asked. if there vuould be any drainage cnto the existing hcmes. Mr. F'lora stated the contaurs are n�ot changing and any drainage will be held within those lines. He stated a concrete spillway would be pravided about three feet wide for the water to drain. He pointed out � the c�ainage plan that piping is st�awn in red and the markings in blue i.ndica.te starag�e areas. Cbuncilman Billings stated at the Planning CarRLi.ssion meeting, Mr. Wager had concern abvut a starm drain alo�g the line where the Mitchell/Ettel/Wager Px'o�ertY meet. I�. Flora stated sameone put about a six ir�ch pipe into the curb. He stated with this �mpravement, a larger pipe vaould be installed leading directly to the storzn sewer across the street into the N�w Brighton systan. N�. Ettel, 1641 Gardena Avenue, stated there is a catch basin there that drains l�ck to the street. Mr. Ha.rlan Hansccm, 6000 Stinsoa� Boulevard, stated at this ti.me he has no standing water on his property. He stated his concern is if lots are filled, his t�ane would be the lawest cm ttaat oorner and he may be flooded. He stated the third lot in the n�theast corner was �g way dawn and there must be a ten foot drap. Mr. Flora stated he dic�i't see the depressio� becaning a proble�n. Mr. Tom Bricla�er stated their px�posal w�uld reduce the water into the depression on the northeast corner. Cbuncilman Schneider asked if the holcling poa�d was Mr. Briclmer's design or th�e City's design. Mr. Bricker stated that is the natural contour so it works out vexy well�to use as it will be in the iiack yards aF the new hoanes. He stated with the overflow pipe, it coulc'hi't possibly flood ariyone vut. He stated it may be a slightly different shape than it is r�aa and, basically, all tt�y will do is -5- FRID�,'Y QTY Q7[JNCIL N�TIl� OF NF�,RCII 28, 198$ clean it up, install the spillway and sod the yards up to the spillway. Cbuncilman Schneider asked if there woul.d be any encroachment of water to the three ixxnes ari Stinson Boulevard along the side o� the hplding pond. Mr. Brickner stated the bottan will be designed so water drains into the pipe and rzot into the yards. He stated it woulc�'t create any problems at all as it is designed to nm cut before it would flood any�e's ixx�ie. Mr. Ettel stated the corner hon►e had some water problems. He stated, hawever, it hasn't been a prablem since the catch basin was added. C.bunci]man Schneider asked if there were funds set aside to remedy any prablgn.s which may arise. He stated he was concerned because so�ne holding ponds in ttae �.st haven' t wc�rked as planned. Mr. F'lara stated in the prablen with the (xeekridge development, there were same adjoining properties that were laaer than the holding pcmds. He stated with heavy rains, those ponds werflowed. He stated in this case, the pond which naN has a minimtun autfall, will have an improved �tlet because a new pipe will be installed into the existing systan providing a better flaw out of the area. Cbuncilman Schneider asked if staff was confident this plan doesn't have any in�act a1 existing Y�s and if there is a prabl�n, the City would take care af it. Nh�. Flora stated there should be n� prablans with water draining onto these h,ames. He stated the amaunt of water would be controlled and an outfall prwided. Mayor Nee asked the difference in elevation between the hames and the cantours. Nh�. Flora stated there is a co�siderable drop in tYie back about three to four feet to the bottan af the �ond and a two f oot drop f rcan the hpuse to the pxaperty line. Councilman Schneider stated farther south on Stinson Boulevard there has been sane flooding behind the homes on the Fridley side for a number of years. He asked if this develc�n�ent would have any impact. N�. Flora stated the normal flaw of the water is to the north and there should not be any problens. Cbunciln�an Billings stated frcm what is being proposed, Lots 1, 2 and 3 aIl drain to the riorth and the frant half drains to the sauth. Mr. F'lora stated there is a ridge line as a hi�i point through the property and the water would normally drain in two directions. He stated with co�structio� af the i�anes in this plat, the property will be sloped to the street so the street beccmes a oollector far� all the front ya� drainage. Mr. Qurnshi, City Mar�ager, stated the point should be made that presently � FRIDLEY CITY Q7UNQL MEETIl�IG OF N�,RCH 28. 1988 there is no autlet far the system. He stated if the system is designed prriperly for Stin.so� Boulevard, it shauld be at least faur feet deep with an outlet to connect to the New Brighton systen. Cbuncilman Billings stated his oor�cern is that water doesn' t drain through I�. Wager' s hane. He asked if the f inal plans are worked aut. Mr. Flora stated the City does n�t have the fi.nal drawings at this time. Cb�cilman Schneider stated he would propose that $15, 000 from the City' s stornn sewer fur�d be dedicated for a period of up to five years far drainage prablens which may occur as a result af errors in the drainage plan and/or engineering. Cbuncilman Billi.ngs asked Councilman Schneider if he wasn't oanfortable with the c�ainage plans because he has r�ot seen the final plans. Councilman Schneider stated in past experiences with holding ponds, there always seens to be a problen. He stated if the City approves the drainage plan and it doesn't work, t,he City shpuld correct the prablem. Cbuncilman Billings stated he is concerned about the drainage and felt it should be �orrect when the plan is approved. He felt this item should be tabled Lmtil the Gouncil receives the final drainage plans. Cbuncilman Schneider stated even when the final drainage plan is submitted, he is not sure it wrnald change his positi�m since he is very car�cerned abaut any h�lding ponds as he felt they haven't worked in the past. N�. Qureshi stated stipulatian No. 4 prwides for storm sewer assessments and this should cover ariy problens si�uld th�y arise. Mayor Nee stated this is an issue wi�ether ar not the drainage system will work. He stated he cannot see the general taxpayers p�ying to guarantee the plan. Mr. Hazvey Wa9er, 5940 Stinson Boulevard, stated there is a six inch corrugated culvert caming aut of the catch ba.sin csi the west side o� Stinsoa� Boulevard. He stated he installed it and the pipe ccmes within five feet of the retaining wall of his ga.rage. He stated he installed a four inch plastic pipe back to the corner and macle a ca.tch basin 12 to 14 ir�l�es deep. He stated that has about a three inch fall frcm the pond to the catch basin to the street to the east. Nh�. Wager stated hs dich�' t think there was roc�r► far a cFSnent spillway. A pipe will be �d �rt of the way and if this is dcne, he will be flooded. He felt the pipe sY�uld be located close to where it is now. He stated tYbere is a deeper area, but there isn' t any fall in order for the water to get aut to the street. Cbuncilman Billings stated there is only a three foot fall frcm the back of N�. Wagpx' s door to ttve bottan of the ditch. I�. Qureshi asked th�e depth o� the catch basin on the east side of Stinson -7- FRIDLEY CITY QXJNCII, N�ETIIVG OF NARQi 28. 1988 Boulevard. Since this questio� oould not be answered, Dsr. Qureshi stated this iten could be tabled to the next meeting and he guarantees the Council will have all the inforn�atcai r�eec3�d � the c�ainage. NDTION by Cbuncilman Schrbeider to oontinue this public hearing to April 4, 1988 and direct staff to ar� back with additioa�al drainage infomiation and proposal oaz how corrections would be made, if there are errors in the plan. Secomded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously. 2. C�ONSIDERATION OF A REZONING, ZOA #87-01, TO REZONE FROM R-3, GENERAL MJLTIPLE DWELLING, TO C1-2, G�AL BUSINESS, ON LOTS 23 AND 24, TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, ACCORDING TO THE PLAT TF�REUF ON FILE AND OF REO�RD IN � OFFICE OF THE COUNTY RECORDER IN AND FOR ANOKA Q7tINPY, MII�IIVESO►I'A, THE SAME BEIl� 65 O1 EAST RIVER ROAD N. E., BY Q�2I5'I� iVVS�N AL]'I'0 BODY: NDTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and c�en the public hearing. Seconded by Cbuncilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried imanimously and the public hearing crpened at 8:58 p.m. N�. Robertson, Co�ununity Development Director, stated the Planniag Cam�ission reviewed thi.s rezoning request at their March Z1, 1987 �eting and recc�m�e.nded apprwal to the Council with stipulations. He stated this item was tabled by the Council on April 6, 1987 at the request of the petitioner, Nfr. Ctaristensen, in order for him to work out same questions regarding the right-af-way. I�. Robertson stated the petitioner would pravide an easement for snaw storage and sign placenent along the west seven feet of Lots 21 through 29 for County purposes. He stated t,he triangular piece previously requested is not required by the Cbunty. He stated shr�uld the City decide to implement urban desi� standards. Mr. C�ristensen stated he wouldn't be opposed to granting arYy easgnent for plantings ar� paving. He stated the stipulations have been revised to reflect this canprani.se. Mr. Robertson stated in oo�junction with this rezoning request, there are scme related requests far special use permits and variances. He stated the special use pezmits are for autside storage c� Lots 25 - 28, a repair garage in C-2, and g3rking � 1�3 for principal u� ce� adjacent lots far Lots 25 - 28. Mr. R,�bertson stated the variances are for reduction af planting buffer between R-3 and 1�1 zonings frcm 15 to 0 feet, reduction of building setback adjacent to 1�-1 zoning fran 50 feet to 11 feet, and reduction of planting buffer betwen C-2 and R-1 zoni.ngs from 15 feet to 0 feet. He stated the special use permi.ts and variar�ces wauld be c�nsidered at the time of f irst reading af the rezo�ing ar�clinarbce. Cbuncilrnan Fitzpa.trick asked about the bikeway/walkway. Mr. Robertson stated the bikeway/walkway could be installed in the right-of-way. He stated the question is if there is enaugh roan far� snau storage. � FRIDi�Y CITY C)0lJNCII, MEETING OF NARC�i 28, 1988 Mr. Flora, Public Works Director, stated the County proposes to install the bikeway/walkway om the w�est sicle of East River Road and dic�'t make an issue of an easenent c� the east side. I�. Richard Kanper, 7857 Alden Way, member af the Unitarian Church, stated his �ly coa�cern is the easanent that curre.ntly exists � the r�arth side of the green area leading to the cenetezy. He asked what intpact this rezoning wauld have ori tt� easenent. Mr. RQberts� stated a stipulation of the special use permit is that the garking and storage area be constructed in a manner which respects the existing=cenetery and saves all existing trees not located in the future paved area. N�. Kanper stated there is a boumdazy between the cenetezy and storage area and asked if there would be changes from what naw exists. Mr. Robertson stated he didn't believe there would be any major change, except the addition aF a fence. Mr. C1�ristensen stated in the area between the cemetery fence, there is about six feet they vaould not touch and leave Lot 29 ca�letely alone so it shaulch�'t affect the cenetery at all. No other persons in the audience spoke regarding this proposed rezorLing. MyI'ION by Councilman Fitzpatrick to close the public h�earing. Seconded by Councilman Billings. LTpon a voice vote, all voting aye, Mayor Nee declared the motion carried �usly and the public Y�earing closed at 9:08 p.m. OLD BUSIl�SS: 3. C�IVSIDERATION OF REVISED 0.�NIPREE�TSIVE SIGN PL�AN F�DR RIVERBOAT PLAZA, 7899 EA.ST RIVIIt ROAD N. E. ( O�NrIlV[TED FROM 3/7 /88 ): Mr. R,obertson, Co�tm►unity Development Director, stated the awner of the Riverboat Plaza Shopping C7enter appeared before the Council on March 7. 1988 to appeal the Council's decision on the camprehensive sign plan apprwed July 20, 1987. He stated the Council approved this si� plan with deletion o� the reader board and a stipulatiari that future sign permit appraval be based oa1 the implane�itatic� af the landscape plan. He stated Counczl has decided the landscape stipulati� slwuld be deleted as part of the appraved sign plan since it has rx� relevance to si�age. Mr. Robertso� stated staff has worked with Mr. Klus and is reccmnending the reader ba3rd be regulated as a temporaiy sic,� per the o�dinance. He stated the ardinance states that te�oraxy signs are allawed three times per year per business for n�o�co�secutive 10 day periods. He stated the portapanel has been used by the shopping center's seven businesses f� appr�ximately 90 days this year. He stated, as a whole, the shopping center could use a tenporazy sign for up to 210 days per year, therefore, there are about 120 days left in the year for a pezmitted tenporazy si�. Mr. Robertson stated staff is reca�e.nding that each tenant be allawed to use a temporary sign -9- FRIDL�,'Y C�'I'Y Q7UNCII., N�,TIl� OF N�RCfi 28, 1988 two more times this year for naricansecutive 10 day periods. He stated staff f eel s the sign shoul d be ranoved f ran its i�lanted state by April 15 , 19 8 8 to make it actually portable. N�. Robertso� stated landscape vptions were also discussed with Mr. Klus. He stated i�. KLus can impl�nt the present landscape plan approved in 1978 or anoti�er plan designed by the City. N�. Rcabertson stated Mr. Klus would have bids oaz each plan and determine which will be implenented. Cb�cilman Fitzpatrick stated his coa�cept o� a portable sign is a sign that cames and leaves the presnises. He stated it never occurred to him that seven busir�esses in a stare front arranganent w�uld each use it for a 10 day period as mar�y as three times a year to bring the total to 210 days af use. Cotmcilman Schneider stated the reader baard was to be just a t��rary si� and no ca�e esivisicmed a shapping center could have several there almost all the time. Mr. Herrick, City Attorney, stated fram the enforcement standpoint, the simplest way is not to permit them at all. He stated if they are to be permitted, then the question must be addressed haw of ten they can be used and if uses are based � the prenises ar rnunber aF tenants. N�. K1us stated he did scx�� research and f ound he doesn' t own the reader board at the shopping center. He stated the sign can be lifted and maved. He stated his tenants have taken out a pernnit for this sign and he has advised them when this permit expires, they are to remove it. Mr. Klus stated the reason this reader board sign was used was because the pawer was disconnected frcm the pyl� si� of which he was not aware. Nh�. Klus stated the pyl� sign conforms to the ordinance and a deternunatian will be made if it is cost effective for the reader baard inforn�ation to be placed cn the existing si� as the cost would be about $3,000. I�. Klus stated he is in the process af abtaining bids for the landscaping and will decide which plan to implenent wi�en these bids are received. MYI'ION by Councilman Fitzpatrick to apprave the carrprehensive sign pl an f or Riverbaat Shopping Center, 7899 East River Road, as st�wn oa1 Pag+e 3 C of the agenda, with the deletion of the words "plus the detached separate reade�board sign" under Secticei A-1 and deletion of Section A-2 pertaining to the use of the reader-board sign. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. Cb�cilman Fitzpatrick felt staff and the City Attorney should bring ba.ck inforniati� as to whether or not the reader board or portapanel si�s should be permitted. Cb�cilman Schneider stated he would ooncur, hawever, he felt the City n�eeds to not csLly ac�dress portable signs, but other items u.�ed in �anotions such as banners, balloons, etc. -10- FRIDLEY CI'1'Y QxTN�.II., N�,'PING OF NARCH 28. 1988 Cbuncilman Billings stated l�e believed staff has prepared information on portapanel siclns for the Flann; ng ��.ssion' s review. N�. RQberts� stated it is an ac�ninistrative headache to properly enf orce this c�dinance. He stated p3rt of the prablen is that these p�rtable signs are usually rented om a mo�thl.y basis and people do not want to only use th�an far� 10 days as is pezmitted by the ar�dinance. Cotmcilman Fitzgatrick asked if there would be a problem outlawing these signs. Mr. Herrick stated h�e doesn' t laww how af ten they are being used and how the business cammuni ty woul d respond, but f rom an enf orcement standpoint, it would be easier mt to permit then at all. Councilman Fitzpatrick felt the Council should probably wait for a reca�mendation fram the Planriing Ccnmissioa�. 4. Ct�NSIDERATION OF REVISED O�REE�NSIVE SIGN PLAN FOR MOON PLAZA SHOPPING CENPER, 6201 LlNI�TERSITY AVIIV[JE N.E., (OI�NrIl�UID FROM 3/7/88) : Mr. Robertso�, (]aRmunity Develo�nent Director, sta.ted at the March 7, 19 88 meeting, the Council denied the request of Mr. Gearnian, annzer af MQOn Plaza Shopping Center, for a revised sign plan. He stated staff contacted Mr. Gearman and discussed options of either resubmitting a new signage renodeling and facade plan or enforcing the present camprehensive sign plan. He stated N�. Gearn�an ci�se to enforce the present sign plan by working with the tenants and City. Mr. Robertso� stated Mr. Gearman should require all businesses with nonconfornning signs to come into compliance with the appraved sign plan by June 18, 1988. Mr. RQbertso� stated the G�ty Attorney's office researched the problem of si� amortization and r�co�forming uses may be eliminated by mimicipalities after a reasonable anortization period. He stated the courts have found that signs have been fully aanortized after a period of three to four years. He stated in this case, all nonconf ozming signs have been amortized and should cunply with th�e si� plan. Mr. Rd�ertsoa� stated Mr. Kim Olsen was also oontacted to discuss the status of his nanconfornling si� for North Star Video. He stated Mr. Olsen felt he has not been given enough time to resubmit a new sign plan even though his variance expired more than a year ago. He stated staf f is recannendiiig Mr. Olso� bring his sign into canpliance by April 30, 1988. ' Ms. C�rolyn Olsen stated her husband, Kim Olson, is aut � tavn and wauldn't be back far two weeks. She stated she isn't famil.iar with this situatiari as her husband handles these issues. Cbuncilmzn Billings stated he talked with Mr. Olsen and the message Mr. Gearman gave to Mr. Olsen is that he would be doing a facelift on the shopping center and imderstood he had sane bids. He felt Mr. Olsen may be dragging his feet, hawever, he is getting so�ne mixed signa.ls fram Mr. Gearnian as to what his plans are for the shopping center. He stated it seens 1�. Olsen doesn't want to put mo��ey into a r�ew sign if he' 11 have to -11- FRIDLEY CI'PY Q7[JI�TCII, I�ErING OF NARC�i 28, 1988 replace it shortly. Cb�cilman Billings stated he understands the lease expires in Octaber and there is the possibility they may or may not renew it. He stated he doesn't want to create an tmdue hardship on the O1 sen's, but this is a situatian that has existed for quite a while and had it been resolved a 1 ong time ago, the Ol sen' s woul d not have thi s probl em. He stated he is not sure of Mr. Gearnian's plans as he is telling the tenants arie thing and the Cour�cil another. Cb�cilman Billings asked if Mr. Geannan ar his representative was present and no oa�e responded. Cbimcilman Billings stated part of the problem with the North Star Video sign is the Olsen's were told by the prior tenant that it was in co�npliance and when they applied for a permit, it was found the sign wasn' t in cc�liance. He stated if Mr. Gearman is given until June 28 to camply, perhaps N�. Olsen slwuld be allawed to keep up his sign tmtil this t�me. N�. Herrick felt the City sh,�uld oonfirm Mr. Gearman's agreement to bring the si�s into canpliance in accordance with the appraved sign plan in a letter to I�. Gearn�an and a copy to his te.nants so the tenants are advised what the agreanent is between the avner and the City. MyPION by Councilman Billings to table this iten to April 18, 1988 for more detailed inf�tian frcro staff regarding Mr. Gearnian's plans for Moon Plaza Shapping Center. Secanded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mpti� carried �usly. Councilma.n Billings stated he hoped this additional time woul d allow evezyo�e to interact regarding any plans for this shopping center. 5. OdNSIDERATION OF SETI'ING A PUBLIC HEARING ON APRIL 18, 1988 FOR A VACATION OF SERVICE ROAD LOCATED AT 6257 HIGHWAY 65 N.E., BY SHOREWOOD PLAZA PP.�R'P�RS: MyI'ION by Councilman Schneider to set the public hearing on this vacation for April 18, 1988. Seconded by Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motiari carried �manimously. 6. C�NSIDERATION OF A VARIANCE, VAR #87-41, PIIt SECTION 214.11.2.B TO INCREASE TF� 9�UARE F�OCyI'AGE OF A PYIAN SIGN FROM 80 9QUARE FEET TO 224 SQUARE FEET, ON'PHAT PART OF GOVERNMENT LOTS 1 AND 2, BEING A PART OF THE SOUTHWEST QUAR'I�R OF SECTION 13, 'I'OWNSHIP 30, R�1T]GE 24, ANOKA Q)CTNTY, MINNESOTA, THE SAME BEING 6257 HIGHWAY 65 N.E. , BY SHOREU�OD PLAZA PAR'IT]ERS: Mr. Robertson, Co�miunity Development Director, stated the developer currently is working ce� ranodeling the existing shopping center which is part aP the werall Nbore Lake Ca�ns master plan. i�e sta.ted in reviewing past variar�ces granted for signs, there is � apparent consistency between the size of the sign and the size of the site. Mr. Robertson stated the existing sign far this shapping center is 343 square feet and the developer is piroposing 224 sc,��are feet. He stated as part of the stipulations for this variance, the develaper agrees to meet the code requirenents for an 80 -12- FRIDI�Y CI'PY UO[TNCII� MEETIlVG OF MARC�i 28, 1988 �quare foot sign for the new sY�apping center. He stated the square footage o� the existing shopping center is 60,000 square feet and the proposed stx7pping center will be 54,000 square feet. He stated this 224 square foot si� vu�uld, in effect, serve as a monianent for both the existing and new shopping centers as woell as the racquet and health club. Mr. Roberts� stated the Planning Crnmission reviewed this request for the varia�ce and has recccm�ended apprwal to which staff co�curs. Cbtmcilman Schneider stated as far as signage far the two �pping centers, it wvuld involve 304 square feet of si�age. He asked about signage for the health club. Mr. Applebat.m►, the petitioner, stated as far as the racquetbal.l club, he has not seen any proposal to use a pyl�i sign. Ckiimcilman Schneider stated other s1��apping centers have less signacJe such as Holly Shoping Center with 130 square feet, Bob's Produce with 165 square feet and N1e�ard's with 180 square feet. Mr. Applebaum stated that in �der to get tenants to mwe away fran the main hi�ay, they need this Pxposure. He stated the 80 square feet allawed f or a pylon sign is tied to one tenant and they will have mariy more in this shapping area. He stated Holly Shopping Center is located right on the highway and they don't pernnit signage by their tenants because of the hig�aaay visibility. Cb1uicilman Schneider stated staff was requested to provide information regarding the size c7f si�s pezmitted in adjoining cannunities. He stated th,e average maxim�m is around 200 aquare feet. He asked Mr. ApplPhaun if it wauld be possible to redu+ce his request. N�. Appleba�n stated in o�der to prrivide 12 inch lettering, this size sign is need+�d. Cbuncilwcman Jorgenson asked if a 224 square foot pyl� sign was prwicled on the w�est, wauld t,hey rmt put oa�e on the east? Mr. ApplebaLUn stated that wasn't discussed only that they wou12�'t request ariy variances. Cb�cilman Billings stated he agrees with Mr. Applebatan. He stated if you had 12 separate stores in this area, each c�med separately, tt�y could each have an 80 square foot si�. He stated since this is not the case and it is a shapping center, he felt a need to look at the circuanstances. Cb�cilm3n Billings stated he respects Cbtmcilman Schneider's opinion that if the Co�cil grants one variance, they have to give others. He stated when the Planning Cr�nnission recatmer�ded allawing a certain rn�mber of square feet af signa� based ari the square footage of the area to be served, the Cotmcil wanted to review each on its avn merits. Cb�cilman Fitzpatrick stated he did npt lQiow where the lin+e has to be drawn o� the size, but felt this sign wauld be roo large. -13- 8. FRIDLEY QTY OOUNCII, N�,TING OF NARCH 28, 1988 Cbtuycilman SciuLeider stated. he w�uld be willing to grant a variance to 180 square feet taking into c�sideration the massiveness of the whole structure which the c�dinance doesn' t address. NDTION by Councilman Schneider to grant Vaxiance, VAR #87-41, per Section 214 .11.2 . B to increase the square f ootage of a pyl on sign f ro�n 80 square feet to 180 square feet, with the following stipulations: (1) staff resezves the right to approve the final design of the plan; f2) the new center's pyloai sign will have design consistency with the remodeled sign; and (3) the new center's sign will not be considered f or variances. Seconded by Councilwaman Jorgenson. Upon a voice vote, Councilman Schneidex, Cbuncilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor o� the motion. Cotmcilman Billings voted against the motion. Mayor Nee declared the motio� carried by a 4 to 1 vote. Cbiuzcilman Schneider stated if staff and the develc7per can came up with sane other prrsposal, he wo�uld be willing to cansider it. N�. Applebaum stated the sign is very contemporary trying to make a statenent about the c]evelapn�-nt and redevelopment of the area. He stated when it is the only sign and is located on 800 feet of frontage along the hi�way, he dich�'t believe they are aut af line requesting the 224 square feet. He stated he felt the 180 square feet wouldn't work as they would have to eliminate tw�o ten�zts. Councilman Billings stated he only wished his predecessor had taken a similar stand in regard to the 5lcyv,�ood Mall sign as they dcm't advertise any of the tenants. CUNSIDERATION OF APPOIl�TI�N'rS 'PO Z� CABLE TF.L�7ISION �N�IISSION: Cbimcilman Fitzpatrick stated he would like to naminate Robert Scott for appointrr�ent. He stated Mr. Scott is Q�ainnan of the Speech Department at the University af Minr�esota. NDTION by Councilman Fitzgatrick to naniu�ate Robert Scott, 7190 Rivezview �errace, f or appointment to the Ca.bl e Tel evi sion Coanmi s sion f or the ternn expiring April 1, 1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the m�tion carried �animously. NDTION by Councilman Billings to reappoint Barbara Hughes to the Cable Televisio� C'cnmissiaa� for the term expiring April 1, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried imanimously. Cbuncilman Schneicler stated there was another applicant who had excellent credentials, hawever, several inctianbents had indicated their willingness to be reappointed for which the Coimcil has given comsideratio�. NE,in1 SUSIl�SS : Q�NSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV -14- 9. 10. FRTI�,EY CTI'Y Q1tJNCII, NEEI'ING OF N�,RC�i 28, 1988 #87-11, TO VACATE THAT PART OF NIQ�NLEY SI'REET AS D�DICATED IN THE PLAT OF AQORN HILLS ADDITION, Z�OGE,THIIt WITH Zi� NORTI�RLY F.XTENSION OF SAID MCKINL�Y SrREEP TO TEIE 9IXJ'I�i LINE OF Tf� PLAT OF ANiBER OAKS, GENERALLY LOCATED AT 5980 STIlV90N BC�[JLh'VARD N.E.. BY BRICI�Ft BLTILI7ERS: Mr. Rcaberts�, �nunity Devel�ent Director, stated Mr. Cbstello wanteci to make sure that this vacation is oontingpnt �i final approval of the 17 lot Heather Qaks Flat and is, therefore, a stipulation af the vacati�. N�TION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with the following stipulation: (1) fina.l appraval.of vacation oontingent upo� final appraval of the 17 lot Heather Qaks Plat. Secoazded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee cleclared the m�tica� carried unani.mausly. �IVSIDERATION OF A Qk'lPREE]ETISIVE SIGN Pi,AN Ft�R 8251 MAIN SrRF�ET N.E.: N�. Rabertson, Ccetununity Development Director, stated Mr. Maertens has sula�i.itted a sign plan for his industrial development at 8251 Main Street. He stated staff recatmends approval as it is in compliance with the City Code and is aesthetically pleasing. NDTION by Councilman Billings to apprave the Coanprehensive Sign Plan for 8251 Main Street. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the moti� carried tmanimausly. 4�1VSIDERI�TION OF AN F.XTENSION OF A SPECIAL USE PERMIT, SP #86-15 , AND TO EX'I�ND 'I�iE PERIOD TE� STIP[JLATIO1vS 1�tEED � BE aDMPL�,'I'ED UNI'IL SEPTEMBER 3 0, 1�. R�oberts�, Ccnmunity Develapment Director, stated the North Suburban Hospital District will not becane the avner o� this property until June 1, 1988, therefare, they will r�ot be able tA canply with the stipulatio�s �mder special use permit, SP #�86-15 , until Septanber 3 0, 19 8 8, ra ther than June 30, 1988. MOTION by Councilman Billings to extend the time that stipulatics�s 1, 2, 3, 6, 7, 8 and 9 need to be campleted frcm June 30, 1988 to Septenber 30, 1988 under special use permit, SP #86-15. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tmanimously. 11. CONSIDERATION OF AN EXZ�iSON OF A LOT SPLIT, L.S. #82-05 LOCATED AT 7365 EASr R1VEFt RUAD N.E.. BY GERAL,D NI. S'f�RER: M7I'ION by Co�cilman Fitzpatrick to extend lot split, L.S. #82-05, through Nwanber, 1989 with the stipulation that a r�ew perfornarrce bond be provided or existing letter o� credit ($5, 000 ) be extended to co�ver co�npletion of site improvements which are to be crnipleted upon completion of East River Raad �mprove�nts. Seconded by Cour�cilman Schneider. Upon a voice vote, all v�oting aye, Mayor Nee declared the motion carried unanimcxisly. 12. RECEIVIt� 'PHE N�fl'FS OF 'tY� P'LANNII� OJ1�A7ISSION NlEErIl� OF Ng1RCH 9, 1988: -15- FRIDI�Y Q'IR Q7[JNC.II, MEETIl�IG OF N�1RQ�i 28, 1988 A. RESOLLlTION N0. 26-1988 APPROVIl� A SUBDIVISION, I�OT SPLIT, L.S. #88-01, Tp SPLIT LOR'S 5 AND 6, LUQA LANE ADDITION, IN ORDER Zb CREATE TEIREE BUILIaABLE L�OTS, C�F.TTERT,T Y IACATED AT 1133 - 1145 NIISSISSIPPI SIREEI' N.E.: Mr. C�mpbell, representing the petitio�er, N�. Johnso�, asked about any lane widening or median on Mississippi Street as this may be a price coa�sideration oaz c�e lot. Mr. Flora, Public Works Director, stated the plan for Mississippi Street calls for left turn lanes fran Mississippi onto Highway 65 and the construction o� a median alnu�st to Lucia Lane. Councilman Billings asked about the west half of Lot 4 as he noticed past prcyposals included this west half. Mr. C�mpbell stated he timderstands that is no longer part af N�. Jahnson's property and isn't awned by him. M7PION by Councilman Schneider to grant lot split, L.S. #88-01, with the following stipulations: (1) avner to supply a 15 foot bikeway/walkway easenent ce� Mississippi Street fran Lucia Lane to HigYa�ay 65; (2) a gark fee of $750 each for Tract A and B be paid prior to issuance to building permits; (3) driveway o� Tract B to access Lucia Lane cnly; (4) driveway on balance aF Lot 6 to be as far east as possible; and (5) owner is responsible to notify prospective buyer of possible meclian aai Mississippi Street which could preclude easterly mavenent frcm Lot 6 and 7. Seconded by Councilwrxran Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motio� carried unanimously. B. Q�NSIDERATION OF THE PROPOSED Q�MPREF�NSIVE 4�1.STE REDUCTION AND RECYCLING ACT; THAT Z�IE CITY OJCTNCIL PASS A RESOLUTION IN SUPPORT OF 'PE� �MPREF�ISIVE WA.SI'E REDUCTION AND RECYCLIlQG ACT: AND F013�JARD Zi� RE90LUTION TO THE D'BI�Il�iE90TA POLL�7TION O�NPROL �TCY. WASTE N��JAGTN�I` BOARD, ME'lZ20FOLITAN O�LINCTL. ANt�KA Q7[IrTPY. AND STATE T•�ISLATORS REPRESF�TPING 'PHE CITY OF FRIDLEY: N�. Robertso�n, Ccnmunity Development Director, stated the Waste Reduction and R,ec.ycling Act 1988 �ra.s an attempt to address the lag in development of waste reduction and recycling programs behind the development of waste-t�eneregy irbcinerators. He stated as originally proposed, the Act included several provisions and prohibitions which its authors believed would increase waste reduction and recycling in Minnesota. Mr. Rabertson stated subsequent to the E�virormental Quality Carmissi� recc�mending that th,e Council sup�ort this legislation, all the k,ey provisi�s were deleted in camuttee hearings. N�. Robertso� stated the Cbuncil may support the legislation as originally pzr�posed, support the current draft of the bill with the deletions, support the legislati� with deletica� c� itens that are of cc�cern to the City, or support the legislaticn with an a�nenc�ment to delete the recycling deposit cm ��ef illable beverage containers as it w�uld reduce the funds received f ram the Co�ty by the City and create i.nstability in the curbside program. -16- FRID�EY CITY Q'J(JNCII, MEETING OF NARQi 28, 1988 N�TION by Councilman Schneider to table indefinitely. Seconded by Coiu'icilman Billi.ngs. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried �mar�isly. MJTION by Councilman Schneider to receive the minutes of the Planning �mission meeting af March 9, 1988. Seconded by Cbuncilman Billings. L1po� a voice vote, all voting aye, Mayor Nee declared the motion carried tman�usly. 13. �NSIDERATION OF R;EALZOCATING FT7NDIlVG WITHIlQ THE 1987 C'I7BG BLTDGET: NDTION by Councilman Fitzpatrick to reallocate 1987 CT1BG funds in the amaunt of $8,181.50 to fund the shortfall for acc�uisitio�/relocatica� o� the Hunger residence, 7870 Apex Lane and two adjacent vacant lots. Seconded by Cbuncilman Schneic'Ier. Upon a voice vote, Cbuncilman Fitzpatrick, Cbuncilman Schneider, Councilman Billings and Mayor Nee. Councilwoman Jorgenson abstained frcm voting. Mayor Nee declared the motion carried by a 4 to 1 vote. 14. REC�IVING Tf� MIN[]'I'ES OF THE CfiARTER Q�N�LCSSION MEETIl� OF JANUARY 25, 1988: Nl�'I'ION by Councilman Schneider to receive the minutes of the Charter Catmission meeting aF January 25, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried iu�animously. RECENII�IG BIDS AND AWARDIl� Q�N!'RACT FOR SPRINGBROOK NATURE CENTER FENCE PROJECT #180: NY)'T'ION by Councilman Fitzpatrick to receive the following bids for S�ringbrook Nature Ce�ter Fence Proj ect No. 180 : �.7fc�i����-:7 CYawley Fence 10630 Nassau St., N.E. Minneapolis, N�i 55434 C7entuzy F�ce Co. P.O. Bax 100 Forest Lake, NN 55025 Liberty F�ice P.O. Box 563 Haward Lake, NN 55349 Fenc�co, Inc. 5222 Hanson Court Cxystal, M�T 55429 BID T0�!'AL �OND BID A 5$ $ 21,595.75 5$ $ 22,175.25 5� $ 24,392.50 5$ -17- $ 24,501.25 �I'AL BID B $ 23,766.75 $ 24,367.65 $ 27,285.25 $ 28,155.25 FRIDi,EY QTY Ol70NC�, I�TIl�1G OF MARC:fi 28, 1988 Seconded by Cour�cilman Schneider. Lipon a voice vote, all v�oting aye, Mayor Nee declared the motioa� carried unanimously. Mr. Flora, Public Works Director, stated C��avley Fence st�k.ariitted the lawest bid oai both Atternates A and B. He stated Bid A is identical to Bid B with the exception that Bid A incorporates a tension wire along the top of the f ence and Bid B ir�corporates a taprail al om.g the top of the f ence f abric . He stated staff is recam�ending the taprail as specified in Bid B. MyI'ION by Cbuncilman Fitzpatrick to award the bid for Springbrook Nature Center Fence Project No. 180 to the lav bidder, C`,rr�wley Fence, for Alternate B in the =.amoa�nt aF $23,766.75. Secon+ded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �man�ously. 16. RE90LUTION Nt�. 27-1988 AUTHORIZING THE JOINT BIDDING OF MAINTENANCE AND REPAIR Wt�RK FOR STRE�'I' IMPROVF.ME[�TI' PRQTECT N0. ST 19 88-10 i SEALCOAT) WITH � CITIES OF O�LIJN�IA HEIGHTS AND FRIDLEY: Myi'ION by Councilman Fitzpatrick to adapt Resoluticm No. 27-1988. Seconded by Councilw�r�.n Jargenson. Lipon a voice vote, all voting aye, Mayor Nee declared the motian carried �usly. 17. RESOLUTION N0. 28-1988 OF THE CITY Q�LINCIL OF Tf� CITY OF FRIDLEY SUPPORTING TI� Q�NC�PI' OF N�Il�APOLIS-SAINP PAUL HOSTIl� 'rfiE 1996 SCTNQ�Ft OLYNiPICS: NDTION by Councilman Fitzpatrick to adopt Resolution No. 28-1988 and forward to the Mayors af Mirmeapolis and St. Paul. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tmar�usly. 18. RESOLUTION N0. 29-1988 AUZ'HORIZII� THE NUN]INATION OF MAYOR WILLIAM J. NEE FOR THE C. C. LTJI.7WIG AWARD FOR DISTIl�UISf�D MJNICIPAL SERVIC�: NDTION by Councilman Schneider to adapt Resolutio� No. 29-1988. Seconded by Councilwaman Jorgenson. Upon a voice vote, Councilman Schneider, Q��cilwaman Jorgenson, Counci]snan Fitzpatrick and Cbimcilman Billings voted in favor of the motion. Mayor Nee abstained f ram voting. Mayor Nee declared the motion carried by a 4 to 1 vote. 19. �TSIDERATION OF Q�E ORDER #3 F�OR ST 1986-1 & 2, PHASE II: N�. Flora, Public Works Director, stated this change order recommended by Sunde Engineering and supported by the HIZA will allow payirient of $2,500 to H & S Asphalt for renabilization af their work force to co�nplete the curb, gutter and street improvenents on the Lake Fbinte site. NDTION by Councilman Schneider to approve Change Or�3er No. 3 for ST 1986-1 & 2, Phase II with H& S Asphalt in the amount of $2,500 and a revised co�tract amoa�nt of $390,264.10. Seconded by Councilwama�z Jorgenso�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried w�animc�usly. �Q FRID�,EY QTY aJ[JNCII.� MEETING OF N�,RC�i 28, 1988 20. CONSIDERATION OF CHANGE ORDERS #3 AND #4 FOR REPAIR OF COMMONS PAR.K FILTRATION PI�ANr PROJECT #164: Mr. F1ora, Public Works Director, stated Change Order No. 3 involves no dollar �nounts, but establishes the substantial coanpletion date for this imprwement to April 1, 1988. He stated Change Order No. 4 includes the addition of three construction itezns totaling $11,270 for the following itens: epoxy floor painting, $2,100 ; sump pump realigr�ment, $2,170 ; and �nia inj ectioaz systen, $7 , 000. N�. Flora stated the $2,170 cost for sump pump realigrmient is for the additiar�al piping to the sanitary sewer systen. He stated ar�iginally it was proposed to go into the storm systan, but, by coc3e, it coulchl't be done and has to drain into the sanitazy systen necessitating the need far additional piping. Mr. Flora stated in regard to the epoxy floor Fainting, it was staff's understanding the floor would be painted. He stated as the project was nearing completion, the consultant iridicated it wasn't in the specifications they prepared. He stated it is essential that the floor be painted, before the equignent is installed. Councilman Billings stated in regard to the floor painting, it seems there is a discr�pancy as to what was shawn c� the drawings and what was called for in the specifications. Mr. Kirk, representing TKDA, stated he was not sure where the plans and specifications v�ere caning fran as far as the �paxy paint. He stated at ce�e time, epoxy paint may have been anticipated for the floor of the building, but the specif icatiaris indicate epoxy sealer is to be provic7�ed ca�ly as shown on the c�awings. He stated by reference, there is no designation on the plans for epoxy sealing. Cbimcilman Billings stated he is concerned about the relationship between th�e City and the co¢lsultant and whQ is responsible to check the plans and make sur�e they are in accordance with the clesires af the City. N�. Rirk stated the plans were checked on several occasicros and the questio� is was there a check to make sure the floor was pe.inted which appears is the City' s intent. H�e stated in ariy event, the City isn' t payi.ng twice f or the epoxy painting aF the floor. He stated n�thing has be�n lost and it is the question whether the City wants the �int o� not. Cb�cilwanan Jorc�ens�i asked whp drew up the plans. N�. Flora stated TI�A drew up the plans and specificato�s so it appears it was their error in not including the epoxy gaint. Coiubcilman Billings stated if it was clear in the plans that the painting was i.nclud+ed, the bids would have been $2,100 more. 1�. Kirk stated this is a small cost and the avernms in this job are .7 of 1$ which isn' t vezy signif icant in relaticm to the c�ost of the p2roj ect. -19- FRIDI�Y CITY Q�UNCII, N.�7PING OF MAR(�i 28, 1988 Cbunci]man Schneider stated the City hires a consultant to aversee the project so it proceed.s alo�ng snoothly which hasn't been the case. He stated it m�lces yau w�der what will happen next. Mr. Rirk stated there is rarely a project completed where there isn't samething that needs c,hanges or additions. He stated he has been in the business almost 30 years and cannot recall where there wasn't at least one item or issue for reconsideration � a project. NDTIaN by Councilman Schneider to apprave C�iange Orders No. 3 and No. 4 with 'I'I�A for Ccmnans Park Filtration Flant Project No. 164. Change Order No. 3 involves r�o cbllar amaunts, however, Qlange Order No. 4 is for an addition of $11,270 or a revised contract of $1,417,401. Seconded by Councilman Billings. Coimcilman Billings stated the fact remains that the City really doesn't know for sure if the $2,100 for the epoxy paint was excluded f rom each of the contractor's bid or not because of the confusion in the plans and specifications. He stated, therefore, the City may not have received the lavest bid because this itan may or may not have been ir�cluded in the bid. UP� A VOIC� VCJi'E ON � ABOVE NDTION, all voted aye, and Mayor Nee declared the motio� carried imaniira�usly. 21. APPOIl�TI�TrS : CITY ENlPLAY�S : NDTION by Cour�cilman Fitzpatrick to ooncur with the foll aving appointments by the City Manager: I�1�'� Greg D. Kottsick Box 47 Ona¢nia, N�1 56359 William A. Qx�mpa 1721 Marion St. #104 Roseville, NN 55113 POSITION Maintenance I (Sewer) Public Wnrks (na¢re.�npt) Records Ret- entia� & Inforniati� S'pecial ist (non-exenpt) S'PARTIl� SALARY $8.72 per haur' ( $].517 .28 Nb. ) S'I'ARTIl�IG L�ATE REPLA�S N�rch 28, Arthur 1988 Paulsan $10.20 per March 28, Patricia hpur 1988 Sykes (51775.03 Mo.) Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �usly. 22 . C.LAIMS : NDTION by Councilman Billings to authorize payment of Qaims No. 19297 through 19594. Seconded by Gouncilman Schneider. Upon a voice vote, all voting aye, NL�yor Nee declared the motio� carried tmanin�usly. -20- FRIDLEY CI'1'Y QOUNC'II� MEEI'Il�]G OF I�,RCH 28, 1988 23. LICELVSES: NDTION by Councilman Sctu�eider to approve the licenses as submitted and as on file in the License Qerk's Office. Seconded by Councilman Billings. LTpo� a voice vote, all voting aye, Mayor Nee declared the motion carried t�arLimpusly. 24 . ESTIl�,TES : ND�PION by Councilman Fitzpatrick to apprave the estimates as su�mitted: Sh�i.th, Juster, Feik,�na, Malmon & Haskvitz 6401 University Ave. N.E. FY�idley, N�1 55432 For Sexvices Rer�ered as City Prosecutor For the Month of Dec�nber. 1987 . . . . . . . . . . $ 8.180.50 E.A. Hickok & Associates 545 Indian Nbund Wayzata, NA1 55391 Nbore Lake Ph�ase II Proj ect #149 Partial Estimate . . . . . . . . . . . . . . . . . . $ 1,007.37 Tf�A 2500 1�nerican Natio�al Bank Building St. Paul, I� 55101-1893 Regair af �s Park Filtraticm Plant Proj ect #164 Partial Estimate . . . . . . . . . . . . . . . . . . $ 2,450.00 Gat�ion Brothers P.O. Box 83 Rogers, NN 55374 Sprin�rook Nature Center Pond Impravem�ent Proj ect #173 Estimate No. 4 . . . . . . . . . . . . . . . . . . . $10, 896.08 Seconded by Councilman Schneider. LTpo�i a voice vote, all voting aye, Mayor Nee declared �the moti� carried tmaninuously. 25. RE9�L�UTION N0. 30-1988 OPPOSING FUNDING MECHANISM ASSOCIATED WITH S.F. 1928: Mr. F'lora, Public Works Director, stated the fee proposed far fundi.ng a safe water drinking progr�n is regressive in that large users and a�nall users �y the same amount and is discriminatory in that private well syste�n users wau7.d rwt pay any fee at all. He further stated there are no provisions -21- FR.IDLEY QTY Q7UNCIL MEE.�Il�1G OF NARC�i 28, 1988 that he is aiaare a.E in the bill that provide for the C�ty' s administrative costs far the collecticai and transfer o� fees to the State. Mr. Flora requested the Council consider adoption of this resolution to oppose the funding mechanism associated with this safe water drinking program. He stated a year ago the Departxnent af Health ir�fonmed cities they woul.d r�o l�ger c� water testing and this bill would increase the staff at the Department of Health to review the safe drinking water tests. M3TION by Cbuncilman Schneider to adapt Resolutia� No. 30-1988 and forward to the State Legislators. Seconded by Coun,cilman Fitzpatrick. Upon a voice vote, all� voting aye, May�r Nee declared the motion carried tmanimously. AI)�7C7�TRi�'�Tr : NY�TION by Councilman Schneider to adjourn the meeting. Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion caxried unanimously and the Regular P�eeting of the Fridley City Council af Ni�rch 28, 1988 adjourned at 11:05 p.m. Respectfully submited, (�role Haddad William J. Nee Secretazy to the City Coun+cil Mayor •.. . -. -22- Z4� NNUNN[TPES OF THE RDC�7L�AR N�.TING OF � FRTDLEY QTY C'OUNCIL OF APRIL 4, 1988 The Regu7.ar Meeting of the Fridley City Council was called to ar�der at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLE�IAN�: Mayor Nee led the Council and audien�ce in the Pledge of Allegiance to the Flag. ROLI.� C'ALL: N�ERS PRES'F�f!': N�yor Nee, C7ouncilw�►�.'�n Jorgensoaz, Councilman Schneider, Cbuncilman Fitzpatrick, and Cotmcilman Billings fui�+ui:��;���:�y�►r .... - PROCLAMP,TIONS: DAYS OF RII"�RANCE OF Z'I� VICI'Il�IS OF THE HOLACAUST - APRIL 10-17, 1988: Mayor Nee read and i ssued a proc 1 ama t i on to re�neTnbe r the vi c t ims of the Holocaust and hr�ped that citizens � Fridley will always strive to avercame prejudice and inhLar�anity through education, vigilance and resistance. He stated Kay Bonner Nee was a witness to the affects of the Holocaust and was present at th�e liberatian af the Jews fmn Buche�vald. Ms. Kay Bonner Nee received this proclamatiari and stated she was the City's representative to the United States Council for the Holocaust Days of Ranenbrance. She thanked the Mayor and Council for this proclamation and stated the Llays o� Renembrance have very special manaries for her. Ms. Nee stated she was present at the liberativn at Buchenwald and stayed to help care for those still living and tried to relocate th4se that were able to be moved. 5'tze stated she is n,ot so pres�anptuaus to think the living can speak for the dead, but thinks we must speak aut nevertheless. Ms. Nee stated we must ��r what happened during the Holocaust even if it is very painful to ranember. She stated if we forget, we xun the �speakable risk af having a reoccurrence. WEEK OF THE Y0�)NG CHII,D - APRIL 10-16, 1988: N�. Hunt, Assistant to the City Manager, read this proclamation issued }�y Mayor Nee. Mayor Nee stated he urged all citizens to renew their efforts to suport young children, the programs that serve thesn and the dedicated individuals wlm care for and teach them. Ms. Nbiriel 5haxpe stated she was pleased to accept this proclamation on beha.lf of Sciwol District 14 and early Family Childhood Educatian. -1- a0N7M11�TITY D�IEL,OPNlETTr BIACK GRANr V�EK - APRIL 2-9, 1988: N�. Hunt, Assistant to the City Manager, read this proclamation issued by Mayor Nee. Mayor Nee stated he urged all citizens to express their support for the CTJBG program, to appose further cutbacks in Federal funding, and to w�rk for ir�reased funding of this program which helps loca� governments respond to important tn�nan r�eeds. ADOPTIUN OF AGENDA: MyI'ION by Couracilman Fitzpatrick to adapt the agenda as sutcnitted. Seconded by Cour�ilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried tmanimausly. OF'EN F0R[TM, VISI'PORS: N�. Fbrath, Den Leader for U�b Scout Troop #167, was present with his Cub Scout 'I�oop to absezve the proceedings aF the Council meeting in order to earn their citizen badge. Nh�. Perath thanked Councilman Fitzpatrick for meeting with them prior to the meeting to discuss local goverrmtient. PUSLIC HEARIlVGS: 1. PUBLIC HEARING �R CABLE TII�IISION FRANQ�ISE REI�WAL: M7I'ION by Councilman Fitzpatrick to waive the reading of the public hearing notice and c�pen the public hearing. Secanded by Cbuncilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried iu�animously and the public hearing opened at 7:44 p.m. Mr. l�bravetz, staff liaisan to tY�e C`able Zlelevision C:amnission, introduced the C�airman of the Cable Commission, Ralph Stouffer and member, Duane Aeterson. He stated those members who were not able to attend were Ed Kaspszak, Barbara Hughes and Burt Weaver. Mr. Moravetz stated Mr. Gary Matz, legal counsel for th�e C�ble Catmissicm, represented the City through the franchise renegotiating sessions. Mr. Moravetz stated the representatives present frcm Nortel Cable are Ron Abrams, Keith Crippes, N.�rk Ha�rstrcm and Bruce Z�rpsan. N�. Nbravetz stated this pr�posed renewal provides far a 15 year franchise, a minimwm 440 Megahertz systen and miniirnan 59 channel capacity. He stated Mr. Matz wv�td s�narize this franchise ar'dinance and oontents. N�. Matz stated this praposal is to renew the franchise for a 15 year period and is the maximum time allowed under law. He stated Nortel Cable has ccmnitted to upgrading the system to a minu�nun of 59 channels with the work to be ccmpleted by Januazy, 1990 or within two years of acceptance of the franchise. He stated Nortel has agreed to specific d�jective technical standards to s�ply the subscribers with excellent signal quality. Mr. Matz stated Nortel has caRmitted to a basic sezvice, provide an en�eergency systen, and construct a separate institutionaZ network to connect the various schQOls. He s�ated Nortel agrees to continue the public, educational, gweria�nt, and library charu�Is and to provide certain equipment for public access progr-�nrtning. 1�. Matz stated Nortel agrees to �ant $60,000 in years c�e, five, and ten to supplement this equignent. He stated the grants would -2- FRIDLE'Y QTY 470N�II� NEEZ'Il�1G OF APRII, 4, 19 88 be adjusted to allaa far i.nflation. He stated Nortel agrees to a provision whereby the City, o�ce the upgrade is cas�leted, can bring in an engineer to inspect the systen to make sur�e it meets all standards and codes. He stated there is a performance bond to secure the upgrade and it wouldn't be released Lmtil a report is received frosn the engineer. Mr. Matz stated Nortel has agreed to pravide detailed annual and operating reports. He stated because this is a 15 year franchise, the ordinance pravides for periodic review sessions, the minimum at five and ten years of the franchise, or at the request of the C'�ty. Mr. Matz stated there is a requirement for an annual subscriber survey for input c� programmin�, billing practices, and the campany's response to consumer camplaints. He stated Nortel has agreed to a five percent franchise fee. He sta.ted i.n the event there is Federal legislation or a court decision that provides the aperator c�oesn't have to g�y the franchise fee ar prwide access channels, the City has the authority to tenninate the f rarichise. N.�. Matz stated ttrere are two vutstanding issues. He stated the first issu�e is in regard to the constructi� schedule. Mr. Matz stated cne alternative is the �grade will be car�leted by Januas�� 1, 1990 or another alternative is far canpletion within two years of the franchise. He stated Nortel has requested the language be used for campletion of the upgrade within two y�ars of the acceptance of the franchise because of delays e�countered. He stated staff has r�o abjections to this approach. Mr. Matz stated another outstanding issue is tt� addressability. He stated there is scn� feeling this could be left to the discretion of the cable aperatar and n�ot set forth in the franchise. Cbuncilman Billings asked far an explanatio� regarding addressability. Mr. Ngtz stated addressability refers to the cor�cept where each coriverter in evezyane's hane will have a unique code for a specific individual. He stated if this individual wants to watch Hane B� Office, he would call the cable campany and a code is pimched in where the channel would be visible for that subscriber. He stated it eliminates the r�eed for a sezvice call to the home. Mr. Matz stated imder the present system, if an irxiividual wants Hame Box Office, a persan fran the cable cannaariy will have to be sent to the har� to accanplish this ta.sk. He stated the advantage to the subscriber is that it is an inmediate connection and cioesn't involve a sexvice call. Mr. Matz stated another advantage is certain signals will be made available for a ca�e-time fee thraugh tY,e addressable system. Cb�cilman Schneider stated he imderstands this is a request the City is makinq to the cable ca�arry far addressability. Mr. Matz stated this was discussed with the previaus cable aperator and they had a concern if the resources w�ould be available at the time of franchise renewal. He stated at that time, addressability was considered the state-of-the-art, but felt since that time, there is a G°nclencY awaY fram it because it i sn' t"coa�suQner friendly. " N�. Matz stated many individual s have -3- • � M •• M/ �S! � • ' � • . • baught televisian sets and told they vaere ready for cable. He stated if the system is addressable, those channels that are scrambled will not be viewable over the cable ready set and you will still r�eed the cornrerter. Cbuncilman Schneider asked if you must have addressability in order to receive pay-per-view programming to which Mr. Matz answered in the aff i�native. Mr. Abrams, legal counsel for Nortel C�ble Carq�ariy, stated Nortel proposes to have an addressable system. He stated the question is if every subscriber rrazst have an addressable cornrerter in their Y�r�. He stated for those wlx� have a cable ready set and don' t wi sh premium sezvices such as F�O, there waulc�' t be a need to have that addre s sa.bl e box i n thei r hame . Mr. Abrams stated Nortel would provide a report on haw they are making pay�-pe�view available to the narrpreniLUn subscribers. Co�cilman Billings asked if he has Shawtime, HBO, and the Movie Channel, would he be required to have the orie-way addr�ssability in order to receive these progra�ns. Mr. Abrams stated the addressable coriverter is needed in a hc�me in order to receive Showtime or I�O. (btmcilman Billings requested an explanation af two--way addressability. Mr. Abrams stated it is the capability of conveying fram the headend to the subscriber back to the headend. CounciZwaman Jorgenson asked with an addr�ssable systan if a lockaut is provided to which I�. C�ippes answered in the affirniative. Cb�cilman Schneider asked if the option to tape mavies from a premium channel becanes more difficult if the addressable systan is installed. Mr. Abrams stated if an addressable systen is installed, an individual wouldn' t lose the ability to tape movies from paid channels, but it would becane more difficult to tape charubels while watching other programs. Coiu�cilman Schr�eider stated that could cost Nortel premiian subscribers which is sanething they woulch�'t want to lose. Cbuncilman Schneider referred to Section 405.04, subsectian 3 regarding the use of streets and stated there was a substantial aQnount of damage to back yards of residents in the previous cable ca�arry' s rebuild. He asked if the perforrna.nce boaid could be used to recoup any dam�ages which may occur. Mr. Matz sta.ted the performance bond will be available, as well as the cash security fund. Cb�cilman Schn+eider stated tmder Sectian 405.05, subsection 9D, there is a referen,ce to driving aut one-third af the systan each ironth and requested an explanatian. Mr. Matz stated the canp�any will inspect for signal leakage and drive through an are.a for the purposes of ineasuring leakage. �tubcilman ScYmeider stated tu�der Section 405.05, subsection 8, there is reference tt�at the picture will be free fram ghost images. N�. Matz stated when th,e upgrade is canpleted, the City must be notified and an independent engineer could be brought in to inspect the system. He stated there are -4- FRID�,EY CTI'Y (X7ITN�II, MEBTII�IG OF APRII, 4, 19 88 objective technical standards which must be met and if this is acccmplisiied, there should be a good picture. He stated the City would gay for the engi�eer's report if the inspection is satisfactory. Gbiu�cilman Schneider stated in Section 405.06, subsection 2, there is a reference that the campany shall offer a minimum of four pay television sezvices and wondered why this number was specified. Mr. Matz stated a minimtan of faur is stated as it was felt there should be a minimtun level of service. Councilman Schneider felt it was a matter of econanics and the cable c�perator would prwide channels which would be econo�nically feasible. He stated he d.idn't necessarily want to be irrvolved in decisions about progra�ing. He asked if the cable operator wanted to el iminate some channels, if they needed appraval by the City. Mr. Matz stated they could submit their proposal, but it wouldn't necessarily require the Council's approval. N�iyor Nee asked why the C�ty is involved. I�. Matz stated in the existing franchise, it specifies the services available. He stated if the cable aperator was going to delete same sezvices, the C�ty may became involved. Cotmcilman Schn�eider stated he doesn't want to be the architect of what is pravided by the cable aperator. Mr. Matz stated he didn't believe the franchise puts the Cotmcil in that position. Cbur�cilman Schneider stated under Section 405.06, subsection 9, Nortel is doing a fantastic job of cavering the Council meetings, but asked�if a minimi.un level af caverage sh�uld be specif ied. N�. Matz stated l�e would ask Nortel to respond to this questi�. Mr. Abra�ns stated it becames vexy difficult to legislate quality and felt this was a partnership between the City and cable company. Councilman Schneider asked if Nartel wou.ld be willing to specify if tY�ey would pravide two cameras and adequate staff to operate them. Mayor Nee stated this may not be an issue if the City is supplying the caQneras in conjtmcticm with the ranodeling. Cbimcilman Schneider stated Nortel does a good jab, but there may be another operator in the future and felt a minimtun level of service should be specified and perhaps cavered in a letter. Mayor Nee suggested this be considered bef ore the first reading of the ordinance. Cb�cilman Schaleiclex stated �der Sectio� 405.09, subsection 4C, regarding the rn�mber of telephone lines and personnel, he felt a specific nimiber of lines si�auld be specified. Nh�. Matz stated it is difficult to specify the rnanber of inccming lin�es to be available as the need is different at vari�s times. He stated more incccning telephone lines will be needed during -5- ' �� M •• M� !�1 � • . •• � • •• construction and not as many after the construction is completed. Mr. Matz stated if th,ere are difficulties, the City has the right to request better perForn�ice. He stated if specif ic nwmbers are establ ished, it wouldn' t vu�rk in all instances. I�. Abrams stated it is safe to say that no other issue has taken more of his time tY�an this telephone question. He stated last sunreer when there was imderground work in other canmuiities and a new phone systeam, this was a significant problan. He stated Nartel believes the prnbl�n has been solved. He stated one week there may be a lot af phane calls and the next, there may be none. He stated Nortel is aware af the problan and they do not want to lose subscribers because their service isn't adequate. He stated he believes Nartel has cantrol over the phones and they are geared to handle the flood of ca11s during the constructian period. Coiu�cilman Schneider felt a minimt,an nunber of lines could be specified as soon as it is ]mown wi�x� the construction will be canpleted. Mr. Abrams stated there will be t�mes when a minim�n woulc�'t be adequa.te to handle the flood of calls. He stated Nortel will try to staff so there isn' t a loa�g wait. Cbuncilman Schneider stated he is uncomfortable if there isn't a minimum specified in the franchise ar�dinance. He stated another issue discussed was far Nortel to pravide the City with the name and phone number of one of their executives who could be cantacted after business hours. Mr. Abrams stated he believed this infaiznaticm would be provided to the City. Mayor Nee asked if there was a way to address Councilman Schneider's concerns. Mr. Abrams sugggested perhaps Mr. Hammerstrom should talk directly with Councilman Schneider regarding this issue. Councilman Schneider asked tmder Sectian 405.09, subsecticm 4G, what credit is given for a total systen autage. P�. Abrams stated a subscriber cannot be charged for the channels he does riot receive and would receive a credit. Councilman Schneider sta.ted under Sectian 405.09, subsectian 8B, a survey is required and questioned haw this would be handled. Mr. Matz stated a telephone survey has to be conducted by an independent person engaged in that business. Councilman Schneider stated he cannot see wh,ere it is in the City's interest to manciate one-way or two-way addressability systems. He felt econanics would dictate to provide the systen. Cbur�cilman Billings asked haw mariy channels are provided in th,e r�ew system. N�. N.�tz stated a minim�an capability of 59 channels and it is expressed in te�ns of Megahertz capability. . Councilman Billings stated what he is hearing is that 400 Megahertz translates into channels. N�. Matz stated that was correct and cn Page 11, Section 405.05, subsection 1, it states a minimtun 440 Megahertz systen. � ' �' M •• M\ t�i � i ' 1 Cb�.cilman Billings asked abrnit the interconnect between the school s. Mr. Matz stated there isn't tt�at capability today, but it is addr�essed that the City may request intercoru�ectian aF instituticmal networks. He stated the difficulty with interconnection is it requires cooperation of a second or third cable operator. (buncilman Billings stated his concern is he has constituents who live in FYidley, but their children attend school in another school district and they feel slighted because they cannot watch their chil dren's activities on television beca.use there is no interconr�ect. He asked if there couldn't be coaperatio� so this could be accamplished, N�. CYippes stated the insti tuti onal network i s f or the schoal s to caimunicate with each other. I�e stated it doesn't r�ecessarily mean it goes aut ce1 the subscriber network. Councilman Billings asked if it covld go cut ca� the subscri.Y�er network. A�h�. Cxippes stated it possibly could be stx�m cm the educatic¢�al access channel if it was brought back. He stated the real intent of the institutional network is for the schools to catmimicate with each other. Cbuncilwcman Jorgenson stated North Park Elementazy School has their own media department and recorc3ed a program, but Nortel wasn't interested in shawing it. Mr. McHu�h, Nortel (�ble C'�any, he stated at that time there had been a large �no�t aF p�annning scheduled for C�annel 12 and �hey were �le to show this program due to prior Y�equests for prograt�ning. Mr. Matz stated the school district is most interested in the institutional r�etwork for the ability to a�municate within the school district and with adjacent sci�,00l districts fo� curriculum sharing. He stated there is an obli�.tion for the FYidley cable operator to negotiate with other cable operators for the interconnect. N�yor Nee stated under Section 405.05, subsection 9B, it calls for tests to be perforn�d at not more than six locatians and questioned if it should read "no less than six locations". N�. Matz stated it was felt the maximum rnanber of test points needed was six far� the size af the systen. He stated Nartel can indicate haw many test locations they want and the City can either agree ar� disa.gree with the rnanber of locations. iie stated the nxanber af test locatians used to be at th�e discreti� o� the fran�chise owner. Councilman Billings stated he tends to agree with Mayor Nee that this language is�'t clear. He felt fram this wording, Nortel could say they wc�uld o�ly test at two locatians. Mr. Matz stated the language shc�uld prnbably read that tl�ese tests st�uld be conducted at six locatic�s approved by the C�ty. Mayor Nee stated �xler Sectian 405.09, Sectivn 6D,1, he felt th+e late charge of $15.00 was excessive and that it should be a percentage of the unpaid -7- FRIDLEY QTY dOUNC'IL MEETING OF APR.II, 4, 19 88 balance. Mr. Matz stated this issue was discussed and it reflects the credit practices by Nortel as they currently charge $10.00. He stated the Ocnmissio�'s feeling was this was a 15 year franchise and they wanted to allav sane flexibility. Mayor Nee stated h� really has a prablen with this $15.00 charge. Mr. Stouffer, C'hairman of the Cable Television ConuY►ission, stated he believes this ordinance reflects the meetings of the minds of the two parties r,egotiating this franchise renewal. Mr. Mark Ne�man-Scott, Chairnan of the ACCW, stated under Section 405.06, subsection 8 regarding mainter,ance and repl aceqnent of equipment, he f el t replace was too vague a word. He stated tmder Section 405.06, subsection 8E, he felt the space that currently exists for public access should cantinue. N�. Scott stated it was also felt access users should be able to use the mr.�ile van and this itan should be added to Exhi.bit E as to when it wauld be a�vailable and �der what conditicros. Mr. Abrams stated oai behalf of Nortel, he would like to thank everyone f or all their work leading to this ordinance. He stated although it isn't evezything Nortel or the City wou7.d like, this doc�ent represents 13 months of wr�rk. He stated he also appreciated the N�yor's and Council's leadership an cable matters. Mr. Abr�ns stated as to the three itgns mentic7ned by Mr. Scott, he believes the current systen regarcling maintenance and replacement af equignent is working very well. He stated Nortel can cite no instances where a replacement or iriaintenance request was not Yxanored. He stated it is the intent to continue to pravide the space currently pravided f or public access. N�. Abrams stated as far as use of the van, it is a terrible liability problen far� Nortel to let others except enplayees use the van. N�. Scott asked if this van wasn't available in Bloamington and St. Louis Park for access users to use. Mr. McHugh stated Nortel's first priority for the production van is to serve the City af St. Louis Park, as required in the franchise, and pravisions made for access users in BZocunington and Fridley to use the van. He stated there have been sc�ne ACCW members that have been certified to use the van, but the Zeve2 of activity e.�ressed for these m��rs to use the van hasn' t been very hi gh, except f or St . Loui s Park. He stated those using the van have to attend workshaps in ar�der to be certif ied. N�. Scott stated in view a� this info�nati�, he caiznot see why it would be a prablen in Fridley. Mayor Nee stated it seezns if the public access people get the training required, they shou].d have access to the van the same as St. L�ouis Park. N�. Abrams stated if the City deleted the requirane.nt for addressability and accepted staff's rec�unendation for a two year period for the rebuild, Nortel would withdraw their abjection registered with the Commission pertaining to the Ccximission' s penalty �nmints. � FR� QTY Q7UrTCII, MEETIl�IG OF APRII, 4, 19 88 In discussing the minim�xn pay television services, N�. Peterson, m�mber of the C�ble Televisi� Ccnmissical, stated this started out with what was in the previous franchise. I�e stated the C1cRmission wanted to maintain scane level of sezvice to the subscribers. N�. Matz stated if the decision is to eliminate the paragraph regarding pay television sezvice, he has n� problen with it. Mayor Nee stated he felt the canpany would be driven by the business and maxketplace. N�. Stouffer, C�aaiiznan o� the C'.�ble Television CY�nmission, stated it was a philosaphical stand that this present sezvice of four should be kept. He stated he cannot aoree with Mr. Matz's statement to eliminate this Pas'a9raPh. Mayor Nee stated this �ragraph is in the ardinance because the Commission made this judgnent, however, it isn't required in the franchise. N�. Nbravetz stated two isswes that were r,�t menticned are tt�at the headend, the studios, and the offices will continue to be located in Fridley. He stated the other issue is tt�at all costs involved with the franchise rer�wal will be reimbursed by Nortel. MYI'ION by Councilman Billings to close the public hearing. Seconded by Cbuncilman Schneider. LTpan a voice vote, all voting aye, N�yor Nee declared the motion casried tusan�ma�zsly and the public hearing closed at 9:20 p.m. REC�SS : Mayor Nee called a recess at 9:20 p.m. • •• � i�+� l�yor Nee recorivened the meeting at 9:30 p.m. All Council members were present. 2. CJC�I�TSIDERAT20�1 OF A FIlQAL PLAT, P. S. #18'7-07 , HEATI�R OAKS, BEIl� A REPLAT OF L�OiI' 16, EXC�PI' TE� EASI' 33 F�E'2', AUDI�R' S S[)BDIVISION I�. 92, AND (�I]'I7�0'I' A, AQ�RN HII�LS ADDITION, AI�ID THAT PART OF LC7!' 14, AUDI�OR' S SUBDIVISION N0. 92, WHICFi LIES EAST OF THE WEST 165 FEET THEREOF,_AND LOT 25, AUDITOR'S SUBDIVISION N0. 92, EXGEFr THE 9W AND ALL TfiP,T PART OF IaI' 24. AUDIT 150 FEEEs'I' OF TE3E F�ASI' 80 FF�'T OF SA GENERALLY LOCATED AT 5980 ST: S[TII,DERS: (O�NrIlV[JED FROM 3/28/88) : AND RE90Li7TION N0. 31-1988 APPROVING E�RLY 150 R' S SUBDI A RIGHT OF WAY N N0. 9 2, EXC�PT THE SOUTH UDING A RIGHT OF WAY, ALL ARD N.E.. BY BRICKNER PLAT, P.S. #87-07, BY BRICKNE M7!'ION by Councilman Schr�eider to reopen this public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote. all voting aye, Mayor Nee � FRIDLEY CITY 47CTNC'� N�'PIlVG OF APRIL 4, 1988 declared the motion carried iu�animously and the public hearing reopened at 9 :30 p.m. N�. Robertson, Caimtuiity Develog�nt Director, reviewed the stipulatians far this plat presented as �ch�.bit A. He stated there was some concern by the Coiuicil regarding the drainage and this hearing had been continwed f rom the N�rch 28 meeting. Nh�. F'lora, Public Works Director, stated there are three depressions on or adjacent to the plat, o�e in the northwest, one in the r�ortheast, and ca�e on the south and east portian � the plat. He stated the existing homes are high enaugh so in the worst scenario, water would drain to the streets. He stated the detention pond for the major portion af the plat would have 2.2 feet af water at the maximtAn conditio� af a 100 year storm, it would then overflow the weir that nms into a 15 inch pipe into the New Brighton storm systen. Mr. Flora stated the weir is located at the east end of the c�epression oai the plat prr�peerty. He stated the lay af the land is such that the ground elevatian of 962 provides for any averf law abave that to enter Stinson Boulevard, north c.� the depressian between the depression pond and Kristin court. He stated nane of the Pxisting hanes would be affected b�y the depression ar ponds to be oanstructed. Councilman Schneider asked if any grading wauld take place frcm what is naw existing. Mr. Flora stated nothing really significant. He stated the existing catch basin is about at an elevation of 961 and drains to an elevatian of 964 alang the curb in the street. i�e stated the existing pipe nms at an angle, then canes into the back of the catch basin. N�. Wagar, 5940 Stinso�n Boulevard, stated there is a 6-3/4 inch fall fram the bottcm of the pipe to the bottan of the catch basin in the street and wo�dered if the pond has to ca� up that far along the side of the retaining wall to his garage. N�. Flora stated the existing graund elevation by the catch basin in that depression is about 961. He stated it is proposed to depress it to 960.4 and, as it proceeds towards the street, it will drop to 959.3. He stated at that point, a 15 ir�ch pipe will be installed and connect directly to the existing pipe in Stinson Boulevard and across the street into New Brighton's systen. He stated what will be done is c�epress a certain portion of the existing ground about six-tenths of a foot. He stated there is some excavatice� in one area which will prwide the storage capacity, but it doesn't affect the existing structures ar� terrain. Mr. Flora stated a drainage easement has been pravided along Stinson Boul�vard and a ten by fifteen foot triangle is requested to be pravided far a flvw of water to the street. Gb�cilir�an Schneider asked what woutd prevent the encroactment of water c�to Px;sting hanes. N�. Flora stated there is no change cn N�. Wagar' s property. I�e stated the City would c�annnect to the existing catch basin in the street and a new pipe -10- FRiDL�Y C�'i'Y �7fJNCII, N�'!'Il�]G OF APRIL 4, 19 88 installed.. He stated water cannot flav into Mr. Wagar's back yard because the limits af the pond are 962 and the low point is 959.3. He stated the vTater cannot rise above the 962 elevatio� unless all of Stinscm Boulevard is flooc7ed. Mr. Qureshi, City Manager, stated befare the water rises to an elevation of 962, it wauld start flaaing to the north away from the elevation of Mr. Wagar's hane walkaut which is 963. Mr. John Livingstan, 6060 Stinsoa� Boulevard, asked the elevatic�n of the New Brighton pipe. N�. Quz-eshi stated ttve pipe in New Bright� is at an elevaticn af 959.1 and is 15 inches in size, flowing to the east and then north draining into the panding s�rstan. Mr. Livingstan asked who would pay for impleme�itati� of this drainage plan. Mr. Qureshi stated the costs would be gaid by the developer. N�. Livingston stated he was never notified this plat was being considered. He stated the last time the City installed a storm drain it was in his �eighbor's yard and everyone was billed for it. Mr. Rcabertsan stated staff attenpts to follow the legal notice procedure and cannot account far N�. Livingston stating he was riot r�tified. Mr. Qureshi asked Mr. Livingsto� what pr+operty he is referring to for which he was assessed. Mr. Livingstce� stated there is a drain cn the back of his lot and cn Mr. Van Erden's pz�operty at 6040 Stinsan Boulevard. F�ee stated that is another thing that prrab�.'jbly i sn' t in the Ci ty' s records . Nh�. Hansccm, 6000 Stinsan Boulevard, stated last wee�c Councilman Schneider suggested the City set aside same funds in case this drainage didn't work. He stated he c7oubts it will w�ork, as water freezes in the winter anc3 ranains there. Mr. Flora stated there is an 11 foot difference in curb height from the cutf al l of the pca�d to 1� . Han.SCCm' s praperty . N�. Qureshi stated there will be funds available froam the storm sewer assessne�lt fee, if the Council appraves the plat with the stipulations recrnmended by staff. He stated the present systen doesn't work because it has a shallow pipe and a systen that freezes. He stated this is why a pipe systan isn' t used and an c7pen systen will fur�ctian better. N�. Flora stated the proposed elevation of the pond and the adjoining structure has a 3.7 foot differer�ce. He stated there has to be a foot of water that can't get out to the street before this residence would be flooded. Cbuncilman Schneider stated if far sane reascn there is a miscalcu7-atian, he ylhestioned what oorrective actians the CS.ty would take. -11- • � M •• M� �1 � • • � • • • N�. F'lora stated during develognent of the plat, the City will work with ti�e develaper � the drainage. He stated af ter this period, the City may go in and work ca� the ponds. He stated once the water gets close to the 962 elevation, it has to go out to the street because there is nothing to restrict it as the elevatian af the street is lvwer. N�. Qureshi stated additional easanent has been requested fr�m the develaper for further protecti� and provides another autlet to tY�e north. Mr. Briclmer stated the drainage easanent will be part of the hameawner's deed and wouldn't be able to be filled in. I�. Herrick, City Attorney, stated a drainage easanent is shown oa� the plat and survey. N�. Livingston asked N�. Bric]mer if he was satisfied in his c�m mind that the drainage would wark to which 1�. Briclrner answered absolutely. Nh�. Livingston asked r�r. Brickner if he would pay for this work and the stozm sewer entirely to which I�. Bricl�er answered in the affirniative. Cb�ci].man Schneider asked 1�. Flara if he feels this drainage plan would work to which N�. Flora answered in the affinnative. N�. Qui�shi stated if the drainage is canstructed as shawn on the drainage plan it would work. I�. Brickner stated he talked to the gentlema�z wYra at the last m�eting was ccazcerned about losing 18 ir�ches of his yard. He stated he has met with his suzveyor and none of this persons's property will be lost ever. though the line may not end up perfectly straight to the sauth. Councilman Schneider asked the estimated cost of the stonn sewer. Mr. Flora stated the ditch, cme pipe, and weir would be about $15,000. Cbut�cilman Billings stated the grades are very critical and the City will have to make sure evezything is cx.�ipleted to these specifications. Co�cilman Schneider stated. he wanted funds dedicated in case this system doesn' t va�rk, i N�. Qureshi stated th,e storm sewer funds could be eazmarked, if the Council so desires. He stated the City wc�uld collect $800 per lot for 16 lots in the plat far� a total aF $12, 800. Cbuncilman Billings asked i.f Councilm�n Schneider was suggesting the City advocate a policy that whenever they apprwe a plat, the storm sewer assessnents siwuld be c�ed.icated in order to �orreet ariy clrai.nage prcabZans. Councilman Schneider stated he is not advocating it, but reacting to previaus situatians where they have had pr�ablens with drainage. -12- FRIDi,EY CITY C70[INCII� MEETING OF APRII, 4, 19 88 Mr. Qureshi stated this situaticn is som�what tmique in that New Brighton's systen is accepting this drainage and usually drainage is all contained within the City's system. He stated if the Council wished to dedicate ftmds, it prwides an additional safety factar. Mr. Qureshi also noted the C�ty is obtaining a much larger drainage easement than what is normally dedicated in other plats. Nh�. Hriclmer stated he is surprised to learn of the $800 per lot fee for storm sewer. He stated he )maws this was the cost in the Haxris Lake area, but this water will drain to th,e New Brighton systen. Mr. Flora stated he dic�'t lmow why this wasn't explained to Mr. Brickner. He stated the whole area has been identified as a stornn sewer area and wauld be similar to Mr. Bric}mer's other devel�pnents, CYeel�'idge Park and Heather Hills. Mr. Herrick, City Atton�ey, stated Mr. Flora was correct ar.d the $800 per lot for storm sewer has been in effect far at least 15 years for that area. He stated this is City policy and holds true for the Harris Lake area and other develapm�a�ts kyy 1�. Briclmer. N�. Briclmer asked when the sto�n sewer assesment had to be paid and if it cauld be �.id when the b�ui.lding pezmit is issued. He stated the confusion abaut this starm sewer fee might have arose because the stornn water drains into tt�e New Brighton systsn and not FYidley's systen. He stated no water is clraining into the City's system and wandered if the $800 per lot pertains in this case. Mr. Qureshi stated this is a policy adopted by the City, but this fee could be paid at the time the building pezmit is issued, if the Council so desires. Cbuncilman Schneider stated he does r�ot have a prcablen with this storr�n sewer fee being paid at th,e tim� the building pezmit is issued. P'�yor Nee asked who prepared the drainage plans. Mr. Flora stated rir. Bric}mer' s cansulting engineer, Mr. Dennis Brannz. N�yor Nee asked if this engineer guarantees the drainage plan will function as praposed. He stated if there is a caricern with the design, the engineer wlx� clesigned this plan should take respansibility for it. 1�. Briclmer stated he certainly does guarantee it. He stated he would not sell Y�a[Yties and then have theqn flooded. M7TION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the m�tion carried ima,nimously and the public hearing closed at 10:20 p.m. It was noted that the stipulatians reco�rmended by the Planning Commission for sutmissian af a preliminazy plat with dimensio�s, lot area calculations, -13- -- FRIIg,EY CITY Q7UNCII.� ME�'PIl�IG OF APRII, 4, 19 88 and easenents and the submission af a stonn drainage plan have been cu�lied with by the develc�er. MyI'ION by Councilman Schneider to adapt Resolution No. 31-1988, Appraving Final P'lat af Heather Q�3cs, P,S. #87-07, with the follawing stipulations: (1) developer to submit a preliminary plat with dimensions, lot area calculatians and easer�ent prior to Council public hearing (campleted); (2) develaper to submit a stoxm drainage plan prior to Council public hearing (campleted). Drainage constru�tian d�tails to be approved by staff prior to C`ity's executing plat; (3) plat to be designed so as to prwide for a full cul-de-sac with the additian af the Ettel property; (4) storm sewer fee in the aQnount of $12,800 ($800 per lot) to be �id prior to execution of plat by City; (5) gark fees of $1,500 per each r�ew dwelling to be paid with new building permit; (6} th�e Ettel praperty to have a new double garage with a driveway cannecting to the new cul-cl�-sac, garage to be canstructed prior to the transfer of the a�mership o� the Ettel house parcel, new driveway and turf restoration af old driveway upon ccmpletion of cul-de-sac. A letter of cred:it in the amount o� $5,000 (to caver autstanding impravanents at time af signing plat) to be submitted to the City prior to the City executing plat; (7) Bric]mer Builders to furnish a letter af credit in the mr�unt of $98, 620 (City estimate of constnzction cost) to co�ver installation of street and utility im�rwenents in the event af develc�ment default; (8) an inspection fee of five (5$) of estimated construction cost (.05 x 598,620 =$4,931) to be p3id to City prior to execution of plat by City, to caver street and utility inspection services; and (9) the City Council recognize s and approves the variance for lot width of 65 feet for the Ettel house parcel. Seconded by Councilman Fitzpatrick. NDTION by Councilman Schneider to amend Stipulation No. 4 as follows: sto�n sewer fee in the a�nount af $12,800 ($800 per lot) to be ga.id 17y clevelaper as building perntits are issued. These funds shall be dedicated to Diecenber 31, 1993 to resolve any potential future prablens with this drainage system as ccrostructed. Seconded by Councilman Fitzpatrick. Upon a voice vote, Cbuncilman Schneider, Councilman Fitzpatrick and Councilwoman Jorgenson voted in favor of the motion. Ma.yor Nee and Councilman Billings voted against the motian. Mayor Nee c7eclared the irotion carried by a 3 to 2 vote. UPON A VOICE VOrI'E TAI�T Cfl�I � NY�IN MOTION, all voted aye, and Mayor Nee declared the moti� carried tmanimr�usly. • �,D BUSIl�SS: 3. ORDINAN(� N0. 902 APPRCJVING A VACATION, SAV #87-11, TO VACATE THAT PART OF NlQ�IlJI�Y SrRE�'T AS DIDICATID IN Tf� PLAT OF A�RN HILLS ADDITION, TOGETHER WITFi TI-IE I�ARTHERLY EXTENSION OF SAID MC�CIl�II.�EY STREET TO THE SOUTH LINE OF 'Ii� PLAT OF AN�ER OAKS, �RP T�LY IACATED AT 59 8 0 STIlVSON BC7[JL�E'�TARD N. E., BY BRIC�Q�R BtTILDER.S: NYJTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 902 on the second reading and order publication, with the following stipulation: this vacatian is cantingent upon final appro�val of the 17 lot Heather (�iks Plat (revised plat i.nclu�des 16 lots plus ba.lance of -14- 4. FRIDLEY CITY d0U1�TCII� N�I'Il�1G OF APRII� 4, 19 88 Cbstello h�use parcel equals 17). Seconded by Councilwanan Jorgensan. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried iulanimonisly. Q�NSIDII2ATION OF FIRSI' RFADIl� OF AN ORDINANCE APPROVING A REZONING, ZOA -Ol, TO REZOISE FROM 1�3, C�fL MJLTIPLE, TO C-2, GENERAL BUSINESS 'S 23 AND 24 Z'OG�'Pf�R WITH HALF VACATED ALLEY, BL� 6, FRIDI�Y PARK, � BEIlVG 6501 EASr RNER ROAD N.E., BY QIRISTENS�1 ALfPO: N�. Rcabertsan, Catm�ity Develognent Director, stated there has been some cc�cern regarding the amaunt aF easanent provided for the landscaping cn the camer. He stated the Flanning 4nmissiari originally reco�crmended 25 f eet and when the landscaping was campleted, staff recarnnended this should be increased to 35 feet. Mr. Christensen, the petitianer, stated the request far a 35 foot easement for landscaping was brought to his attention *oday. He stated he has a co�cern regarding his si� placHnent as it abut:� the triangle. Mr. Herrick, City Attorney, stated he didn't believe the sign was incampatible with the landscaping easement and that it shouldn't be a problan. N1CrPION by Councilman Fitzpatrick to waive the reading and apprave the ordinance upon first reading with the following stipulations: (1) petitio�er to sulxnit a starm drainage plan far staff appraval with Council apprwal cantingent izpan staff and Rice Creek Watershed District apprwal af plan; (2) petiti�er to sutxnit a landscape plan which is consistent with existing landscape elenP.nts. All landscaping to have autamatic sprinkling; (3) building facacle to be oomsistent with desic� and materials of existing structure. East side af existing and proposed building to be painted to match stucco; (4) Lots 21 through 29 to be canbined into one tax parcel prior to building pexmit; (5) new fencing on easterly lot line to have finished side taaard residences; existing fen�cing to have new boards added to residence side; (6) petiti�er to s-�ipply a seven foot easement all along East River Road far the purposes o� �Low starage and signage placenent prior to publicatian af rezo�ning ardinance; f7) petitioner to supply a 35 foot triangular easanent at the oorner of Mississippi Street and East River Road for public landscaping and/or other urban design imprav�nents prior to publicatian of rezo�ing c�dinance; and (8) provide appropriate access and parking ea.senents to accatmodate c:�netery visitors. Seco�nded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the moticm cazried tmanimously. 5. CONSIDERAT � OF A VARIANCE, VAR #87-05 DISTRIGT BOUNDARY LINE D REDUCE TFiE FEET TO 1__1_ F SETBACK FROM A 'sET TO ALLOW AN F.�STIl� BUILDING. AT�O� WI'I�i ITS EXPANSION. Z�0 O�MPLY WITH Q�DE; TO REDUCE THE SCREENING STRIP BETWEEN AN R-1, SINGLE FAMILY AND AN R-3. GENERAL MJLTIPLE DISTRIGT FROM 15 FEET TO 0 FEET; TO REDUCE THE SCREENING STRIP BEIW�1 AN i�l, SIIVGLE FANlILY AND A C-2, GII�L BUSIl�SS DISTRIGT FROM 15 FF�'T Tp 0 FEEI', TE� SAME BEII� 6501 EAST RIVER ROAD N.E. , BY CHItISTENSEN AL]'I�O: -15- '�' M •• M� i�l � • ' � Mr. Rd�ertson, C7�mlmity Develognent Director, stated these three variances are requested far the px�operty at 65d1 East River Road, Christensen Auto Boc2y. He stated the variances are to reduce the setback fran a residential district boundaxy line fran 50 to li feet; to reduce the screening strip between an R-1 and R-3 district frosn 15 to 0 feet; and to reduce the screening strip between an R-1 and C-2 district fran 15 to 0 feet. He stated the hardship cited was the narrowness of the lot makes it ec�cmically unfeasible to develop lots with setbacks, and the existing building is presently set back 11 feet frcm the property line. Mr. Robertso� stated the Appeals Ccnmission reviewed this variance request an March 3, 1987 and recaamended approval of these variances. MyI'ION by Councilman Fitzpatrick to grant these variances, VAR #87-05, for Christensen Auto Body, 6501 East River Road. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, l�yor Nee declared the mation carried �anim�t�sly. 6. ODNSIDII2ATION OF A SPECIAL USE PERNNUT, SP #87-03, TO ALLOW A REPAIR GARAGE 0�1 LO►I'S 23 Al�ID 24 'IbGE�R WITEi HALF VA('ATED ALLEY, BIACK 6, FRIDLEY PARK; 'PO ALL�OVJ EXTERIOR STOR�GE OF N�TERIALS AND D�UIPNIEI�IP ON LOTS 25 THI2OUGH 28 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK; TO ALLOW AN ALTI'ONDBILE PARKING LdI' ON LOTS 25 THROUGH 28 TOGETHER WITH HALF VACATED ALLEY, BL�OC'K 6, FRIDI�.'Y PARK, EX(EFr THAT PART OF LOR' 28 , BLOCK 6, FRIDLEY PARK, THE SAME BEING 6501 EAST RIVER ROAD AND 6509 EAST RIVER ROAD, BY Q�tIS`I�ISII�1 AIl'l�0: Mr. Rc�bertson, C�nunity Development Director, stated this special use permit involves allawing a repair garage, with exteriar storage af materials and equipment, and allowing an autctrKabile �rking lot on residential land adjacent to the principal use. He sta.ted the special use permit involves Lots 23 through 28, but not Lot 29 which is used far a canetexy. Mr. Rabertson stated the Planning Catmissio� at their March 11, 1987 meeting reca�nended approval of this special use permit with 11 stipulations as srxxvn. on Page 6F of the agenda. NDTION by Councilman Fitzpatrick to grant special use permit, SP #87-03, with the follaving stipulations: (1) special use for repair garage is issued for repair and refurbishang of autanobiles within the existing and proposed structure rnly. No c�utsic�e work, other than moving aF vehicles, is allawed autsic� aF the building ca� Lots 21-29; (2) petitianer to install two new davn draft filter systans to minimize odors frc�n painting operations; (3 ) hou.rs of c�perati� limited to 7:00 a.m. to 10 :00 pm. subj ect to review by Planning C�ussian should there be neighborh�ood cunplaints; (4) special use permit far� repair garage is subject to approval of rezoning to C-2, General Business, an Lots 23 and 24; (5) special use for autside storage is issued for starage associated with the princip�al use cn Lots 21 through 24 anly for present and subsequent owners; f6) storage yard shall be fully screened with a solid eight foot high cedar screening fence with opaque gates. Northerly mc�st gate to be closed wY�en r�t maving vehicles; (7) cars which are leaking fluids will be drained prior to starage; (8) special use -16- ' I�; M •• M� I�1 � • '� far� vehicle g3rking is fo� custaner and emplayee parking associated with principal use ai Lots 21 through 24 �ly fo� present and subsequent owners. No star�age of cla�riaged cars ar� parts allowed wtside � building or storage yard; (9) parking and storage area will be constructed in a manner which respects the existing canetery, and saves all existing trees mt located in future paved areas; (10) lot 29 to renain as green area to provide buffering and an access easartient to the canetexy; and (11) two driveways allawed onto East River Road only, others to be closed. Seconded by Councilman ScYuyeider. Upon a voice vote, all voting aye N.�yar Nee declared the motion carried tmanin�usly. 7. C7�ISIDERATION OF S�'ITING A PUBLIC HEARIl� FOR AN ORDINANC� ANJENDING SECTION 2.03 OF THE FRIDLEY CIZ'Y Q�AR'I�R: NYYI'ION by Councilman Billings to table this item until the Charter �nission catrpletes its study of the Q�arter and recarcmends other changes. Secc�ded by Councilman Schneider. iJpon a voice vote, all voting aye, Mayor Nee declared the motion carried Lmanunously. 8. ITEM FROM THE PI�ADIl�ING �O�NA�SSION NIINCTT'ES OF N�,RCH 9, 1988: A. �NSIDERATION OF A SPECIAL USE PERNIIT, SP #88-03, TD ALLAW RETAIL SAI�S OF NDBILE HOME AND R.V. PARTS AND ACCES90RIES; TO AL�IA�NT E}�PERIOR STORAGE OF N�.TERIALS AND �2UIPN�TI' ON LOT 1 SL� 1. i�AL RICE CREEK TERRACE. Tf� S�ME SEIlVG 6400 C�Ti'R Mr. gobertsan, �m.mity Develognent Directar�, stated this request is f or a special use permit to allaw somne retail sales in an industrial area and a11vw autside starage located within a fenced star�age yard. He stated the Flanning Ccnmissio� reviewed the request cn March 9, 1988 and recorcunended appraval with stipulatic�ns. I�e stated staff has macle some changes to these stipulations to make than mpre specific. Cbuncilman Fitzpatrick asked if it was clear there w�uldn't be any storage of vehicles for sale. Mr. Robertson stated this crn�ld be clarif ied in the stipulatians. Cbur�cilman Billings requested an explanation of stipulation No. 6. Mr. RQbertscro stated at the time the owner initiates the camper busin�ss, or prior to March, 1989, this special use permit for outside storage will be reviewed in order to caver the prablem the Council is concerned about whether there will be visible display of vehicles far sa].e. Mr. Kitterman, awner of the property, stated in regard to stipulation No. 10, it is ba.sically to what they have agreed. He stated tt�e praperty has high and low points and there are same residential properties behind. He stated there is no way they could absolutely pravide an area for.the campers where they w�wld not be seen wer the fence. i�e stated fran the street side, the ei.ght foot fence should prwide adequate screening so the campers would not be visible. Cbtmcilman Fitzpatrick stated his concern is not with campers behind the -17 - • I�' M •• M� ��1 � • ' � fence, but any displays out in front af the building. Mr. Herrick, City Attorr�y, felt a stipulation could be added stating all retail sales and storage shall be within the fenced area. A lady in the audience stated she had a concern abonit vehicles outside the storage area and asked if recreation vehicles would be maintained and re�aired an this site. Mr. Rittennan stated if they enlarge the busin+ess and sell campers, he felt they wr�uld r�eed to service those units. He stated any sezvicing would be done inside, with no wark autsic�e the building. The question then arose if Mr. Kittern�an would be c�perating a garage. Mr. R,abertson stated this special use pernut is for autside storage caly. Mr. Herrick, City Attorney, stated this particular special use pezmit is only for autside storage. He stated if Mr. Kitterman is going to have various businesses going on within the building, it is up to staff to determine if the use is pernutted within the zoning and whether any special use permits are required. He stated he doesn't believe this special use permit covexs any activity except to allaw the cutside storage and if there is to be a repa.ir garage ar� auto servicing, another special use permit would be required. NDTION by Courbcilman Schneider to grant special use pe�►it, SP #88-03, with the following stipulations: (1) redesign parking lot with concrete cur3� and gutter, striping and setbacks as indicated on City plan dated January 26, 1988; (2) install autanatic sprinkling, bern�ing and landscaping as indicated on City plan dated January 26, 1988; (3? install decorative eight f oot high fence along east of storage yard as indicated � City plan dated January 26, 1988; (4) install new eight foot high decorative fence setback ten feet fran west property lirre and plant trees 30 feet on center in said setback; (5 ) refurbish narth, sauth and west fen�ce adding slats and vines as needed and approved by staff; (6) s�ecial use far� outside storage to be reviewed prior to such time as c�aer initiates camper business or prior to March, 1989 whichever canes first (SUP lapses if not used within cne year) ;(7) avner to work with City to design an acce�ptable building facade upgrading plan; (8) npise to be mana.ged to minimize adverse impact on adjacent property; (9) storage area lighting slx�uld pravide far cut off at p�r�perty lines; (10 ) no storage will �tend abwe the fence so as to be visible from grade level autside aF yard; (11) all landscaping and site work to be completed by Octd�er 1, 1988; and (12) a perfornnar�e bond ar� letter af credit for $2d,000 to be su�nitted prior to initiating activities covered by the special use pezmit. Seconded by Councilwanan Jorgenson. NDTION by Councilman Schneider to a�nend stipulati� No. 6 as follows: (6) �pecial use far outside storage to be reviewed prior to such time as awner initiates ca�nper business ar� prior to March, 1989 whichever ccxnes first and each six mca�ths thereafter until March, 1991 (SUP lapses if r�ot used within one year) and to add stipulatiari No. 13 as fallaas: all c�utdoor display and retail sales and storage shall be within the fenced area. Seconded by -18- FRID�,EY CITY Q�INCII.� N�TING OF APRII� 4, 1988 Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the moti� carried imanimausly. UPOTi A VOICE V(7I'E TAE�I CN Zi� Ng1IN NDTION, all voted aye, and Mayor Nee declared the mr�ti� carried �vmously. 9. G�ONSIDERATION OF A QUIT CLAIM DEED FOR RELEASING THE PRE PLAT ROADWAY FA�r FOR UNIVER.SITY AVENCTE SERVICE R(J�D: N�. Flora, Public Works Director, sta.ted this is to correct a stuvey error. He outlined the area wh�ere the road was located and stated the aligranent had changed sar�vhat fram 197 8 to 1980. He stated when the C�ba Realty Plat was platted, the error was never discwered, hawever, when the property was to be sold, the discrepancy was faund. Co�ilman Billings asked if it was necessary to acquire same property on the other side c� the road. Mr. Flora sta.ted the City has the ea.sement f or the full width af the road even tho�ugh th�e lir�e has shifted to the west. I�. Herrick, City Attorney, stated the City has the necessary easement by virtue of the plat. He stated he �mderstands that prior to the plat, the owner gave an easanent to the City and the easgnent is as described in the quit claim deed six�m cs� Pag+e 9A of tYie agenda. He sta.ted the property was platted at a later date and the easgnent stx�wn cn the plat varied slightly fram the easement given to the City before the plat. He stated the Northwestern Orthapedic Surgeons medical group who purchased the property has made inquiry about mortgages and the mortgage canpany raised the question that the easanent given p�ior to the plat and with the plat are �t identical. He stated in ar�der to d�tain f inancing, the mortgage co�npany wants this cleared. NDTION by Councilman Billings to authorize the Mayor and City Manager to execute this quit claim c3eed. Seconded by Cotuicilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ia�arLUnpusly. 10. �NSIDERATION OF SEI'!'ING A PUBLIC HF,ARING FOR APRIL 18, 1988 FOR THE REPLAT OF SHOREVJOOD PLAZA IlV ORDIIZ ��RRECT RIGHT OF V�,Y ALIGI�Il�lENr DEFICIENCIES, T,T, �RAr,r.y I,pCATEp Tp THE NORTH AND SOUTH OF RICE CREEK ROAD BETWEEN CEIJI'RAL AVENUE : N�. Rcabertsoa�, �mimity Develagnent Director, stated the petitioner has requested postponement of this item. The Council, therefore, took no actio�. 11. Q'�TSIDERATION OF SE`ITIl� A PUBLIC HEARIl� FnR APRIL 18, 1988 �R VACATION OF THOSE PUBLIC RIGHT OF 4�+,YS AND EASII�TI'S INCZLTDID IN THE PLAT OF SHOREWOOD PLA7�P, AND NC7P IlVCLUDED IN Tf� REPLAT OF SHORF.Tna00D Pi,AZA: Mr. Robertson, �rmimity Development Director, stated the petitioner has requested postponement of this iteqn. The Council, therefore, took no action. -19- • n� M •• u� ��+ � • -� C t: 12. Q'B3SIDERATION OF APPROVIl� SURVEYORS �!'IFICATE OF �RRECTION TO THE PLAT OF SHOREWOOD PLA7,P,: 1�. Robertson, Qnmunity Devel�nt Director, stated several errors were faund in the plat at the time it was to be recorded at the County. He stated in an effort to expedite this process, the City Attorney and staff met with the develapers and Anoka Cbunty representatives and it was agreed the City Attorney wr�uld cxmnence proceedings to l�ave this corrected. He stated in c�der to allow the developer to proceed with the mar�tgaging, it is requested the Cbuncil approve this Surveyors Certificate of Correction to the plat af Shorc�w�ood Plaza. M7rION by Councilman Schneider to approve the Surveyors Certif icate of Correction to the plat of Shorewood Plaza. Seconded by Councilwoman Jorgenso�. LTpon a voice vote, all voting aye, Mayor Nee declared the motian carried �manur�ously. 13. RECEIVING THE NBI��90TA DEPAR'I�JP OF TR�NSPORTATION'S LETTER, DISTRICT 5, DATED N�RC�i 10, 1988 RE: AGR�I' ON THE I-694 NDISE ISSUE: M�TION by Councilman Fitzpatrick to receive this letter fran w.M. Crawford, District Engineer, dated March 10, 1988 regarding co�nanitments for sound control for area N6. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the m�tica� carried imanimonisly. 14. O�NSIDERATION OF RE�IVING BIDS AND AWARDING Q�NT'RACT TO IaAILEY UONS'I'RUCTION U�ANY FUR TEIE SATELLITE FIRE STATION: Mr. Aldrich, Fire Chief, stated this project was rebid and eight bids were received for the satellite fire station. He stated the low bidder was Lhiley Cbnstruction and it is recca�unended this bid be accepted, with the sail correctiari, and chi��ey deleti� for a total of $171,303. NNy(YYPION by Councilman Schneider to receive the following bids for constructian af a satellite fire statice�: i. c ►i. • ���; Uailey Can.structian 8510 Central Avenue N. E. Minneapolis, NN 55432 Gbttonwood Canstruction 9240 Cbttonwood L�axie Maple Grave, NN 55369 SpraLmgel Construction, Inc. 19491 - 109 th Ave. N. Hanwer, NAT 55341 Bricl�aer Builders SOIL DID�7C'I' BUILDING CDRRECPION CHIl�'Y $157,900 $15,460.00 $2,057 $167,740 $16,675.50 $1,300 $169,500 -20- $18,020.00 $1,400 Z�0►PAL BID $171,303.00 $183,115.50 $186,120.00 FRIIA�Y QTY aOtlNG7I� N�:ETING OF APRII, 4, 19 88 6230 Highway 65 N.E. #104 FYidley, NA] 55432 Merrimac Const. Gb., Inc. 1409 - 159th Ave. N.E. Anopka, NN 55304 Dlavid N. Vol�t�ann Cbnst. P. O. Box 126 C`ircle Pines, NN 55014 R/Con Constructian Cb. 2593 Ralph St. White Bear Lalc�e, NN 55110 I�! Building Cut�any 1620 Central Ave. N.E. Minneapolis, N�1 55413 Artic Electric, Inc. 2632 8th Ave. No. Anoka, NII�T 55303 $170,299 $17,006.00 $2,160 $185,145.00 $184,453 $20,229.00 $1,325 $203,357.00 $197,940 $20,300.00 $1,900 $216,340.00 $207,000 $15,460.00 $1,700 $220,760.00 5207,180 $16,500.00 $1,300 $222,380.00 Bid Electric Only - $1,929.00 Secomded by Cotmcilwcman Jorgenson. Upon a voice vote, all voting aye, Mayor Piee declared the motion ca�ried tmanimrnisly. Mr. Aldrich stated the soil correctio�n area was expanc�ed as it was felt it was in tive best interests of the City resulting in an increased cost of aboait 66�. NDTION by Councilman Schneider to award this bid for construction of the satellite fire station to the lav bicldex, Dailey Cbnstruction for $157,900 far the building and $15,460 far soil correctian, less chimney deletion of $2,057, � a total bid of $171,303. Seconded by Councilwaman Jorgenson. Up�n a voice vote, all v�ting aye, Mayor Nee declared the motion carried tmanimously. 15 . CS,AIl�TS : MyI'ION by Councilman Schneider to authorize payment of Claims No. 19595 through 19733. Secor�led by Coun�ilman Fitzpatrick. LTpo�n a voice vote, all voting aye, Ni�yor Nee declared the motion carried tmaniit�ausly. 16. LIC�]SES: NDTION by Councilman Fitzpatrick to approve the licenses as subm.itted and as cn file in the License Qerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion caried unan-imo�usly. 17 . ESTII�,TES : -21- FRID�Y CITY Q7CTNCII, MEErIl�]G OF APRII, 4, 1988 MyI'ION by Councilman Schneider to approve the est�mates as sutxYUtted: Gamnon Brothers P.O. Box 83 R,�ers, N�V 55374 Sprin�rook Nature Cler�ter �bnd I�rovenent Proj ect #173 Estimate No. 5 . . . . . . . . . . . . . . . . . . . $ 17 , 286 . 01 Shank Mechanical 3501 - 85th Av.e., N. Minne.apolis, NqV 55443 Regair af C�t�ns Park Filtraticn Plant Project #164 Estimate No. 7 . . . . . . . . . . . . . . . . . . . $159,601.00 Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Nkzyor Nee declared the motion carried tmanimrnzsly. AI�TOiJRI�II�TP : MO'!'ION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Cotmci].man Schn+eider. Upon a voice vote, all voting aye, Mayor Nee declared the mr�tion carried unaninx7usly and the Regular Meeting of the Fridley City Council of April 4, 1988 adjourned at 11:20 p.m. Resp�ctfully suLmitted., Carole Haddad William J. Nee Secretazy to the City Council Mayor •.. . -. -22- 1 Form No. A.F. 4—Notice to Clerk of Meeting of Board of Rcvicw— •Equalization. Poucher. M�Is. � - -- — - ' OFFICE OF COUNTY ASSESSOR � TOTHECLERKOFTHE City pF Fridley � ' ; Anoka COUN7Y. MINNESOTA: i i NOTICE IS HEREBY GIVEN. That the 18th (Monday ) day of April , 1988 : at �� 3 � o'clock P M.. has been fixed as the date for the meeting of the Board of Review— � C 1 t �s��� om o�� `�yjy�a�li��tyb�t-in your Y for said year. This meeting should be held in your oftice as provided by law. � Pursuant to the provisions of Minnesota Statutes Section 274.03, you are required to give notice otsaid meet- ing by �uhlication and posting, not later than ten days prior to the date of said meeting. � Given under my hand this 25th dayof January .1988 . i � � ;-=�� .� -�,� ' ay e eon � ounry A�sessor � _ � Anoka . County, Minnesota � �`A{+plies onh to cities whose chaner provides for a Board of Equalization instead of a Board of Re�•icw. CITY OF FRIDLEY OFFICIAL PUBLICATION ASSESSMENT NOTICE NOTICE IS HEREBY GIVEH, that the Board of Reviex of the City of Fridley in Anoka County, Minnesota, Will meet at the Council Chambers of the Fridley Civic Center in said City on Monday the 18th day of April, 1988, at 7:30 p.m., for the purpose of revieWing and correcting the assessments oP said City of Fridley for the year 1988. All persons considering themselves aggrieved by said assessment or who Wish to complain that the property of another is assessed too lo� are hereby notified to appear at the said meeting and show cause for having such assessments corrected. No complaint that another person is assessed too loW Will be acted upon until the person so assessed, or his agent� shall have been notified of such complaint. Given under my hand this 23rd day of March, 1988. Shirley A. Haapala Citq Clerk Publish: March 30 and April 6, 1988 3/0/3/32 1A 2 A7BLIC HFARING BEFORE �iE QTY �IJNCLL Notice is hereby given that there will be a Public Hearing of the City Cotncil o� the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, April 18, 1988 in the Co�cil Chanber at 7: 30 p. m for the purpose of : Consideration of a Vacation, SAV �87-12, by Shorewood Plaza Partners, to vacate that portion of the service road lying east of and adjacent to Trunk Highway 65, being a part of Lots I6 and 17, Auditor's Subdivision No. 88, Anoka Co�ty, Minnesota, generally located at 6257 Highway 65 11 E. Any and all persons ciesiring to be heard shall be given an opport�ity at ttze abwe stated time and plaoe. WtLLIAM J. 1�E P'�YOR Putal ish : April 6, 1988 April 13, 1988 Any questions related to this item may be referred to te Fridley Comm�nity Developnent Dep�rtinent, 571-3450. Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: �� Q�e�, �itY 1'9anager IW88-115 FROM: � G. Flora, � Director o� Puhl ic Works DATE: April I3, 1968 SUBJECT: �orewood Plaza Servioe Road Vacation In January, 1968, the Planning Commission supported the vacation of the Hic�way 65 East Service Drive along the Shorewood Plaza Shopping Center property lu�e. ZY�eir reao�nendation included four stipulations and was based upon the realic�ent and imprwenent af Rioe Creek Road. Because o�f oonoern with the existing use of the servioe road, hlockage o� the servioe road was installed on Marrh l, 1988. Zl�e blockage has continued to date. No ir�quiries or questions have i�een reoeived by this offioe. If the Co�cil ooncurs with the Planning Commission recommendation, they should also identify the property as excess to the City neect� and provide for the trarLSfer to the Shorewood Plaza Partnership. �F/ts Attad7rnents 2A �' � �. . • : � : .i�l � •�.��� �,� � ��Y � : �. : ;� Mr. Brody stated he had no objection to that, . because entranoe into the prorj ect was thei r maj or a�ncern / Mc. Betzc�d stated Staff was asking the Planning Commission o table this item to give �e City more time to work with the dev oper on some alternatives How did Mr. Brody feel about delaying this ? Mr. Arody stated they w�ere not planning to start wnstr ioal tntil spring, . but haa long would this be delayed? Mr. Robinson stated ti�is probahly would be brou�t/back to the Jan ?7th Planning Catmission meeting � Ms. Angie Gelbert, . 6291 Central Avenue, . state she had not reoeived ariy previous notives of �is developnent, . and #�i as the first time she had heard of any develognent. She stated sh would like to know how this devel opnent woul d af f ect her asse ssments an h aa it woul d aff ect the tr aff ic on Rive Creek Road and Old Central. She ated it was very difficvlt to get out o� her driveway onto Old Cewtral naw Mr. Robinson statQd that as far as fih�developnent, . there would be no effect on Ms. Ge1 dert's property in terms o� asse ssnents Cc�uncilmember Schneider stated hat as far as the City Council was o�noerred, .�ere would be n� es ssnents regarding road imprwenents Mr. Rc�binson stated he was so to hear that Ms Geldert had not reoeived ar�y grevious notiaes as �e ould have been included on the mail ing 1 ist. !�e .tated Ms Gildert was oame to stop by anytime at City Hall, . and he would review the proec� ti� her. �Q�I b� Mr. Rnndri�lSf seo�nded b� Mr. S�anda, . to close �e publ ic hearir�g T7Fi�N A VOICE VO!£�. . VOTII� A�, . Q3AIIZ�RSCN BEZZ ¢D IE CZARED THE NDTION CARRIED UNANINDU AND THE FUBLIC HEARIl� Q,CSED AT 7:55 P. M MQTZQN by Ms, Sherek, . seconded by Mr. Kondrick, . to table further aonsiderati this issue, . and that Staff be directed to develop some alternative for hancIling the traffic in and out of the developnent with aaiments f the developer. His. She k stated Staff should pay particular attention to limiting the impact �e people on 63rd Avenue and to explore the possibility of an "ent oe a�ly" at tfie pcoposed driveway location A VOI� VO�, . ALL VOPIl� A�, .�AIIti£RSCN BEEZ'LL¢,D T.EQ,ARED THE M�TION ED UNANINDI)SLL' 2. C�OI�IDERATION OF A�VA�CATION, SAV #87-12. BY�$� PLAZA PAR'I'AERS; To vacate all � ii�at portion of the Hic�way 65 east eervice road lying westerly of and adjaoent to the Shorewood Plaza Shopping Center, . generally located at 6257 Hicj�way 65 I�l E -4- 2C : : �41 � !� ��� �;, � ��Y � : �, : ;+ Mr. Robinson stated the reason for the vacation was that with the impzwenents to the irttersection of Hic�way 65/Rioe Creek Road, . they saw there was a negative in terms of traffic safety because there was not sufficient setback fran t3�e state ric�t-of-way to where t�e traffic aanes in and out on the servive road 7he City was �roposing that the entire portion of the servioe road adjacent to the shopping center be vacated. 'if?at property would then revert to the shopping center aaners. �e �aaners, . in turn, .would grant the City an ea�ement so there would be access fram the FricIley Liquor Store to Riae Creek Road A].l traff ic, . primarily traff ic frcm the Liquor Store, . would be able to circulate throuc,� the shopping center and then out to Rioe Creek Road �is pcoposal has been v�ordinated with the Public Works Department and with MnDO'� Mr. Robinson stated Staff was reo�mending the follaaing stipulations: L Dpveloper to supply a storm drainage plan for existing oenter pr i c�c to f inal appr ov al o� vaca ti on 2. I�eveloper to supply a joint driveway easement to the City �nnecting the minicipal liqu�r store to Rive Creek Road prior to final approval af vacatiorL 3. I�vel ope r to supply a rev ise d par king 1 ot 1 ayout sci�eme pricr to f inal apQrwal af vacatia�. 4. Developer ao,rees to implement the lanc�cape plan supplied tr� City upon oompletion of Rioe Creek Road imprwenents A7.1 green areas to have autanatic sprinkling Mr. I3rc�dy stated he felt they were in favor o� the vacation �ey feel it will improve ti�e property and be in keeping wit3� the averall plan for Moore Lak�e Carmons 9e bad no objection to the stipulatio�s. Councilmenber Schneider asked if ti�is vawtion would affect �e Lift Mr. Rorinson stat,ed 'IY�e Lift ooud possibly be impacted He �tated Scott Holm, owner o� �e Lif t, . did call tfie City but he was riot able to attend t3�e meeting A median was being proposed on Hic�way 65, and southboincl traff ic would not be able to ac�oess Zlie Lif� Also, . the vacation of the service rc�d would tend to cvt o�ff some aoaess to the store. Mr. Rc�l�in�on stated he felt t3�e closing of ti�e median on Hic�way 65 would be m�e o� a p�oblen t3�an the vacation of t3�e serviae road IMis Sherek stated if �e servioe road was clearly marked that the acness was throucj� the shopping center parking lot, .�at should actually ease the negative impact; because ti�e way the service road is now, . it is not in a very good position and is hazardous in terms of traffic mw�nent. She stated she goes throuc� the �opping oenter parking lot and past the cgooery store rxyw to get to the servive road, . rather ti�an make tfiat quick left onto the serviae road fran Hic�way 6� A¢. R�inson stated the easement would really be a pub�l ic easement and was �� 2D i : �hl ► �.�.✓�1�. �,� „��M � : ,. : :� r�ot f a� ti�e 1 iqu�r sto� e anly. �Q�l by Mr. Rnndrick, aeo�nded by Mr. Svanda, . to reoomnend to City Council appraval of SAV: #87-12 by Shorewood Plaza Partners to vacate all that portion of ti�e Hic�,way 65 east servive road lying westerly of and adjaoent to t3�e Shorewood Plaza Shopping Center, . generally locat�d at 6257 Hic�way 65 I1 E, witfi the following stipulatia�ns: . I. Developer to supply a starm drainage plan foc existing � oenter pcic� to final ap�zwal a� the vac$tioa 2 neveloper to supply a joint driveway easement to the City oonnecting the m�icipal liquore store to Riae Creek Road prior to final a,pgwal c� �e vacatiaL 3. Developer to supply a revised parking lot layaut sd�ene prior to final appraval af tfie vac�tian 4. I�vel ape r agrees to impl enent the Ianclscape pl an suppl ied by the City upon oompletian of Riae (Yeek Raad imptwe- ments AZl c3reen areas to have autoaatic sprinkling UFON A VOI� VO'�, . ALL VO�TII�I; A3�, .�A7R�RSQ1 BETL¢D LEQ,ARED THE I�JTION C�2F2IED UI3AN7M)USL� � -.. . -. . - . . . -- . . - . . - . - . ��-- . 1� � � : � ► f : � � \ ,�i� ��,��i� �� ►. / � J : \ ' i���l/: ,� � Yr� . • � � �1��� �i� . � • • \ � �/� ' Mr. Rrbinson stated the wnoept as Fzoposed f ran the begi ng wa at the ol d shopping aenter woul d be renodel ed to be vonsi ster�t 2t�i t�h w ce nte r in its desigi elenents At this time, . ii�e developer �are re to begin the renodeling of t3�e existing shopping center, . and �will renamed Moore Lake Comna�s West 'the glan foc tfie �opping �etiter i o construct a new metal canop� wer tfie sidewalk area. �e met�' cano ,. t3�e acoent striping, . and the stucoo sig� band will be aonsister�t �in tfie aenters and will be �iform in o�lor. �e only deviatiori o.�lor ill be for reooqiized logos for future a existing tenants whid�,�c�t a different color. �is was cnnsistent to what has been cbne iu� �the �hopping oenters �►e City feels this renodeling will be an e�aoe�ent ge to the �oppsng oerrter. Mr. Rc�binson stated Staff w�s r mmending the fallaaing stipulatio�s: L Sigi criteria to 1� pc ided whid� are wnsistent witi� those se�tmitted fa 1►Spbr ake Ca�mons 2 All sigis �,oi th existing and proposed oenters to be the same aolor u� ap�xwed tr� tfie develaper and the City. 3. Pyl ig� size for existing venter aontinger�t upon app�cval e varianoe for area. ��binson stated the present pylon sign size was 224 sq. f� The eloper plans to relocate the sign and remodel it at the same square _� � , w o �3�, -- I�E¢ �� Q w `T�/� 7 � N � �_ �,p ------=�-- M ��/G L6d yNL � ,� �s �'i� �0 7 � o �s �s �oa _ 1 Q Z/ �'o h i m�rl9 � B �� � '••° �!�n) . I . �'"'° ;��s. a Q\ N � �r3l,rY/"i.�s •;:r �.1b% a r � H' _�_ �--1--- —��5��: -----t---- A �i o9 V �2. j fIC' �� 76,2s J • I j� ��� Cj� ! � �a � grs� rf� �x, 6 5�.�..� ? orr.or,� � � ' � ��r i; -.. ; �� �"��� � a ;' � i ^ �� i 205�3 � 41y, , . �t \ 0 !�o)�f) QQ �1 ; q �ry btl�4 /Q• � �v i� �� � �V � �SO� aq � I ,� �� ��. bp$ ; � w �QO SAV ��8�-�2 2E Shorewood Plaza Part. •�� � �- � � r � RO� � �� ��lA�� � ' � l�'� a " . l � 0 �� , � . c+; � 3 �+�0 � � ! o , , '��i ' � .�3� a�¢ . , e '���� • '� , �. � �z�„ ��� � ; . R M s �'�� � ��, ��►� ' �' " 0 � �� .�� 5�,.1 �� /6j31c) �0 k qti � . L�' P' � 'b� � 2I R ; � ��,rs ¢ -�o� , ��y � .� � ���v ' �4p1 � �. � �4 E� . �. �9-s" � CaI l o ' b;; �... .3 h� (�� �', �o ^V . . _.. _ % Z � � ° ,' � , � -5�ti ;� _ ; _"�yJ h' ; y � } � i s i r � ' � ; i � , , , ' , i `� � � .� , , � , �' ; , � ;•W ; , � a � � � fj�� i �� (200� ' , " �-�---. ; , . - - •� r � J• _ ;Lt. •• � ' `.- • ' � l ���) • �' � i i' �(/ �Oyv ,, � ' _ _ _ CI�f �/A ' . ; , � v�n�• �� i • /e✓e�r o%,� /.+e. ` � � � ' � ' , I .1, 1 .vv , . � _�n � 1 i ' y► SU6D. � �-' :. ; , � . , ; , . o i' � 3 ' � � ' ( � ' . � '� , f � ..,- � �� � ; ' ; � � .36/,� � � ' ~� •��� ' : rM t� . 'y �^ I , , r f •i i � i j ��, � Q' ..r ♦ �� (��o� j� � ..t ... ; � ��) ; \; y Ci! cf •: ti i .' o d� � ti��Br � _ �'"'��° ° �:ty�sy�fy •. � ; � ',� .so , �.ff! ` c ,� � � i � 7S'' -`'----�- ---'�----_• d? ' , ,/�� /�tfllsi. ry. ---� /9//..�ii .ZB•9f c � T � � � ' � - ,, , � 1 LOCATtON MAP ARFA l, SAV ��87-12 2 F Shorewood Plaza Part. I � � � . I ;� i � �� . l 1 1 PRELIMINARY SERVICE �iOAD RELQCATION DESIGI' SAV �87 12 .. •• � •�� � STIAJLA�I(1dS 1. Developer to supply a stornn drainage plan for existing center prior to f inal apprwal c� vacation. 2. Devlc7per to supply a joint driveway easement to the City connecting the m�icigal liquor store to Rice Creek Road, prior to f inal approval of vacation. 3. Developer to supply a revised parking lat layout schene prior to final approval o� vacatic�. 4. Developer agrees to implenent the landscape plan supplied by City upon oampletion of Rioe Creek Road imprwenents. All green areas to have autanatic sprinkling. i 2G CRDINAN� NQ QtDIN�fNCE � AI�L�ID 241E CITY OODE OF THE QTY OF FRIt�EY, NII�IN��A BY MARING A�ANGE IN ZCNING DISlRIQS The Co�cil of the City of Fridley does ordain as fallaws: SE(TION 1. Appendix D of the City Code of Fridley is amended as hereinatter indicated. SECTION 2. The tract or area witnin the County of Anoka and tne City of FYidley and described as: Lots 23 and 24, together with halt tne vacated a11ey, Block 6, Fridley Park, aocording to tne Plat thereof on file and ot reoord in the off ice o� ttie County F.ecorder in and f or Anoka County, Minnesota, the same being 6501 East River N. E. Is hereby desic,�ated to be in tt�e Zoned District known as C-2 (General Business). SECTION 3. That the Zoaling Ac�ni.nistrator is directed to change the off icial zoning map to shaw said tract or area to be rezoned f rom Zoned District R-3 (General Multiple Dwell ings ) to C-2 (General Btisiness), subject to stipulations adopted at City Council meeting of Pg1SSID ADID ADOPI'ED BY TfiE QTY OQJNCIL OF THE QTY OF FitII�,EY THIS DAY OF , 1988. WILLIAM J. 1�E - A'g1Yt�R �ITFST; 3iIItLEY A. HAAPP,LA - QTY Q,IItK Public Hearing: March 28, 1988 First Reading: April 4, 1988 Seo�nd Reading: Pub�l ish : 3 3A .• � � � . zc�, �s�-0i S!'IAJLl�IC�iS 1. �titioner to subnit for staff approval a storm drainage plan by April 13, 1987. City Co�mcil approval contingent upon staff and R G W. D. appraval o� glan (tuider review) . 2. Petitioner to subnit a landscape glan which is oonsistent with existing landscape elenents. All landscaFing to have autanatic sprinkling. 3. Building facade to be oonsisterit with desic� and materials of existing structure. East side c� existing and proposed building to be painted to matdl st ucoo. 4. Lots 21 throuc� 29 to be ornnbined into one tax paroel prior to building permit. 5. New fencing on easterly lat 1 ir�e to have f inished side taward residenoes; existing fencing to have r�ew boards added to residenoe sicie. 6. Petitioner to supply a seven foat ea�ement all along East River Road for the purposes of snow storage and sic�age glaoement �rior to �ublication of re2on? n� ord? nan_cQ. 7. Petitiazer to supply a�, foot triangular easement at the corner of Mississippi Street and East River Road for public landscaping and/or other urban design improvements �rior to Dubl icat ion of rezonina c�rrlinanc�p� 8. Provide app�Friate accpss and �arkin_g eas ments to accomodate cemetary visitors. , ..� -�. .��-- - : . =;: _� - ~�%� F; � � � �"�r � � / � ` � \\\\\\\\ _��\\\�/ � � • � `M �, . . . . . � :� � �- K.� .-s�� . � .\ L • � '. % J • ����\ ; �. :` \ . -' �� � . -_- � . �� .' ..� �\ � � =� , i t=. ..� .� �, _ '� , ��, . �:� �- ,. �. ZQA #87-01 ��u Z.�istensen Auto p 4 ►. l-�{ZWi`� 2��W� V�+�y�CJ���YiZ �2} 9Q ri �im�W�y��� � Z����YW<y�yLY �i��np� IuL�rsoi e x xg�o�u ot�,w .'�aW�qdv.cv z � � �: _ 1 I � � . �I:.I;.,.T. �• - C �'�,`, -•-- �i I � � I,� � :� �► � -�, C=�.cr�� t�--:� it c_ - � ��L� . ;-►� 'ti �.� ; •_ A.,��x, u', f?�-lZ �. �.�.'��y' :ii r.j . _ 1�i��s��S:�?�- �f��r �� : � HE$BST, THLTE 8c. MATZ, LTD. TO: FROM: DATE: RE: M E M O R A N D U M Mayor Nee Fridley City Council r�ary Matz, CATV Attorney �f lyde Moravetz, CATV Coordinator April 12, 1988 Proposed Changes to the Cable Television Franchise Ordinance We have prepared certain amendments to the proposed Fridley Cable Television Franchise Ordinance based upon those concerns raised by the Council at the public hearing conducted on Monday, April 4, 1988. The proposed changes are as follows: 1. Section 405.03121) on page 8 be amended to read as follows: "System Upgrade" means that process to commence immediately and to be completed bp �arrtrar�*-�,--�996,--e� no later than two (2 ) years from the date of the acceptance of this Franchise by which the System shall be upgraded to a minimum of 440 MHz and certain other improvements made all of which are described more fully in Exhibit A. 2. Section 405.05(9)(BZ on page 13 be amended to read as follows: B. These tests shall be performed at rre� mor�-�kar� six ( 6) locations approved by the Citv. 3. Section 405.06(1�(A)(7� on page 14 be amended to read as follows: (7) Local broadcast stations defined as all full-power broadcast local television stations whose transmitter is within fifty (50) miles of the cable television system headend. Please note that this was Nortel's original proposal and that the tena full-power had been inadvertently omitted previously. 4. Section 405.06(2) on page 15 be amended to read as follows: 4A HEEBST, THUE 8e MATZ, LTD. April 12, 1988 Page 2 5. follows: 6. follows: 7. follows: Gra��ee-aka��-e�fer-a ar}rr�artrarro�-fetr� �4}-Pa�-'�e�e���err-xr��r A subscriber must subscribe to Basic Service in order to receive any Pay Television service. A subscriber shall not have to subscribe to a monthly Pay Television service to receive pay-per-view programming. Section 405.06(8)lE) on page 19 be amended to read as Grantee shall provide and maintain a studio with minimum dimensions of twenty- eight (28) feet by thirty-eight (38) feet at the headend for public access user. The hours of studio use shall be set by the City or its designee. Grantee shall continue to provide, free of charge, that space currentiv being used at the headend as of the date of the adoption of this Franchise for an access organization. Section 405.06(9)(B) on page 19 be amended to read as Grantee shall continue to provide personnel and equipment for complete two (2) camera coverage of the City Council meetings at no charge to the City. Section 405.07(1) on page 19 be amended to read as A. All construction and improvements associated with the System Upgrade shall be completed and the System made fully operational rre-�ater-�1°rarr-,�ant�ar�-��,--�999-a� no later than two l2) years from the date of the acceptance of this Franchise. Grantee shall give notice to the City sixty (60) days prior to the anticipated completion date and again at such time as Grantee has, in fact, completed all construction and improvements associated with the System Upgrade. 8. Section 405.09(4)fC) on page 31 be amended to read as follows: C. Grantee shall maintain adequate telephone lines and personnel to respond on a . � HEi?BST, THUE 8C MATZ, LTD. April 12, 1988 Page 3 9. follows: timely manner to schedule service calls and answer subscriber complaints or inquiries as required by this Section 405.09(4). In the event that twenty-five percent (25�) or more of those responding to the Annual Subscriber Survey rec�,uired pursuant to Section 405.09(8) hereof report dissatisfaction with Grantee's availability of incoming telephone lines or telephone answering practices, Grantee will have thirty L 0) days from the date the City receives the results of the Annual Subscriber Survey to develop a Alan to eliminate the problem, as a,pt�roved by the City. Grantee shall maintain on file with the Franchise Administrator the telephone number of a responsible employee of Grantee who may be reached by telephone twenty-four (24) hours a day, seven (7) days a week. The hours of the customer service department shall, at a minimum, be as set forth in Exhibit G. Section 405.09 L) on page 33-34 be amended to read as A. Commencing in 1989, Grantee shall, no earlier than ninety (90) days and no later than thirty (30) days prior to submittir►g the Annual Report required pursuant to Section 405.08(3) conduct a written survey of Fridley subscribers in a form and manner approved by the City. Each questionnaire prepared and conducted in good faith so as to provide reasonably reliable measures of Fridley subscribers satisfaction with: 1. Signal quality; 2. Response to subscriber complaints; 3. Billing practices; 4. Programming services; and 5. Availability of incoming telephone lines and telephone answering practices of Grantee 10. Section 405.10(2) on page 35 be amended to read as follows: ' A. At the time the Franchise is accepted, Grantee shall furnish and file with the City any performance and payment bond, or a performance payment bond together with such other security as approved by the City. The HE�?BST, THUE 8C MATZ, LTD. April 12, 1988 Page 4 bond shall run to the City in the penal sum of Five Hundred Thousand Dollars ($500,000.00). The bond shall be conditioned upon the faithful performance of Grantee of all the terms and conditions of the System Upgrade. '�ke-rigkt�-r�ser�-�e-�ht-C�t� ���k -r�pee� -ta -�1K benc� -er -o�ker -�eettr�t�* are� -�rr -adc����ea -t e -a�� -e�i�rer -r i gl�rt� -�l�re -��� �a� l�tav� trncter �ke -grartcl�r�e -er -arr� -e�k� }� Please note that the language to be deleted is duplicated in paragraph (C) on that same page. 11. Exhibit A be amended to read as follows: The System Upgrade shall consist of the following: 1. Expanding the System to a minimum of 440 MHz. 2. Overlashing existing distribution cable with new cable and installing all new electronics. 3. Replacing all underground trunk and distribution cable and installing all new electronics. 4. Changing out existing trunk stations and replacing with new trunk amplifiers. 5. Upgrading the headend with new modulators and processors as required for additional channels. 6. Pse���a��ng-�tr��-ort��ay adc�reg�ab����p� -�l�tre�gketr� -�ht -Sp�g�e� '�6. The headend shall continue to be located at 350 63rd Avenue N.E. 12. Exhibit E be amended by adding pages 6 of 7 and 7 of 7 as attached. GRM:dl 4C . � OPERATING RULES Local Orictination Mobile Production Van In the event Grantee provides a mobile production van in any one or more of its cable television systems located in the Twin Cities metropolitan area, then Grantee shall provide Fridley access users the opportunity to utilize the mobile production van in accordance with the following operating ru2es. Schedulinc: 1. Request for scheduling a production using the Local Origination Mobile Production Van must be made in writing to Nortel's Program Producer. 2. Scheduling will be on a first-come first-serve basis. 3. In the event that two (2) or more requests are received for productions on the same day, the following priority will apply in granting requests: A. Local Origination - St. Louis Park and Fridley B. St. Louis Park Access C. Bloomington and Fridley Access 4. Nortel's Local Origination will always have first priority on use of the van. Rules of Van Operation: 1. All users of the equipped mobile van must be certified in its operation by the Nortel Cable TV Production Department. Nortel will conduct workshops when needed to grant certification. 2. The appropriate Access Coordinator must be in attendance at all times during use of the mobile van. 3. Nortel Cable personnel will accompany the van during all remote productions using the mobile van. Nortel Cable employees only, will be permitted to drive the van. 4. At all times during a production using the mobile van, the Access group and Access Coordinator will be responsible for the actions of the group as a whole. Any inappropriate behavior, use of alcohol or other drugs or the use of foul language will not be tolerated and will be considered reason to deny future use of the van. 6 of 7 4E 5. The Access Coordinator is responsible to provide adequate help and assistance in loading and unloading equipment form the van. Unless previously arranged with Nortel's Program Producer, Nortel's employee will only drive the van to and from the production. Damaae to Equipment: 1. The Access group, which is permitted to use the mobile van, will have sole responsibility for any damage which occurs to the equipment contained herein. 2. Prior to the use of the van, the Access Coordinator and a Nortel Cable employee will inspect the van's equipment and note the conditions which exist prior to use. Following the production the Access Coordinator and a Nortel Cable employee will again inspect the equipment to insure that no additional damages have occurred. 3. If damages to the equipment Producer will be responsible for the damage, determining if repair invoicing the Access entity. Time Limitations: occurs, Nortel's Program assessing the dollar amount of or replacement is necessary and 1. Nortel reserves the right to limit use of the van to insure that scheduling conforms to previously mentioned guidelines and is conducted fairly and responsibly. Nortel Cable reserves the right to deny use of the mobile production van should it be found that an access group continually returns the van with misused or damaged equipment, in an unclean condition, or if supervision of the group using the van for production purposes is not adequate. Nortel reserves the right to modify the van rules as conditions necessitate. 7 of 7 405.01. 405.02. 405.03. 405.04. 405.05. 405. CABLE COMMUNICATIONS FRANCHISE ORDINANCE TABLE OF CONTENTS STATEMENT OF INTENT AND PURPOSE. 1. Statement of Intent and Purpose 2. Award Fee and Franchising Costs SHORT TITLE DEFINITIONS GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Grant of Franchise Criteria of Selection Authority for Use of Streets Franchise Term Area Covered Police Powers Use of Grantee Facilities Written Notice Franchise Non-Exclusive Compliance with Laws DESIGN PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. System Design Two-Way System Interconnection Initial Service Area Provision of Service Technical Standards Special Testing Signal Quality Test and Compliance Procedures 405.06. SERVICE PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. Basic Service Pay Television FM Stereo Service Programming Decisions Emergency Alert System Institutional Network Access Channels Access Equipment and Facilities Local Origination � Page 2 - Ordinance No. 405.07. 405.08. 405.09. CONSTRUCTION PROVISIONS l. 2. 3. 4. 5. 6. 7. 8. 9. l0. 11. 12. Construction Timetable Construction Delay Upgrade Progress Reports Construction Standards Construction Codes and Permits Repair of Streets and Property Use of Existing Poles Undergrounding of Cable Reservation of Street Rights Trimming of Trees Street Vacation or Abandonment Movement of Facilities OPERATING AND REPORTING PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. Open Books and Records Communications with Regulatory Agencies Annual Report Operations Report Additional Reports Maps Audit Periodic Inspection Periodic Evaluation and Renegotiation Sessions CONSUMER PROTECTION PROVISIONS 1. Approval of Basic Service Rate Changes 2. Non-Regulated Rates 3. Charges for Disconnection or powngrading of Service 4. Subscriber Complaint Practices 5. Subscriber Service Information 6. Subscriber Billing Practices 7. Rebate Policy 8. Annual Subscriber Survey 405.10. GENERAL FINANCIAL AND INSURANCE PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. Payment to City Performance Bond Security Fund Penalties from Security Fund Procedure for Imposition of Penalties Damages and Defense Liability Insurance City's Right to Revoke Revocation Procedures 4G � Page 3 - Ordinance No. 405.11. 405.12. i FORECLOSURE, RECEIVERSHIP AND ABANDONMENT l. Foreclosure 2. Receivership 3. Abandonment REMOVAL, TRANSFER AND PURCHASE 1. Removal After Revocation or Expiration 2. Sale or Transfer of Franchise 3. City's Right to Purchase System 4. Purchase by City Upon Expiration or Revocation 405.13. RIGHTS OF INDIVIDUALS PROTECTED 1. Discriminatory Practices Prohibited 2. Subscriber Privacy 405.14. MISCELLANEOUS PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Compliance with Laws Franchise Renewal Continuity of Service Mandatory Work Performed by Others Compliance With Federal, State and Local Laws Nonenforcement by City Administration of Franchise Cable Television Advisory Commission Miscellaneous Violations Emergency Use Construction Captions Calculation of Time 405.15 EFFECTIVE DATE; PUBLICATION; AND TIME OF ACCEPTANCE; 1. 