Loading...
05/19/1997 - 00001612� � THE MINUTES OF THE REGUI�AR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 19, 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:40 p.m. PLEDGE OF ALLEGIANCE: Mayor 3orgenson led the City Council and aud�ence in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PRESENTATION: Mayor Jorgenson, Councilman Billings, Councilwoman Bolkcom None Councilman Barnette, Councilman Schneider and IN APPRECIATION FOR FLOOD RELIEF HELP: Ms. Rosie Griep, Fridley Police Department, presented a plaque to Mr. Voigt of the Fridley Bus Company in appreciation for transporting volunteers to the Riverview Heights neighborhood to assist with the flood relief. The City wished to recognize their strong commitment to Fridley and its citizens. Councilwoman Bolkcom stated that she cannot thank people enough for a11 their hard efforts. A lot of people from all over the state came to help, and City staff was well prepared. She thanked everyone on behalf of the residents in the Riverview Heights area. PROCLAMIIT I ON : STUDENT FOREIGN EXCHANGE WEEK, MAY 19-25, 1997: Mayor Jorgenson read and issued a proclamation proclaiming the week of May 19-25, 1997 as Student Foreign Exchange Week. The students were made honorary citizens during their stay in Fridley. Ms. Alma Mu�ica stated that she is from Paraguay, has three sisters and two brothers. She attends Totino-Grace. Ms. Zinaida Arbekova stated that she is from Moscow, Russia and is a student at Totino-Grace. Ms. Alyona Vladimirova, from Russia, was unable to attend, as she was being inducted into the National Honor Society at Fridley High School. Mayor Jorgenson presented these proclamations to the students. They, in turn, presented flags of their countries to the City Council. � � � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, MAY 5,199�: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA; OLD BUSINESS: 1. SECOND READING OF AN ORDINANCE EXTENDING THE TELECOMMUNICATION FACILITY MORATORIUM TO DECEMBER 3L 1997: Mr. Burns, City Manager, stated that the original moratorium was approved by the City Council on December 16, 1996 for 180 days. The extension is requested to allow time for completion o£ the Charter amendment process; to allow time for completion of an ordinance and conducting neighborhood meetings to pre- approve specific sites; and to allow the City to determine whether or not it wishes to pursue ownership and operation of telecommunications facilitzes. The request for the extension has been reviewed and approved by the City Attorney. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 2. RESOLUTION NO. 39-1997 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT N0. ST. 1997-3: Mr. Burns, City Manager stated that this pro�ect is for reconstruction of the westbound ramp from I-694 to University Avenue. This is a MnDOT funded pro�ect. The Crty has retained Barton-Aschman to prepare plans and specifications through a$45,000 contribution from the Home Depot. The City will administer the pro�ect through a cooperative agreement with MnDOT. Mr. Burns stated that in order to expedite construction, staff is requesting that Council adopt three resolutions. These are to order preliminary plans and specifications; receive the preliminary report on the matter of constructing the proposed improvements; and ordering the improvement and the advertisement for bids for this pro�ect. These resolutions are rtems 2, 3 and 4 on the agenda. The City is expecting to FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 3 � advertise for the pro�ect on May 22 and open bids on June 12, with the bid award on June 23, or at the latest, July 14. ADOPTED RESOLUTION NO, 39-1997. RESOLUTION N0. 40-1997 RECEIVING THE PRELIMINARY REPORT ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJErT N0. ST. 1997-3: ADOPTED RESOLUTION NO. 40-1997. RESOLUTIDN N0. 41-1997 ORDERING IMPROVEMENT AND FINAL PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1997-3: ADOPTED RESOLUTION NO. 41-1997. 5. RESOLUTION N0. 