2. EXHIBIT A Publication; Effective Date Time of Acceptance and Exhibits SYSTEM UPGRADE EXHIBIT B TECHNICAL STANDARDS FOR SUBSCRIBER AND INSTITUTIONAL NETWORK EXHIBIT C ACCESS CHANNEL CARRIAGE REQUIREMENTS EXHIBIT D EQUIPMENT AVAILABLE FOR PUBLIC ACCESS USE 41 Page 4 - Ordinance No. EXHIBIT E LOCAL ORIGINATION EQUIPMENT AVAILABLE FOR PUBLIC ACCESS USE _ EXHIBIT F INITIAL RATES AND CHARGES EXHIBIT G CUSTOMER SERVICE DEPARTMENT HOURS 4J Page 5 - Ordinance No. ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING A NEW CHAPTER 405, ENTITLED "CABLE TELEVISION FRANCFIISE" AND REPEALING OLD CHAPTER 405, ENTITLED "CABLE COMMUNICATIONS FRANCHISE" AND GRANTING A FRANCHISE TO NORTEL CABLE ASSOCIATES L.P. TO OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF FRIDLEY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FR.ANCHISE; PROVIDING FOR REGUI�ATION AND IISE OF THE SYSTEIK; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. PREAMBLE The City of Fridley does ordain that it is in the public interest to permit the use of public rights-of-way and easements for the construction, maintenance and operation of a cable television system under the terms of this Franchise; said public purpose being specifically the enhancement of communications within the City, the expansion of communications opportunities outside the City, and the provision of programming of a truly local interest. 405.01. STATEMENT OF INTENT AND PURPOSE. 1. Statement of Intent and Purpose. The City intends, by the adoption of this Franchise, to bring about the continued development and operation of a cable television system. This continued development can contribute significantly to the communications needs and desires of many individuals, associations and institutions. 2. Award Fee and Franchising Costs. Grantee shall reimburse the City for all costs, including attorney's fees and publication fees, expended in the soliciting, processing and awarding of the Franchise. Payment shall be made by Grantee at the time of acceptance of this Franchise as set forth in Section 405.15(2) hereof. 405.02. SHORT TITLE. This ordinance shall be known and cited as the "the City of Fridley Cable Television Franchise Ordinance". Within this document it shall also be referred to as "this Franchise" or "the Franchise". 4K Page 6 - Ordinance No. 405.03. DEFINITIONS. For the purpose of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1. "Basic Service" means any level of service that includes the retransmission of local television broadcast signals and the access channels required herein. 2. "Cable Mile" means a mile of cable bearing strand. 3. "Channel" means a six (6) Megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals, or some combination of such signals. 4. "Class IV Channel" means a signaling path provided by the System to transmit signals of any type from a subscriber terminal to another point in the System. 5. "Citv" means the City of Fridley, Minnesota, a municipal corporation in the State of Minnesota or its delegations. The City Council is the authority of the City. 6. "Complaint" means any verbal or written inquiry, allegation or assertion made by a person which requires subsequent corrective action to the System or any portion thereof, or raises an objection to the programming or business practices of Grantee. The term "Complaint" does not include an inquiry which is immediately answered by the Grantee. 7. "Converter" means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and by an appropriate channel selector also permits a subscriber to view all signals included in the Basic Service delivered at designated converter dial locations. 8. "Drop" means the cable that connects the subscriber terminal at a point designated by the subscriber in the subscriber's home to the nearest feeder cable of the System. 9. "FCC" means the Federal Communications Commission or a designated representative. `� Page 7 - Ordinance No. 10. "Franchise Administrator" means the City Manager of the City or his designee who shall be responsible for the continuing administration of the Franchise. 11. "Grantee" means Nortel Cable Associates L.P., its agents, employees, lawful successors, transferees or assignees. 12. "Gross Revenues" means the annual gross revenues of Grantee from all sources of operations of the System within the City including, but not limited to, Basic Service monthly fees, pay television fees, installation and reconnection fees, and advertising revenues. This term does not include any sales, excise or other taxes collected by Grantee on behalf of the state, city, or other governmental unit. The term does not include any bad debt of Grantee so long as the bad debt is egual to or less than two percent (2�) of the annual Gross Revenues. A franchise fee shall be imposed on that portion of bad debt in excess of two percent (2�) of the annual Gross Revenues. 13. "Installation" means the act of connecting the System from the feeder cable to the subscriber terminal so that cable television service may be received by the subscriber. 14. "Pav Television" means the delivery over the System of per- channel or per-program audio-visual signals to subscribers for a fee or charge, in addition to the charge for Basic Service. 15. "Person" means any corporation, partnership, proprietorship, individual or organization authorized to do business in the State of Minnesota, or any natural person. 16. "Public Propertv" means any real property owned by any governmental unit other than a Street. 17. "Residential Unit" means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more individuals. The term Residential Unit is not limited to units occupied by persons as their usual place of residence and includes units rented periodically or used only as seasonal homes. 18. "Street" means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right-of-way now or hereafter held by the City which shall, within its proper use and meaning in the sole opinion of the City, entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be 4M Page 8 - Ordinance No. ordinarily necessary and pertinent to a System. 19. "Subscriber" means any person or entity who subscribes to a service provided by Grantee by means of or in connection with the System whether or not a fee is paid for such service. 20. "System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable television service which includes video programming and which is pro'vided to multiple subscribers within the City, but such term does not include (A) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (B) a facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Cable Communications Policy act of 1984, except that such facility shall be considered a System to the extent such facility is used in the transmission of video programming directly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility systems. 21. "SVStem Uggrade" means that process to commence immediately and to be completed by January l, 1990 or (two (2) years from the date of acceptance of this Franchisel by which the System shall be upgraded to a minimum of 440 MHz and certain other improvements made all of which are described more fully in Exhibit A. 22. "Tapping" means monitoring communications signals, where the monitor is not an authorized monitor of the communications, whether the communications is monitored by visual or electronic means, for any purpose whatsoever. 23. "Two-Way System" means a System that can pass video, voice, and/or data signals in both directions simultaneously. 405.04. GRANT OF AUTHORITY AND GENERAL PROVISIONS. 1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein. Such terms and conditions shall be subordinate to a�l applicable provisions of state and federal laws, rules and regulations. 2. Criteria of Selection. The Grantee's technical ability, financial condition and legal �l Page 9 - Ordinance No. qualifications were considered and approved by the City in full public proceedings and affording reasonable notice and a reasonable opportunity to be heard. 3. 4. Authority for Use of Streets. A. For the purpose of operating and maintaining a System in the City, Grantee may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the Streets within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the System, provided that all applicable permits are applied for and granted, all fees paid and all other City codes and ordinances are otherwise complied with. B. Prior to construction or alteration of the System or any portion thereof, Grantee shall, in each case, file plans with the City and receive written approval of such plans, which approval shall not be unreasonably withheld. C. Grantee shall construct and maintain the System so as not to interfere with other uses of Streets. Grantee shall make use of existing poles and other facilities available to Grantee. Grantee shall widely publicize proposed construction work prior to commencement of that work. Grantee shall individually notify in writing all residents affected by proposed underground work not less than forty- eight (48) hours prior to commencement of that work. Such notice shall include the Grantee's telephone number and the responsible employee of Grantee. D. Notwithstanding the above grant to use the Streets, no Street shall be used by Grantee if the City, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, or presently used. Franchise Term. This Franchise shall commence upon acceptance by Grantee as defined herein and shall expire fifteen (15) years from such date unless renewed, revoked or terminated sooner as herein provided. 5. Area Covered. This Franchise is granted for the territorial boundary of the City. In the event of annexation by the City, any new territory shall become part of the area covered. � �J Page 10 - Ordinance No. 6. Police Powers. Grantee's rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. Grantee shall comply with all applicable general laws and ordinances enacted by the City pursuant to that power. 7. Use of Grantee Facilities. The City shall have the right to install and maintain, free of charge, upon the poles and within the underground pipes and conduits of Grantee, any wires and fixtures desired by the City to the extent that such installation and maintenance does not interfere with existing and future operations of Grantee. 8. Written Notice. All notices, reports or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to the person designated below, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or on the next addressed business day if sent by express mail or overnight air courier addressed to the party to which notice is being given, as follows: If to City: City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Attn: Cable Television Franchise Administrator If to Grantee: Nortel Cable Associates L.P. 350 63rd Avenue N.E. Fridley, Minnesota 55432 Attn: System Manager Such addresses may be changed by either party upon notice to the other party given as provided in this section. 9. Franchise Non-Exclusive. The Franchise granted herein is non-exclusive. The City specifically reserves the right to grant, at any time, additional franchises for a System in accordance with state and federal law. . ■ Page 11 - Ordinance No. 10. Compliance with Laws. This Franchise complies with the Minnesota franchise standards contained in Minn. Stat. 238. 405.05. DESIGN PROVISIONS. 1. System Design. Grantee shall, upon acceptance of this Franchise as defined herein, immediately undertake all necessary steps to upgrade and thereafter operate and maintain the System to a minimum of 440 MHz as more fully described in Exhibit A. 2. Two-Way System. The City and Grantee will continue to review during the term of this Franchise the need for a two-way System. 3. Interconnection. A. The System shall be designed to be interconnected with other systems. The standard VHF channel 6 shall be designated for usage as a regional channel; provided, however, that until the regional channel becomes operational, the standard VHF channel 6 may be utilized by Grantee as it deems appropriate. Subject to approval by the City, the designated regional channel may be shared with the government access channel as may be required until such time as the City requests a separate channel or until combined usage of the channel expands to such point as it is in use during eighty percent (80�) of the time between 8:00 a.m. and 10:00 p.m. during any consecutive six (6) week period. B. The City may request Grantee to negotiate interconnecting the institutional network or the subscriber network or both with other adjacent System(s) in the Minneapolis/St. Paul metropolitan area. Grantee shall use its best efforts to negotiate such interconnection and keep the City informed of the progress of any negotiations. 4. Initial Service Area. A. Residential units in areas with an average density of at least forty (40) units per Cable Mile or its equivalent, as measured from the nearest point of usable trunk, shall be provided service upon payment of the standard installation charges and applicable monthly fees. . � Page 12 - Ordinance No. B. In areas with an average density of less than forty (40) Residential units per Cable Mile the requesting party(s) shall bear a pro rata share of the total cost of time and materials for distribution plant up to the tap. Additional residents who subscribe during the twenty-four (24) month period immediately after the line extension area is activated shall bear their pro rata share and the initial subscriber(s) shall receive a proportionate refund. Standard installation rates shall apply after the twenty- four (24) month period has elapsed. C. Residential or non-residential areas which are not fully developed need not be cabled until twelve (12) months after receiving a request from the City to do so or twelve (12) months after the final grade is completed, whichever is later. D. The cost of any installation exceeding Two Hundred Fifty Dollars ($250.00) in time and materials shall be borne by the requesting party in advance. 5. Provision of Service. After service has been established by activating trunk and distribution cable for any area, Grantee shall provide service to any requesting subscriber within that area thirty (30) days from the date of request. 6. Technical Standards. The System shall be designed, constructed and operated so as to meet those technical standards set forth in Exhibit B. 7. Special Testing. A. At any time after commencement of service to subscribers, the City may require or may retain an independent engineer to perform additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's drop. Such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests will be limited to the particular matter in controversy. B. The City shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to Grantee or to the subscriber. C. If such special testing establishes that the Syste� meets all required technical standards set forth at Exhibit � � Page 13 - Ordinance No. B, the City shall bear the expense for such special testing. D. If such special testing establishes that the System does not meet all required technical standards set forth at Exhibit B, Grantee shall bear the expense for such special testing. 8. Signal Quality. The System shall produce a picture in black and white or color, depending upon whether color is being cablecast, that is undistorted and free from ghost images, and without degradation of color fidelity. The System shall produce a sound that is undistorted and of a consistent level on an audio receiver of average quality. 9. Test and Compliance Procedures. A. Grantee shall perform periodically, at intervals no greater than once a year, necessary tests to verify compliance with those technical standards set forth in Exhibit B. B. These tests shall be performed at not more than six (6) locations approved by the City. C. The tests may, upon request of the City, be witnessed by representatives of the City. If one or more of the locations tested fail to meet the performance standards, Grantee shall complete corrective measures and report to the City the corrective measures so taken. The entire test shall be repeated for the locations. Grantee shall bear the expense of all such testing. D. Notwithstanding anything to the contrary, Grantee shall drive-out one-third (1/3) of the System each month for the purpose of detecting signal leakage or conduct signal leakage testing by an approved alternative method. The entire System shall be driven-out every three (3) months. The results of this testing shall be submitted to the City with the Operations Report required pursuant to Section 405.08(4) hereof. 405.06. SERVICE PROVISIONS. 1. Basic Service. A. Grantee shall initially provide a Basic Service consisting of the following broad categories of programming: 4S Page 14 - Ordinance No. (1) Broadcast network affiliates. (2) Public, educational, library and governmental access and local origination channels as required herein. (3) Two or more distant independent superstations. (4) Satellite delivered channels which independently provide the following broad categories of programming as available: (a) News programming (b) Music programming 1) Country Music 2) Top 40 (c) Children's programming (d) Arts programming (e) Public affairs programming (f) Broad-based general interest programming (g) Religious programming (h) Financial programming (i) Health programming (5) Either local or satellite delivered channels which provide: (a) Programming information (b) Current weather information (6) Regional Channel Six. (7) Local broadcast stations defined as all broadcast local television stations whose transmitter is within fifty (50) miles of the cable television system headend. 4T Page 15 - Ordinance No. B. Upon completion of the System in accordance with Section 405.07(1) Grantee shall at a minimum add the following broad categories of programming to the Basic Service: Middle of the road music programming Scientific-educational programming 2. Pay Television. Grantee shall offer a minimum of four (4) Pay Television services. A subscriber must subscribe to Basic Service in order to receive any Pay Television service. A subscriber shall not have to subscribe to a monthly Pay Television service to receive pay-per-view programming. 3. FM Stereo Service. Grantee shall offer an FM stereo service as an optional service with the following categories of programming: Educational Classical Contemporary Rock and Roll Easy Listening Adult Contemporary Religious Progressive Country 4. Programming Decisions. All programming decisions shall be at the sole discretion of Grantee; provided, however, any change to the mix, quality or level of service shall require the prior approval of the City. Any such approval by the City shall not be unreasonably withheld. 5. Emergency Alert System. Grantee shall install during the System Upgrade and thereafter maintain for use by the City a Scientific Atlanta Model 6120A ComAlert system or equivalent. This system shall be remotely activated by telephone and shall allow a representative of the City to override the audio on all channels of the System in the event of a civil emergency or for reasonable tests. 4U Page 16 - Ordinance No. 6. Institutional Network. A. Grantee shall, as a part of the System Upgrade, construct, activate and thereafter maintain a minimum 440 MHz mid-split Institutional Network. B. The Institutional Network shall be designed and constructed so as to pass the following locations: (1) Stevenson Elementary School (2) Hayes Elementary School (3) Fridley Middle School (4) Fridley Senior High (5) Parkview Community Center (6) City Hall (7) Anoka County Library (Fridley Branch) Grantee shall provide one free drop from the Institutional Network to each institution at a location selected by that institution. The Institutional Network shall be extended to pass other institutions at the expense of the requesting party. C. Grantee shall provide, and thereafter maintain, all necessary headend equipment to program seven (7) upstream and seven (7) downstream channels. Grantee shall be under no obligation to purchase any additional headend equipment other than specified in the preceding sentence; provided, however, nothing contained herein shall prevent or restrict a user from purchasing, after consultation with Grantee, additional headend equipment. Grantee shall thereafter maintain any equipment so purchased by a user and Grantee may charge the user for Grantee's actual cost of maintenance. D. The user of any channel(s) on the institutional network shall be responsible for purchasing and maintaining any equipment necessary at the user's site. Grantee shall consult and cooperate with the user in order that compatible equipment will be purchased. E. The City and Grantee shall develop jointly an allocation of channels on the institutional network including the terms and conditions for the use of any channels. Page 17 - Ordinance No. � �'I F. Notwithstanding anything to the contrary, Grantee shall be responsible for repairing, replacing and maintaining any equipment damaged by Grantee. 7. Access Channels. A. Grantee shall provide to each of its subscribers who receive some or all of the services offered on the System reception on at least one specially designated noncommercial public access channel available for use by the general public on a first-come, first-served, nondiscriminatory basis; at least one specially designated access channel for use by local educational authorities; at least one specially designated access channel available for local government use; at least one specially designated access channel for use by the Anoka County Library; and at least one specially designated access channel available for lease on a first-come, first-served, nondiscriminatory basis by commercial and noncommercial users. The access channels shall be carried in accordance with Exhibit C attached hereto. The VHF spectrum shall be used for one of these specially designated public access channels. No charges may be made for channel time or playback of prerecorded programming on at least one of the specially designated noncommercial public access channels required herein. Personnel, equipment and production costs may be assessed, however, for live studio presentations exceeding five (5) minutes in length. Charges for those production costs and any fees for use of the public access channels must be consistent with the goal of affording the public a low-cost means of television access. B. Whenever the specially designated noncommercial public access channel, the specially designated education access channel, the specially designated local government access channel, or the specially designated leased access channel required in paragraph A above is in use during eighty percent (80%) of the weekdays, Monday to Friday, for eighty percent (80%) of the time during any consecutive three (3) hour period for six weeks running, and if there is demand for use of an additional channel for the same purpose, Grantee shall have six (6) months in which to provide a new specially designated access channel for the same purpose. C. Grantee and the City shall jointly establish rules pertaining to the administration of the specially designated noncommercial public access channel. D. In the event Grantee offers subscribers the option of receiving programs on one or more special service channels 4W Page 18 - Ordinance No. without also receiving the regular subscriber services, Grantee may compZy with the requirements of this Section by providing the subscribers who receive the special service only, at least one specially designated composite access channel composed of the programminq on the specially designated noncommercial public access channel, the specially designated education access channel, and the specially designated government access channel required in this Section. E. In the event Grantee provides only alarm services or only data transmission services for computer-operated functions, Grantee need not provide access channel reception to alarm or data only service subscribers. 8. Access Equipment and Facilities. A. Grantee shall continue to provide, maintain and replace all equipment presently made available for public access use and as identified in Exhibit D. B. Grantee shall contribute to the City the following sums to be used to acquire equipment in support of public, educational and government access. (1) �2) (3) The time of acceptance No later than March 1, 1993 No later than March 1, 1998 $60,000 adjusted in accordance with paragraph D hereof $60,000 adjusted in accordance with� paragraph D hereof $60,000 adjusted in accordance with paragraph D hereof C. Grantee shall be responsible for insuring, maintaining, repairing, fixing and adjusting all equipment so purchased. All such equipment shall be replaced by Grantee unless Grantee establishes to the satisfaction of the City that demand does not exist for such equipment. D. Notwithstanding anything to the contrary, within thirty (30) days after the publication and issuance thereof, Grantee shall deliver to the City a true copy of the Consumer Price Index for Minneapolis/St. Paul for all items of the Bureau of Labor Statistics of the United States Department of Labor for the month endinq January 31, 1988 (the "base month"), for the month ending January 31, 1993_ and for the month ending January 31, 1998. If the Consumer Page 19 - Ordinance No. � Price Index of the months of 31, 1998 shows a decrease in Thousand Dollars ($60,000.00) the Consumer Price Index for the contribution in 1993 accordingly. January 31, 1993 and January the purchasing power of Sixty as compared, in each case, to the base month, the amount of �nd 1998 shall be adjusted E. Grantee shall provide and maintain a studio with minimum dimensions of twenty-eight (28) feet by thirty-eight (38) feet at the headend for public access use. The hours of studio use shall be set by the City or its designee. Grantee shall continue to provide, free of charge, space at the headend for an access organization. F. The local origination production equipment set forth in Exhibit E attached hereto shall be made available for access use subject only to those terms and conditions set forth in Exhibit E. Local Origination. A. Grantee shall employ the equivalent of two and one-half (2.5) full-time employees who shall be responsible for local origination programming. Grantee shall provide, at a minimum, fifteen (15) hours of original locally produced programming per month computed on a quarterly basis. B. Grantee : equipment for meetings at no �hall conti complete charge to th C. The City and Grantee local origination programm evaluation and renegotiation Section 405.08(9) hereof. nue to coverage e City. shall ing at 405.07. CONSTRUCTION PROVISIONS. 1. Construction Timetable. provide personnel and of the City Council review the tim session in the provision of e of the periodic accordance with A. All construction and improvements associated with the System Upgrade shall be completed and the System made fully operational no later than January 1, 1990 OR �or two (21 years from the acceptance of this Franchise). Grantee shall give notice to the City sixty (60) days prior to the anticipated completion date and again at such time as Grantee has, in fact, completed all construction and improvements associated with the System Upgrade. B. Upon receipt of notice improvements associated with that all construction and the System Upgrade have, in 4X 4Y Page 20 - Ordinance No. fact, been completed the City shall have forty-five (45) days to receive a written report from an independent engineer; provided, however, if the City fails to receive such a written report within the forty-five (45) days the System Upgrade shall be deemed completed, unless the failure to receive such a report is due to unforeseen events, acts of God, or events beyond the reasonable control of the City. C. Notwithstanding anything to the contrary, the City may condition completion of the System Upgrade upon receipt of a written report from an independent engineer. The System Upgrade shall not be deemed completed until the independent engineer reports the following: (1) All construction and improvements associated with the System Upgrade have been made or otherwise satisfactorily resolved; (2) Satisfactory test results using the technical standards set forth in Exhibit B at up to ten (10) widely separated subscriber drops selected by the independent engineer and using the following tests: (a) Signal level (b) Hum (c) Bandpass response of System (d) Carrier to noise of System (e) TASO picture quality (3) Compliance with all applicable codes and standards. (4) Completion and activation of the Institutional Network. (5) Installation and the proper working of the emergency alert system required at Section 405.06(5j hereof. (6) Carriage of the Basic Service, as available, set forth at Section 405.06(1). 2. Construction Delay. Grantee shall notify the City of any delay in the System Upgrade. The City may excuse delay only upon occurrence of unforeseen events or acts of God. �', Page 21 - Ordinance No. 3. Upgrade Progress Reports. Grantee shall furnish the City, upon request of the City, written monthly progress reports, in a format approved by the City, detailing progress of the System Upgrade. 4. Construction Standards. A. All construction practices shall be in accordance with . all applicable sections of the Occupational Safety and i Health Act of 1970 and any amendments thereto as well as all state and local codes where applicable. B. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical and Safety Code and National Electrical Code as amended. C. Antennas and their supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local codes and regulations. D. All of Grantee's plant and equipment, including but not limited to the antenna site, headend and distribution system, towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the City may deem appropriate to make, or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic. E. Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public. 5. Construction Codes and Permits. A. Grantee shall obtain all required permits from the City before commencing any work requiring a permit, including the opening or disturbance of any Street, or public property or public easement within the City. Grantee shall strictly adhere to all building and zoning codes currently or hereafter applicable to construction, Page 22 - Ordinance No. operation or maintenance of the System in the City. B. The City shall have the right to inspect all construction or installation work perfonaed pursuant to the provisions of this Franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the Franchise and applicable provisions of local, state and federal Iaw. C. Nothing contained in this Franchise, shall be construed to give Grantee the authority to enter upon or work on private property in areas not encumbered with public easements without the permission of the property owner. 6. Repair of Streets and Property. Any and all Streets or public property or private property which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the System shall be promptly repaired by Grantee, at its expense to a condition as good as that prevailing prior to Grantee's construction. 7. Use of Existing Poles. Grantee shall not erect, for any reason, any pole on or along any Street in an existing aerial utility system without the advance written approval of the City. Grantee shall exercise its best efforts to negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction. 8. Undergrounding of Cable. Cable shall be installed underground at Grantee's expense where both the existing telephone and electrical utilities are already underground. Previously installed aerial cable shall be placed underground when both the telephone and electrical utilities convert from aerial to underground construction. Grantee shall place cable underground in newly platted areas in concert with both the telephone and electrical utilities, unless this requirement is waived by the City. In the event that telephone or electric utilities are reimbursed by the City or any agency thereof for the placement of cable underground or the movement of cable, Grantee shall be reimbursed upon the same terms and conditions as the telephone or electric utilities. 9. Reservation of Street Rights. A. Nothing in this Franchise prevent the City from constructing or relocating sewers; grading, shall be construed to , maintaining, repairing paving, maintaining, . . . � w . Page 23 - Ordinance No. repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. B. All such work shall be done, insofar as practicable in such a manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of Grantee. C. If any such property of Grantee shall interfere with the construction or relocation, maintenance or repair of any Street or public improvement, whether it be construction, repair, maintenance, removal or relocation of a sewer, public sidewalk, or water main, Street or any other public improvement, thirty (30) days notice shall be given to Grantee by the City and all such poles, wires, conduits or other appliances and facilities shall be removed or replaced by Grantee in such manner as shall be directed by the City so that the same shall not interfere with the said public work of the City, as determined by the City, and such removal or replacement shall be at the expense of Grantee herein. D. Nothing contained in this Franchise shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring Grantee's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. 10. Trimming of Trees. Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee; provided, however, all trimming shall be done under the supervision and direction of the City, if requested by the City, and at the expense of Grantee. 11. Street Vacation or Abandonment. In the event any Street or portion thereof used by Grantee shall be vacated by the City or the use thereof discontinued by Grantee, during the term of this Franchise, Grantee shall, at Grantee's expense, forthwith remove its facilities therefrom unless specifically permitted by the City to continue the same, and on the removal thereof restore, repair or reconstruct the Street area where such removal has occurred, and place the Street 4CC Page 24 - Ordinance No. area where such removal has occurred to a condition similar to that existing before such removal took place. In the event of failure, neglect or refusal of Grantee, after thir�y (30) days notice by the City to remove the facilities or to repair, restore, reconstruct, improve or maintain such Street portion, the City may do such work or cause it to be done, and the cost thereof as found and declared by the City shall be paid by Grantee as directed by the City and collection may be made by any available remedy. 12. Movement of Facilities. In the event it is necessary temporarily to move or remove any of Grantee's wires, cables, poles, or other facilities placed pursuant to this Franchise, in order to lawfully to move a large object, vehicle, building or other structure over the streets of the City, upon two (2) weeks notice by the City to Grantee, Grantee shall move at the expense of the person requesting the temporary removal such of his facilities as may be required to facilitate such movements. Any service disruption provisions of this Franchise shall not apply in the event that the removal of Grantee's wires, cables, poles or other facilities results in temporary service disruptions. 405.08. OPERATION AND MAINTENANCE. 1. Open Books and Records. The City shall have the right to inspect, upon twenty-four (24) hours written notice, at any time during normal business hours aIl books, records, maps, plans, financial statements, service complaint logs, performance test results, record of requests for service and other like materials of Grantee which are reasonably necessary to monitor compliance with the terms of this Franchise. 2. Communications with Regulatory Agencies. Copies of all petitions, applications, communications and reports submitted by Grantee or on behalf of or relating to Grantee to the FCC, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting the System authorized pursuant to this Franchise shall also be submitted simultaneously to the City. Copies of responses from the regulatory agencies to Grantee shall likewise be furnished to the City within fifteen (15) days of receipt of the response. 3. Annual Report. On or before April 1, including the year in which the Franchise becomes effective, Grantee shall file with the City a copy of the Page 25 - Ordinance No. � � � following information regarding the System. A. A financial statement including an income statement, statement of operating expenses in detail, a cash flow statement and a balance sheet prepared in accordance with generally accepted accounting principles and certified by a financial officer of Grantee. B. A description of the Basic Service then being offered at the end of the fiscal year together with a description of any changes made in the Basic Service during the reported year. C. A compilation setting forth the results of the annual subscriber survey. D. A current copy of the subscriber service information required in accordance with Section 405.09(5) hereof. E. A current list of names and addresses of each principal. For the purposes of this requirement the term "principal" means any person, firm, corporation, partnership or joint venture, or other entity who or which owns or controls five percent (5�) or more of the voting stock (or any equivalent interest of a partnership or joint venture of Grantee). F. A compilation summarizing the complaints received during the reported year, by category, and a discussion of any unresolved complaints. G. A certification of the Gross Revenues for the preceding year prepared by an independent certified public accountant. H. A projected business plan for the next fiscal year including, at a minimum, projections for the number of Homes Passed, Basic Service subscribers and Pay Television subscribers set forth on a monthly basis. I. A reconciliation between previously projected Homes Passed, Basic Service Subscribers and Pay Television Subscribers and actual results for the last six (6) months. 4. Operations Report. Grantee shall submit to the City on or before October 1 of each year a written Operations Report containing the following information: A. Progress towards the projected Business Plan for that 4EE Page 26 - Ordinance No. year. B. Any new services planned. C. A reconciliation of projected Homes Passed, Basic Service Subscribers and Pay Television Subscribers with actual results for the last six (6) months. D. The results of System performance tests conducted within the previous six (6) months and in accordance with Section 405.05(9). E. Such other information as Grantee deems relevant. 5. Additional Reports. Grantee shall prepare and furnish to the City, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property, which are reasonably necessary for the administration and enforcement of this Franchise. 6. Maps. Grantee shall current map or all equipment places. 7. Audit. maintain on file with the City at all times a set of maps drawn to scale showing the System and installed or in place in streets and other public The City and their agents and representatives shall have the authority, during normal business hours, to arrange for and conduct an inspection of the books and records of Grantee and its equipment. Grantee shall first be given twenty-four (24) hours written notice of the inspection request, the description of and purpose for the inspection and description, to the best of the City's ability, of the books, records, documents and equipment it wants to inspect. 8. Periodic Inspection. The City and Grantee shall, at the request of the City, undertake an inspection of the System to ascertain the System performance at randomly selected subscriber drops selected by the City. The request for such an inspection will be made on the basis of complaints received or other evidence indicating an unresolved controversy or problem. 4FF Page 27 - Ordinance No. A. The City shall give written notice to Grantee of the City's intention to undertake an inspection of the System and the name of that person who will participate for the City. B. Grantee shall, within two (2) days of receipt of the City notice, select one person who will participate for Grantee and so notify the City. C. The representatives of the City and Grantee shall, within three (3) days of the selectivn of the Grantee representative, select a third representative who need not be trained in cable television technology. D. Within ten (10) days after the appointment of all representatives, the representatives shall commence an inspection of the System in accordance with the following procedures: (1) The representatives shall commence the inspection of the System at the headend by viewing all programmed channels or a representatives portion thereof and, by a decision of the majority, assign a rating of one (1) to five (5) for each channel of programming. (2) The representatives shall then view the System performance at subscriber drops selected by the City. The representatives shall view all or a representative portion of the programmed channels at each location and, by a decision of the majority, assign a rating of one (1) to five (5) for each channel of programming so viewed. (3) In assigning a rating for each channel of programming so viewed, the representatives shall use the following scale: 1 - Poor picture, unusable 2- Fair picture, degradation a problem 3- Good picture, degradation noticeable 4- Very good picture, small amount of impairment noticeable 5- Excellent picture, no visible impairment E. E. The representatives shall prepare and submit to the City and Grantee a written report of its findings and any appropriate recommendation. F. Upon request of the City, Grantee shall report to the City, at a regular or specially scheduled meeting of the City, what steps are being taken to correct deficiencies 4GG Page 28 - Ordinance No. noted in the report or why corrective measures are not necessary. Notwithstanding anything to the contrary, the City may use the report submitted by the representatives as a basis for ordering special testing of the System pursuant to Section 405.05(7) hereof. 