42-1997 AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT FOR E'EDERAI� ASSISTPNCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUBGRANTEES: Mr. Burns, Crty Manager, stated that this resolution authorizes the Public Safety Director to execute a sub-grant � agreement with the State Division of Emergency Management. Under the authority of this resolution, the Public Safety Director would collect and submit all costs associated wzth the City's April flood control efforts. The Public Safety Director will also be the City's contact with the Federal Emergency Management Agency (F'EMA) for reimbursement of our costs. � ADOPTED RESOLUTION NO. 42-1997. RECEIVE BIDS AND AWARD CONTRACT FOR CENTRAZ AVENUE BITUMINOUS SIDEWALK PROJECT N0. 1994-9; Mr. Burns, City Manager, stated that bids were opened for the installation of abutments and installation of a bridge over Rice Creek to permit the Central Avenue bikeway crossinq. One bid was received for the installation from Jay Brothers, Inc. in the amount of $33,650. Two bids were received from bridge fabricators, with the low bid from Continental Bridge in the amount of $37,697. Mr. Burns stated that these two bids bring the total cost of the Central Avenue bikeway to $312,405.50. Construction is expected to begin on May 27. Staff recommends the contracts be awarded to the two low bidders. � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 4 RECEIVED THE FOLIAWING BIDS FOR THE CENTRAL AVENUE BITUMINOUS SII)EWALK PROJECT NO. ST. 1994-9: JAY SROTHERS, INC., $33,650 (ABUTMENTS FOR PEDESTRIAN BRIDGE); AND CONTINENTAL BRIDGE, $37,697 AND WHEELER CONSOLIDATED, INC., $38,085 (FOR 110 ET. BY 8 FT. STEEL PEDESTRIAN BRIDGE). AWARDED THE CONTRACTS TO JAY BROTHERS, INC. IN TIiE AMOLR3T OF $33,650 FOR THE ABUTMENTS FOR THE PEDESTRIAN BRIDGE AND TO CONTINENTAL BRIDGE IN THE AMOUNT OF $37,697 FOR AN 110 FT. BY 8 FT. STEEL PEDE5TRIAN BRIDGE. 7. RECEIVE BID5 AND AWARD CONTRACT FOR 1997 STREET IMPROVEMENT (SEAI,COAT) PROJECT N0. ST. 199�-10: Mr. Burns, City Manager, stated that three bids were received, and the lowest bidder was Allied Blacktop in the amount of $110,177.01. This year's sealcoating program is scheduled to occur on the west side of University Avenue between the Columbia Heights border, Mississippi Street on the north, and the railroad tracks on the west. The City will also be sealcoating streets in the Fridley Business Center located south of I-694 and west of the railroad tracks. Mr. Burns stated that the low bid is adequately covered by the $160,000 budgeted in the 1997 street capital improvement program. � RECEIVED THE FOLLOWING BIDS FOR THE 1447 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 1997-10: ALLIED BLACKTOP, $110,177.01; ASTECH CORPORATION, $119,447.15; AND BITUMINQUS RQADWAY5, $131,418.23. AWARDED THE CONTRACT TO THE LOW BIDDER, ALLIED BLACKTOP IN THE AMOUNT OF $110,177.01. 8. APPROVE CHANGE ORDER NO. 2 TO WELL NO. 12 DESIGN AND CONSTRUCTION PROJECT N0. 293: Mr. Burns, City Manager, stated that this change order is for $14,349 to provide for the installation of automated monitoring systems that will allow remote back washing of filters at the new plant. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. APPROVE CHANGE ORDER NO. 3 TO 1996 STREET IMPROVEMENT PROJECT N0. ST. 1996 - 1& 2: Mr. Burns, City Manager, stated that a number of unexpected changes to the 77th Way portion of the pro�ect were recently identified. These changes include the relocation of additional hand holds for the signals at 77th Way and East � River Road; irrigation system repairs needed to accommodate extensive grade changes along 77th Way; top soil and sod repair associated with these first two items; addrtional � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 5 milling of bituminous roadway in the area disturbed by pipe �acking on the east side of the railroad tracks. The cost for these changes is $15,276. There will be another change order for the additional asphalt used on the east side of the tracks. All of these changes are reimbursable from MSA funding. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULF.R AGENDA. 