9. Periodic Evaluation and Renegotiation Sessions. The field of cable communications is a relatively new changing one which may see many regulatory, technical, mar}�eting and legal changes during the term of this Therefore, in order to provide for a maximum flexibility in this Franchise, and to help achieve advanced and modern System, the following evaluation will apply: and rapidly financial, Franchise. degree of 3 continued provisions A. The City reserves the right to adopt rules and regulations controlling the procedures as set forth below and the subjects for Evaluation and Renegotiation Sessions. In the absence of any City action taken to exercise these rights, Grantee shall be subject to at least the procedures and subjects described in this section. B. The City may require, at its sole discretion, evaluation sessions at any time during the term of this Franchise; provided, however, there shall not be more than one evaluation session during any calendar year. At a minimum, such evaluation sessions shall be conducted by the City within thirty (30) days of the fifth (5th) and tenth (lOth) anniversary dates of the acceptance of this Franchise. C. Topics which may be discussed at any evaluation and session include, but are not limited to, channel capacity, the System performance, programming, access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics the City or Grantee deem relevant. D. During an cooperate with information and the evaluation. evaluation session, Grantee shall fully the City and shall provide without cost such documents as the City may request to perform E. If at any time during its evaluation, the City determines that reasonable evidence exists of inadequate System performance, the City may require Grantee to perform tests and analysis directed toward such suspected inadequacies at Grantee's expense. Grantee shall fully cooperate with the City in performing such testing and any report prepared by Grantee shall include at least: 4HH Page 29 - Ordinance No. (1) A description of the problem in the System performance which precipitated the special tests. (2) The System component tested. (3) The equipment used and procedures employed in testing. (4) The method, if any, by which such the System performance problem was resolved. (5) Any other information pertinent to said tests and analysis which may be required by the City, or determined when the test is performed. If after receiving Grantee's report the City determines that reasonable evidence still exists of inadequate System performance, the City may enlist an independent engineer, at Grantee's expense, to perform tests and analysis directed toward such suspected inadequacies. F. As a result of an Evaluation and Renegotiation Session, the City or Grantee may determine that a change in the terms of the Franchise may be required, that the System or Franchise requirements should be updated, changed or that additional services should be provided. If the change is consistent with the terms of this Franchise, the needs of the City and existing state-of-the-art (or due to regulatory, technical, financial, marketing, inflation or legal requirements) and implementation of a change would not unreasonably add to the cost of providing cable television services, Grantee and the City will, in good faith, negotiate the terms of the change and any required amendment to this Franchise. Upon adoption of such a Franchise amendment, if one is required, the change will become effective and Grantee shall accept the same. In the event Grantee fails to negotiate a requested change of the City, the City may enforce the procedures of this section by any available remedy. 405.09 CONSUMER PROTECTION PROVISIONS. l. Approval of Basic Service Rate Changes. The initial rates and charges for Basic Service and Pay Television are set forth in Exhibit D. The City reserves the right to regulate rates for Basic Service, to the extent not prohibited by federal or state law, through approval or disapproval of a rate revision request after affording Grantee due process. Grantee shall maintain on file with the City at all 411 Page 30 - Ordinance No. times a current schedule of all rates and charges. 2. Non-Regulated Rates. Prior to implementing any rate increase for Basic Service not requiring the City approval, Grantee shall give the following notice: A. At least thirty (30) days advance written notice to the City; and B. At least thirty (30) days advance written notice to subscribers of Basic Service. 3. Charges for Disconnection or powngrading of Service. A. Grantee may impose a charge reasonably related to the cost incurred for a downgrade of service, except that no such charge may be imposed when: (1) A subscriber requests total disconnection from the System; or (2) A subscriber requests the downgrade within a thirty (30) day period following any rate increase relative to the service in question. B. If a subscriber requests disconnection from service prior to the effective date of an increase in rates, the subscriber shall not be charged the increased rate if Grantee fails to disconnect service prior to the effective date. Any subscriber who has paid in advance for the next billing period and who requests disconnection from service shall receive a prorated refund of any amounts paid zn advance. 4. Subscriber Complaint Practices. A. Grantee shall maintain an office within the City which shall be open during all usual business hours. Grantee shall have a publicly listed toll-free telephone number and be so operated as to receive subscriber complaints and requests on a twenty-four (24) hour-a-day, seven (7) days-a- week basis. A written log available for the City inspection shall be maintained listing all complaints and their dispositions. B. Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during -ia�J Page 31 - Ordinance No. periods of minimum use of the System. A written log available for City inspection shall be maintained for all service interruptions. C. Grantee shall maintain adequate telephone lines and personnel to respond in a timely manner to schedule service calls and answer subscriber complaints or inquiries as required by this Section 405.09(4). The hours of the customer service department shall, at a minimum, be as set forth in Exhibit G. D. Subscriber requests for maintenance or repairs received prior to 2:00 p.m., Monday through Friday, shall be performed the same day. E. Subscriber requests for maintenance or repairs received after 2:00 p.m. shall be performed within twenty- four (24) hours of the request. F. Service calls for maintenance or repair shall be performed at no charge; provided, however, if such maintenance or repair is required as a result of damage caused by the subscriber then Grantee may charge according to its actual cost for time and material. G. If Grantee fails to correct a service problem within twenty-four (24) hours, Grantee shall credit 1/30th of the monthly charge to the subscriber for each twenty-four (24) hours or fraction thereof after the first twenty-four (24) hours during which a subscriber is without service, except to the extent that restoration of service is prevented by strike, injunction or other cause beyond the control of Grantee. 5. Subscriber Information. Grantee shall provide written subscriber service information to each subscriber at the time service is commenced. The information shall include, but not be limited to, the following: A. The procedure for investigation and resolution of subscriber service complaints; B. Programming services and rates for such services; C. Billing practices as required by Section 405.09(6) hereof; D. Service termination procedures; E. Change in service procedures; 4KK Page 32 - Ordinance No. F. Converter/subscriber terminal equipment policy; G. Refund policy; and H. The City office responsible for the administration and enforcement of the Franchise with the address and telephone number of that office. Grantee shall provide a copy of the proposed subscriber service information to the City for review and comment prior to the use of such information. 6. Subscriber Billing Practices. A. Grantee shall notify each of its subscribers, through the written service information, of its billing practices. The service information shall describe Grantee's billing practices including, but not limited to, the following: frequency of billing, time periods upon which billing is based, advance billing practices, security deposit requirements, charges for late payments or returned checks, payments required necessary to avoid account delinquency, availability of credits for service outages, procedures to be followed to request for service deletions including the notice period a subscriber must give to avoid liability for such services and procedures to be followed in the event of a billing dispute. B. Grantee shall notify all affected subscribers not less than thirty (30) days prior to any change in the billing practices and such notice shall include a description of the changed practice. C. The subscriber bill shall contain the following information presented in plain language and format: (1) Name and address of Grantee; (2) The period of time over which each chargeable service is billed including prorated periods as a result of the establishment and termination of service; (3) The date on which individually chargeable services were rendered; (4) Each rate or charge levied; (5) The amount of the bill for the current billing period, separate from any balance due; 4LL Page 33 - Ordinance No. (6) Any applicable credits on the date which they were applied; (7) Grantee's telephone number and a statement that the subscriber may call this number with any questions or complaints about the bill; and (8) The date on which payment is due from the subscriber. D. The account of a subscriber shall not be considered delinquent until at least thirty (30) days have elapsed from the due date of the bill, which shall be a date certain and in no event a statement that the bill is due upon receipt, and payment has not been received by Grantee. The following provisions shall apply to the imposition of late charges on subscribers: (1) Grantee shall not impose a late charge on a subscriber unless a subscriber is delinquent, Grantee has given the subscriber written notice of the delinquency in a clear and conspicuous manner, and the subscriber has been given at least eight (8) business days from the mailing of the notice to pay the balance due. (2) A charge of not more than Fifteen Dollars ($15.00) may be imposed as a one-time late charge. (3) No late charge may be assessed on the amount of a bill in dispute. (4) Any reasonably processing 7. Rebate Policy. charge f or returned checks shall be related to the costs incurred by Grantee in such checks. Grantee shall provide to subscribers on or before October 1 of each year a written notice advising the subscriber of Grantee's rebate policy and credits for outages of service. 8. Annual Subscriber Survey. A. Commencing in 1989, Grantee shall, no earlier than ninety (90) days and no later than thirty (30) days prior to submittinq the Annual Report required pursuant to Section 405.08(3) conduct a written survey of Fridley subscribers in a form and manner approved by the City. Each questionnaire shall be prepared and conducted in good faith so as to provide reasonably reliable measures of Fridley Page 34 - Ordinance No. subscriber satisfaction with: 4MM (1) Signal quality; (2) Response to subscriber complaints; (3) Billing practices; (4) Programming services. B. The survey shall be conducted in conformity with such requirements, including supervision and review of returned surveys, as the City may prescribe. Grantee may satisfy the requirements of this Section 405.09(8) through a telephone survey conducted by an independent person in the business of regularly conducting telephone surveys. C. As a part of each Annual Report, Grantee shall report in writing what steps Grantee is taking to implement the finds of the poll survey. 405.10. GENERAL FINANCIAL AND INSURANCE PROVISIONS. 1. Payment to City. A. Grantee shal five percent (5%) payment shall be public property. 1 pay to the City an annual amount equal to of its Gross Revenues. The foregoing compensation for use of streets and other The amount is deemed fair and reasonable. B. Payments due the City under this provision shall be computed at the end of each quarter year for that quarter year. Payments shall be due and payable for each quarter or a portion of a quarter year on January 15, April 15, July 15 and October 15. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be required by the City. C. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Franchise. All amounts paid shall be subject to audit and recomputation by the City. D. With each Annual Report required pursuant to Section 405.08(3) Grantee shall provide the City with a certification of the Gross Revenues for the preceding year prepared by an independent certified public accountant. This certification shall be used to determine the exact 4NN Page 35 - Ordinance No. 2. amount of payments due the City and to correct any overpayments or underpayments by Grantee. E. In the event any payment is not made on the due date, interest on the amount due shall accrue from such date at the annual rate of one hundred twenty-five percent (125$) of the lowest prime commercial lending rate established by any bank in the City at the time the delinquency occurs. Performance Bond. A. At the time the Franchise is accepted, Grantee shall furnish and file with the City a performance and payment bond, or a performance and payment bond together with such other security as is approved by the City. The bond shall run to the City in the penal sum of Five Hundred Thousand Dollars ($500,000.00). The bond shall be conditioned upon the faithful performance of Grantee of all terms and conditions of the System Upgrade. The rights reserved to the City with respect to the bond or other security are in addition to all other rights the City may have under the Franchise or any other law. B. Following the completion of the System Upgrade as determined by the City in accordance with Section 405.07(C), the requirement to maintain said bond referred to in (A) above shall be extinguished. C. The rights reserved by the City with respect to the bond are in addition to all other rights the City may have under the Franchise or any other law. D. The bond shall be subject to the approval of the City and shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be cancelled without the consent of the City until sixty (60) days after receipt by the City by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew." 3. Security Fund. A. At the time this Franchise is accepted, Grantee shall deposit into a bank account, established by the City, and maintain on deposit through the term of this Franchise, the sum of Ten Thousand Dollars ($10,000.00) as a common security fund for the faithful performance by it oi all the provisions of this Franchise and compliance with all orders, permits and directions the City and the payment by Grantee of any claim, liens and taxes due the City which arise by ' • • Page 36 - Ordinance No. reason of the construction, operation or maintenance of the System. Interest accrued on this deposit shall be paid to Grantee on an annual basis provided that all requirements of this Franchise have been complied with by Grantee. B. Provision shall be made to permit the City to withdraw funds from the security fund. Grantee shall not use the security fund for other purposes and shall not assign, pledge or otherwise use this security fund as security for any purpose. The City reserves the right, in its sole discretion, to reduce the required amount of the security fund. C. Within ten (10) days after notice to it that any amount has been withdrawn by the City from the security fund pursuant to (A) of this section, Grantee shall deposit a sum of money sufficient to restore such security fund to the required amount. D. If Grantee fails to pay to the City any taxes due and unpaid; or, fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after ten (10) days notice of such failure by the City to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the security, the City may then seek to withdraw such funds from the security fund. 4. Penalties from Security Fund. In addition to any other remedies provided herein, penalties for violations of this Franchise are set forth below. As a result of any acts or omissions by Grantee pursuant to the Franchise, the City may charge to and collect from the security fund the following penalties: A. For failure to complete the System Upgrade in accordance with the Franchise unless the City approves the delay, the penalty shall be Five Hundred Dollars ($500.00) per day for each day, or part thereof, such failure occurs or continues. B. For failure to provide data, documents, reports or information or to cooperate or participate with the City during a renewal process or the System review, the penalty shall be Three Hundred Dollars ($300.00) per day. C. For failure to comply with any provision of this Franchise, for which a penalty is not otherwise specifically provided, the penalty shall be One Hundred � • � Page 37 - Ordinance No. Dollars ($100.00) per day. D. For failure to test, analyze and report on the performance of the System following a request by the City the penalty shall be Two Hundred Dollars ($200.00) per day. E. For failure of Grantee to comply with the construction, operation or maintenance standards, the penalty shall be Two Hundred Dollars ($200.00) per day. F. For failure to provide the services Grantee proposed, the penalty shall be One Hundred Dollars ($100.00) per day. G. For failure to comply with all conditions of the City permits to disturb streets, repair streets, or other terms or conditions of the City, the penalty shall be Two Hundred Dollars ($200.00) per day. 5. Procedure for Imposition of Penalties. A. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have ten (10) days subsequent to receipt of the notice in which to correct the violation before the City may resort to the security fund. Grantee may, within five (5) days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee to the City shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time. (1) The City shall hear Grantee's dispute at a regularly or specially scheduled meeting. Grantee shall have the right to subpoena and cross-examine witnesses. The City shall determine if Grantee has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration. (2) If after hearing the dispute the claim is upheld by the City, Grantee shall have ten (10) days from such a determination to remedy the violation or failure. At any time after that ten (10) day period, the City may draw against the security fund all penalties due it. B. The time for Grantee to correct any alleged violatiorr- may be extended by the City if the necessary action to � ' �� Page 38 - Ordinance No. correct the alleged violation is of such a nature or character to require more than ten (10) days within which to perform provided Grantee commences the corrective action within the ten (10) day period and thereafter uses reasonable diligence, as determined by the City, to correct the violation. C. The security fund deposited pursuant to this Section shall become the property of the City in the event that the Franchise is cancelled by reason of the default of Grantee or revoked for cause. Grantee, however, shall be entitled to the return of such security fund, or portion thereof, as remains on deposit at the expiration of the term of the Franchise. D. The rights reserved to the City with respect to the security fund are in addition to all other rights of the City whether reserved by this Franchise or authorized by law, and no action, proceeding'or exercise of a right with respect to such security fund shall affect any other right the City may have. E. The City shall stay or waive the imposition of any penalties set forth above upon a finding that any failure or delay is a result of an act of God or due ta circumstances beyond the reasonable control of Grantee. 6. Damages and Defense. A. Grantee shall indemnify, defend and hold harmless the City for all damages and penalties, at all times during the term of this Franchise, as a result of Grantee's exercise of this Franchise. These damages and penalties shall include, but shall not be limited to, damages arising out of personal injury, property damage, copyright infringement, defamation, antitrust, errors and omission, theft, fire, and all other damages arising out of Grantee's exercise of this Franchise, whether or not any act or omission complained of is authorized, allowed or prohibited by this Franchise; such indemnification shall include, but not be limited to, reasonable attorney's fees and costs. B. In order for the City to assert its rights to be indemnified, defended, and held harmless, the City must: (1) Promptly notify Grantee of any claim or legal proceeding which gives rise to such right; (2) Afford Grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding; Page 39 - Ordinance No. unless, however, the City, in its sole discretion, determines that its interests can not be represented in good faith by Grantee; and (3) Fully cooperate with the reasonable requests of Grantee, at Grantee's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to paragraph (2) above. C. In the event the City, in its sole discretion, determines that its interests can not be represented in good faith by Grantee, Grantee shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in paragraph A above. These expenses shall include all out-of-pocket expenses, such as attorney's fees and costs. 7. Liability Insurance. A. Grantee shall maintain, throughout the term of the Franchise, liability insurance insuring Grantee and the City with regard to all damages mentioned in paragraph A of Section 405.10(6) hereof, in the minimum amounts of: (1) Three Hundred Thousand Dollars ($300,000.00) for bodily injury or death to any one (1) person; (2) One Million Dollars ($1,000,000.00) for bodily injury or death resulting from any one accident; (3) One Million Dollars ($1,000,000.00) for all other types of liability. B. At the time of acceptance, Grantee shall furnish to the City a certificate evidencing that a satisfactory insurance policy has been obtained. Said certificate shall be approved by the City and such insurance policy shall require that the City be notified thirty (30) days prior to any expiration or cancellation. 8. City's Right to Revoke. In addition to all other rights which the City has pursuant to law or equity, the City reserves the right to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, in the event that: A. Grantee substant�alZy violates any provision of this Franchise; or , .. � i 4SS Page 40 - Ordinance No. B. Grantee attempts to evade any of the provisions of the Franchise; or C. Grantee practices any fraud or deceit upon the City or subscriber; or D. Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; or E. Grantee materially misrepresents a fact in the application for or negotiation of, or renegotiation of, or renewal of, the Franchise. 9. Revocation Procedures. In the event that the City determines that Grantee has violated any provision of the Franchise, or any applicable federal, state or local law, the City may make a written demand on Grantee that it remedy such violation and that continued violation may be cause for revocation. If the violation, breach, failure, refusal, or neglect is not remedied to the satisfaction of the City within thirty (30) days following such demand, the City shall determine whether or not such violation, breach, failure, refusal or neglect by Grantee is due to acts of God or other causes which result from circumstances beyond Grantee's control. A. A public hearing shall be held and Grantee shall be provided with an opportunity to be heard upon fourteen (14) days written notice to Grantee of the time and the place of the hearing. The causes for pending revocation and the reasons alleged to constitute such cause shall be recited in the notice. Said notice shall affirmatively recite the causes that need to be shown by the City to support a revocation. B. If notice is given and, at Grantee's option, after a full public proceeding is held, the City determines there is a violation, breach, failure, refusal, or neglect by Grantee, the City shall direct Grantee to correct or remedy the same within such additional time, in such manner and upon such terms and conditions as City may direct. C. If after a public hearing it is determined that Grantee's performance of any of the terms, conditions, obligations, or requirements of Franchise was prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified City in writing within thirty (30) days of its discovery of the occurrence of such an event. Such causes 4TT Page 41 - Ordinance No. beyond Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor strikes. D. If, after notice is given and, at Grantee's option, a full public proceeding is held, the City determines there was a violation, breach, failure, refusal or neglect, then the City may declare, by resolution, the Franchise revoked and cancelled and of no further force and effect unless there is compliance within such period as City may fix, such period not to be less that thirty (30) days, provided no opportunity for compliance need be granted for fraud, misrepresentation, or violation of privacy rights. E. The issue of revocation shall automatically be placed upon the City Council agenda at the expiration of the time set by it for compliance. The City then may terminate Franchise forthwith upon finding that Grantee has failed to achieve compliance or may further extend the period, in its discretion. F. If the City, after notice is given and, at Grantee's option, a full public proceeding is held and appeal is exhausted, declares the Franchise breached, the parties may pursue their remedies pursuant to Franchise or any other remedy, legal or equitable. 405.11. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT. l. Foreclosure. Upon the foreclosure or other judicial sale of the System, Grantee shall notify the City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 2. Receivership. The City shall have the right to cancel this Franchise subject to any applicable provisions of Minnesota law, including the Bankruptcy Act, one hundred and twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred and twenty (120) days, or unless: A. Within one hundred and twenty (120) days after his 4UU Page 42 - Ordinance No. election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and B. Such receiver or trustee, within said one hundred and twenty (120) days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. 3. Abandonment. Grantee may not abandon any portion of the System thereof without having first given three (3) months written notice to the City. Grantee may not abandon any portion of the System without compensating the City for damages resulting from the abandonment. 405.12 REMOVAL, TRANSFER AND PURCHASE. 1. Removal After Revocation or Expiration. A. At the expiration of the term for which the Franchise is granted, or upon its revocation, as provided for, the City shall have the right to require Grantee to remove, at Grantee's expense, all or any portion of the System from all streets and public property within the City. In so removing the System, Grantee shall refill and compact at its own expense, any excavation that shall be made and shall leave all streets, public property and private property in as good a condition as that prevailing prior to Grantee's removal of the System, and without affecting, altering or disturbing in any way electric, telephone or utility, cables wires or attachments. The City, or its delegation, shall have the right to inspect and approve the condition of such streets and public property after removal. The security fund, insurance, indemnity and penalty provision of the Franchise shall remain in full force and effect during the entire term of removal. B. If, in the sole discretion of the City, Grantee has failed to commence removal of the System, or such part thereof as was designated within thirty (30) days after written notice of the City's demand for removal is given, or if Grantee has failed to complete such removal within one (1) year after written notice of the City's demand for removal is given, the City shall have the right to exercise one of the following options: (1) Declare all right, title and interest to the System to be in the City or its delegator with all rights of ownership including, but not limited to, the 4VV Page 43 - Ordinance No. right to operate the System or transfer the System to another for operation by it; or (2) Declare the System abandoned and cause the System, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the security fund, indemnity and penalty section provided for in the Franchise, or from Grantee directly. 2. Sale or Transfer of Franchise. A. This Franchise shall not be sold, assigned or transferred, either in whole or in part, or leased or sublet in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without full compliance with the procedure set forth in this Section. B. The provisions of this Section shall apply to the sale or transfer of all or a majority of Grantee's assets, merger (including any parent and its subsidiary corporation), consolidation, creation of a subsidiary corporation or sale or transfer of stock in Grantee so as to create a new controlling interest. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. (1) The parties to the sale or transfer shall make a written request to the City for its approval of a sale or transfer. The City shall then make a determination pursuant to this Franchise as to the exercise of its first right of refusal to purchase the System. (2) The City shall reply in writing within thirty (30) days of the request and shall indicate approval of the request or its determination that a public hearing is necessary due to potential adverse effect on Grantee's subscribers. (3) If a public hearing is deemed necessary pursuant to (2) above, such hearing shall be commenced within thirty (30) days of such determination and notice of any such hearing shall be given fourteen (14j days prior to the hearing by publishing notice thereof. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by the City. (4) Within thirty (30) days after the closing of the 4WW Page 44 - Ordinance No. public hearing, the City shall approve or deny in writing the sale or transfer request. (5) Within thirty (30) days of any transfer Grantee shall f ile with the City a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by the Grantee. C. In reviewing a request for sale or transfer pursuant to paragraph (A) above, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party, including the adequacy of the support for local programming and Grantee shall assist the City in so inquiring. The City may condition said transfer upon such terms and conditions as it deems reasonably appropriate; provided, however, the City shall not unreasonably withhold its approval. In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signator to this Franchise. 3. City's Right to Purchase System. The City shall be entitled to a right of first refusal of any bona fide offer to purchase the System made to Grantee. Bona fide offer as used in this Section means a written offer which has been accepted by Grantee subject to the City's rights under this Franchise. The price to be paid by the City shall be the bona fide offer including the same terms and conditions as the bona fide offer. The City shall notify Grantee of its decision to purchase within sixty (60) days of the City's receipt from Grantee of a copy of written bona fide offer. 4. Purchase By City Upon Expiration or Revocation. A. At the expiration of this Franchise, the City may, in lawful manner and upon the payment of fair market value, determined on the basis of the System valued as a going concern exclusive of any value attributable to the Franchise itself, lawfully obtain, purchase, condemn, acquire, take over and hold the System. B. Upon the revocation of this Franchise, the City may in lawful manner and upon the payment of an equitable price lawfully obtain, purchase, condemn, acquire, take over and hold the System. 405.23. RIGHTS OF INDIVIDUALS PROTECTED. 1. Discriminatory Practices Prohibited. 4XX Page 45 - Ordinance No. Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, programmers or general citizens on the basis of race, color, religion, national origin, sex or age. Grantee shall comply at all times with all other applicable, federal, state and the City laws, and all executive and administrative orders relating to non-discrimination. 2. Subscriber Privacy. A. No signal of a Class IV cable communications channel may be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which shall be renewed at the option of the subscriber. No penalty shall be invoked for a subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of Class IV cable communications activity planned for the purpose of monitoring individual viewing patterns or practices. B. No information or data obtained by monitoring transmission of a signal from a subscriber terminal, or any other means, including but not limited to lists of the names and addresses of such subscribers or any lists that identify the viewing habits of subscribers shall be sold or otherwise made available to any party other than to Grantee and its employees for internal business use, and also to the subscriber subject of that information, unless Grantee has received specific written authorization from the subscriber to make such data available. C. Written permission from the subscriber shall not be required for the conducting of the System wide or individually addressed electronic sweeps for the purpose of verifying the System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in paragraph (B) of this Section. 4YY Page 46 - Ordinance No. 405.14. MISCELLANEOUS PROVISIONS. 1. Compliance with Laws. Grantee and the City shall conform to all state laws and rules regarding cable television not later than one year after they become effective unless otherwise stated. Grantee and the City shall conform to all state and federal laws and rules regarding cable television as they become effective, unless otherwise sta�ed. Grantee shall also conform with all the City ordinances, resblutions, rules and regulations heretofore or hereafter adopted or established during the entire term of the Franchise. 2. Franchise Renewal. This Franchise may be renewed in accordance with applicable state and federal law. 3. Continuity of Service Mandatory. Upon expiration or the termination of this Franchise, the City may require Grantee to continue to operate the System for an extended period of time not to exceed six (6) months. Grantee shall, as trustee for its successor in interest, continue to operate the System under the terms and conditions of this Franchise. In the event Grantee does not so operate the System, the City may take such steps as it, in its sole discretion, deems necessary to assure continued service to subscribers. 4. Work Performed by Others. A. Grantee shall give notice to the City specifying the names and addresses of any other entity, other than Grantee, which performs services pursuant to this Franchise, provided, however, that all provisions of this Franchise shall remain the responsibility of Grantee, and Grantee shall be responsible for and hold the City harmless for any claims or liability arising out of work performed by persons other than Grantee. H. Al1 provisions of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise. 5. Compliance with Federal, State and Local Laws. A. If any federal or state law or regulation shall require or permit Grantee to perform any service or act or shall prohibit Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, 4u Page 47 - Ordinance No. Grantee shall notify the City of the point of conflict believed to exist between such law or regulation. B. If any term, condition or provision of this Franchise or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and to be complied with. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and the City. C. Notwithstanding anything to the contrary, in the event that any court, agency, commission, legislative body or other authority of competent jurisdiction (i) declares Sections 405.06(7), 405.06(8) or 405.10(1) invalid, in whole or in part, or (ii) requires Grantee either to (a) perfona any act which is inconsistent with any of the said Sections or (b) cease performing any act required by said Sections, Grantee shall immediately notify the City. Such notice shall state whether Grantee intends to exercise its rights pursuant to such declaration or requirement. If the City determines within six (6) months of receiving such notice that said declaration or requirement has a material and adverse effect on the Franchise, the City may declare the franchise terminated. 6. Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt compiiance. 7. Administration of Franchise. A. The City shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise. B. Grantee shall construct, operate and maintain the . . � . Page 48 - Ordinance No. System subject to the supervision of all the authorities of the City who have jurisdiction in such matters and in strict compliance with all laws, ordinances, departmental rules and regulations affecting the System. C. The System and all parts thereof shall be subject to the right of periodic inspection by the City provided that such inspection shall not interfere with the operation of the System and such inspections take place during normal business hours. 8. Cable Television Advisory Commission. The City may provide for an ongoing cable television advisory commission. The specific nature and composition of the commission shall be determined by the City. 9. Miscellaneous Violations. A. From and after the acceptance of the Franchise, it shall be unlawful, for any person to establish, operate or to carry on the business of distributing to any persons in the City any television signals or radio signals by means of a System using public right of ways unless a Franchise therefor has first been obtained pursuant to the provisions of an ordinance, and unless such Franchise is in full force and effect. B. From and after the acceptance of the Franchise, it shall be unlawful for any person to construct, install or maintain within any street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed pubZic street on any tentative subdivision map approved by the City, or the City's official map or the City's major thoroughfare plan, any equipment or facilities for distributing any television signals or radio signals through a System, unless a franchise authorizing such use of such street or property or areas has first been obtained. 10. Emergency Use. In the case of any emergency or disaster, Grantee request of the City, make available its System facilities to the City for emergency use during the disaster period. 11. Construction. shall, upon and related emergency or This Franchise shall be construed and enforced in accordance with / � � �� Page 49 - Ordinance No. the substantive laws of the State of Minnesota and without reference to its principals of conflicts of law. 12. Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise. 13. Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance or during thereof is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation. 405.15. EFFECTIVE DATE; PUBLICATION; AND TIME OF ACCEPTANCE. 1. Publication; Effective Date. This Franchise shall be signed by the Mayor or attested by the City Clerk. The Franchise shall accordance with the requirements of the City effect upon acceptance by Grantee. 2. Time of Acceptance and Exhibits. acting Mayor and be published in and shall take A. Grantee shall have thirty (30) days from the date of adoption of this Franchise to accept this Franchise in form and substance acceptable to the City. Such acceptance by Grantee shall be deemed the grant of this Franchise for all purposes. In the event acceptance does not take place within thirty (30) days or such other time as the City might allow, this Franchise shall be null and void. B. Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. Grantee shall provide all services and offerings specifically set forth herein to provide cable television services within the City. C. With its acceptance, Grantee also shall deliver to the City a certified resolution of Grantee evidencing its power and authority to accept the Franchise. Such documents shall also describe the officers authorized to accept on behalf of Grantee. - 4CCC Page 50 - Ordinance No. D. With its acceptance, Grantee shall also pay all costs and expenses incurred by the City in connection with the renewal process. The City shall provide an itemized statement to Grantee. Costs or expenses of the City not identified at that time shall be paid promptly by Grantee upon receipt of an itemized statement from the City. It is the intent of the City and Grantee that the City be reimbursed for all costs and expenses in connection with the granting of the Franchise including any subsequent expenses due to delays or litigation pertaining to the grant of the Franchise. E. With its acceptance, Grantee shall also deliver any security deposit, insurance certificates performance bonds and access capital grants required herein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988. ATTEST: By Shirley A. Haapala City Clerk Public Hearing: First Reading: Second Reading: Publish: By William J. Nee Mayor � � � � EXHIBIT A DESCRIPTION OF SYSTEM IIPGRADE A. The System Upgrade shall consist of the following: 1. Expanding the System to a minimum of 440 I�iz. 2. Overlashing existing distribution cable with new cable and installing all new electronics. 3. Replacing all underground trunk and distribution cable � and installing all new electronics. 4. Changing out existing trunk stations and replacing with new trunk amplifiers. 5. Upgrading the headend with new modulators and processors as required for additional channels. 6. Activating full one-way addressability throughout the System. OR fPre���a��ree}-f�r��-eree�ap�-ad�res�ab���t�* �1°tl'Ct2C!�'�lALi� -��'!C -S�g�Cl�t r} 6 or 7. The headend shall continue to be located at 350 63rd Avenue Northeast. 1 of 1 4EEE EXHIBIT B TECHNICAL STANDARDS FOR SUBSCRIBER AND INSTITUTIONAL NETWORR A. The following technical standards apply to the System (both subscriber network and institutional network) performance as measured at any subscriber, or equivalent, terminal with a matched termination and to each of the cable telavision channels, which signals are delivered to such terminals. Such measurements shall include the receiver converter if such is required at the customer's receiver for any of the channels of required carriage. l. The frequency boundaries of cable television channels delivered to subscriber terminals shall conform to those set forth in FCC Rules in effect October l, 1985, Section 73.603 (a) . 2. The frequency of the visual carriers shall be maintained 1.25 MHz ± 25 kHz above the lower boundary of the cable television channel, up to the receiving terminals, exclusive of any receiver attachments, such as channel converters, except for the local VHF channels, which shall be carried "on channel". 3. The frequency of the aural carrier shall be 4.5 ± 1 above the frequency of the visual carrier, except where monochrome signal origination occurs within the System, under which conditions, the tolerance shall be ± 5 kHz. color local origination channels shall have aural-visual separation of ± 1 kHz from 4.5 MHz. kHz All B. The visual signal level on each channel shall be maintained within the following limits over the entire ambient temperature range of -30 degrees Fahrenheit to +110 degrees Fahrenheit: 1. The visual signal level on each channel shall not vary more than 5 dB during any 24 hour period. 2. The visual signal level of any channel shall not vary more than 2 dB from an adjacent channel. 