1Q. APPROVE LETTER OF SATI5FACTION BETWEEN THE CITY OF FRIDLEY AND PARAGON CABLE RELATED TO THE CABLE TELEVISION TRANSFER OF OWNERSHIP: Mr. Burns, City Manager, stated that this agreement establishes a payment of $4,414.17 as Paragon's reimbursement for costs incurred by the City at the time of the transfer of ownership from Houston Industries to Time Warner, Inc. This amount covers all the City's outside legal fees but no� staff time and advertising expenses. At the time of transfer, June, 1995, Paragon contended that their five percent franchise fee satisfied their obligation for these costs. Staff recommends Council's concurrence with this settlement. ' THIS ITEM WAS REMOVED FROM THE CONSEIVT AGENDA AND PLACED ON THE REGULAR AGENDA. 11. RESOLUTION N0. 93-1997 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 1997: Mr. Burns, City Manger, stated that the starting time for conference meetings was changed from 7:30 p.m. to 7:00 p.m. This resolution official amends the time of these meetings. ADOPTED RESOLUTION NO. 43-1997. 12. ESTABLISH A PUBLIC HEARING FOR JUNE 9, 1997, FOR VALLEY Mr. Burns, City Manager, stated that the proposed hearing is for June 9, 1997. After performing background checks the Police Department has found no reason to ob�ect to the license. SET THE PUBLIC HEARING FOR JUNE 9, 1997 FOR AN INTOXICATING LIQUOR LICENSE FOR VALLEY CREEK, INC. ' � � � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 13. ESTABLISH A PUBLIC HEARING FOR JUNE 9, 1997 AMENDMENT TO SECTION 7.02 OF THE FRIDLE 14 e PAGE 6 ON A PROPOSED CITY CHARTER Mr. Burns, City Manager, stated that the proposed hearing is for June 9, 1997. This amendment replaces the existing 16 mill limitation on property taxes with new language that ties these limits to the Consumer Price Index. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 79313 THROUGH 74586. 15. LICENSES: APPROVED THE LICENSES A5 SUBMITTED AND AS ON FTLE IN THE LICENSE CLERK'S OFFICE. 16. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: kichmar Construction Inc. 7776 Alden Way, N.E. Fridley, MN 55432 Water Treatment Plant No. 3 Pro�ect No. 293 Estimate No. 9 . . . . . . Thomas & Sons Constructlon, Inc. 13925 Northdale Blvd. Rogers, MN 55374 1996 Street Improvement Pro�ect No. ST. 1996 - 1& 2 Estimate No. 8 . . . . . . . . . $114,087.12 . . . . $ 23,038.64 No persons in the audience spoke regarding the proposed consent agenda items. Councilwoman Bolkcom requested that Items l, 8, 9 and 10 be removed from the consent agenda. Councilman Schneider requested that Item 13 be removed from the consent agenda. L� FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 7 MOTION by Councilman Schneider to approve the consent with the exception of Items 1, 8, 9, 10 and 13. Councilman Barnette. Upon a voice vote, all voting Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: agenda items Seconded by aye, Mayor MOTION by Councilwoman Bolkcom to adopt the agenda with the addition of Items l, 8, 9, 10 and 13 from the consent agenda. Seconded by Counczlman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: RECEIVE PETITION NO. 2-1997 RE: ALDEN WAY PROPERTY: Councilwoman Bolkcom requested that Council receive a petition from homeowners concerning rental property at 6421 Alden Way. She requested that the City Manager and Public Safety Director investigate the concerns of these homeowners and advise them what actions tihe City can or cannot take to correct this situation. MOTION by Councilman Barnette to receive Petition No. 2-199� � regarding rental property at 6241 Alden Way. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. PUBLIC HEARINGS: 17. PUBLIC HEARING TO AMEND SECTION 11.01 OF THE FRIDLEY CITY CHARTER REGARDING PUBLIC UTILITIES; MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8•00 p.m Ms. Dacy, Community Development Director, stated that this public hearing is to amend Section 11.01 of the Charter which pertains to public ownership and operation of utilities. The proposed amendment is to define a public utility and include reference to a wireless or other communication service. The amendment is suggested as a result of the total analysis of telecommunication issues in the City. Ms. Dacy stated that the amendment would add the following wording to Section ll.01 of the Charter: "For purposes of this section, � public utilities shall include water works, district