3. The visual signal level of any channel shall not vary more than 6 dB, from any other channel on the System with tilt correction. C. The audio signal consistent level until arrived at in a timely Franchise. on each channel shall be maintained at a such time as a specific measurement can be manner following the acceptance of the 1 of 3 4FFF D. The rms voltage of the aural signal shall be maintained between 13 and 17 dB below the associated visual signal level. E. The peak-to-peak variation in visual signal level caused by undesired low frequency disturbances (hum or repetitive transients) generated within the System or by inadequate low frequency response shall not exceed 2� of the visual signal level. F. The visual signal level at the picture carrier frequency on each channel shall not be less than 0 dbmv, nor more than +14 dbmv as measured across a 75 ohms terminating impedance, at the subscriber's television set terminals. G. The ratio or visual signal level to system noise and of visual signal 1.eve1 to any undesired co-channel television signal operating on a proper offset assignment shall not be less than 43 dB. This requirement is applicable only to: 1. Each signal which is carried by the System serving subscribers within the Grade B contour for that signal, or 2. Each signal which is first picked up within its Grade B contour, 3. Any local origination channel, 4. Any satellite programming. H. The ratio of visual signal level to the rms amplitude of all coherent disturbances, such as intermodulation products, co- channel television signals, or discrete-frequency interfering signals, shall not be less than 54 dB for carriage of all signals picked up within Grade A contour. Not operating on proper offset assignments shall not be less than 46 dB. I. The terminal isolation provided each subscriber shall not be less than 25 dB, except that the isolation between separate television and FM broadcast terminals for the same subscriber shall not be less than 15 dB. J. Radiation from the System shall be limited to applicable FCC Rules, Regulations and Specifications. K. System cross-modulation as measured at all network frequencies from the network input to any subscriber terminal shall be at least 53 dB below the normal transmission level L. Subscriber installation shall conform where applicable to current relevant provisions of the National Electric Code, current edition, or any other applicable codes. 2 of 3 4GGG M. The System shall be designed and maintained so as to be capable of operating over an ambient temperature range of -30 degrees Fahrenheit to +110 degrees Fahrenheit without catastrophic failure or irreversible performance changes over variations in supply voltages from 105 to 130 VAC. N. The maximum composite triple beat shall be -53 dB, as measured with a Hewlett Packard model 8558B spectrum analyzer or equivalent. This specification is based on measurement of any channel with all other channels activated at the headend. O. The maximum second order distortion shall be -62 dB. P. The maximum third order distortion shall be -65 dB. Q. The maximum system bandpass response shall conform to the formula N/10 +2 dB (where N equals the number of amplifiers in Cascade). R. AGC/ASC forward every second trunk amplifier. Maximum of 57 dB of cable to feeder terminator from last trunk AGC/ASC. S. Notwithstanding anything to the contrary, Grantee shall at all times comply with all federal or state standards, codes or guidelines. 3 of 3 4HHH EXHIBIT C ACCESS C'HANNEL CARRIAGE REQIIIRII�NTS A. Prior to the completion of the System Upgrade, the access services shall be carried in accordance with the following: Access Service Channel Location 1. Public Access 33 2. Educational Access 32 3. Governmental Access 31 4. Library Access 34 B. Any realignment of any access service(s) shall require the prior approval of the City; provided, however, if the City does not object within sixty (60) days of a written request for an access service realignment submitted in writing by Grantee the City shall be deemed to have consented. C. 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LOCAL ORIGINATION PRODUCTION EQUIPMENT, DESIGNED FOR USE IN STUDIO/CONTROL ROOM "B" IS AVAILABLE FOR ACCW USE IN CONTROL ROOM/STUDIO "A" UNDER THE FOLLOWING CONDITIONS: - THE EQUIPMENT IS REQUESTED BY ACCW STAFF. - THE EQUIPMENT IS FOR TEMPORARY REPLACEMENT OF STUDIO/CONTROL ROOM "A" EQUIPMENT WHICH IS OUT FOR REPAIR OR WAITING FOR REPAIR; OR - THE EQUIPMENT IS FOR USE IN A PRODUCTION PRODUCED BY ACCW STAFF, MUNICIPAL CHANNEL STAFF, OR EDUCATIONAL ACCESS STAFF. - THE EQUIPMENT IS INSTALLED BY NORTEL STAFF. - THE EQUIPMENT IS NOT IN USE, NOR WOULD IT CONFLICT WITH A SCHEDULED USE BY NORTEL STAFF. - '1'HE EQUIPMENT DOES NOT LEAVE STUDIO/CONTROL ROOM "A". THE LOCAL ORIGINATION 3/4" EDITING SYSTEM WHEN NOT IN USE, OR SCHEDULED FOR USE IS AVAILABLE FOR ACCW STAFF USE, UNDER THE FOLLOWING CONDITIONS: - ACCW STAFF USE REQUEST IS MADE PRIOR TO THE DAY REQUES�ED. - ACCW STAFF WILL BE THE ONLY NON-NORTEL PEOPLE PRESENT DURING USE AND ACCW STAFF WILL NOT LEAVE THE EQUIPMENT UNATTENDED IN AN UNLOCKED AREA. - THE EQUIPMENT DOES NOT LEAVE STUDIO "B". 1 of 5 � _ _ 4zu NORTEL PRODUCTION EQUIPMENT, LISTED AS CURRENTLY NOT IN USE, IS AVAILABLE TO ACCW USE UNDER THE FOLLOWING CONDITIONS: - THE REQUEST FOR USE IS MADE BY ACCW STAFF. - THE EQUIPMENT IS USED FOR TEMPORARY REPLACEMENT OF STUDIO PRODUCTION EQUIPMENT GONE FOR REPAIR OR UNDER REPAIR. - THE EQUIPMENT DOES NOT LEAVE THE BUILDING. 2 of 5 STUDIO "B" PRODUCTION EQUIPMENT IN CONTROL ROOM BRAND M N S N PANASONIC PANASONIC SHliRE PANASONIC VAC CONRAC SONY SONY SONY SONY SONY SONY WINSTEAD WINSTEAD PANASONIC SONY CONRAC TEKTRONIX KNOX SONY SONY SONY SONY SONY SONY SONY ITEM WJ5500B SEG WV5200BU TRIPLE B/W MONITOR M267 4 CHL AUDIO MIXER - NV8500 VHS EDITOR INTERCOM SYSTEM ENA9 DOUBLE B&W MONITORS CAMERA CONTROL UNIT CAMERA CONTROL UNIT CAMERA CONTROL UNIT CMA7 CAMERA POWER SUPPLY CMA7 CAMERA POWER SUPPLY CMA7 CAMERA POWER SUPPLY 22" EQUIPMENT RACK 22" EQUIPMENT RACK VN4130 B/W RCVR/MONITOR CVM1250 RCVR/MONITOR ENA9 B/W MONITOR 528 WAVEFORM MONITOR K128 CHAR. GEN. ECM16T TIE TAC OMNI MIC ECM16T TIE TAC OMNI MIC ECM16T TIE TAC ONIIJI MIC ECM16T TIE TAC OMNI MIC ECM44B ELECTRET CONDENSER MIC ECM44B ELECTRET CONDENSER MIC ECM44B ELECTRET CONDENSER MIC STUDIO "B" PRODUCTION E4UIPMENT IN STUDIO BRAND SONY SONY SONY QUICKSET QUICKSET QIIICKSET QUICKSET QUICKSET CENTURY CENTURY CENTURY CENTURY CENTURY CENTURY CENTURY CENTURY M N SL DXC1800 DXC1800 DXC1800 4-72852-3 4-72852-3 SAMSON 7301 SAMSON 7301 HUSKY ITEM COLOR CAMERA 4" COLOR CAMERA 4" COLOR CAMERA 1" TRIPOD HEAD TRIPOD HEAD TRIPOD W/DOLLY TRIPOD W/DOLLY TRIPOD/HEAD/DOLLY SMALL FRESNEL LIGHT SMALL FRESNEL LIGHT SMALL FRESNEL LIGHT SMALL FRESNEL LIGHT SMALL FRESNEL LIGHT SMALL FRESNEL LIGHT SMALL FRESNEL LIGHT SMALL FRESNEL LIGHT 3 of 5 I � � 1 � �_ NOTE NOTE VF lOxl LENS VF lOxl LENS VF 6x1 LENS ...��� CENTURY CENTURY CENTURY CENTURY CENTURY ALLEN-TEL TELEX ELECTRO VOICE ELECTRO VOICE ELECTRO.VOICE ELECTRO VOICE SHURE REALISTIC ELECTRO VOICE � 635A 635A 635A 635A 579SB S N ITEM SMALL SCOOP LIGHT SMALL SCOOP LIGHT SMALL SCOOP LIGHT SMALL SCOOP LIGHT PANTOGRAPH BLUE CURTAIN 25'x10' 12' WOODEN STEP LADDER INTERCOM HEADSETS INTERCOM HEADSETS HANDHELD OMNI MIC HANDHELD OMNI MIC HANDHELD OMNI MIC HANDH :LD OMNI MIC HANDHELD OMNI MIC TIE TAC OMNI MIC LAVELIERE OMNI MIC , - - - - NOTE NORTEL PRODUCTION E UIPMENT CURRENTLY NOT IN USE STORED ON STUDIO "B" SHELVES : i• � SWITCHCRAFT SWITCHCRAFT SWITCHCRAFT SWITCHCRAFT SWITCHCRAFT SWITCHCRAFT TEKTRONIX PANASONIC JVC McMARTIN SONY � SONY BEI REALISTIC SHURE PANASONIC AUDIOMAX AUDIOMAX PANASONIC PANASONIC PANASONIC PANASONIC SIGMA SIGMA BALL/MIRATEL SHURE ATLAS 1N S N 528 NV1960 KDV33 ACCU-FIVE V02800 V02860 CG410 M267 WJ4600 4440A 4000A WV3700 WV3700 WV3700 WV3700 VDA-100A VDA-100A ITEM NOTE 26x2 FATCHBAY 26x2 PATCHBAY 26x2 PATCHBAY 14 PURPLE VIDEO CABLES FOR ABOVE 3 BLACK VIDEO CABLES FOR ABOVE 8 AUDIO CABLES FOR ABOVE WAVEFORM MONITOR EDIT CONTROLLER AUDIO CASSETTE DECK AUDIO MIXER 3/4" VCR 3/4" VCR CHARACTER GENERATOR TIMER AUDIO MIXER SEG AUDIO COMPRESSOR AUDIO LIMITER COLOR CAMERA 6x1 LENS, POWER SUPPLY COLOR CAMERA 6x1 LENS, POWER SUPPLY COLOR CAMERA 6x1 LENS, POWER SUPPLY COLOR CAMERA 6x1 LENS, POWER SUPPLY VIDEO DA 1 IN/6 OUT VIDEO DA 1 IN/6 OUT B/W 9" MONITOR DESKTOP MIC STAND DESKTOP MIC STAND 4 of 5 BRAND ATLAS ATLAS DYNAIR DYNAIR DYNAIR AREOVOX M N 710 S N ITEM FLOOR MIC STAND FLOOR MIC STAND AUDIO PRE-AMP 3x V/A PASSIVE SWITCHER 6x V/A PASSIVE SWITCHER BULK ERASER 4CCCC NOTE NORTEL PRODUCTION E4UIPMENT CURRENTLY NOT IN USE STORED ELSEWHERE IN ACCW EQUIPMENT ROOM: BRAND � � S N ITEM NOTE RyAN AUDIO DA: 2 IN/8 OUT IN ACCW EDIT ROOM: BRAND M,L RAPID-Q RAPID-Q S N ITEM NOTE AUDIO CART RECORD MACHINE AUDIO CART PLAY MACHINE IN CONTROL ROOM "A" CABLECAST AREA: BRAND ML S N ITEM NOTE DYNAIR PS1053D 8 OF 12 CH. 4 OUTPUTS @ DYNAIR VS153A SEG 5 of 5 EXiiIBIT F INITIAL RATES AND CHARGES The initial rates for Basic and Pay Television Services are as follows: * * Basic Service: Pay Television Service: � � � � � $11.03 per month (plus state sales tax and federal copyright fee) Home Box Office Showtime The Movie Channel The Disney Channel $12.00/month (plus tax) $11.00/month (plus tax) $11.00/month (plus tax) $10.00/month (plus tax) A$2.00 monthly discount is given to all customers with two or more pay television services. The monthly price of the remote control is reduced to $2.95/month for customers with two or more pay television services. 1 of 1 4EEEE EXHIBIT G CUSTOMER SERVICE DEPAR7.'MENT HOURS A. Dispatch Department 8:00 a.m. - 5:00 p.m. - Monday 8:00 a.m. - 7:00 p.m. - Tuesday through Friday 8:00 a.m. - 5:00 p.m. - Saturday B. Customer Service Department 8:00 a.m. - 7:00 p.m. - Monday through Thursday 8:00 a.m. - 6:00 p.m. - Friday C. walk-in Hours 8:00 a.m. - 5:00 p.m. - Monday through Friday D. A drop slot will be available for after hours payment. E. Repairs will be done, at a minimum, Monday through Friday - 8:00 a.m. - 8:00 p.m. and on Saturday - 8:00 a.m. - 5:00 p.m. 1 of 1 «M r • y: � �1 . , i. � •�,.i,. • . �1�1}I �_ • � • .• +- :-, , • - - ? �� • �1 �� yl � Chairperson Betzold called the April 6, 1988, Planning C�nmission meeting to order at 7: 32 p�. m , gor.� c1�: Mgnbers Present: no�a s��o�a, David Kondrick, Dean Saba, Sue Sherek, Richard Svanda, Alex Barna Nfembers Absent: None Ot�ers Present: Jim Robinson, Pla¢uiing Coordinator Jock Robertson, Camunity Developnerit Director Teresa Gibson, 1255 - 66th Ave. DL E. APPj��ryi, OF NLA� 9. 7�88� PLAI�NTI� �I�SION MII�LTI'F�: �� by Mr. Itondrick, se�nded by Mr. Saba, to apprwe the March 9, 1988, Planning Canmission minutes as written iJPOlV A VOIGE VOTE, ALL VOPII� AYE, Q�AIRPERSCN BETZCGD DE(3�ARED THE NATION C�RRIED UNANINYJUSLY. 1. COI�fi?��RATIOh O A Lrn' c�T T'r L. S�88-02. BY TERESA JQiIN GI�N: To spl it the west 13 feet af Lot 30 (except the weste rly 120 feet ), Brookview Additicn, the sa�►e being 1255 - 66th Avenue N. F.. Mr. Robinson stated the petitioner wants to split off 13 feet of the neic�bor's property (which accesses onto Channel Road), adding it to the petitia�er's property in orc3er to allaw for boat storage along the side of the garage and also to expand the existing driveway. This was a simple lot �plit and staff had no problems with the request. However, staff was re�ommending two stipulations: 1. �e 13 feet to be vombined with the Gi�son paroel at the time the Iat spl it is reaorded. 2. Any widening of the driveway opening w�ould require a permit f ran the City �gineering Dept. Mr. Robinson stated that both the Gibson lot and the neighboring lot were suff icient in size so the paroel being diminished would still be more than ample in size. rLs. Gibson asked if she oould widen the driveway to the curb opening, but r�ot widen the curb opening itself. - Mr. Fobinson stated paving up to the street without a full curb opening made it appear that there was a full driveway opening when there was not. The -1- 5 . . Y , . L; T�� . ��►� �. �� � . �i� vl:�+�l petiticner �uld also wi.clen the driveway to the houlevard aryd then taper it to the street. Mr. Kondrick stated it would certainly look nicer if the curb opening was wic',ened to match the widened driveway. t�Qi� by Mr. Kondrick, sev�nded by Mr. Saba, to reoarmend to City Council apprwal o� lot sp�l it request, L. S�88-02, to spl it the west 13 feet o� Lot 30 (except the westerly 120 feet), Brookview Additian, the 66th Avenue N. E. , with the fallowing stipulations: 1. The 13 feet to be vo�nbined with the Git�son paroel time the lat spl it is reaorded. 2. Any widening of the driveway opening would require . f ram the City Engireering Dept. same being 1255 - at the a permit UP�1N A VOICE VU1'E, ALL VOPII� AYE, Q3AIRPERSCN BErZCGD DECT�ARED T8E DpTION CARitIED UNANINX�I3,Y. �,� � �1; � • � • ; �►/ • � N y•i ^� et� �.;�� ��; � r M, : �4 : \� : ti ; N ,I • Y�'���►� : ; : �� ;� : h�+ Mr. Robinson stated the Planning Commission had discussed the subject of temporary signage restrictions at their Jan. 27th meeting. H�e stated that at this meeting, the Commissioners had reoeived a revision to the Sign Ordinanoe to restrict the use of temporary or portable sicpls. Staff was proposing they change the ordinanoe to be sensitive to multi-tenant buildings and to change the period of time the siyn can be out on the property. Presently, the Code states a sigz can be on the property for 10 days, up to 3 times a year, as long as the times are ronconsecutive. That is per business and is not sensitive to the fact that there are multi�tenant buildings. So, they oould have multi- tenant bui.ldinc� with a sign on the property year-arou�d. �e City has had that problem in the past. Mr. Robinson stated the revision would allaa for 14 day periods, more in �nformanoe with the way the sic,�s are rented which is They would say that the number of businesses would dictate the times per year a busiress can have a portable sicg�. In addition, never be more than one per time per tax garoel/developnent. which is monthly. number of it would r]r. Robinson stated the Cam�ssioners had also reaeived at the meeting a list of all the multi-tenant businesses in the City of Fridley prepared by Kathy Castle, Planning Assistant. On the right hand side of the 1 ist was the ra�:imun n�nber of days per year that there would be portable sicpzs in any one develo�ment. The maximun was 70 days for the larger shopping centers such as Holly Shopping Center and Skywood Shopping Center. Mr. Robinson stated sane other oomponents of what was being proposed was that the burden of the management cf the sic�s would be the responsibil ity of the property o�wryer or its desic�ated agerit � manager. The location of the signs would be the same as other sic�s--10 ft. fran the prcyperty line or c.riv�ray so there would be rn protxlens with traffic safety. -2- 5A • f ���' �. �•V V •,\ Vfl/`V�y 1. • �\ � Mr. Robinson stated the City would require a SZ00 deposit which would be a certif ied check or money order before a permit would be issued f or a temporary sig�. That SZUO would only be refLnc3ed if the sigz was renared on the very next business day after the permit expired. So, if the permit expired on a Friday, there would be some grace period over the weekend because they w�uld not e�ect a business to renave the sigi ori the 14th day of the permit. Mr. Robinson stated that in addition to the S 200 deposi t, in r ev iew ing the Code, they fand tYaey will be able to charge a permit fee. There was some discussiai as to whether a t�nporary sign should require a permit fee, but the way it was written in the Code, they will be allowed to charge a S24 f ee. Mr. Robertson stated that after the March 28, 1988, City Council meeting wt�n a re�vised Comprehensive Sign Plan was considered for the Riverboat Plaza Shopping Center, he had told the City Council that the Planning Com�nissivn would be vonsidering sane draft changes to the Sic� Ordinance. He had g�tten sane mixed reactions f ran the City Council members. Sane r:enbers said that as far as they were v�noerned, temporary sigis were a big adninistrative burden and that the Planning Commission should consider banning temporary sig►s altogether. Ch the other hand, it was noted that onoe the ordinanoe was drafted, maybe they oould check with the Chamber of Camieroe and get the C%anber's reaction to the propo9ed ordinanoe change. Mr. Betzold stated he agreed with Mr. Robertson that there is some def inite sentimerit cn the part c� the City Comcil to ban temporary signs entirely. Mr. Betzold stated the �200 deposit would be refunded ahen the sign is ranaved "� the next business day". Should they say '�y the next business day "? Mr. Fobertson stated maybe they should say "� the end of the 1 ast day of the permit". �at way, they eliminate the businesses arranging to rent a sig► so the permit ends on Friday or Saturday, giv ing them the weekend before the sigt has to oome d�wn. Mr. Robinson stated then it beoanes a policing prolalen. If the permit ends on a Friday, the business will want the sicp up that wtiale day, and if they cannot arrange to have the sic� oo�rtractor pick it up at the end of the day, what will the business d� with the sigi? Mr. 9vanda stated the sic� aould be maved elsewhere on the property so it is not sitting out in f ront af the business. Mr. Betzold stated the permit should specifically say when the permit expires, and then the sig► should not be visible after tha� Mr. Robinson stated they o�uld say that the sic� has to be gone by noon of the next day. r'.s. Sherek stated then they nn into the problen of having a business having -3- r�� ,. i�\� \. �� v V� �\ V J�d1V � i i\ the sigz up f or more than 15 days. Mr. Robinson stated city staff will rot be going out on Saturday or Sunday to see if a sigl is in vialaion. He thought it would be much better to say "by noon of the next txisiress day". Mr. Barna stated the permit application li.sts: Balloon, Forta-panel, and Other. Was there a def inition for "Other "? Mr. Robinson stated there was rwt. Mr. Barna stated he felt they oould run into some problens with "Other". What about a business van/truck with the business loc� painted on it? Then, often a business will hang a banner on the van/truck and park it in front of the business to advertise some kir�d of sale or special. The banner on the van/truck was rat a proialen;, but with the banner, the sigi on the van/truck tec�nicall then beoomes a porta-ganel sic� which requires a permit. Mr. Barna stated he felt the definitions were the biggest problem in the draf t ordinanoe. Zhey need def initions that will stand up in oourt. Mr. Robinson stated staff would look at the def initions and see if they oould be tighter�ed up a little bit. �QN by Mr. Saba, seoonded by Mr. 9vanda, to approve and forward to the City Co�.ncil the revision to the Sig1 Ordinance, Qzapter 214, to restrict the use of temporary/portable signs, with the amendment to Section 214.11.6.D. (seoond sentenoe) to read: "Said deposit will be refuncied only if sic}� is renwed �; noa*+ of the next business dav after the permit period e�.pires. " UPaN A VOICE VOI'E, ALL VOrII� AYE, Q3AIRPERS(N BEi'ZCLD DECZRRED THE I��TION (�RFZIED UI�1Il�DtJSLY. ��. I �=.; : : ' ' . �. �. : �� �1/ • :u �� / . � ; Yy u �.il�►`� �QN by Mr. icondrick, seo�nded by Mr. Saba, to reoeive the Feb. 11, 1988, Housing & Redevelognent Authority min�es. UFON A VOICE VUPE, AL�L VOrII� AYE, �iAIIZPSRSQJ BEIZQ.D DECLARID THE r10TI0N ((��RIED UNANIM7USLY. � ; �M L �: ; r; ; ti� a, . �. �. : �� �►I • :� �� : /Y..� : Y u� �1 �. � �. � ��Q� by Mr. Kondrick, seconded by Mr. S�anda, to receive the Feb. 25, 1988, Special Housing & Redevelopnerit Authority meeting minutes. IJi�()N A VOICE VOI'E, AtS. V(7TIl� AYE, QiAtRPER.SQJ BE�ZCLD DECLARED THE AlOTION C�IRRIED UNAN7M)(J3,Y. � :y � � : :,«. .t � : � ; `�.1;,« •� ��� • � ,��liJ� ,4- 5C � :,�,� ,. ••,,.i 'f •;, „i;��M , .:; �Q� by Ms. Sherek, seconaed by Mr. Barna, to receive the March 3, 1988, Einan Resouroes Carmission minutes. UPON A VOICE VOTE, ALL VC1t'II� AYE, Q�AIRPF'�RSCN BE'PZCLD DE(I,ARID THE I�TION C�2itIED UI�lNIM)[JSY. . ;a« I u::,�. ::; : «C ; •� •��„ •,� _� � �4 �4tI by Mr. Kondrick, seconded by Mr. Svanda, to receive the March 7, 1988, Parks & Recreation Ccmnission minutes. UPaN A VOICE VUl.'E, ALL VOrIl� AYE, Q�AlRP'ER.SCN B�t"LQ�D DEQ�ARED THE rATION (�RRIED UNAI�TIM�IJ3�Y. Mr. Kondrick stated that Mr. A1 Gabel had resigled fran the Conmission. As the Planning C,ommission menbers l�ew, Mr. Gabel had been a forn:er member of the Community Develanent Commission. When the Community Development Coirmission was disbanded, the members were given the choice o�f joining another oonmission. Mr. Gabel had chosen the Parks & Recreation Ca�►ission, brinqing the Cam�ission to 6 members. With the resicyzation of Mr. Gabel, the Parks & Recreation C,aanisson would return to its 5 menber status. : �.M I � : ;,l. 1 . �. , �. ; �� y1/� • .� �� /M. ��: MM � �. 1Y�'- r1�S.QN by Mr. Kvndrick, seaonded by Mr. Saba, to reoeive the March 10, 1988, Hou�ing & Red�velapnent Authority minutes. UPOIJ A VOICE VOi'E, ALL VClrIl� AYE, Q�AIRPF�%SQd BEi'LCLD DEQ,ARED THE I�TION (�FtRIED UNANIMXIS,Y. . � :�,1: � � �+, � � by Mr. Kondrick, seoonded by Mr. Saba, to adjourn the meeting. Upon a voioe vote, all voting aye, C�airperson Betzold declared the April 6, 1988, Planning Camiission meeting adjourned at 8:10 p. m Respectf ully sukmitted, _ / / . J �, :� ; � ; < < ,�:� � �`r._.. 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(� �) , (�s) � .f' .rro�7 � 7. + � j " ::e�.3eeC�n�a�l.�l°o. � f ��j� � ,.-.. �i3��) (�7q� • (�ao) ', �� yl _ c^°I � s � � �� �,s8o) a� f � � y 6A���, 5A� ., � r� F�'°' � cN, � a� .,wPA�a�u��shr"' - ,sa .v�o �,� �/ �-- ° �j'� 6 6 �r�� . -� ,.o.., e r� 4 - ;�� . /�) _ ,� (d6 �(�)� . �i¢1�J � ;,,� l) L V \r l/�oo� � 7so -- � .. /i o��� f � i i � �/y� / \c ^ . t� �j� Oa �j% V D f ��j�% � � �/ `� � � / � �� ��� _ r� � ,` ` � 4 � L4) 4 �l -3 � •, �i�w� 4 ���o> � y+ �� l� _ rn) ; h �''� s � �� s, „ C� �± � . � . . ., �'�''� i' ,' �° �� 4 V �6"'�, l ��� � JIB /f rJ M • . h '. ( � , N y__ � .% s x�w '`:�y!O• �� � • y;y >56de,ts .. r � � ' � �) ' h `g °� I �� g '.'r��v¢ � � � .�� . :' /4 / �i'� C�e� �� � ♦ n .f ' � _ � s -�-� � � � �, �� � � . /� 1r.1 k�2 � /3� Z ���' 3 f + `iI � ��' _ �� � • � � �� ir �.n — i �� ,> p� — or�3o> �40� � /2 4 3 � . 2ts'� 3 ��_ � ; �� /p ��.•��)o � ��_w C�i� �p� � l � �� � o C�'b°! r7o /� � � 'Z /� �' '¢ �-�� � �' �'�9 z (��� , �v • � 1 % � " �) O '<<iF} ° �1� � / r � o ,o , . /O � t �, /O� .5 ��Fl` � � B / I 3C"�� . :- , C2 Z o� �2�) (r 80) � �1 � • ' .< 9 ���6 , � 9 ��� 6 �,, � ; �-�s� r • ' (� � K� 1 � r ! � . �a �(i�.�. �O 33 33 ' y,-3;, `� � �� I :'abI`��il �,' i 1 1' ` ���0�� •, r/If �� 331 "+ 6 � � f:Y / �hT � � l ����. '� � � � � sa — : " �-T'tCf-�`-i"'�" , J . .�r E.er. r " �!� . y�• �..�.a a ^� f ,. �-.� , � -- ___ -----�----- -- =— — -- - __ �'Il�T� LOCATiON �lAP t � CERTIFICATE OF SURVEY � Teresa Gibson i.�.� o0 zs I w��/' � I Z I I I \��_ � �� I — _T' � � i m) f i � �� I I— �, � e� .. (f) � �_�i ti Sing/e Srory � . � w�d F.om� ,ti 4 Noure � �/755 I , ` � � � �, I � I w U w I ; ���a h 1 v --- -----� - - _ =s � � � � , h � Stittf fartmen/� I � I �+ j /20.00 i1 �' 66 th Avenue s Go�ags � �e i� �; t � aa 1� � I � I e Z �W , I .&�, 1 �,� - �� � � e � � � � N ~ ti � ,� � e C � i 0 ti N. E. -, _ `�L � � DESCRIPTION OF VROPERTY SURVEYED '� '[be Nest 120 feet as roeasured along the North and South � lines of Lot 30, BRQOICVIEW ADDITION, Moka County, Minnesota subject to Pierce Street N.E. and 66th Avenue N.E. I end 'Itie East 13 feet of the 11est 133 feet as measured along I the North and South lines of Lot 30, BROOKVIF.Ii ADDITION, Anoka Coimty, Ninnesota except the South 20 feet thereof. I Scale: 1" =20' o Denotes Iron I �" 1,��J ( MIDVYEST I� LAND SURVEYOR9, QIC. 7801 Sunnyside iioad d� Hwy.10 Minneapolia, Minneaota 56432 Tel: (612) 786-6909 We hereby certify tMt thn is s trw snd cornct represenuaon of � wrvey of Me boundsnes of the abwe described Is�d and o� Me loe�tion of all buAd�rq�. if sny. Meraor� a�d MI rii(bk Mcrwd�mmK i1 anY. fran w on ad land. As wrv�wd this g� d�y of. /�Pr�� � . tY� �1 •o� 1� �s•l✓kOw✓ Irlinn. IIw. Me. /IOASi cra s „e rw. Q9-zzs s,,,, _ .,R 4s-Z9 5F RF�CI,tiP70�i N0� - 1988 A R�S�UTION APPROVING A SUBDIVISION, LOT SPZIT, L. S. 88-02, ZO SPLIT TfiE EAST 13 FELT OF T8E WEST 133 FEET AS 1�ASITRED AL ONG TH E NGgtTH AND 3QJ TH L I N ES OF L OT 3 0, �t00KVIF�T ADDITION WHEREAS, the City Co�cil appraved a lat sgl it at the meeting arzd the Planni.ng Canmissian stipulations attac�ed as exhibit A; and WHIItEAS�, such apprwal was to spl it c�f the east 13 feet c� the w�est 133 feet as measured along the north and south lines of Lot 30, Brookview Ad�dition, the same being 6610 Channel Raad N. E. WHIItEAS, the City has reoeived the required Certificate of Survey from the a�rber ; and WHEREAS, such approval will spl it off said piece of property and to be combined with the adjacent single family parcel (the west 120 feet of Lot 30, Brookview Additiai ) . NQr�, THII�EFDRE, BE IT RFSCGVID that the City Council directs the County of Anoka to reoord this lat split within six months of this approval or else such shall be null and void. PASSED ADID ADOPPED BY THE QTY OOtJNQL OF THE QTY OF FRInLEY THIS DAY OF , 1988 WILL IAM J. 1�E - MAi'UR 1�TFST: S'�iIRLEY A. HAAPALA - CITY CLERK 5G 5H EXHIBIT A STIAJLI�IONS LS #88-02 1. Comglete aombination form and return to City by May 2, 1988. 2. A permit must be obtained in order to increase the curb cut width at the driveway opening. 51 � Division � Combination DIVISION / COMBINATION REQUEST Municipality FRIDLEY Date 3 / 22 / 88 For taxes payable in 19 $9 Fee o�rner: John P and Teresa Gibson Cantract purchaser: John P and Teresa Gibson Taxpayer name: Same , p,,ddress: 1255 - 66th Ave N E Fridley, Minn. 55432 PIN IiOT BLK SUBDIVISION OR DESCRIPTION 13 30 24 24 0039 W 120 af 3 Brookview Addition & New Pin No. for yGest 13' of ot 30 (ex W 120') Brookview Addition Note: If this is a request for a division of a tax parcel, the legal descriptions of the new parcels must be attached. X Q Fee owner � Contract purchaser Note: If the request is by a contract purchaser. the applicant must already appear as the contract purchaser in the county tax records or a copy of the contract for deed must be attached. Checked for delinquent taxes by: Date: / / � PLANNING DIVISION � MEM4RANDUM ci�roF fRlDLEY I�MD T0: City Co�mCil Members N�MO FROM: Kathlyn Castle, Planning Assistant RF]GARDING: Sigi Permit for the Fridley Historical Society I�M� L�ATE: April 12, 1988 The Fridley Historical Society has requested that their fee for a Sign Permit be waived beca�se they are a non-prof it organizatian. Sectian 214.15. O1. E. o� th� City Code states that sic�s whid� are erected by non�profit organizations are rot ex�empt fram obtaining sign permits but the fee requirement may be waived by the City. �e proposed sigz o�mg].ies to the regulatians which apply in the Sic� Code. Staff recommends that the Sign Permit fee of 524.00 be waived for the Fridley Historical Society. M-88-81 6A April 11, 1988 To The rridley City Council: The rridley Historical Society hereby requests that the city council waive the fee f or our sign permit, such sign to be located at our museum, 611 Miss. Street. In makir�g arrangement with Jim Robinson for our permit, he informed me that as a Fridley-based, non-profit or�anization open to the public, we are eli�ible f or a fee waiver if the city council �rants it. Thanking you in advance, I remai , ��� : .�, � . ,�,�.�. �� . � � ome :a. T•"anley F dley Historical S ciety � ilding rund Chairman Effective: J�e 1, 1966 �� CITY OF FRIII.EY • SIGN PF�IIT APPLIQ�►T�i Owner: I��E� / OR J oLiF SIGN IItDCIt�R: J69�n �' /�-P TA .�F'f.� Address: T. ��. . City/Zip: �r�'>�oLr : rn r� � Ss'ys 'L QTY/ZIP: Zlel. No: TII.. I�1�: Sic� Location Address: 1��� m �.(('. ..�! • Zoning: Lot: ffiock: Addition: . �ri ion Of Si� 1. () Wall Length of Wall Max. Allowat�le Sq. Ft: Si� Length: Width: St�. Ft.: 2. � Pylon Distanoe Fr. Prop. Line: Distance Fr. Inter/Dwy: Siqn Length: �<,• Width: ,�,r Height: .S fT 9q. Ft.: '/5��� 3. () Roof R�of Si� in Lieu of Pylon Sic� sic� Length: � width: 9q. Ft.: 4. ( ) Campai� *5. ( ) Teny�rary (Banners, Fbrta-Panel, Penr�ants, etc) *APPROVID FOR 10 t1AYS CrII.Y Date Erected Date Zb Be Ranoved D Constructed Of : �tJ o a� ��� y� �$�� D Zb Be Ccmpleted Ill�ninated: Yes () Ab (� IF YFS; Electrical Permit is Neoessaty Fbr i�iring Si� SIGN A'�'SSAGE: ���'I �L f� �1; TG�l/G:�i L,,,,r� C� �'',�`, u�f �'U� �� �e �dersic�ed hereby makes application for a petmit for the work herein specified, agreeing to a� all work in strict acoordanoe with the City of Fridley ordinanoes and rulings of the Building Inspection Departlnent and hereby declares that aIl the facts ar.:: representations stated in this applicatian are true and oorrect. DATE: ���/ � APPLIC�INT - � e , h� .i�____� Please Pri Peffiit �PC 0 to 40 s�uare feet: $24.00 ple�s $.50 surcharge if not lit. 41 square feet or m�re: 560.00 plus S.50 surcharge if not lit. Pblitical Sic�s: S15.00 deposit, zef�aed when siqns renaved Tenporary Signs (porta panels, banrers, etc.): NO FEE ,�,�ulations - � Revolving beaoons, zip flashers and si.milar devioes including any souroe of ligt,t which chanc�s in intensity are p�rohibited. --_ ;�.`- Apprwed ay: Date: City Si� Cbde Enf or aanent ,, , ,, � � s� � � � � sc 0 � �! �ac;F� R i7�M���� ��p �puJO� / a'PPh'`�' r� NN r� , v ¢_ y'xy'= � �'; ���� � . ��. ��J� ��fT�N�:�,c�" �' / �f�E wi'll d/rE v�a WiNe1ni�l. ,���;��. w e i �_ _ y�,:w;, .,,,,�.. � L �q C<—'D / /�/ //�/.I .r'/�N l�/G L �� /b .. . �"�oNr oN ��� �c�Fry ���5'. ,�S � �/l `n � J.t �sJ' � p� J" �l L% ��� ; o Lc• . � . � ' ' - v r.;� � ��� '1 �i- !2 ��IY '� 4 ` �/ � ��� � � ��`1�1j ' / ��1•� � �L, c � � '� /i , f � . ,. , y . 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' � � L " �o�, I � c.fov/ O. fricf t 3 ,,,, ino /n i�e �� '� r. j ��. — 1J� ,j_ ,J%B7 — .. ' _ 13 . _ LOCATiON MAP 7 CITY OF FR�t,F'�' CATV ADVISORY Cc�R�iISSION MEETIl�IG, FF.BFdIARY 23, 1988 CAIZ TO OF�ER: Vice-Chairpersoaz Hughes called the Februazy 23, 1988, CATV Advisory Conmission meeting to order at 4:36 p.m. RDLL CALL: Members Present: Ralph Stouffer (arrived 4:45 p.m.), Barbara Hughes, Ed Kaspszak, Duane Peterson t�esnbers Absent: Burt Weaver Others Present: Clyde Nbravetz, City of Fridley Gary Matz, Herbst, Thue & Matz, Lt�d. BiLl Hunt, Assistant to the City P'Ianager Rc�n Abratcs, Nortel Cable Keith Cripps, Nortel Cable Mark Hanmerstrodn, Nortel Cable Bruce Thcrrpsan, Nortel Cable APPF20VAL OF JANUARY 21, 1988, CATV ADVISORY COt'AIISSION MINUTES; DiO�rION by Mr. Petersoa�, secon3ed by rir. Kaspszak, to approve the January 21, 1988, CATV P,dvisory Conmission minutes with the follvwing amendr�ent: On page 3, second sentence, first paragraph, change "P�Sedian° to "P�9edia" • UPON A WICE VOTE, ALL VOTIlIG AYE, VICE-Ci�1IRPERSON HUGI�S DDC7�IRID Ti� r10TION CARRIID IJI�.NIl��K7USLY . APPROVAL OF AGII�IDA: rir. Moravetz stated that under Item 3, the Conmission mPlnbers should receive Correspondences dated Feb. 3, 1988, Feb. 9, 1988, Feb. 11, 1988, and Feb. 15, 1988. DiOTION by Mr. Kaspszak, seconded by Mr. Peterson, to approve the agenda as ar.�ended. tJPOPI A VOICE VOTE, AI�L VOTING AYE, VICE—CI�,IRPERSON HUGHES DF7CI�ARFD THE NK7TIOtJ CAPIZIID UNANIlNCxJSLY. 1. RDCEIVE OPERATIONS UPDATE REPORT F�taM NORTFF�,: Mr. Haimierstrccn stated the subscribers in FYidley were staying pretty steady, at least the last mcnth. �ey gained 6 basic subscribers for a total of 4,350 basic and about 6 pay subscribers for a total of 3,710 pay. He stated this was in part thanks to the I�O prom�tion that ended on Feb. 19. Zhey are going right int�o anather prom�ti� featuring Shvwtime-�-a six mcnth subscriptioau t�o Premier Magazine, and free installatiori of Sho�atime thrauc� the m�nth of Mardz . 7A CATV ADVISOF� 0.�SSICN NEETING, F�Ri� 23, 1988 PAC£ 2 Mr. Ha�nerstran stated April was Natirnal Cable Nbnth. 4hey anticipated . doing a previaa on the local origination cx�el of a variety of different programming of basic senrives. 2. RECEIVE FOLA�PH QL]ARTER 1987 FftANC�iISE FEE WI�I REIA'IED N'IATERIAIS: ND'I'ICN by Mr. Kaspszak, secanded by Mr. Peterson, to reveive the Fburth Quarter 1987 FYandzise F�e and r�elated materials. c�oN A wzc� w�rE, � wTTr�c �, vicE a���soiv xua�s nECr�D � NDTICN CARFtIED tN1�N7MC)L�LY. 3. FiJKIHER REVI�1 OF CABLE �I�TISION Ff2ANQiISE ORDINANCE: a. Reoeive Correspondenoes Nr1�I0N by Mr. Kaspszak, seoonded by Mr. Peterson, to reoeive the fol lowing oorrespcndenaes : 1. Feb. 3, 1988, letter setting forth those oc�ments raised by the �mmission at their Feb. 2, 1988, meeting. 2. Feb. 11, 1988, letter reflecting the results of vertain discussions of a meeti.ng with I�brtel on F�eb. 5, 1988. 3. Feb. 9, 19 88, letter fran i�n Abrans setting forth suggested language to resolve the so-called HRA issue, the addressable oc�nverter issue, and the definition of a oc��laint. 4. Feb. 15, 1988, letter from Rr.x� Abrams setting forth certain oanrents regarding the annual subscriber stuvey and the prvposed audio standards. L�ON A WIC� VOTE, ALL VU'1'ING AYE, VI(E-CHAIRPIIZSON HLIC�IES DEC�ARED �iE NL7�ION CARRIED LNANINDtSLY . b. Discussion of Draft Ordinance dated FPb. 15, 1988, Incorporating Cc�anission Re�ndaticns of the January 21, 1988, Meeting �e Oamtissirners agreed to go thrcxigh the Draft Cable Television . F�anchise Oniinance secti� by section, making revam�endations for changes as they went thlvugh the dac�m�erit. Mr. Matz stated that if the Q�x�any had any oanme.nts an any section, they should make those oa�snents lmc�m at this time. SECTICN 3. L�'Il�I22'ICN.S Section 3.06 C,a�laint Mr. Matz asked Nortel to e�lain their abjection to the arigirsal language far the definiti� of a"ocmplaint". N�. Abrans stated that basically the telephone calls Nortel receives fall into two ir�quiries: (1) cal]s relating to servioe; and (2) general ca1Ls of inquiry. u � Q�TV ADVISOl� OJI�SSICN NF.E�ING, �£BRLF�I� 23, 1988 PAC� 3 Mr. Abra� stated that regarding the calls relating to serviae, Nortel retains a reoord of reports of all outages as well as all calls requiring a servioe call. L1n a monthly basis, Nortel provides the City with an vutage report as well as a su�ry of the service caJ1s by classification. He stated that for reasons of privacy, they do nAt make those avail,able generally � an individually identifiable basis. Mr. Abrams stated that as to the caZls of inquizy, if the caller abjects to a business or progra¢nming practioe, those calls are logged and the individual is told at the time that the call will be logged. What they have folmd vague and difficult to inplement was the requir�ent that a oamplaint includ�e any subsequent investigati� or research to be logged, because at times there will be a teleph�e call and the person who �uld answer that call vould be on another call or othezwise occupied and if the person caZled bark under that definitiai, that w�ould be subsequent investi- gation. 4dzat Nortel has suggested is that they vontinue their current practioe of retaining a listing of all outages, a listing of all service calls, and a log of progr�ming and business practiae objecticns. Mr. Abra� stated the definitiori of "oon�lairit" in the Draft Ordinance was acoeptable to Nortel. Mr. Matz stated he did think the language set forth in the Draft Ordinanve wv�ered the City's oonoerns. Vdzat they are cbing is defining a ocmplaint as either a call that results in a servive call or raises an objection tA progranming or business practic�es of the �any. Zhe Ca�any had a good point i.n that if the person who reoeives the phone call cannat answer it and has to refer the call to someoaie else, that o�uld �nstitute a oonplaint. He did not think that happened very often, but the possibility did exist, and he felt the bases were oovered with this language. (Mr. Stouffer arrived at 4:45 p.m. He stated he woould like it r�ted in the reaord that the meeting was sdzeduled for 5:00 p.m., and he had not been notified that the meeting was going to start earlier. ) SECTIQ�i 4. GRANT QE' AUIIiORITY AND GE?�1EE�L PRfJVISIQJS Secticn 4.0 .0 Authority for Use of Streets Mr. Matz stated this was the language which requires pec��le to be notified in advanc�e and in writir�g if there is to be any �dergrourr3 w�ork. Zhe Ccnmission had suggested seven (7) days prior to �renoement of the work. In discussing this with the �r�any, it was the Oompany's feeling that based ori their experienves in Bloomirigton, that 48 hours was more effec- tive. Seven days was too far out and peon]�e usually forgot. �at was why �e referenoe to 48 hours, rather than 7 days. Haaever, if the �arta�ussion felt seven days was m�re aq�prapriate, he believed the Co�ariy would vca�ly. Mr. Nbrav�etz stated he believed t-he discussion was within seven days prior to a�nmenoenent of the wnrk. He s�a no prabl� with the 48 hour ture period. He also felt the shorter t�me notive was better. , 7C CATV ADVISOF� OJM�SSICN NEETING, F�Ri� 23, 1988 PAC£ 4 SECTICN 7. O1�TSTRLTGTICN PRUVISICJ1�iS Section 7. 08 Ifidergro� ' ng o C�ble �e w�rd "on" should be dzanged to "for" in 3rd line fran bottan of paragraph. SECTION 9. (�I1S[JNER PROZ£C'I'ION PROVISIO�S Section 9.06.A Subscriber Billing Practioes Mr. Matz stated that in the first and sewnd lines of this paragraph, ti�ere was referenoe to the word "agreement". In both instanoes, the word "agreentient" shc�uld be dlanged to "infoxmation" . Section 9.08.A Annual Subscriber Survey �e section was a�ended as follvws: "Qam�encing in 1989, the Grantee shall, no earlier than ninety (90) days prior to submitting the Annual R�ort required pursuant to Qzapter 8.03, o�nduct a written survey of FYidley subscribers in a form and m�-�nner approved by the City. Each questionnaire sha1Z be prepared and c�ducted in good faith so as to pravicle reasonably reliable measures of FYidley subscriber satisfactian with...." SECTION 10. C�IERAL FINANCIAL AND II�URI�IVC� PROVISIONS ** Mr. Abrams stated he wanted the Cannission to knvw that Nortel would probably discuss the level of penalties with the Citv �uncil. SECITCN 12. RENDVAL, TR�TSFER AND PURQ�SE Section 12.04 Purchase by Gity Upon Expiration or Rewcation Mr. Matz stated it has been suggested that the City have the option to buy the franchise �on rewcation at book value. Lhder F�ederal Iaw, it states that the City may buy the system at the time of revocation �on payment of an equitable price. In discussing this with the OcRqx�ny, it was not acceptable for then to say book value because, in essenoe, they were waiving oertain rights they have umder F�ederal Law, so they si�ly put in "equitable price". 1�. Kaspszak asked where it was written that the City had to neoessarily oonfoxm to �deral L�a. 1�. Matz stated the issve fran the Carg�arry's Standpoint was if they agree to book value, they are, in essenve, waiving the right they have tuxier Federal Iaw. The book value rray be less than the equi.table priae. As he understood the argument, tmder F�deral L�v, the principle is equitable priae. 4�►y should the City agree to anything less than �+,;table prioe? 14h�. Kaspszak stated he wnuld like to see than leave "book value" in and then hav�e the Conpany argue the point with the City �Lmcil. Mr. Abr�ns stated they w�uld argue with the Fec�eral Judge before they would argue with the City �uncil. He stated they have ric�ts under Federal Law. By putting in book value, the City was creating a financial inoentive tn ** CAUncil M�nbers - please note. 7D C�'V ADVISORY Q1NA'aSSIQV METING, FEBRI�RY 23, 1988 PAC� 5 rewke the franchise. D�e purpose behind the Cable Qatmtmications Policy Act was to establish Lmiformity and relations between cable cn�panies and m�uiici- paLities. �,; table prioe was what Oc�gress dee,med its power to preenpt w�der the OQmierae C1aLSe to be apprapriate, and that is only what the O�any will acaept. Zhey will acoept what their rights are—r�othing less ryor were they asking for anything more. Mr. NL�tz stated the reason O�ngress said equitable prioe was to allow parties at the time of rewcation to determine just how bad the cable operator has been. 'Ilze I�gislative Districts suggest that if the abuses or the franc�ise violatians are extremely serious, then equitable price was gc�ing to be a very lak priae opposed t,o the violations that are not as significant. It o�uld well be that equitable price will be boc�k value. M7I'ICN by Mr. Kaspszak to reoQrmend that "equitable prioe" be changed to b o value". NDTICN DIED FOR LAQC OF A SEO�1D. NiS. Huc�es stated that as she thought of the definitions of both equitable price and book value, it would seeqn to her that equitable prioe would have m�re leeway than book value, bodc value being a very specific n�iber. So, even if the City �uld get the C�npany to agree to sell at book value plus $5, they oould not cb it because the ordinance w�ould require book value. Zl�ey would end up in a a�urt situation; whereas if they had equitable price, which was book value plus $5, they o�uld agree tA that and not end up in oourt. SDCTION 15. EF'��CTIVE DATE; PL�LICATION; AND TINE OF A�TANC� Mr. HLmt asked when the frandzise w�ul�d take effect. Mr. Matz stated it wauld take effect upon acoeptanve by the �any, 30 days fro�n the acbption of the ordinanoe. Mr. Hwzt asked what hap�ened tro the franchise fee betw�een Dec. 23, 1987, when the frandlise expired and the beginning of the new franchise. Mr. Abra� stated that if ev�ezything goes as it appears to be going, the franchise fee will not be an issue, and that by April 15, they will have a new acoepted franchise, and the City will have a frandzise check, 5$ of the gross revpnues fmm Jan. 1 to April l, 1988. 1�. Hunt stated that in the renewal last time, even though the d�oaunentation was not ooa�pleted and prooe.ssed imtil some time in January, the franchise was renew�ed Dec. 23, so it expired again in Dea��er, rather than January. So, in effect, last time they had a retroactiv�e beginning date. The only reasan one would press for that would be if there was so�ne questian about the frandlise fee. 1�. Stouffer asked if it was in the City's best interest to make the franchise �troactive badc to the anniversary date. 7E c�TV ADVISORY 0.'Y�SSICN NEETING, FEBRt�RY 23, 1988 PAC£ 6 Mr. Matz stated he really felt it was a moot issue. He thought the whole issue was the payment of the fran�ise fee, and he thought Nortel would be very ill advised not to pay the franchise fee. E}�iIBIT A- DESCRIPTION OF SYS�T'I LTPQ� Irr. Hatrarerstran stated E�.ibit A was essentially alright with Nortel, with the exoeptiai of Ite m A.6 . He referred to his letter of January 15 to Mr. Moravetz which the Coc�m.issian received at the last Coinnissian meeting in which he discussed at some length the inpact that addressability has on custcc�ers' equip�ient and the requirement for Nort�el to provide an addressable wnverter for those cust�ners who require on�e. In that proposal, i�e had suggest�ed the language be worded to the effect that Nortel would provide an addressable converter to each premi� service subscriber requiring a conv�erter for a variety of reascv�s . Mr. Hanic�erstran stated that, in s�y, they have learned a lot in Bloomington, and they are reaZly trying to bring this e�ertise to Fridley. It was not their intention to bring in something that will not benefit their custcx;iers, and it was their feeling that an addressable converter in all custoaners' homes clearly was a disadvantage to their customers. The wozrling as it was now, "providing to each subscriber requiring a o�nverter a one-way addressable con- verter" was still a hardship on the custamers in a�uple of ways: (1) The basio-only customer, who presently has a converter (a Hamline Slid�e Copy), is used to t�at eQuil.�nent, and this is the type of equipment they would put in that custarer's home. They have found that sare customers just do not like change. (2) Most i�ortantly, by their calculations today, by requiring Nortel to put a converter into each house requiring a oonverter, it would add an additional $100 of expenditures which will be passed on t�o the customers. Mr. Fiamrerstran stated the alternative proposal was to leave the oonver'ters in the basi�only custamers' homes. Nortel will provide oonverters for custoners who want them for pay-per-view and they will provide converters for customers who get pay servives. There was no particular magic in this box, other than it will allow customers to receive pay services. r1r. Iia��erstrom stated, again, Nortel wanted the Cot�ssian to be aware that there was going to be an additional $100 expenditure to put �nverters into hcmes that basically do n�t need these converters. Their suggestion was to insert "premitun sezvice" before "subscriber" in Item A.6. Mr. Matz stated at the t.ime the City approved the chanqe in vwnership with IQQt, an agreement was arrived at in certain minircaans at the time of the frarr chise renewal. One was that the Ca�pany would provide an addressable converter to each subscriber. They oould c�ertainly change that agreement. Ms. Hughes stated the real question was: Was there anY reason they needed any protectioais at all? Mr. Stouffer also questioned if they even needed Item A.6 in Exhibit A at all. 7F c�,TV �sc�Y ca�usszorl r�ernJC, F�� 23, 1988 p� � rir. t9atz stated the Ca�ussiori oould oertainly take the approach that whether the system was addressable or not was a business decisian the CaYpany has t.o make in an area the City does not care about. Mr. Kaspszak stated they have to remembe.r they have a 15 year franchise, and 15 years was a long time. Vd�o knew what was going to hap�pen 10 years fran naa in tern�s of addressability, and who knew where pay-per-view was goin9 to go. He thought they have been asked many times why certain programni-ng was not available, and the fact it was pay-per-view did not have anything to do with whether or not a person subscri.bes to the pay channels. It was an option. Ms. Hughes asked why the City should have arn interest in addressability. Mr. Kaspszak referred to page 7, tlze apening paragraph, "The Preamble, Stat.ement of Intent and P�zpose" whidz stated: "The enhanoPment of comrnu►i- cations within the City. The enhanceqnent of catmur►icatian opportt�ities out- side the City." Mr. Hanmerstram stated the point was w�ell taken as far as haa does this impact the Ccnmission. He stat.ed addressability, far all intents and purposes, was a security system. It did not necessarily allaw them to bring any additional services per se. It was not a way of expancling the servioes, but it was a way through c�atputers of providing a secure system for cable TV. V�en the agree- ment was made to provide addressable conv�erters to every household in Fridley, at that time it was presL�ned the Company was going t�o scramble everying on the basic system, and no ane would get cable servioe free. But, times have changed. The largest cable oa�pany in the United States, ZCI, was going away fran addressability. That was a good example of what Mr. Kaspszak was saying-- that times are changi.ng. Addressability really is not the issue here as much as it was customer �anvenienoe. Ten years from naw, they mic�t find technology available that provides pay-per-view without addressability converters. At this juncture, for thesn to inpose a oonverter an all customers was not a necessity, but an inconvenience, and the Ccamission should be aware that was a decision the Conmission was making if they insisted on this language. Mr. Abrams stated he would suggest that the issue Mr.Nbravetz had raised in their meetings was for the basic orily subscri.ber not to have to buy throuc� a pay servi.ae in order to get the pay-per-view. He would suggest that language be inserted in Sectio�'i 6.02 whic� deals with pay television:to make that sinple clarificatian. As to making the PaY'P�`�� PrO��n9 ava�.l- able to basic only subscri.bers, he would suggest the Conpany r�port on its policy in regard to that in its annual report and its operatia�s rep�rt that the Catpany receives on April 1 and October 1 each year. As to Exhibit A, he would reco�nd that in A.6, the words, ��and providing to each subscri.ber requiring a converter a one-way addressable converter" be deleted. Mr. Kaspszak stated ar�other prnbl�n he had with the 15 year franchise was that the City should be requiring the CompanY tA Provide free basic servioe for billing purposes, whidz is going to ca��e about befare 15 years are up• This would be a free servioe, not necessarily ir�orporated with buYiTig �e basic televisioai sezvioe. 7G CATV ADVTSORY CCM�IISSION MEE.TING, F�P,RY 23, 1988 PAGE 8 Ms. Hughes stated she wanted to maintain in the Ordinanoe what was outlined in the Pr+eambl�-to have a system that i�rc�ves �munication in the co�nminity. Zhat is the reason they need to maintain access channels, etc., and they have to put in enouc� protections that they preserve their o�tions-- s��ething they have not be�� doing in the past. Mr. Abrams stated the follawing language should be insertsd in Section 6.02: "A subscri.ber does not have bo subscribe to a manthly pay television servioe to reoeive PaY Per view progra�ung. �� EXHIBIT B- TDCHI�TICAL S�1�IDA�S F�R SUBSCRiSER AND INSTI'IUTIONAL NEI'WURK Mr. Tho�npson stated there has been a new tec.hrLical standard inserted for audio signal level. He tried ta cantact Bust Weaver but was unable to reach him. Dsr. Weav�er had proPosed this star�dard, and he wanted to find out fran Mr. Weaver where it came fran and hvw P4r. Weaver praposed Nortel to read this type of level. Mr. Thc�san stated he had dar�e some calling and had not come up with much informatian. He had oontacted their Production Department to find out exactly what the "vu" meters they were currently using would actually read. He had found out that the average level the w meter will read would be frozn a -20 to a 0 vu reading. The actual vu meters th�ey have go above that fro�► 0 to +3 vu's. The 0 to +3 vu's w�uld put them intA a red line zone, actually making the audio too loud if broadcast over the cable television system. Mr. Tho�son stated Mr.Weaver had written down that: "The audio signal level on each channel shall be maintained at 4t.lvu. " Mr. Thanpson stated he had no way to actually perforr.� that, and he had never heard of a standard as high as that or actually putting a standard such as a vu level on signal levels in the cable system. Mr. Thcnpson stated one thing they are currently using and have just started inplementing was a pieae of gear they rec�.ntly purchased from a manufacturer called FM Syste�. It takes peak voltune rnadings off each channel that are held that they can record, so they can reference channels as to lowdness and take an av�erage of all those levels and set each satellite servioe up to that service level. Mr. Tha�san stated, again, without Mr.Weaver at the meeting tA e�lain exactly the vu level, this was the only other way he could change the language and go fro�n vu's to possi.bly e�ress awdio signal levels i.n an average dB level. r'!r. Stouffer stated the intent of putting in an audio signal level was to help end the fluctuating audio that peanle hav�'- been ca�lain�.ng ab°ut. Mr. Kaspszak stated that, in blr. Weaves''s absenoe, he �rould suggest that Mr. Weav�er, Mr. rbravetz, and Mr. Thatps� meet to w�ork this out. rir. Cripps stated the piece of equipment Mr• Thatpson had referred to was veYy new on the market, and was the first piece of equipment theY have came - across that will actually do the job for them. It see�red fa.irly effective. He was quite sure Mr. Weaver had nQt seen this piece of equw.g:ient, and he felt Mr. Weav�er would agree that what the Cacpany was doing with this piece 7H cp.�v �vzsoRY cor�issia�r r�ernvc, � 23, �9ss P� 9 of equigre�zt would be adequate to put the Coctmission me�ers at ease with this situatian. There was oertainly no question that there has been sacne problem with fluctuating audio. Mr. Stouffer stated he would agree with rir. Kaspszak's suqgestion that Mr. Weaver and Mr. Moravetz meet with the appropriate peonle fran Nortel and odme up with language that will take care of the intent. F�{HIBIT C- AOCESS CHAtA1EG CARRIAC� RDQiJL�II+'IENTS Mr. Abranu stated as he understood it, Nortel will prabably not do the channel realiyrunent until near catpletion of the system �grade. So, instead of 90 days, it will be "prior to coc��letion of the �grade" or some similar lanquage. Mr. Abranu stated that regarding the channel locations, Public Acoess would be Channel 33, Educational Access would be Channel 32, Governn�ent Access would be Channel 31, and Librazy Access would be Chanriel 34. b. Make Recanren�clation to City Cotuicil on Draft Ordinanoe Mr. Stouffer stated he would like to thank Mr. Kaspszak, Mr. Petersan, and Mr. Moravetz for all their work and Nortel far worlcing hard on all these negotiations . MC7rI0N by Mr. Peterson, seoonded by Ms. Hughes, that the CATV Advisory Cortmission forward to the City Council the amended Draft Cable Television Franchise Ordinanoe for the City Council's consi.derati�, with the under- standing that the Canr.iission believed this Draft Ordinance was basically the best agre�srent the Ca�ussiori oould recc�cmend. UPON A VOICE VO`I�, STOUFFEFt, HUGF�S, PE�ERSON VO�TING AYE, KASPSZAK AB.STAINING, CHAIRPERSON STOUF'F'ER DD�tID Tf� Mi0►TION CARRIID. Mr. Abra� stated it was cert.ainly in everyone's best interest to get this ordinanoe appraived as quickly as possible. AI)JC�:�E2I�P'lEN'T : M(7rION by Mr. Kaspszak, seconded by Mr. Peterson, to adjourn the meeting. Upan a voice wte, all voting aye, Chairpers� Stouffer declared the Feb. 23, 1988, CATV Advisory Catmissian meeting adjourned at 6:25 p.m. Respectfully s 'tted, t , x� L Saba Recording Secretary �► . PLANNING DIVISION � MEMORANDUM c�nroF FRlDLEY IrE1�D �: Jock Robertson, Cbmninity Develo�ment Director Nasim Qureshi, City Manager P�M� FROM: Jim Robinson, Planning Coordinator� A'�M� DP,TE: April 6, 1988 RDGARDING: Reallocatirn of Co�un�nity Devel�nent Block Grant F1mds At this tune we have two prcyposals which would involve the reallocation of the renaining Coimi�ity Developnent Block Grant (CDBG) func3s desic�ated f or Catanercial Rehab. Recall that m March 28, 1988 the City Co�cil reallocated 58,181. of the 1987 Commer ci al Rehab. f unds, 1 eav ing a bal ance of S?A,544. In addition to this money, City Council allocated 56,302 of the 2988 �BG f�ds for oa�nerciat r�ab. �e total fund balanoe for commercial rehab. f� 1987-1988 is S 30, 846. ._ - :.. - ;- . .� The North Suburban Center fo� the Arts (IZSC�) is now requesting additional fulding for the Loake House Restoration project. The City's 1986 and 1987 C�BG oontributions to this effort total 523, 000. NSCA's commitment to the lease agreement with Anoka Co�nty is for 555, 000 cf wntributions. Mr. Harry Rosenbaun, member of the Board of Directors and Chairperson of the Fund Raising Conmittee for NSC�1, has pregared the attached prop�sal which asks the Couzcil to prwide an additional 516,270 c� f�nding to oo�nplete the interior restoratian of the first floor this su�mer. Work on the second floor would be acxomplished in a later phase. The program activities for the Center should hegin arand Labor Day. : - . ;. - .��� On Marc3� 28, 1988, we informed the Council that additional fundings would be required in order to clear and re�urbish the Findell house. (This p�operty is the brick and stone building which is considered to have signif i�ant architectural and historic character. ) Our proposal, which has been approved by the Parks and Recreation and Planning Co�ranissions, involves clearing the garage, cleaning the site and rec3esig�ing the principal structure as an open air park shelter. Work allawed �der the CDBG criteria would be the clearing of the garage and disnantl ing of the house. At this time, we have received estimates for this work which involve apqroximately S4, 000. Additional estimates are being sought for dismantling the building itself. I would reoostmend that the resnaining f�ncls in the aomnercial rehab. pool (S 14, 576 if the Co�.mcil allocates the 516,270 to the Locke House as proposed) be allocated to the Riverview Heights project for restoration and future aoquisitic� efforts. In order to reallocate these f�ncis, it will be r�eoessary for the Council to hold a public hearing. It would be desirable for Council to set a public hearing on April 18, I988 for their May 16, 1988 (b�ncil meeting. JI�R/c�n � M-88-76 � . , North Su rk�n ter for Q rts Apache Plaza, 37th & Silver Lake Road, St. Anthony, Minnesota 55421 612-781-7381 April 8, 1988 Jim• Robinson Plann►ing Co-ordinator City of Fridley 6431 University Avenue, NE Fridlev, MN 55432 Dear Jim: As you know, the North Suburban Center for the Arts, together with Anoka County, has been involved in the restoration of the Banfill TaYernlLocke House in Fridley. LVe are haopy to report that the restoration has been nrogressing and that if all goes well we should be oAening at least nart of our Art Center in the Banfill/ Locke House by Labor Day of this year. -`. The Countv has all but comnleted the work on the exterior of the house and the architect, Foster Dunwuddie, has let out bids for oartial rehabilitation of the interior and hooes to have that part underway by the first part of May. Fortunately our agreement with the County allows us to proceed with the interior at a �ace we can manage. I ar.i enclosing two cost estimates we received from the architect: Alfiernate No. I and A1- ternate No. 2. Realistically the NSCA Board felt that Alternate Vo. 2 would be the one we could manage at the moment, leaving the rest of the work, as outlined in Alternate I for a later date. Please note that in Alternate 2 the cost of paint, carpet and par- titions must be added to the construction cost total, bringing the grand total to $39,270. Our current finances fall short of this total. [ae are still in need of an estimated $16,270 to purchase the oaint, carpets, partitions and �ay for part of the construct- ion cost. It would be our hope that the City of Fridley, (and we are very much aware and do appreciate your generosity toward this nroject in the *�ast) would helti us with a financial contribution that would allow at least the completion of Alternate 2 by the fall of 1988. Ideally of course we would choose Alternate I. . -2- We know the City shares with us the pride we have in this historic Fridley building. And we also share with the City a resolve to complete this project so that all citizens of the City of Fridley will be able to use this beautiful and appropriate home for the enrichment of their lives. Sincerely, �' G 1 Harry K. Rosenbaum Member, Executive Committee Board of Directors, NSCA Chair, Fund Raising Committee BANFILL TAVERN INTERIOR REHABILITATION 6666 EAST RIVER ROAD FRIDLEY, MINNESOTA COST EBTIMATE January 29, 1988 MD87063 NORTS 80BORB7�1 CENTER FOR TS� lUtTB -!►LTSRNAT$ I�10 1 INCLIIDEB THg FOLL011INa 110R1C ON 1rIR8T AND BECOND FLOORB Remove all plaster and lath from walls and ceilinqs. • -• Insulate crawl space, walls and attic. New furring around chimneys and ductwork. New construction and door in toilet for handicapped access. New gypsum board on walls and ceilings. New free-standinq partitions on first floor. New base board, door and window trim. New door hardware for exterior doors. Paint all walls, doors and trim. Repair floor access door. New sheet vinyl in toilet and carpet in remaininq rooms. FIRST FLOOR Demolition of First Floor New Construction First Floor FIRST FLOOR TOTAL • � ••• Demolition of Second Floor New Construction Second Floor SECOND FLOOR TOTAL $ 6,200.00 28,300.00 $ 4,700.00 18.000.00 $ 34,500.00 � 22.700.00 Ai.TFR�ATE NO. 1 CONSTRUCTION COSTS S 57,200.00 TOTAL A/E FEES CONTINGENCY (10�) 6,860.00 5.720.00 $ 69,780.00 : BANFILL TAVERN INTERIOR REHABILITATION 6666 EAST RIVER ROAD FRIDLEY, I+IINNESOTA COST ESTIMATE January 29, 1988 MD87063 NORTH SUBURHl�N CENTER FOR THS �1RT8 - ALTSRNl�TS NO 2 INCLIID88 THE lrOLLOIiIZNa 1fOR1C ON FIRBT FI,ODR ONLY Remove all plaster and lath from walls and ceilings. Insulate crawl space and walls, including stairways. New furring around chimneys and ductwork. New construction and door iri toilet for handicapped access. New gypsum board on walls and ceilinqs. New base board, door and window trim, exclude closets. New door hardware for exterior doors. Repair floor access door. New sheet vinyl in toilet, existing floor in remaining rooms FIRST FLOOR Demolition of First Floor $ 6,200.00 New Construction First Floor 18,000.00 A7.TF.RNATF NO. 2 CONSTRUCTION COST S 24.200.00 A/E FEES 2,900.00 CONTINGENCY (10�) 2,420.00 TOTAL $ 29�520.00 . Assumes tenant would do all painting, provide floor finish in all rooms except toilet and would construct and install all freestandinq partitions. Stairways to second floor would have to be block-off to prevent loss of air. Paint $ 4,250.00 Carpet 3,500.00 Partitions 2,000.00 Alt. 2 C�str. Cost 29,520.00 TpTp,L $39 , 27Q .00 � : � RB.SO�.IITION N0. - 1987 A BESOLII?IOA A0180RIZIHG A1ID DIRBCTIIiG T6$ SPLITTIHG OF SPSCIAI. ASSESS�l�NTS OP: AIIDITOR� S SIIBDIVISIOB #88, LOTS 1 A1D 2, PIi N0. 13-30-24-31-0001 A1TD AODITOx'S SIIBDIYI3IOH #88, LOT 3, PDr N0. 13-30-2�-31-0002 WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the follawing described parcel, to-wit: Lots 1 and 2, and Lot 3, Auditors Sub #88, may and shall be apportioned and divided and replatted as follows: � � � , f���� Auditors Sub �88 Lots 1 and 2 Pin No.13-30-24-31-0001 ?uditors Sub �88 Lot 3 Pin No.13-30-2�+-31-0002 �;��� Auditors Sub�88 Lots 1& 2 tog/w Sly 399 of Lot 3 Pin No.13-30-2�-31-0079 Auditors Sub#88 Lot 3 Ex the Sly 399 ft Pin No.13-30-2�-31-0080 i , .•l Reg SA(WSM,WSL) WS�26 ST 1962-1 1964 Serv Conn(WL) SW&SS�58(1W Ser. &SL) ST 1968-3iWalk�Curb) SS#132(SS) Reg SA(WSM,W�L) sw�48(sa�) ST 1968-3(Walk&Curb) ST 1977-1(ST) SS�132(ss) REG SA (WSM,WSL) ft ST 1968-3(�j�1k&Curb) ST 1977-1(ST) SS�132(SS) WS�26 ( SL ) ST 1962-1(ST&Corner) 196� Serv Conn(WL) SW&SS�58(1W Ser. &SL) Reg SA(WSM) SW��48( SL) SS�132(SS) �� _ �- - �.. � Paid Paid Paid Faid Paid Paid $4,078.01 Paid Paid Paid Paid ,��I ,�Q78. 01 $8,156.02 Paid Paid Paid $6,647.16 Paid Paid Paid Pai d Paid Paid ,�1 �08.86 $8,156.02 PASSID ABD ADOPTSD BY THS CITZ COIINCIL OF THg CITY OF FBIDLBT THIS D�Y OF , 1988 ATTEST: SHIHLS? A. HA�PIlLA - CI1T CI.SRE 3/0l1811 YILLIelI J. 1�5E - MAYOS 0 9A CITY OF FRIDLEY MEMO T0: NASIM M. �URESHI, CITY MANAGER, AND CITY COUNCIL FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTIONS SPLiTTING AND COr18INING SPECIAL ASSESSMENTS FOR THE APRIL 18, 1988 AGEPIDA DATE: APRIL 6, 1988 We are presenting the attached resolutions to the Council to comply with the legal requirements regarding the splitting of special assessments on these properties. These divisions and replatting have been recorded at Anoka County. RP/ms , . !� ' �' ; � . r � � ' ' ' " r - . �' , ; `� .� ♦. . � , , � �i. ,��� . - ,�' .. . � � , . ': . ; -' . . �{ . .� • - - � � • , .t— � t . : � �' . !' •. , . �- _ C/TY O� FR/OL EY . � . ,, � 14 , � -- ;� . � 3 � ., _I I J �"cTi .o f�� -sae ;�E _ _ ..� f � - . . 7�.r�..�. II9z � .r --• ��• n — '� . W) 1��� `� /o° ioo ioo ��• ' . �� � �dJ (1�) SO ao loft7 /If i�f r�� r�, C�� �,� �,, �,s�; �,.Z�o> , i �4zs� r� ,r:� • � s�r �.,� � i/t I r siii � I a Z � .3 0 _ . � ' �F/ 1 �h , � � �6 � �� v �_ ��7 ��J`� � \ )IVi�ION r � ��fo, '�ir �� Es.n.� '�M�� P.4tk � • �� Q s o i y� �No �irr� L ,��G1 u 4//ii/A ,e�.ran � �s `d' �1 Q iesl� ,��' O � �3 � •J � RE2�� � o 3 �l � l�fE¢ �� = 5� A o w s ll�dN � � , �'� � � �, . ,� e ll• � �-: / '� ',� ..�- �,p,. ----r------ ,: ,,., 4 ~ :II) •^ �rs. . avE RESOLUTION NO. RESOLUTION CONSENTING TO AMENDMENT OF LOAN AGREEMENT RELATING TO INDUSTRIAL DEVELOPMENT OF REVENUE BONDS FOR FARMERS UNION GRAIN TERMINAL ASSOCIATION IT IS HEREBY RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: 1. Recitals. (a) Pursuant to a certain Loan Agreement, dated as of October 1, 1980 (the "Loan Agreement"), the City issued its $6,000,000 Industrial Development Revenue Bonds (Farmers Union Grain Terminal Association Project), Series 1980 (the "Bonds"). (b) Representatives of General Mills, Inc., have represented that pursuant to a certain Agreement of Assignment and Assumption of Obligations, dated as of December 15, 1987, by and between General Mills and Harvest States Cooperatives (formerly Farmers Union Grain Terminal Association), General Mills has assumed the obligations under the Loan Agreement of the Company, as therein defined. (c) General Mills has also requested that the City request to a certain Amendment to the Loan Agreement substantially in the form attached to this Resolution (the "Amendment"}. (d) First Trust National Association, St. Paul, Minnesota, is currently acting as Trustee under that certain Indenture of Trust, dated as of October l, 1980, entered into in connection with the issuance of the Bonds. 2. Approval of Amendment. The City hereby consents to the Amendment and authorizes the officers of the City to execute the same on behalf of the City, provided that the Amendment shall have first been executed by the Trustee and General Mills, and provided further that the Trustee shall have first indicated in writing to the City that all requisite consents of holders or owners of the Bonds shall have been obtained by the Trustee pursuant to the applicable terms of the above-mentioned Indenture. Adopted this day of the Fridley City Council. , 1988, by 10 10A TO: NASIM QURESHI, CITY MANAGER FTtOM: RICHARD D. PRIBYL, DIRECT'OR OF FINANC� - � � - � � - �.. s r • • �a� � i • � • a- a�a� ia� •�; a�-� � - ia�•� 1 r • • _i �+•� n • • •, � �a� • a�- � a� �• • i DATE: APRIL 13, 1988 ATTAf�� YOU WILL FIND A LE'PTER FR�M J1�MES 0' I�'.ARA CONCIIt�iING AN AbID�TDI�i'P TO THE IAAN AGREF��IDV'P OTi 'Ii� IDB F�tOM FARMER.S UNICJri GRAIN TERIyIINAL ASSICIATIO�T THAT WAS TAI�N OVIIt BY GENERAL MIISS. GFNEE2AL MILIS HAS REQUESTID CERTATN CHANGES TO THE INITIAL LOAN AGREaIDVT THAT JIM HAS REVIE'WED AND AGREF�D WITH BASID O�T CERTAIN PREC(k1DITI0ldS . A RESOLUTICJ�T IS ATTACF�D, IF APPROVED IT WOUl�D ALIAiW FC)R Ti� M�DIFICATIOIdS TO THE AGREENIDVT IF THE PR�ITIONS ARE MfsT. bfertszw J. Lsvrrr Coi.e Oea�.ea Rosaar M.Bowas Roeear 0. Saeaa Buer E. Swsxsox Df.J. Gei.vuv, Je. Dsvm C.Foesaeao JOHN �I-:�SG�`iEER McFen V. Sexxoce,Je. JaeaY F. RorMex �IEEENCE i`i. DOYLE Aicasan H. I{fce Jo� 4 Dn�xar . Aoxei.n L. Soacvsox Parea A.Seen SexceL L. fi�vsox RoKer.n E.Oacasan Joax Txoxea srerasx wr.vrnca AVBON L.GOBOON Joflx R.Kexenca TaoMes A.Leasox Devin J. S2excea Devtat J. CoLe, •Je. Docot.es L. Ssos �`IICRAHL H.•JE@ON1ML'S R.Scurr Devizs J.PsTeics >icDev�rr Jo�+ H. Vsx ae �IOare, Je. RIC9d8D G. !�ABH ANDBEM C.$ELDEN Avnasw C,BecaaB JEITBEY J. KEYES Jexes E. VzssoN JEROME A.GEIS STEVE A.BBIND J06L H. GOTIES![AN Keanr L. W[•*: A�.srr H. MecLnr Janeax F. Sasw Merraew L.Lev[rr Devin G. Gazarruro Dev[n H. Serm Josera P. \oeca Casal.ss R HsYrroa Axnase M. Hoarv T�xorer P. Fi.sasaxx NsaTCV H. Fisa Roseax J. Peerre Joarr Bui.xsxs Jsxes G. RsT Ricasan H.!fearix Yaca: J. H.,,• yAFY L.IPPHL JAMES A.�'�OSE Rosrx L.Hs_vsex LAW OFFICES BI3IGGS AND MO�GAN PEOFESSIONAL ASSOCLATION 2200 FI$ST NATIONAL BANH BUILDING SAINT PAIIL, MINNESOTA 65101 TELEPSONE IA12) 291-1216 TELECOPIEE �6121 828-4071 INCLIIDING THE FOHMEB FI$.�i OF LEVITT, PALMEB, BOWEN, AOTMAN 8c SHABE Richard Pribyl Finance Director Fridley Civic Center 6431 University Avenue Fridley, Minnesota 55432 April 5, 1988 Roeexr E.Vioous N'u.�.ia�[ J. Josxts !feeosaer K Seveoa Joa� K. Eus.voeoe BBIA.Y G. Btl.ISL6 Toxv Srcxsaaoea �feaT E. Sce�rr.rsa �ficaee� H. Srarrrea JOH� H.LLYDSiBOM Rtca�en D. 3xnaHSOw SeuY �. Sc000Lv Devta C. NcDovsi.0 Becce W. Moorr �.vaeaw R.1"v�-rz[xoca Faeaesicc P. �xos'r Roasar L.Lea �.w Hcvreons Garoosr J. STe.rvoa Casxi.ts B. Rooews 7eser L.S�rs >teceeex E. Nsaa6x !tser �1. Dresara Psretcc ?t. Geesr Ti�arm E. N.aa Cxeer� A.Txoeus Kev�.v �. Beao MABH SCHHOCD£P �S. BEIOID NCDOYOCOA Re: Proposed Amendment to Loan Agreement Concerning $6,000,000 Industrial Development Revenue Bonds (Farmers Union Grain Terminal Association Project), Series 1980, of the City of Fridley Dear Rick: � : Micssac J. Ganves !�Seau.v ?i. Dcau.� CHB[S?OPH6E C. CI.C�'EL.YD Ve.vc7 D. �mvisoa MICHeLL J. �ICELIISTBLM Lcae.� �. F:raux P��z S.Jscoasex Cov.ssv �'. Saoar DLN� J. VA.YCE•BHY�.i `rrt T. Hcrras Svss.v B. Teova Tntorar J. iCae.vsx Roaser L. Sxeaor Ti1C8�8i THONAS �iILLCB Csatns R. Gseasspvu.w Aaisrnr S. Jia�.sr Ecan� L.Osrnr Rav:x J. ftr.riaae Rcra J. Ket�ux Vcicavt �.TaoN�Q �Hi .�. FBE!12 I:�cx J. Wa.r Devais L H��.t Aavaes �t.>fecaxaiaa Psreici T. Saeuv Disxc 8. I.irru OP COt"�i3EL J. \eu >tosrox Ricnean E. Kn.e Jo� �S. Pet_Kea SAMCEL H. MO@6AN Fae_YE \. Gsexsx �.Levaxvca Dsvts Cuaxxca G. Fe�xe Fer.x: Hsn�oxn Leovean J.i(crEs Joar ?!. Scu.�e.v As you are aware, General biills has assumed the obligations as borrower under the above-mentioned Loan Agreement from Harvest States Cooperatives (formerly Farmers Union Grain Terminal Association). General Mills has requested certain amendments to the Loan Agreement and has been working with the Trustee, First Trust Plational Association, in that regard. In connection with the bond issue, the City essentially assigned to the Trustee all of its right, title and interest in and to the Loan Agreement except for the City's right of indemnification and expense reimbursement. Please find enclosed a short resolution for Council's consideration which, if adopted, would the City to execute and deliver the Amendment to Loan Note that paragraph 2 of this resolution contair preconditions, including that General Mills and tl shall first have executed this amendment and that t shall have processed and indicated in writing to that it has obtained the necessary consents to this from the owners of these bonds. 2270 ?iN WORLD TRADE CENTEB SAItii PAtiL, ?lIN?iESO'1'A 33101 1912) 2B1 -1'2I3 8200 FIHST \ATIO*TAL BA?TH HliILDIPiO SAINT PACL, �iIN�iESOTA 66101 �eia� aei-i2ra the City authorize Agreement. .s several ie Trustee ze Trustee the City amendment 2.soo [ns c$v'rea �fIPTVEAPOLIS, MI�iNE50TA 3St02 IA121 �9' 0961 10C BRIGGS Axn MORGAN Richard Pribyl Page Two April 5, 1988 Should the Council adopt this resolution, I would suggest you notify Polly Nemec at First Trust and Ivy Bernhardson at General Mills. In the meantime, please let me know if you have any further questions or needs in this regard. dery truly ours, �;�,,,ti,, �; 6 ��-- �ames P. 0'Meara JPO: cf cc: Nasim Qureshi(w/enclosures) Jock Robertson(w/enclosures) Ivy Bernhardson(w/enclosures) Polly Nemec 10D AMENDMENT TO LOAN AGREEMENT between City of Fridley, Minnesota and Farmers Union Grain Terminal Association dated as of October 1� 1980 WHEREAS, the obligations of Farmers Union Grain Terminal Association, now known as Harvest States Cooperatives (the "Company")� in the Loan Agreement dated as af October 1, 1980 between the City of Fridley, Minnesota and the Company has been �ssigned to General Mills� Inc.� a Delaware corporation by an Agreement of Assignment and Assumption of Obligations dated December 15, 1987; and WHEREAS, General Mills� Inc. desires certain changes to the Agreement; NOW� Therefore, it is agreed as follows: 1. Capitalized terms not defined herein shall have the meaning assigned to them in the Agreement. 2. The first sentence of Section 4.02 is amended to read as follows: "The Company will pay to the Municipality in immediately available funds, at least one day before each Interest Payment Date, an amount which, with any balance then on hand in the Bond Fund and available for such purpose� will equal the sum of the interest and principal, if any� and premium� if any� payable with respect to the Bonds on that Interest Payment Date, whether at their stated maturity, at a date fixed for redemption thereof, by acceleration or otherwise." 3. Section 7.03 is amended to provide alternatively that the Company will continue to be qualified to do business as a foreign corporation in Minnesota. 4. Section 7.09 of the Agreement is deleted. 5. Except as modified hereby� the Agreement shall remain in full force and effect. 10E IN WITNESS WHEREOF, General Mills� Inc. and the City of Fridley, Minnesota have caused this amendment to be executed and attested by their duly authorized officers and First Trust National Association has acknowledged and accepted this amendment, all as of , 1988. (SEAL) Attest: Assistant Secretary Acknowledged and accepted by: (SEAL) GENERAL MILLS, INC. By Its V�ce President CITY OF FRIDLEY� MINNESOTA By Mayor And C�ty Manager FIRST TRUST NATIONAL ASSOCIATION, formerly FIRST TRUST COMPANY, INC., as Assignee of the City of Fridley By Its And Its RESOLUTION NO. RESOLUTION CONSENTING TO AMENDMENT OF LOAN AND BOND PURCHASE AGREEMENT RELATING TO LAMAUR, INC., INDUSTRIAL DEVELOPMENT REVENUE BOND 11 IT IS HEREBY RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota tthe "City"), as follows: 1. Recitals. (a) Pursuant to a certain Loan and Purchase Agreement, dated as of March l, 1982 (the "Agreement"), the City issued its Industrial Development Revenue Bond to assist in financing a project undertaken by Lamaur, Inc. (the "Company"). (b) By letter dated February 25, 1988, the City has received a request from Norwest Bank Minnesota, N.A. (the "Bank"), to consent to a certain amendment to the Agreement. The Bank has represented to the City that it is the owner of the above-described bond, and the Bank has also forwarded to the City a certain letter dated February 12, 1988, from the Bank to the Company setting out the terms of such amendment (the "Amendment"). The Amendment has been executed by the Company and the Bank. 2. Consent to Amendment. On the basis of the foregoing, to the Amendment and authorizes the execute the same on behalf of the City. Adopted this day of by the Fridley City Council. the City hereby consents officers of the City to �� 11A T0: NASIM QjJRFSHI , CITY I�iAGIIt F�tOM: RIC��ARD D. PRIBYL, DIRDCTOR OF FINANCE R�GARDING: R�aOLUTIOI�i TO E}�7C�E A i�v�►IVER/Lh'lTER OF AGRE�1'P DATE: APRIL 13, 1988 ATTA(�I.m YOU WILL FIND A LElTER AND RESOLUTIC�i ZHAT JAMES 0' ME,ARA HAS PREPARID FOR THE COiJNCIIS P,�TI0�1. THE R�QUEST FOR THIS AGTIOl�1 HAS COME FROM NORWEST BANK �A, SO AS TI� CITY CAN F.}�CtYrE A CERTAIN WAIVER/LE'ITER OF Af�GRE�IDdT. THIS AGREF�IT IS JUST AS IS STATE[) IN JIMS LE,'I'I'ER , BE'PWEIN THE BANK AND LAMAUR AND IT AMINDS CERTAIN ITE�IS IN THE IDB FINANCING THAT THE CITY DID FC)R LAMAUR IN MARQi OF 1982. ATTAGT�D AISO YOU WILL FIND THfi LETI�t FROM J�'.S T. VOISS, ASSI5TANT TREASURII2 FROM LAMAtIR REQUESTING OF NORWFST BANK, 4�I0 IS TI-iE TRUSTEE, THAT THE'Y ALIAW THE REQUESTED C.HANGES TO BE MADE . NORWEST AG�F.F� TO THE QiANGES AND HAS PROVIDID THE �IVER/LEITIIt OF AGREF��IVT FC)R US TO SIGN OFF ON AIANG WITH THE TRUSTEE AND I,AMAUR. THE CHANGES WERE RDQ[JESTID BY LAM�TR BECAUSE THE'Y WF�2E TAi�i OVII2 BY D(7W CHF3�JICAL COI�ANY, AS A SUBSIDIARY Zi�'Y ARE NO IANC'IIt REQiJIRID TO ISSUE 10Q REPORTS OR TO HAVE THEIR FINANCIAL STATII�VTS CERTIFIID. 7.�-IE'SE ITEN6 ARE REQUIRID BY TFIE IDB, THE'Y ARE REQUESTING A PEf2�NIIVT WAIVgt OF Tf�SE ITII�lS . Narraew J. Lev�rt COLE OLOLC@ Roeser M.Howcx RoseaT G. Sa•e* Bcrtr E. Swa_vsox �f.J. Gsi.vtr, Je. D.vin G.Foaseaeo JOH.`� •). �"�CSELII Me've:L V. Semoca,Je. Jaser F. Rore�r Taeer+ce �. Don.e ii1CHAHD $. �{7LS Joav L. Davira7 BoNSi.n L. Soae.�sox Petea H.Seen � Ssxcai L. Hexsox Roxu.0 E. Oacasen Jotnv Teovea STSraarr WtxanGH Avaox L.Goanox J09N R. KENEPICH Taobes A_Leasox DA"ID J. SPENCEH Dexizi J. C,oLe. Je. DOUO1dS L. SHOB !KccxeeL H..Jeaovixvs R.Scorr Devles J.Peraice �fcDevtrr JOHX B.VAF DL Noers,Ja. Ricasan G. Msaa Arme� G Ssi.ner� A.une� C. Becase Jerraar J. lissrs Jsuss E. NnsoN Jeaoxs A.Gzts Sreve A.Baexn Josi ft. Garresatsx Rsaw L. Wius AtaN H. Msc••** JEPPBEY F. SHAM 1KATIHHM (.. iBVITI Dsvta G.Gaeaxuro Devw B. Serm Josera P. NoscB CaeaLes R. Hsxr�oe Axnaes �f. Hoxn 7ixoTar P. Fi.easan :�fsarvy H. FTSa Roscar J. Peerra Joxx BvLraxs Jexes G. Res Ricxeen H. Msa?iv Tacns .J. H"�, • i�iAHY L.IPP6L Jenses A.VOSe Roarv L. Hevsax LAW OFFICES BRIGGS AND MOBGAN P80FESSIONdL ASSOCIATION 2200 FIBST NATIONAL BANH BUILDING SAINT PAUL, MINNESOTA 66101 TELEPHONE 1618) 291-1218 TELECOPIE& �6181 2L2-4071 INCLUDIN6 THE FOEMEB FIgld OF LEVITT, PALME$, BOWEN, EOTMAN & SH.ABE April 5, 1988 Richard Pribyl Finance Director Fridley Civic Center 6431 University Avenue Fridley, Minnesota 55432 Roaexr E.woons WiuuY J. Jos.ris ?Lao�ser K Ssv�oe Jos.v H.Etuxonoa Heu.v G. Btttsu Tornr Sra�taoea Ms� E. Sca�rrvaQ �iICH�El H. S1RL76i Jo� H. Lt.vasreor Ricsean D. ixnrs.sox Ss�.�.r 9. Sc000v+ Devia C.>1cDoxet.0 BBQCE W. NOO1T :1.ivaew R. fUvrev�eoes Faeuesica P. Ariosz Roeear L.Lea A.vN HC`/TRODS GseooeT J.Sraxxoa Caee7.as B. Roosxs Teear L. Scra M.eaa�+ F. wesaear Mear N. Dsascra Peretca N.Gwasr iixorer E.>teeu CREHYL !1. THOMAS KEVIN A.Heao Meae Scasoenes �S. Beioin McDoxocoe Re: Request for Consent to Amendment of IDB Loan Documentation for Lamaur, Inc. Dear Rick: 11B �ficas�n. J. Gai�as MsB�sat N. Dcas� CHBLSTOP88$ C.CIS3LHD Velvcr D. A�r�sox Micasa� J. ?ScE�.usrsaY LscaaY �. Fitau.4 Ps�z S.J�coasep COLLC6Y V. $HOHS Du.ve J. �exca-Baxsx �zv. T. Bcatas Scs�x B. Tao�•< Ttaorat J. Krexex EOBRHI L. S7E@UP �Sica�eL rao�us xiu.ea Cegws R. CeaeesOCCUo [taisrnr S. Nscsr , Ec�+� L Osrnt I(ava J. Hn+�zsa Rure .i Ks, �•� Vnacsxc A.Taoxw DLse J. F:erz N�trcr J. Wa.r Daxwcs L A•�, ANDBHA ?i. NAC9N6IE8 Psretca T. Sc�u.r Duxa B. Lrrcg or cocvseL J. �EIL XOH10N Runeen E. Krce Jot[.� N. Psixea SemctL H. �foaos.q Fs,,.•ra v. caea.y 1.Lwcaexce Dsv�s Cuacxcz G. Feuts Fswttc flsxMalm Leoveaa J. Kcras Joxx M.Scuiv�x By letter dated February 25, 1988, from Michael Krutsch of Norwest Bank Minnesota, the Bank requested the City to consent to and execute a certain Waiver/Letter Agreement, dated February 12, 1988. This Agreement is basically between the Bank and Lamaur and it concerns amendment of certain terms of the IDB financing which the City did for the benefit of Lamaur in March of 1982. Mr. Krutsch has sent me a letter dated March 15, 1988, indicating that Norwest Bank Minnesota is currently the owner of the underlying bond obligation. Please find enclosed a short resolution for the City Council's consideration which would consent to this amendment and authorize the execution of it by the City. Assuming that the City Council approves this resolution, the City could then execute and return to Mr. Krutsch the February 12 letter agreement. 2270 !�iN WOHLD TRADE CENTEE SAINT PAQL, MINNESOTA 65101 (812) .°-BI-1213 2E00 FIBST NATIO?dAL HANH BIIILDIN6 SAINT PAL•L, �fI*TVESO'fA 66101 �ei2� ze�-i2ta 8-100 IDS CE�iTEH MINNEAPOLIS, MI�'�IESOTA S6q09 19121 33B - 0991 BRIGGS axn MOI3GAN Richard Pribyl Page Two April 5, 1988 Please call me if you have any further questions or needs in this regard. Very trul�y ours, �' -�. � :�'��'� J mes P. Oi Meara JPO : cf Enclosures cc: Michael Krutsch/Enclosures 11C Lamaur Inc. P.O. Box 1221 Minneapolis, Minnesota 55440 612/571-t234 LAMAUR January 29, 1988 Mr. Michael W. Krutsch Assistant Vice President Norwest Bank Minneapolis, N.A. Eighth St. and Marquette Ave., MS 2308 Minneapolis, MN 55479 Dear Mike: As we discussed on the telephone, Lamaur is now a subsidiary of Dow Chemical Company. As a subsidiary we no lunger issue lOQ reports and no longer have our financial statements certified. As these reports are required by the IRB agreement, we are requesting a permanent waiver of the requirement to provide this information to you. We are also not meeting the covenant which requires the ratio of Maximum Total Liabilities to Net Worth to not exceed 1.0 to 1.0. The ratio is 1.245 to 1.0 at 12-31-87. We are also requesting a waiver of this covenant as of 12-31-87 and throughout 1988. The extreme disruption and cost resulting f rom the hostile Alberto Culver bid and the subsequent merger with Dow have resulted in our inability to meet this covenant. Profitable operations in 1988 should enable us to meet this covenant again by the end of the first quarter of 1989. This should encompass all of the waivers that we will require as a result of our merger with Dow Chemical. Thanks for your attention. Sincerely, � ytL•-----� ames T. Voiss Assistant Treasurer JTV:005bjw cc: W. Johnson 0. Egan Dow Consumer Products Inc. 9550 Zionsville Road P.O. Box 68511 Indianapolis, IN 56268 Shipping Address: 5601 East River Road Minneapolis. Minnesota 55432 FE8 0 � �0$9 M.�. 11D CITY OF FRIDLEY PETITION COVER SHEET Petition No. 2-1988 Date Received February 25, 1988 Object New 20 inch water main and North par�cing lot entrance improvements. FMC Corporation (Northern Ordnance Division) Petition Checked By Date Percent Signing Referred to City Council Disposition 12 J FMC Corporation Ncr?hern Ordnance Division 4800 East R�ver Road M�nneapo��s M�nnesota 55421 (612) 571 9201 Telex 29 0432 17 June 1987 M27273-G5 Mr. John Flora Director of Public Works City of Fridley 6431 University Ave. NE fMC Subject: New 20 inch water main and North parking lot entrance improvements Based on the requirements discussed below and the drawings submitted by your office for FMC review, authorization is given to proceed with the subject work. PROJECT DETAILS: 1. The city will install a new 20 inch water line along the south side of 51st Way. FMC will be assessed the cost of an 8 inch main. 2. The city will perform work necessary to move and renovate the North Parking Lot entrance. FMC will be assessed the cost of these improvements. 3. FMC will be paying the assessments from 1 and 2 above with Navy Capital Maintenance funds. 4. A preliminary project cost estimate for the north parking lot entrance improvements will be submitted to FMC. 5. A final project cost will be submitted to FMC prior to project construction phase. Contract costs and plans will be made available for FMC review. 6. FMC waives the right for a public hearing. 7. The city must obtain all easements for the subject projects. CONSTRUCTION DETAILS: 12A 1. Provide two 20 x 20 x 16 inch tees with valves, valve boxes and blind flanges for future FMC water service main. Exact locations - to be staked prior to construction. �:��•: �x� �. r. �� �. 12B 2 Mr. John Flora M27273-G5 17 June 1987 2. Provide five fire hydrant connections into the Navy property at 400 foot intervals. Exact locations to be staked prior to construction. Dry-barrel traffic type hydrants installations shall include valves, valve boxes and thrust blocks. Installation in accordance with the requirements of NFPA 24. 3. Complete the necessary roadway improvements as identified in the drawings submitted and discussed during our meeting at your office of 21 May 1987, except landscaping. Site improvements include curbing, parking lot curb cut, 60 foot median island, paving, fencing and gate. Thank you for your cooperation in this matter. Please keep us advised of your project schedule so we can make the necessary arrangements on our end. FMC CORPORATION Northern Ordnance Division ��� Barrett ussig Vice Pres'dent/General Manager cr/2089g Parks Streets �Maintenance MEMORANDUM TO: Nasim Qureshi, City Manager FROM: John G. Flora, �Public Works Director DATE:: April 14, 1988 SUBJECT: Street Improv�nt Project ST. 1988 - 1& 2 pwss—ii� We have been working with the Depart�c►ent of Navy, River R�ad Business Associates and the Burlington Northern Railroad to obtain petitions for the improv�nent of 51st Way. The Depaztment of Navy Representative and tt� River Rbad Business Associates indicate their petitions for the inprov�nent waiving the public hearing are forthccsning. Jc�'/ts 0 13 • �. � CITY OF FRIDLEY PETITION COVER SHEET Petition No. 8-1987 Date Received September 8, 1987 object Improvements to Rapid Oil Change property, i.e., 7315 Highway 65 Northeast Petition Checked By Date Percent Signing Referred to City Council Disposition m 14 14A ����`�':�`.�.li �13 .��.r'�►,1.�� � � 'D � ?�1��`� September 4, 1987 Mr. John G. Flora Public Works Director City of Fridley 6431 [iniversity Avenue Northeast Fridley, I'II� 55432 Dear John: Tl-�is letter is to inform the City of Fridley that Rapid Oil Change, a Division of Ashland C�il, Inc. has a contract on the pr�perty located at 7315 Hwy 65 N.E., Fridley, I�I (see legal description attached). As contract holder on the above property, Rapid Oil Change hereby requests that the City of Fridley make the following improvements to said property: 1. Widen Viron Rd. by 7' to the West, fram 73rd Avenue N.E. to the nort.h side of 73-1/2 Avenue N.E., installir�g new curb and gutter along the west side of Viron Rd. Z. Vacate 73 1/2 Avenue N.E. from Hwy 65 to Viron Rd. and deed the property to Rapid Oil Change, a Division of Ashland Oil, Inc. 3. Rcm�ve all bituminous pavement and curb and gutter frc�m that section of 73-1/2 Avenue N.E. lyir,g between Hwy 65 and Viron Road. 4. Rough grade that section of property where the pavement has been removed to meet adjacent highway right of way ditch grades and site grades as established on site plan to be furnished by Rapid Oil Change. 5. Adjust the elevations of all utilities in the vacated section of street where necessary to match the proposed grades as furnished by Rapid Oil C►-�ange . 6. Install new curb and gutter along Viron Rd. as required in that section of 73-1/2 N. E. newly vacated. 7. Make necessary shoulder and ditch modifications as required by MnDGT. 8. Secure all necessary and required constYUCtion easemer�ts and permits required bY MnDOT and any other City, County or State agencies having jurisdiction. COFPORATE OFFICE • 3041 4th AVENUE SOUTH • MINNEAPOLIS, MN 55408 •(612) 827-2541 DIVISION OF VALVOLINE OIL COMPANY • DIVISION OF ASHLAND OIL, INC. September 4, 1987 P�e 2 In ret,urn for the above i.mprovements, RaPid Oil Change, a Division of Ashland Oil, �lnc. agrees to allow the City of Fridley to assess against t,he propertY that amount of monies necessary to FaY for the iunprovements. It is our understanding that the City of Fridley estimates this cost to be $10,300.00 �apid Oil Change, a Division of Ashland Oil, Inc. hereby waives its ri.ght to a public hearirig or, the assessment for the above imProvP.ments . Respc�tfully, RAFID OIL CHAI3GE ''�� � Mark J, ilbertson Pro j ect Man�er MJG; ia cc: Jim Robinson , . . � � �l��i��J.� � �.r'.1r�i�,�I::�L.� � �.� � �.br V�al � �.r�ii~�vi.� ��tClClt�Y' .��.v � 1937 t':2". �TU}1.Y1 G. Fl�ra Fti�tlic Wvr�s Uir�.tor City uf Fridley 6431 t�nivcrsity Aver.ue I3. E. Fricl?zy, I�V 55432 Re: Fro�sed Rupid Oil Char,�e 7315 Hwy 65 N. E. Fridley, rII�i Dear Mr. Flara: Rapid C�il Ghange, a divisior� of Ashland Oil, Ine. , ha� a contract to purcr:ase t'r�� above refer�nced site. 14C L�uring our effarts to obtain a sp�•ial u�e �rmit �r�d t,uilding pern,it for th� a'3�ve referenc� site, we have: gr�.nte+� thE City an e.�sement alor� thc er�tirE east s�de o� a�r site. At the City's request, petitianed for the vacatic�n af 73-1/2 Aven��� N. E.' ar�d �sgreed to be a�ses�xl for the casts associated witri tx�th widenir,g Viron R�,G,3 aY�� 1^F'IpC�VLr�g th� pavement, gradirg, adjustirg utilities and iristallation of an � irrigatian sy5tem an� la.nd�ca��ing in the vacat«rd p�,rtion of 73-1/2 Avern�E N.E. It � is � ur� ez•star:dir.g that thc City estimates thA asses�m�nt foi• arx:,vE work tc t� ,� Qp . , ariich wF have ag��eed t,� .� At th� City Cc�L:r�cil m�ti� on ���tembzr 14, 1987, the City Couricil, in an at,trmpi to allevi�stt tra�fi� congP�tior:s when 73-1/2 Avenue N. E. is fix:ally cicsed ��fT, r��u�sted an addit�onal 20' off the x�uth end of our prc�perty f��r the pu�sF of widenL:g 73rd Avenu� N. E. to acc��nunodate the in�rEaszd traffic flaw. F�pid Oil Chasige will �reE t� grant the City of Fridley a 2C1' e�s�ax�nt al�rsg ±.he �outh er�d af aur pro��rty for tr:e purpose of widenirg 73rd Av«�nue N.E. CORPORATE OFFICE • 3041 4th AVENUE SOUTH • MINNEAPOLIS. MN 55408 •(612) 827•2541 DIVISION OF VALVOLINE OIL COMPANY • DIVISION OF ASHLAND OII, INC. 14D Due to the additional costs to be incurred by Rapid Oil Change for the va��tion of 73-1/2 Avenue N.E., and widening of Viron Rd., Rapid Oil G7�a*�ge has had to scale t�ack the siae of facility we intended to build on the site. If there'is to be a� additional a:�sess:nent against t�-se property tc� cover the cos � t�s�cx:iated with Wi�3�ning 73zYi Avanue N. E. whet�:er now or in the fu+ure, Rap�d Oil C'tlar�e will have n� ehoiee but tc> walk ataay fr�xn tr,a site. We w�uld pref�r tc� w��rk wit•h th� City te ste thi�• corner rede�elopc-c.' t�ut du-� tc the econvmic�s, the groject cannot stand on it8 Gw71 ��T'1� Wl�l ar►v additional costs .�u rather th�si �tart a pi•oje��t wliict-, F:oulcl be a l�si.�g pm�?�it.�c�n f�riancially, we w�ll have to �Ilow aur optic.�r� vii tl��. pr�pert;� to ea•pire. To rt.itrra*..e Rs�id Oil C�-iange carr�ot �rc-�: t�� an1- fu2�::�:• a��se�sm�nt�� a�r���e and Y�yond tt;� $1C , 3C1C1. (10 �7e r��ve alz-�33y �;r�.� to . If yau ha�:e any que�t.i��i� or com�r.�nts, ple�e fee frc.� te contact m� at 827-2��4�. Fe�pectfully, R�DID OIL CHP�yGE .� Mark J. Gi1L�ertson Prc,jh,t. M�r�a�er MJG/la cc : Jim Robinson Jock Robert�on Iv�im Qureshi 0 crrx or �xznT �r P�TITION COVER SHEET Petition No. 5-198t3 Date Received March 'L3, 1988 Object Northwest Racquet, Swim and Health Clubs, Inc., requesting improvements on Rice Creek Road and agreeing to participate in the costs. Patition Checked By Date Percent Signing Referred to City Gouncil Disposition 15 PETITION AND AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL This agreement is made this �� day of March, 1988 between the City of Fridley, State of Minnesota (hereinafter referred to as the "City"), Northwest Racquet, Swim and Health Clubs, Inc., a Minnesota Corporation, (hereinafter referred to as "Northwest"), Moore �ake Associates, a Minnesota Partnership ihereinafter referred to as "Moore Lake"), and Shorewood Plaza Partners (hereinafter referred to as "Shorewood"). WHEREAS, Northwest is the owner of certain real property which is described in Exhibit A(hereinafter referred to as "Parcel A"), Moore Lake is the owner of certain real property which is described in Exhibit B(hereinafter referred to as "Parcel B"), and Shorewood is the owner of certain real property which is described in Exhibit C(hereinafter referred to as "Parcel C") and, WHEREAS Northwest, Moore Lake, and Shorewood seek to have the City construct certain public improvements which will benefit their resQective properties. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. That Northwest, Moore Lake, and Shorewood, the owners of not less than thirty-five percent (35$) in frontage of real property abutting on Rice Creek Road between Central Avenue and Highway 65 in the City of Fridley hereby peti- . tion that the City construct the following improvements along said street pursuant to Minnesota Statutes Chapter -1- 15A 429: street realignment, street widening and upgrade, relocate power lines underground, install street lights, decorative bikeway lights, bikeway/walkway, sanitary sewer, storm sewer improvements, retaining walls, irrigation and landscaping, all of which work is more fully described in City of Fridley Street Improvement Project No. ST 1988-1 & 2(hereinafter referred to as the "Improvements"). 2. That Northwest, Moore Lake, and Shorewood waive any right to a public hearing on the Improvements as provided for in Minnesota Statutes Sections 429.011 to 429.111. 3. That Northwest, Shorewood, and Moore Lake agree to pay assessments to the City in the following amounts and to be charged against the respective parcels as follows: Parcel A: $199,500.00 Parcel B: $399,000.00 Parcel C: $ 66,500.00 for a total assessment of $665,000. The payment of these assessments shall be aver a period of thirteen (13) years with interest thereon at nine percent (9$) per annum, beginning January 1, 1991. The first payments will be du� in 1991. Payments will be equal amounts with final payment due in 2003. Payments will be due in s installments at the same time that real estate taxes are due. 4. Northwest, Moore Lake, and Shorewood expressly waive any right to hearing on the assessments. 5. Northwest, Moore Lake, and Shorewood expressly waive -2- 15B 15C objection to any irregularity with regard to the improve- ment assessment and any claim that the amount levied thereon against any of the parcels as excessive, together with waiving any and all rights to appeal in the Courts as provided under Minnesota Statute Section 429.081. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first written above. 15D NORTHWEST RACQUET, SWIM AND HEALTH CLUBS, INC. �' 1 • � By : � � ��k'`- Its: ' 1 '�� MOORE By: Its By: Its Ge STATE OF MINNESOTA) SS COUNTY OF f„� � ) T ZA 1 Partner ;The foregoing instrument was acknow edged before me t is :?-� �day of March, 1988, by �.o�.Q1� .� �•..4-� , the of Northwest Racquet, Swim and Health Clubs, Inc., a Corporat' n under the laws of Minnesota, on behalf of the Corporation. MnrN✓W�Nv�MNJ�M�NN.ti�V�M.IJNMM= ' J � /o '� RGf,,u,c! LE 1. St;'-Ci���:E4 � , � �'a�"' Nvi:,t,`i i•l�;t `� '• ii:`.7cLCTA `. STATE OF MINNESOTA�':�.?� p,�.;��!;;��,�;t,r y � �$ ;:r„ ��:��;:u��� �<_!r': i::,. >', i���'. > COUNTY OF `�(..�`���'1���,.,.�:vr�,..J'I�.��,VJ�.J..1'. ..�...��� n��'he foregoing instrument was ackn e� qed before me his �° day of March, 1988, by . �� o >�i , t�re � � of Moore Lake Associates, a tne s ip under the 1 ws of Minnesota, on behalf .a€-ftk�e�;Pa��tnership�- .�- M�uhDa K. Ci,�2� l; �� z .� 1 �� NOTARY PUBLiC--;:tl�i,'.e; " � ' / � RAMSEY C�UN i Y �� MT COMM. EXPIRES AUG 20, 19 LL � , � � STATE OF COUNTY OF MINNESOTA) � a �.,��s= ) S � The foregoing instrument ` s ack �dg�d before me� is �'? day of March, 1988, by orn ��., �. tke c� ,;I �.�.� of Shorewood Plaza Partner , a Partner p under the aws of Minnesota, on behalf of, _„ �+�. MEUNDA K. CARDINAI / � � NOTARY PUBUC—MI E50 C I i ��: RAAASEY C�UNT� MY COMM. EXPIRES AUG `� �'` ��'ti •• ........,."' --- - THIS INSTRUMENT WAS DRAFTED BY: Herrick & Newman P.A., Suite 205 6401 University Avenue N.E. Fridley, Minnesota 55432 (612) 571-3850 EXHIBIT A Lot 1, Block 2 and Lot 2, Block 3, Shorewood Plaza 15E EXHIBIT B Lot 1, Block 3, Shorewood Plaza 15F EXHIBIT.0 15G Lot. 1. Block 1, S}iOREWUOD PLAZA� situatPd in A��alca C�unty, h1ii���esut.a 'I'o�°t}�er With t;}�at part ol 'fract C� Reqister�ci L�►�d Survoy tJumbei• lU(). lyii�� SouLli of a litie parallel with and distaiil.�,^�1�eL1 uSPVoSernment Lotl2e SecLio�F�i as falloc�s: Commencin� at the i�orttieasl. ^3a. E31 13, 7'oWnsliip :�U, Raii�e 24; tl�en��c: Wesl.. �+.lr,n� the »ortl� lin? L•liereof. •. feet; thence to fi,he lef C on a �anPenLi�+ I C��rve liaviri� a t•adius oS 'L:3U. (lU LPeL' an•d a de1La an�le o£ 59 cte�rees 2�1 rnii��.il.��=� a disl.ai�ce of 23a.15 reeL. �I1P11Cp soul.liNesLerly� tangei�t l.o s�id' c:urve :i�'1.71 L'eeL; Li�eiice to i:l�e ri�liL �loii� � i:an�e�►t,ial curve• havi�i� a radius of 23U. UU feet and a delta angle �ry11�nt���L�PH 16 �nitiuLes 4U seconds a clist;ar�ce o[ 2�U. Q() �eet; L1►eiic.e w�sterly� said cuc•v�:, 423.78 ieeL, mO�;e or less. 1.� Lt�e easterly li�ie oT Sl.al.P Il.i�l�uay No. 65 as �l�e 53tn6 15 t�ON I�a�C�iOUI: at�J c:u»structed. . _� t That part oi the SouthNest quarter of 3ection 13� Township 3U; Rnnge 'L4� lyintq East of a line drawn 30 feet East of.the Easterly line of�State Hlghway No. 65� as the same is now laid out and constructed� and south of the South line of Moore Loke Nighlnnds 3rd Addition and the same extended Easterly, and lyin� north of the folloaing described tract: That port oY Government Lots 1 nnd 'L� Scction 13, Township 30, Range 24, Anoka County� Minnesota� lying 33.0 feet on each side of the following described center line; Commencing at the Northeast corner of said Government Lot 'L, Section 13� Township 30� RanKe 'L�; thencc West along the North line thereof 238.81 t'eet; thence to the left on n tangential curve ha►ving n rndius of 23U.0 feet and a delta angle of 59 degrees 24 minutes a distance of 238.45 ieet; thence SouthwesterlY tan�ent to snid curve 527.71 feet; thence to the right alonq a tnngentiul ci�rve having u rndius ot' 23U.0 feet and o delta angle of 6'L degrees 16 minutes �IU seconds a distance of '150.0 f'eet; thence westerly tangent to said curve 423.78; more or less. to the Easterly line of State Hi�lhwo.y No. 65 ns the same is now lnid out nnd constructed, being a pnrt of Lots 1Ei nnd l7� Auditor's Subdivision No. tit3, Anokn County� EXCGP7'INC therefrom ttini part thereot' included•in the folloaina deacribed "Tract A",� Which hns,heretot'ore becn deeded to the City oi' Fridley. "Trnct A" iA described us followa: All that pnrt of l,ot 17, Auditor's Stibdivision No. 88, being that pnrt of the Southwest Aunr�er of Section 13� Township 3U, Ronge 'lA� Anoka County, Minnesota, deacribed as follows: 13eKinninq nt a point in the Southwesterly line of Lot 1� bloeJc 'L� Moore L,nice Highlanda 3rd Addition� diatant 3U.0 i'eet Northwesterly of the Southenat corner of said Lot 1; thence Southeasterly to soid Sout;henst corner; thence South to u point in Lhe South line of the SouthNeat Ruurter oi' said Section 13� distunt 625.0 feet West of the South Ruurter corner ot' snid Section; thence West along the South line thereof a distance of '15U.0 t'eet; tiience North nt right angles to the lnat described line a distr�nce of lOU.0 f'eet; Lhence East and parallel to said south line u distunce of 150::U feet; thence Northensterly a distance of Sti6.t31 t'eet� more or less, to the point ot beKinning. � Together Nith nn easement i'or road purposes over that pnrt of the t'ollowing described trnct, which lies Westerly of above described "Trnct A": 'Chat part ot' Government Lots 1 and 2� Section �l:i � Township 3U, Range 'L4 �.Qnolca County� Minnesoto, lying 33 feet on each side oi' the following described center line; commencinq at the Northeast corner of snid Government �ot 'L� Scetion 13, Township 3U� Ran�te 24; thence West alortg the North line thereof' Z3ti.t31 feet; thence to the left nlong a tn�gentiul curve having a rudius of 'L3U.0 t'eet and a deltn c►ngle of 5y degrees 'L4 minutes A distance of 238.45 i'eet; tticnce southwesterly tan�Sent to said curve 5'L7.71 feet; thence to the riKht nlon� n tangential curve having s radius of 23U.0 feet and a delta anKle of 6'L dettrces 16 minutes 4U seconds a distnnce of 25U.0 feet; thence Westerl.v tan�enL to said curve 4Z3.78 i'eet, more or less� to a point which is 3U feet East ot' the Ensterly line of State Nighway No. 65 as the snme is now laid out and constructed� being a part of Lots 16 �and 17, Auditor's Subdivision No. iiti� Anokn County, Minnesota. � 0 16 crrx or �inr.�r P�TITION COVER SHEET Petition No. 6-1988 Date Received April 14, 1988 Object HRA requesting improvements on Rice Creek Road and agreeing to par�icipate in the costs. P�tition Checked By Date Percent Signing Referred to City Council Disposition �a� Na - �ss �sa,vrioH x�ivn� a� �s,nu��Y Rs�a�rr, �ivn�c c�rr� PSTITIONS � WAIVE A PQBLIC BSARING ON THB MATTBR OF THS �NS1ZiUCTION OF CERTAIN IMPROVffi+IBN15 AND ORDL'RING A POBLIC HF�RII� CN THE QONSTRUCTION OF CSRTAIN IMPRO�S : SZREB'r PR�O�THCT N0. 3P. 1988 — 1& 2 �, the oonstruction of oertain impravenents is deemed to be in the interest of the City o�f Fridley and the property o�wr�ers affected thereby. 1�.W, �1IItE[�tP'., B8 1T RFSCGV�, by the City Co�cil a� the City of Fr idl ey as follaws: L�at the preliminary report suLmitted by the Publ ic Works Director is hereby reoeived and aooepted. 2. That the City o� Fridley has entered into an agreement with Anoka Co�nty whereby Anoka Co�ty has agreed to gay for one-half of the sic�al impravements at 51st Way and East River RQad. 3. 7.hat FMC has requested the City to construct certain road improvenents on 51st Way which will imprc�ve traff ic flo�w into and out of their enplvyee �rking area. 4. That FMC has petitioned the City to construct said road imprwenents and to assess the appropriate share of the cost of the improvenents to FMC and that FMC has waived their right to a pukalic hearing which is allowed under the normal procedures set forth in Minnesota Statutes Chapter 429. 5. �hat the U. � Navy has petitioned the City to costr uct said road imprwenents and to assess the appropriate share � the aost of the impravenents to the U. S. Navy and that the U. S. Navy has waived their ric�it to a pu4lic hearing which is allaaed u�der the ryarmal prooedures set forth in Minnesota Statutes C�apter 429. 6. That Marf ield, Belgarde & Yaffe Companies has petitioned the City to construct said road improv�nents and to assess the appropriate share of the oost c� the improvements to Marf ield, Belgarde & Yaffe Companies and that Marf ield, Belgarde & Yaffe Companies has waived thei r right to a publ ic hearing which is allowed under the normal procedures set forth in Minnesota Statutes Qiapter 429. 7. 73�at Rapid Oil QZange has petitioned the City to construct said road impravenents and to assess the appropriate share o� the �st oE the impravenents to Rapid Oil Change and that Rapid Oil Change has waived their right to a public hearing which is allowed under the normal procedures set forth in Minnesota Statutes (hapter 429. 17 Page �+ro - Resol ut i on No. - 1988 8. That the City Clerk shall act to ascertain the name and address of all other awners of paroels of lat�d clirectly affected or within the area of lands as may be proposed to be assessed for said improvenents, and calculate estimates of assessnents as may be prop�sed relative thereto against each of said lar�. 9. That the area proposed to be assessed for said improvenents and each of then as noted i.n said agreements and report of the Clerk are all of the lands and areas as are proposed to be assessed. 1�11 of the same to be assessed proportionately according to the beryef its reoeived. 10. That the estimates of assessments of the Clerk shall be avail abl e f ar inspecti oci to the awne r of any pa r cel of 1 and as may be aff ected thereby. PI�.SSBU AI�ID ADOPl'� BY THE QTY CXlCiK�I, Ol� THB QTY OF FRI�,EY THIS DAY OF , 1988. WILLIAM J. I�E - MAYOR PaTEST: 3iIRLEY A. HAAA�ILA - CITY Q,ERK � 6✓9/ 30 17A Engineer��g Sewe� Water Parks Streetf Maintenance MEMORANDUM TO: Virgil Fierrick, City Attorney FROM: Mark L. Burch, Asst. Public Warks DirectAr DATE: April ?, 1988 SUB.lECT: Specifications for 1988 Miscellaneaus Oo�crete C1irb, C�tter and Sidewalk Contract PW88-104 We have decided that it is not in the City's best interest to award a contract to the lvw bidder on our 1988 Miscellaneous Concrete C1irb, f�.itter and Sidewalk contsact due t� their lack of experience. We will rec,�cmend tA the City Council at their April 18 meeting t1�at they reject all bids and on�er readvertisemP.nt of this project. Will you please review aur specificatirns for this project and recanre.nd any c.hanges necessary tu protect the City fran future prablens with this contsact. r�,B/ts AttacYment • �: � : 18A BID PROPO�SALS FOIt 1988 1�SCELLANEIOUS �IJQ2ETE Q1I�, Q1'I'IER & SIDIIn1ALR PRQ7EC� WIDNFSDAY, N�►RQi 23, 1988, 11: 00 A. M. I BID I TO'rAL I QONIl�'1�1'I'S PLAI�iCLDER f BQVD I BID i I I I J& 0 Gen. Contrs. I I I 3314 Morgan Ave. , N. I 5$ I S 32,954.00 I Minneapol is, M�1 55412 I I I _I i I Standard Sidewalk I I I 124 Meander Road ( 5$ I S 35,540.00 I Golden Valley, N�I 55422 I i I I I I Halvorson Construction I I I 4227 - 165th Ave. , N. E. I 5$ I S 36,190. 00 I Anoka, NH�i 55304 I � � I I I Concrete Curb Co. I ( I 771 Ladybird Lane I 10$ I S 38,340.00 I Burnsville, l�i 55337 I I I I I I Lindahl & Carlson I I I 1821. University Ave. ,#245 I 5$ i S 40,286.00 I St. Paul, NYV 55104 I I I I I I Northern - N I I I P. Q. Box 275 I 5$ I S 50,910.00 I Rock Creek, NIN 55067 I I I I I I Ginderson Brothers I I I 2325 SYyell ing Ave. , S. I 5$ I S 52,510.00 I Minneapolis, NAT 55404 I I I I I I Thcmas & Sons Const. , Inc. I I i ' 13925 Northdale Blvd. I 5$ I S 54,980.00 I Rogers, NgV 55374 I t I I I I -2- . BID PROPQSALS FOR 1988 I�SC'�3S�ANk�7fJS O�NQtETE Q11�, C�flTgt & SID�in1ALR PRQ7ECT W�TESLI�,Y, N!�„RQi 23, 1988, 11: 00 A. M. I BID I TOTAL I CONIl�NI'S PLANfiCLDER I BCt�ID I BID I I I I Arvon Constructian I I I 903 E. Fbrest I I NO BID ( Mora, NN 55051 I ( I I I I (bn-Curb I 1 ! Route 2 I I NO BID I Watkins, I�3 55389 I i I I I I Independerit Curb Contract. I I I 4690 Penlcwe Way I i NO BID i Eagen, N�T 55122 I i I I I I Knif e Lake Concrete I I 1 Route 3 I ! NO BID i Mora, I�i 55051 I I I I i I Norsk Concrete Const. I I I 1115 Osborne Road I I NO BID I Minneapolis, I+�3 55432 I I I I I I Paul.vo, Inc. I I I 547 West Co. E I I NO BID I Shor ev iew, Nfl�i 55125 I I I I I I 3/ 6110/ 14 m CONSTRUCTION, INC. 3314 Morgan Ave. iJU. MPLS., MN 55412 April 4, 1988 18C Dear Gentlemen: As to your request according to article A-1.4 of General Conditions and specifications. My company is a new company having been in business since 1984, we have not done any curb and gutter work during this period, but have no problem with performing and completing this job as to specs and plans. As to Article A-5.1 of General Conditions you requested additional information concerning my personal experience: I worked for a company back in 1969-1975 called OMZ Construction, Inc. We worked on basements, footings, foundations, curves, and gutters as well as sidewalks, driveways and parking lots for the City of St. Paul. OMZ is no longer in business and I have no way of contacting the owners. As to your request here is a list of some othe equipment owned by me: trial, bull float, joint cutters, edges, broom, concrete forms and stakes, hammer, saws, mixers, front end loader, back holer, dump truck, jack hammer and other concrete tools. Futhermore you asked if I had capital to complete the job, Yes I have capital of 34,000.00 dollars. Yours truly, / Wo ro Thompson-President WOOOROW THOMPSON, PRESIDENT 0 R'6CLUiiON 1�IQ. — 1988 RFSQ�t�ION R�Il� ADVERTISEMENT FOR BID6; REMaVAL AND REPLACEMENT OF MISCELLANDOOS CONCREl'S, CUR'B. C�3TTER A1�ID SIDEi�1ALR - 1988 WHIItEi�S, the construction of certain improvements is deemed to be in the iriterest c� the City of Fridley and the property awryers affected theretyy. 1�W. 7�IQtE1�0�tE� BE IT R�,VEa by the City Council of the City of Fridley, Anoka Co�ty, Mirnesota as follavs: L�at the follawing a.mprwenents praposed by Co�ncil Resolutions are hereby ordered to be effected and co�nple�ted as required: Renwal and replaoe�nent c� misoellaneous concrete curb, gutter and sidewal k. 2. The plans and specif icatians prepared by the Publ ic Works Director for such impravenents are hereby appraved and shall be f iled with the City Qerk. The Public Works Director shall acoordingly pre�re and cause to be inserted in the official newspaper advertisements for bids upon the making of such impravenents �nder such apprwed plans and specifications. 7.he advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bicls will be open�ed and considered at 11: 00 a. m. on the 12th day � May, 1988 and that m bids will be oonsidered unless sealed and filed with the Public Works Director. That the advertiaement for bic� for REMOVAL AND REPLACEMENT OF MISCELLANEOUS QIRB, Q,'TI'IIt AI�ID SIDEWALR - 1988 shall be substantially in the standard form. P�1.S.S� AI�ID ADOPrED BY THE QTY �[TI�.',LL OF THE CLTY OF ERID�,EY THIS DAY OF , 1988. P�'rEST ; 33IRLEY A. HAAPALA - CITY CLERiC 3/6✓10/13 A WII�LIAM J. NEE - 1�'�Yt�R = : � • •- � : �� � s•� •�a�i � �� � �• • •;� a � - i •:,+ • I?�1 •� •' }1 • ' �1 �:�' 1 1 � :r • Sealed bids will be reoeived and publicly opened by the City c� Fridley, Anoka Co�nty, Minnesota, at the oEfioe of the Pub�lic Works Director, 6431 University Avenue N. E. , Fridl�, Minnesota 55432 tTel. 571-34503 on the 12th day of MAY, 1988, at 11: 00 a. m, for the furnishing of work and material.s for R@�VAL AND REPLA�,EI►�TP OF IrIIS�LANmIJS Q�NGRIIE Q]R8, (�iQt, AI�ID SID�TALR 5 Eadl Pond Skuraners with Appurtenanoes 2, 000 Lin Ft. Misoellaneous Concrete Curb & G�ter Renaval & Replaoement 1,000 �. Ft. Construct 5 ft. wide x 4 inch sidewalk 1,000 Lin. Ft. Concrete Valley Gutter All in aocordanoe with plans and specif ications prepared by John G. Flora, . P. E. , Public Works Director, Fridley City Hall, 6431 University Avenue N. E. , Fridley, I�IIV 554.�2 (Te1. 571-3450) . Plans and specif ications may be examined at the off ice of the Publ ic Works Director and oopies may be obtained for the Contractor's individual use by apply ing to the Puhl ic Wor ks Di rect or. Bic�; m�t be made on the basis of cash gayment for work, and accanpanied by a cast► deposit, certified check (on a responsible bank in the State of Mir�nesota) or a bic3der's bond made �yable without condition to the City of FYidley, M�i, in an a¢naait o� not less than five (5$) per cent of the total amount a� the bid. The City Co�ncil reserves the right to reject any and all bids and to waive any informalities in arly bic� reoeived without explanatio�n. No bid may be withdrawn for a peria3 of thirty ( 30) days. ! By order ot the City Gotsicil o�E the City of �ridley, Mir�esota. Dated the �$� day o� �$Ty, 1988. Pu!]1 Lshed: 3/ 6/ 10/ 5 . - �... April 20, 1988 April 27, 1988 May 4, 1988 3ohn G. Fl or a, P. E. AJBLIC WQtI�S DIREC��OR • � -� � •,� - � April 22, 1988 April 29, 1988 May 6, 1988 : � MEMORANDUM 19 TO: Johr��� j,F ora, Public Works DisectAr PW88-105 C. �� FROM: Clyde V Nbravetz, �gineering Administration DATE: April 8, 1988 SUBJECT: "No Parking" on East Sic1e of Hayes Street betw�en 73� Av�nu�e and Onondago Street At.tached is a petition received requesting the rc�r�val of the "No Parking" signs refexenced abave. I believe these signs were requested years ago prior to Onan expanding their parking facilities and Onan e�loyees and visit,prs parlcsd on 73rd Ave. and Hayes St. The Petitioners are the vwners of th� properties as referenced � the petition lett�er. Six of the seven owners affected have signed (as noted oaz tYbe attahced map) . I suggest that the signs be ren�ved as there is no further need for th�n. CVM/ts Attaci�ame.nts � � •. � � CITY OI' FRIDLEY P�TItION COVER SHEET Petition No. 7 -1988 Aat� Received �q�rch ?1.. 1.QR�i Object '�jy0 p�r�<;nq�� Ofl F�St ��('•Q of Ha.Y?i Stre�� (1Pfi�AIPP.iI 73rd AvPn��? and Ono�c�aq� �treQt P�tition Checked By Per.cent Signing Referred to City Council Disposition Date l ' ' , � Msr•ch 21 r 1988 19B riark Burch City of Fridley City Enqineering Department We the undersigned residents of the "1300 block of Hayes Street N.E. in Fridley request the removal of the NO PARKING signs located on the east side of the street. � ;"".�'i' /y h'../�f �! � ✓ � . � . . ���� �4� �.�-�.� �. ��� c�s�.�;�n�.,� ,. .- - :�. � , �, � �, �, ����� `� � - ��- ,� , _� � .�1� l 7 3 S� �o.�.� ,�` �� g7 � � o� �3���� �- i6�"3o' � %�6'��6Z 7��-�7�� �? 3 7 � �1a��e� �t- � ��f - 03 ll f _ �� ; �� �'���- � �_��� � � � � �? �.i�-�-- i' � j'� '1 - j� �`� �i � ��� r _- _ .� ..... l. . 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W�. � �- 3 4 S + � ; ., ����-e� �� � T/ N , . �► � ; ... .. /,Ir+1 �r�b.. � � i (i�teJ � /�� ��;11 � ' ' � : � � • 't � R Asr)f/ o-% , ; �3Z�j , ` �' ���T �.�.+«► � � / , A:,► :ej� 1 � �� f ��� '73�!-32 � • ` i.w►�r �t �r , ' r_ �,w�„� � �, r l �.. � � a ; s 2 '� ... , � •�� � ' ~ �' Alr�l�i/ �(! 1� •j��so i ; L �4 �r �wU �. . � ' �� ' ` � � �+ ; �_ ���; _ .. . ,�` i �67 J �►w�r rv � s!; . j . . __ • _ �NrE R � � , � � JEC. /t • �� • � , - ;' ; � , . ~ �; • ' � , _� , . ;, ., �' } '� �,: : ' •3 ' ►�i�+ S � , ��� .! � f.�yo,• , 'f� . ��t�'r �,�� . •, � �f 3 t r � �- r ��..,. a.ri� ' �."w! .� �. ��,�;..�� ��'� �ii.���#a�� � ; � � . 1. - � � , ' . �.�1 E /so� - r � ' •,�.f� �i`'�: STR EET � �. -x r ,; ' � . ..y. . .; � . ,.� ..f �S� �'' �S' � T .S S � ��/ /sto r �S2S �_ �+ . , ...,.p,,.. . �. . _ ..,.� . , � �' FOR CONCURRENCE BY THE CtTY COUNCIL -- LICENSES April 18, 1983 Type of License: B� Approved By: Fees: AUCTIONEERS Quickie Auctions David Christian James P. Hill $20.00 22895 - 141st Ave. Public Safety Director Rogers, Mn. 55374 � BILLIARDS George's Restaurant Am. Amusement Arcades James P. Hill $130.00 3710 E. River Rd. Public Safety Director Fridley, Mn. 55421 V.F.W. Post 363 Merle Sheffield James P. Hill $$40.00 1040 Osborne Rd. N.E. Public Safety Director Fridley, Mn. 55432 BOWLING ALLEY Plaple Lanes Bowling Center Fridley Rec. & Richard Larson $360.00 631d Hv�y.65 N.E. Service Co. Fire Inspector Fridley, P1n. 55432 CIGARETTE Bill Johnson Standard Willis D. Johnson James P. Hill Service Public Safety Director 5311 University Ave.N.E. Fridley, P1n. 55432 Carter-Day A& J Enterprizes James P. Hill 500 - 73rd Ave.P1.E. Public Safety Director Fridley, Mn. 55432 Fina Am.Petrofina Co.of " 7298 Highway 65 N.E. Texas Fridley, P�n. 55432 Fireside Rice Bowl Oliver Tam " 1160 Fireside Or. N.E. Fridley, P1n. 55432 FMC Corp. Canteen Co. " 4800 E. River Rd. Fridley, P1n. 55432 Fridley Country Boy Country House Inc. " 6501 Central Ave.N.E. Fridley, Mn. 55432 Fridley Warehouse Annex Am. Amusement Arcades " 6289 Highway 65 Fridley, Mn. 55432 �� �� �� �� �� �� �� �� �� �� �12.00 $12.00 $12.00 �12.00 $84.00 $12.00 $12.00 1 ,= FOR CONCURRENCE BY THE CITY COUNC{L -- LICENSES April 18, 1988 Page 2 CIGARETTE CONT. George's Restaurant Anthony G. Nicklow James P. Hill $24.00 3710 E. River Rd. Public Safety Director Fridley, Mn. 55421 Grocery Hut Ken-Ray Prop. Inc. " " � " $12.00 7899 E. River Rd. Fridley, Mn. 55432 Jet Kayo Oil Co. " " " $12.00 7600 U,niversity Ave.N.E. Fridley,� Mn. 55432 Knights of Columbus No.Air Home Assoc. " " " $12.00 6831 Highway 65 N.E. Fridley, �1n. 55432 Land 0 Lakes A& J Enterprises " " " �12.00 5500 Main St.N.E. Fridley, Mn. 55432 Liquor Warehouse Am. Amusement Arcades " " " $12.00 214 Mississippi St.N.E. Fridley, P�n. 55432 Midwest Print NSI/Griswold " " " $12.00 5101 Industrail Blvd. Fridley, Mn. 55432 Perkins Restaurant Same " " " $12.00 7520 University Ave.N.E. Fridley, P1n. 55432 Q Petroleum James P. Hill " " " $12.00 6101 University Ave.N.E. Fridley, Mn. 55432 Q Petroleum " " " " " $12.00 5300 Central Ave.N.E. Fridley, Mn. 55432 Riverside Auto Wash Inc. Randell R. OLehefske " " " $12.00 6520 E. River Rd. Fridley, Mn. 55432 Shorewood Inn Am.Amusement Arcades " " " $12.00 6161 Hwy 65 N.E. Fridley, Mn. 55432 Simer Pump ALA Carte Vending Sys. " " " $12.00 596Q Main St.N.E., Fridley, Mn. 55432 Sinclair Retail Same " " " $12.00 6071 University Ave.N.E � � FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES April 18, 1933 Page 3 CIGARETTE CONT. Sinclair Retail Same James P. Hill $12.00 6290 Hwy.65 N.E. Fridley, P1n. 55432 Strite Anderson A� J enterprises " " "� $12.00 7585 Viron Rd. N.E. Fridley, P1n. 55432 SuperAmerica #4207 SuperAm.Sta.Stores " " " �12.00 7451 E. River Rd. Fridley, P1n. 55432 SuperAmerica �4199 " " " " " " �12.00 7299 Hwy. 65 N.E. Fridley, Mn. 55432 SuperAmerica #4175 " " " " " " $12.00 5667 University Ave. N.E. Fridley, P�1n. 55432 Swings Spurette John Swingdorf " " " �12.00 6485 E. River Rd. Fridley, Mn. 55432 Target Stores Pat Brazil " " " a12.00 755 - 53rd Ave.PI.E. Fridley, Mn. 55432 Tom Thumb �141 Same " " " $12.00 315 Osborne Rd. N.E. Friclley, P1n. 55432 Unocal 76 Self Serve Union Oil Co. Of CA " "" " $12.00 5695 Hackmann Ave. Fridley, Mn. 55432 V.F.W. Post 363 Merle Sheffield " " " $12.00 1040 Osborne Rd. N.E. Fridley, Mn. 55432 The Wholesale Club Same " " " $12.00 8150 University Ave. N.E. Fridley, P4n. 55432 Wicks Furniture A& J Enterprizes " " " �a12.00 5353 E. River Rd. Fridley, Mn. 55432 CLUB ON SALE & SUNDAY ON SALE i.Fridley American Legion Same " " " $150.0 7365 Central Ave.N.E. Fridley, �1n. 55432 ' FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES April 18, 1983 Page � CLUB ON SALE b;�U�JDAY ON SALE Fridley V.F.W. Post 363 Same James P. Hill 1040 Osborne Rd. N.E. Public Safety Director Frildey, Mn. 55432 ENTERTAINMENT American Legion Post 303 Same " " 7365 Central Ave.N.E. Fridley, h1n. 55432 George's Restaurant Anthony G. Nicklow " " 3710 E. River Rd. Fridley, Mn. 55421 Knights of Columbus North Air Home Assoc. " 6831 Highway 65 N,E. Fridley, Mn. 55432 Pulaski's Or's Inc. " 6259 Highway 65 N.E. Fridley, P1n. 55432 Shorewood Inn Wm. Nickloa� " 6161 Hwy. 65 N.E. Fridley, Mn. 55432 V.F.IJ Post 363 Merle Sheffield " 1040 Osborne Rd. N.E. Fridley, Mn. 55432 FOOD ESTABLISHMENT American Legion Post 303 Same 7365 Central Ave.N.E. Fridley, Mn. 55432 Chaniclear Pizza Richard A. Kempe 6304 Highway 65 N.E. Fridley, Mn. 55432 Fina Am.Petrofina Co.of Texas 7298 Highway 65 N,E. Fridley, Mn. 55432 Fireside Rice Bowl Oliver Tam 1160 Fireside Dr. Fridley, Mn. 55432 Fridley Country Boy Country House Inc. c� 6501 Central Ave. N.E. Fridley, Mn. 55432 George's Restaurant Anthony G. Nicklow 3710 E. River Rd. �ridley, Mn. 55432 / �� �� �� �� � �� �� �� �� �� $15�.00 $85.00 �85.00 $85.00 $85.00 �35.00 $85.00 �n5.00 �45.00 $45.00 $45.00 $45.00 �,45.00 C 1= FOR CONCURRENCE BY THE CITY COUNCIL April 18, 1988 FOOD ESTABLISHMENT CONT. Grocery Hut Ken-Ray Inc. 7399 E. River Rd. Frid�ley, Mn. 55432 Jet Kayo Oil Co. 7600 University Ave.N.E. Fridley, Mn. 55432 Knights of Columbus No.Air Home Assoc: 6831 Highway 65 PI.E. Fridley, Mn. 55432 Maple Lanes Bowling Center Fridley Rec. & Serv. Co. 6310 Hwy. 65 N.E. Fridley, P1n. 55432 Pappys Foods Co. Inc. J.Keith Warner 7875 Beech St.N.E. Fridley, Mn. 55432 Perkins Restaruant #�1041 Same 7520 University Ave.PJ.E. Fridley, r1n. 55432 Pulaski's Or's Corp. 6259 Highway 65 P�.E. Fridley, P1n. 55432 Q Petroleum James P. Hill 6101 University Ave.N.E. Fridley, Mn. 55432 Q Petroleum James P. flill 5300 Central Ave.N.E. Fridley, Mn. 55432 Ron's Ice House R�L. Holum 7989 P1ain St.N.E. Fridley, Mn. 55432 Shorewood Inn Wm.Nicklow 6161 Hwy. 65 N.E. Fridley, Mn. 55432 Sinclair Retail �22038 Same 6071 University Ave.N.E. Fridley, �1n. 55432 Sinclair Retail #22005 Same 6290 Highway 65 N.E. Fridley, Mn. 55432 -- LICENSES Paqe 5 �45.00 � $45.00 $45.00 $45.00 $45.00 �45.00 �35.00 $45.00 $45.00 $45.00 $45.00 �45.00 $45.00 = FOR CONCURRENCE BY THE CITY COUNCIL April 18, 1988 FOOD ESTABLISHMENT�CONT. SuperAmerica #4207 Same 7451 E. River Rd. Fridley, btn. 55432 SuperAmerica #4199 Same 7299 Highway 65 t�.E. Fridley, P1n. 55432 SuperAmerica #�4175 Same 5667 University Ave.N.E. Fridley, P1n. 55432 Swings Spurette John Swingdorf 6435 E. River Rd. Fridley, Mn. 55432 Target Stores Pat Brazil 755 - 53rd Ave.PJ.E. Fridley, P•1n. 55421 Tom Thumb Tom Thumb Food Mkt. 315 Osborne Rd. P�.E. Fridley, P1n. 55432 l3nity 1�ledical Center Unity Hospital 550 Osborne Rd. Pl.E. Fridley, P1n. 55432 Unocal 76 Self Serve Union Oil Co.of Ca. 5695 flackmann Ave. Fridley, Mn. 55432 V.F.W. Post 363 Merle Sheffield 1040 Osborne Rd. N.E. Fridley, Mn. 55432 The 6•Jholesale Club Same £3150 University c�ve. N.E. Fridley, P1n. 55432 FOOD VEHICLE Ron's Ice flouse R.L. Holum 7989 Main St.N.E. Fridley, htn. 55432 HOTEL, MOTEL -- LICENSES Page 6 $45.00 � $45.00 $45.00 $45.00 �45.00 �45.00 $45.00 �45.00 �45.00 $45.00 $75.00 ,�unliner Motel Eugene Kreuzkemper Richard Larson 6881 Highway 65 N.E. Fridley, Mn. 55432 $195. � ' FOR CONCURRENCE BY THE CtTY COUNCIL -- LICENSES � April 18, 1938 Pa9Q 7 OFF SALE BEER Jet � Kayo Oil Co. James P. Hill $60.00 7600 University Ave. N.E. Public Safety Director Fridley, Mn. 55432 SuperAmerica �4175 Same " 5667 Univers�ity Ave.N.E. Fridley, Mn. 55432 SuperAmerica #4199 Same " " 7299 Highway 65 N.E. Fridley; P1n. 55432 SuperAmerica �4207 Same " 7449 E. River Rd. Fridley, P1n. 55�32 Swings Spurette Same " 6435 E. River Rd. Fridley, Mn. 55432 Tom Thumb #141 Polka Dot Dairy, Inc. " 315 Osborne Rd. PJ.E. Fridley, P1n. 55�32 ON SALE BEER 11 II �� �� �� �� �� �� $60.00 �60.00 " $60.00 $60.00 �60.00 Knights of Columbus North Air Home Assoc. James P. Hill 5325.00 6II31 Highway 65 N.E. Public Safety Director Fridley, P�n. 55432 ON SALE LIQUOR A��D SUNDAY ON SALE �ireside Rice Bowl Oliver Tam James P. Hill $7,000.00 1160 Fireside Dr. PJ.E. Public Safety Director $200.00 Fridley, Mn. 55432 I�aple Lanes Bowling Center Fridley Rec.& Serv.Co. " " "$6,000.00 6310 Highway 65 N.E. $200.00 Fridley, Mn. 55432 Sandee's Restaurant Braam Investments Inc. " " " $6,000.00 6490 Central Ave.N.E. $200.QQ Fridley, P�n. 55432 Stuart Anderson Cattle Co. ARG Enterprises, Inc. " " " �8;000.00 Restaurant $200.00 5696 University Ave. N.E. Fridley, P1n. 55432 Shorewood Inn Wm. Nicklow " 0161 Higha�ay 65 PI.E. Fridley, Mn. 554�32 " " $8,000.0 5200.0 F � FOR CONCURRENCE BY THE CtTY COUNCIL ' April 18, 1988 ON SALE LIQUOR AND SUNDAY ON SALE -- LICENSES a Ground Round The Ground Round Inc. James P. Hill $8,000.0 5277 Central Ave.N.E. Public Safety Director $200.0 Fridley, P1n. 55432 .fT.R.McCoy's T.R.McCoy's Inc. " 7850 University Ave.N.E. Fridley, Mn. 55432 George's Restaurant Anthony G. PJicklow " 3710 E. River Rd. Fridley,i P�n. 55421 ON SALE LIQUOR (One �lonth Only-Pro Rated) Pulaski's Or's Corp. " 6259 Highway 65 N.E. Fridley, Mn. 55432 PRIVATE GAS PUMP Gustavson Grinding Inc. Floyd Gustavson Richard Larson 7410 Central Ave.N.E. Fire Inspector Fridley, P1n.55432 REFUSE HAULER Beckers Sanitation Ronald Beckers 19447 Baugh St.P1.4J. E1 k River, P-1n.55330 Pletro Refuse, Inc. Wm.T. Butler 8168 1�. 125th St. Savage, Mn. 55378 RETAIL GASOLINE " " $8,000. $200. " " $9,000. $200. m Bill Johnson Standard Willis D. Johnson Richard Larson 5311 University Ave.N.E. Fire Inspector. Fridley, P1n. 55432 Fina Am.Pet. Co.of Texas Richard Larson 7298 Highway 65 N.E. Fire Inspector Fridley, Mn. 55432 Fridley Country Boy Country House Inc. " " 6501 Central Ave.N.E. Fridley, Mn. 55432 Jet 7600 University Ave.N.E. Fridley, Mn. 55432 Q Petroleum 6101 University Av:�N.E. Fridley, Mn. 55432 Kayo Oil Co. James P. Nill �� �� Richard Larson " $666.67 �30.00 $75.00 $75.00 $60.00 $60.00 �60.00 " $60.00 $60.00 G ' FOR CONCURRENCE BY THE CITY COUNCIL . �. Ppril 18,1988 RETAIL GASOLINE CONT. -- LICENSES Q Perroleum James P. Hill Richard Larson 5300 Central Ave. N.E. Fire Inspector Fridley, Mn. 55432 Riverside Auto l�Jash Inc. Randell R. Olehefske " 6520 E. River Rd. Fridley, Mn. 55432 Sinclair Retail #22038 Sincalir Mkt.Co. " 6071 University Ave.PJ.E. Fridley, Mn. 55432 Sinclair Retail #22005 Sinclair P�kt. Co. " 6290 Highway 65 N.E. Fridley, P1n. 55432 SuperAmerica#4207 Same " 7451 E. River Rd. Fridl ey, P1n. 55432 SuperAmerica #4199 Same " 7.�299 Highway 65 N.E. Fridley, Mn. 55432 SuperAmerica #4175 Same " 5667 University Ave.N.E. Fridley, P1n. 55432 Swings Spurette John Swingdorf " 6485 E. River Rd. Fr�idley, Mn. 55432 Unocal 76 Self Serve Union Oil Co. Of CA. " 5695 Hackmann Ave. Fridley, Mn. 55432 PRIVATE GAS PUMP Unity Medical Center Unity Hospital " 550 Osborne Rd. N.E. Friciley, Mn. 55432 SOLICITOR(PEDDLER) m n m �60.00 $60.00 $60.00 $60.00 " $60.00 " $60.00 � � $60.00 " $60.00 �60.00 " $60.00 The Flower Shoppe P1ary Lou Box James P. Hill 8484 Central Ave.N.E. Public Safety Director Sp.Lk.Pk.,P1n.55432 Nortel Cable TV Teresa Kurshier " 350 - 63rd Ave.P�.E. • Fridley, Mn. 55432 �� �� $60.00 $60.00 1H 11 � FOR CONCURRENCE BY THE CITY COUNCIL -- ESTIMATES ' April 18, 1988 Herrick & N�n, P.A. � 6401 University Aven�e N.E. FYidley, Mira�esota 55432 For Senrices Rendered as C`ity Attorn�y for the Month of March. 1988. . . . . . . . . . . . $ 3,925.03 Mark T�aut Wells, Inc. 151 - 72nd Ave. , S. St. Qo�ud, MV 56301 Repair of Well No. 2 and No. 7 FZNAL F,S'!'Il�1TE . . . . . . . . . . . . . . . . . . . $19,147.45 E.A. Hickok & Associates 545 Irx3ian I�bund wa�zata, NN 55391 Dsoore Lake Restaration Phase II Pmj ect #149 Paxtial Estimate . . . . . . . . . . . . . . . . . . $ 1,900.00 '?'i�A 2500 American National Rank Building St. Paul, NN 55101-1893 Repair of Carmcros Park Filtratio� Plant Project #164 Partial Estimate . . . . . . . . . . . . . . . . . . $21, 656.00 Ganmon Brothers P.O. Box 83 Rogers, NN 55374 Sprin�rook Nature C�enter Rand Im�rwenent Pr+o�ject #173 Estimate No. . . . . . . . . . . . . . . . . . . $18, 570. 02 22A crrY aF r�mr� E1�II�EEK[NG D�A1tI�TP 6431 LINIVERSITY A�TII�tUE N.E. �FRIDL�, MN 55432 D1�E: March 30, 1988 To: FDNJRABLE N�YOR and CI� �UI�IL CITY CE FRIDLEY 6431 f�1IVIItSITY AVENU� N.E. FRIDLEY, MINNE.SOTA 55432 R� DSt. No. 1 (Final) Peripd Ending: March 30, 1988 For: Mark J. Traut Wells Inc. 151 - 72nd Avenue S. st. c�a, rIN s63oi w�,r, �a SZ�TII�NP CE' W�F� C �.�14; ' y ' ;�:�!;��•7�� C�T ITF�►4 Est. Unit 4tY• 4tY• Atrount Qty. Price This Est. T o Date To Date Pull, inspect and reinstall pump Iaubber bearings 10' c olumn pipe 5' calumn pipe Shaft couplings L ine shafts 10' L ine shafts 5' 10' suction pipe 8" �c�one strainer Aligning spider B aal Bearings S tu ff ing box bushing I �ellers B cx pump pack ing Ir+peller wear rings S .S. bavl shaft S .S. Top head s�haft B awl as sanbly Water level indicator S a1db1 ast shafts ' B a� 1 ing T�t gi� (cantract) D isinfecting T�t pu� (owner) 1 33 33 1 33 33 1 1 1 33 12 1 12 1 12 1 1 1 1 1 1 1 1 1 $2,200.00 7.70 150.70 1?�0 .60 9.60 83.25 65.10 99. 00 54. 50 22. 30 19. 25 8.80 62. 70 90. 00 61. 60 250 .00 200 .00 3,450.00 45. 00 1,060.00 985.00 950.00 125.00 76. 00 1 32 10 1 1 3 1 1 1 1 0 1 0 1 0 0 1 1 1 1 0 0 1 1 1 32 10 1 1 3 1 1 1 1 0 1 0 1 0 0 1 1 1 1 0 0 1 1 $2 ,20 0. 00 246 .40 1,507.00 120 .60 9.60 249 .7 5 65.10 99. 00 54. 50 22.30 0.00 8.80 0.00 90.00 0.� 0. 00 200 .00 3.450.00 45. 00 1.060.00 0.00 0.00 125.00 76.00 i'�l $9,629.05 sun�: Orig inal contra�ct anaint Cantract additions - cY�ange order nos. Contract deductions - ciaryge order nos. Revised o�ntract anount value co�leted to c3ate SUB TO'rAL Am�unt retaine3 (10$) (5$) Less amount paid pr�viously . AMOUNr DUE ZiiIS FSTIMATE CERTIFICATE CF '�iE tJONPRAC'I'OR $20,463.65 0 .00 0 .00 0.00 9,629.05 9,629.05 0.00 0.00 $9,629.05 I he reby certify that the work performed and the materia7.s supplied to date undcr terms o� the oontract for the refer�ce project, and all authorized Ghanges thereto, have aci actual value under the contract o� the anaunts shown cn this estimate (arrl the final quantities o� the final estimate are correct), and that this �timate is just ar� correct and no part af the "Amount Due This Estimate" has been received. B�G�v�,%' ivzG�-w1 D at e�`��-`�S� Contractor's Authorizec3 Representative (Title) CERTIFICATE CF' �iE F1JQI�ER I hereby certify that I have pre�ared or �camined this �ti.mate, and that the contractor is aititled to payment of this astimate under the contract for reference project. CITY CF FRIDLF�, IDSPFCTOR � / , .l , � L.�.t` - � - -. �� ��'ti � � , ' ,/.�. , � 3/6/20/6 Date�—i� `�i Respectfully S�bmittec7, City of Fridley BY G. Flora, P.E. � irector of Public Works 22B March 30,1988 City of Fridley WFLL 1�D . 2 . �;�M . 4 � 4,I M�i��y; �!f��� ; This is t� oertify that it ems of the wo rk shown in the st atement of wo rk certified herein have been actually furnished and done for the above mentioned projects in accordance with the pla�s and sp�cifications heretofore approved. The final contract cost is $9,629.05 and the final gayment of $9,629.05 for the improvement project would �over in full, the contractor's claims against the City fAr all labor, materials and other w�ork done by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. M�t �1UT WELi�S 7NC. ��/ d✓CLZ,�i�i -'�� 1/� ��1c S''�-c"� Contractor l�resentative (Title) B1Q/ts 3/6/4/9 � 22C March 30, 1988 To; Public Works Director City of Fridley ; �+�� ;� �,� �►; � `+' ?�t� �,� ��;7 4 � ; n �► �l� ►.� vi' :���� �� ��� We, the undersigned, Y�v�e inspected the abave mentioned project a1d firyd that the w�ork xequirecl by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. AJ.so, the work for which the City feels the contra�ctor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recrnanend to you that the City �prove the attached FINAL ESTIMATE for the contra�ctor. /� :z� (J � Ralph Volkiren, Public Works Superinterrdent :��.�`��� �- ��� Crntractor Representative, (Title) aN/ts 3/6/4/10 22D crrY cF r�r� PiBLIC WORKS DEPARTMENP EI�II�EEI�NG DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55932 March 30, 1988 iionorable Mayor a�d City Cwncil City � Fridley c/o Nasim M. Qureshi, City Manager 6431 University Avenue N.E. Fridley, MN 55 432 Couryc il Members : y .�M ; 4 � 4.� �.H ��� .� We hereby suLmit the Final Estimate for Well No. 2 I�rovements for Mark Traut Wells Inc., 151 - 72nd Avenue, St. Cloud, MN 56301. We have viewed the worfc �der contract for the construction of Well No. 2 Improveinents and fir�d that the same is substantially canplete in accordance with the contract documents. I�comanend that final payment be made upon acceptance o� the w�ork by your Honorable Baly. Respectfully submitted, ohn G. Flora Public Works Director BIQ/ts 3/6/4/11 � -•.. a. . ��.,L.ia p I � . 1 - -• • ��� :l�: 1 ' ��_,r.. 22E 22F crrY aF r�mr� E1�II�EERING D�AR'!.� 6431 IJ1aVII2SITY AVF�IUE N.E. FRIDLFY, MN 55�i2 Date: TOe HUN�DRABI,E MAYOR a�3 Q�lY �UNCIL CITY CE FRIDL� 6431 I]NIVERSITY AVENUE N.E. FRIDLEY, MINNF�SO►rA 55432 P�ril 4, 1988 R� Estimate N�. 1 (Firral) Per iod E►�dirg : April 4, 1988 For: Mark Traut Wells Inc. 151 - ?2nd Avenue S. st. cloua, rn� s63o1 WEGL #7 STATFFI�Nr CF' W�Ii�C CON1.'RALT ..�H•, CANrRACT ITIIri E'.st. Unit Qty. Qty. Am�unt Qty. Price This Est. To Date To Da�e Pull, inspect and reinstall putnp l�bber bearings 10' c alwm pipe 5 ' c olum� pipe Shaft couplings L ine shafts 10' Line shafts 5' 10' suction pipe 8" cone strainer Alignirig spider Bavl bearings St�uffing box bushing S .S. bearing B c�c PumP Fack ir�9 Ir�peller wear rings pack ing box S .S. baal shaft S.S. top head shaft B aal assanbly Water lev�el indicator Saidblast shafts Bailing Test pump (cantract) D isinfecting Test pum�p (owner) Dtm� oontainer 1 11 11 1 11 11 1 1 1 11 4 1 10 7 1 1 1 1 1 1 1 1 1 1 1 $1,564.00 7.70 183.76 294.16 5.68 63.57 52. 00 99. 00 54. 45 22.33 22. 00 8.80 38.00 66. 00 189 .00 150 .00 175 .00 2,465.00 40. 00 310 .50 730.00 1,915.57 125 .00 76. 00 165 .00 1 10 4 2 1 0 1 1 1 0 0 0 10 1 1 0 1 1 1 1 1 1 1 1 1 1 10 4 2 1 0 1 1 1 0 0 0 10 1 1 0 1 1 1 1 1 1 1 1 1 $1,564.00 77. 00 735.04 294.16 5.68 0. 00 52.00 99. 00 54. 45 0. 00 0.00 0.00 380.00 66.00 189 .00 0.00 175.00 2, 465 .00 40.00 310.50 730.00 1.915.57 125.00 76.00 165.00 �p►rp�, $9 •518.40 scr��r: Original contract anount Contraict additions - charige order nos. Contract deductions - c harx�e order nos. R�vised oontra�t amaant Value completec3 to date St3B �TAL Amwnt retained (10$) (5$) Less amount paid previously ANKXJNr DUE THIS ESTIMATE . __;�� _� • ► a� � • -_.________� $11,445.27 0 .00 0 .00 0.00 9,518.40 9,518.40 0.00 0.00 $9,518.40 I h�ereb� certify that the w�orfc perforn�ed azd the materials svpplied date under t�rn�s of the contra�ct for the reference project, and all authorized changes thereto, l�ve an actual value under the oontract the amcunts shawn rn this e�stimate (arr3 the final quantities c� the � .� final estimate aze correct), and that this estimate i.s just a� correct and�a part of the "Anaunt Due This Estimate" has been received. c�� u� /�L , By' � '-� nate � ' �� '�b Contractor's Authorized Representative (Title) CERTIFICATE CF ZFiE II3GII�EER I he reby certify that I have preparec3 0� examinec� this estimate, and that the contra�ctor is entitled to payment of this estimate under the contract for reference project. CIZY (F FRIDLg', INSPDCTOR , �� r , Lj •� ���.r�.._ / - -. . ��� lir..,�.� 3/6/20/7 Date� � � � � S} RespectfuJly �nitted, City of Fridley � BY G. Flora, P.E. Director of Public Works 22G April 4, 1988 i City of Fridley WII�L I�D. 7 INII�RWII�IEETTPS � ��4 _� 4 R 4*� � ��4�; �t� ;, This is b� oertify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above men�ioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $9,518.40 ar� the final gayment of $9,518.40 for the improvement project would oover in full, the contractor's clai� against the City f�r all labor, iraterials and other w�ork done by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. MARK �tAL1T WELIS Il�TC. �C.c:.-�� � C�.L� (� �;�Ps �..i..� Co�tractor R�resentative (Title) Bl�j/ts 3/6/4/9 22H April 4, 1988 To: public Works Director City of Fridley ��ti��� �\ ��: \ti'?� •� �. � {' � � 1� �f �� \� 4�� ��1��4��\� We, the undersigned, have inspected the �ave mentioned project aid fir�d that the w�ork required by the contract is substantially camplete in conformity with the pla�s and specifications o�f the project. All deficiencies have been corrected by the contractor. Also, the w�ork for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we reco�mniend to you that the City approve the attached FINAL ESTIMP,TE for the contractor. 0 Ralph Volkman, Ptl�lic Works Superintendent —_ ��C/ .�z-�•-G/� `' �/— /i' •'--t"va�; �w� Crntractor l�resentative, (Title) BI�j/ts 3/6f �f 10 221 22J crrY cF �xmr� PI�LIC WDIdtS DEPA� E1�II�EERING DIVISION 5431 University Avenue N.E. Fridley, Minnesota 55432 April 4, 1988 Honorable Mayor and City Council City of Fridley c/o Nasim M. Qureshi, City Manager 6431 Una.versity Avenue N.E. Fridley, NIN 55432 Cour�cil Members: � ���4 : 4 • 4,i �+�. �iala�� We hereby submit the Final Estimate for Well No. 7 Improvements for Mark Traut Wells Inc., 151 - 72nd Avenue, St. Claud, MN 56301. We have view�ed the work imder contract for the construction of Well No. 7 Improvements and firx3 that the same is substantially complete in accordance with the contract documents. I xecommend that final payment be made upon acceptance of the work by ynur Honorable Body. Respectfully subinitted, v ohn G. Flora Public Works Director BN/ts 3/6/4J11 � � �� • �. . _. . . ,� � �, �� i « - - . . �� i �. .�, �.►,� � ' . ,