heating systems, gas, light, power, heat, wireless or other communication services, or any other product or service the public provision of � FRIDLEY CITY COL7NCIL MEETING OF MAY 19, 1997 PAGE 8 which the City Council, by ordinance, shall determine to be in the interest of rts crtizens." This amendment would provide Council with the flexibility to pursue ownership and operation of this type of service, and it acknowledges the fact that this type of technology is growing very quickly. It also provides the legal foundation to lease exis�ing and future facilities. The proposed amendment simply clarifies a public utility and does not dictate to Council which utility it should undertake. A referendum must be passed by two-thlyds of the voters before Council can pass an ordinance to operate a utility. Ms. Dacy stated that the Charter Commission reviewed this proposed amendment and recommended approval, suh�ect to the affirmative opinion of the attorney for the Charter Commission. Staff has received a response from the Charter Commission attorney which was affirmative. Ms. Dacy stated that the public hearing is to receive comments with a first reading of the ordinance scheduled for June 9, the second reading for June 23, and an effective date of October 7, 1997. Five affirmative votes are required to amend the Charter. Mr. Peter Coyle, of Larkin, Hoffman, Daly & Lindgren, and the � attorney representing American Portable Telecom (APT), stated that he is interested in understanding, from staff's perspective, the interplay between this proposed Charter amendment and the adoption of an ordinance relating to the implementation of wireless services in the City. Mayor Jorgenson stated that the City is looking at possible placement of telecommunication devices, an ordinance change, and posszbly a referendum if the City chooses to get into the utility business. The moratoritun extension allows time for further review of this issue. Mr. Coyle stated that his client has an interest in working with the City in the adoption of an ordinance. Ms. Dacy stated that the City hired a consultant and reviewed the approaches which led to the conclusion that the City would like to pursue a site specific approach and locate these facilities on municipal land. The City is proceeding with a regulatory ordinance to implement that approach. The moratorium extension gives Council time to pre-approve the sites and to hold informational neighborhood meetings. There is a chance the moratorium can be terminated before the end of the year. Mr. Coyle asked if it was the City's intent to own communication � towers. � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 9 Mayor Jorgenson stated that this has not been determined. There is concern with the locations. The process is still developing and will be submitted to all the advisory commissions in the Crty. Mr. Coyle asked if the City currently allows the placement of telecommunication facilities on public utilities. Mayor Jorgenson answered in the affirmative. Mr. Coyle asked if the City intended to communicate with those in the market place. Mr. Knaak, City Attorney, stated that staff is working with representatives of the industry. The City is in a process now and has not made decisions. He would, respectfully, suggest that this is not the appropriate place to pin the City down because this may be changed. Mr. Coyle stated that American Portable Telecom has not been informed, and �hey are one of the players. They would like to be contacted. Also, others in the industry are not aware of the City's intention with respect to this Charter amendment. It would seem that they shou]d be involved in the process. � Councilwoman Bolkcom stated that is the reason for the moratorium. Before those in the industry are contacted the City needs to know exactly how they wish to proceed. It is not the intention to keep any information from those in the industry. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:13 p.m. ITEMS FROM THE CONSENT AGENDA: 1. ORDINANCE N0. 1096 EXTENDING THE TELECOMMLTNICATION FACSLITY MORATORIUM TO DECEMBER 31, 1997: MOTION by Councilwoman Bolkcom to receive the letter from Mr. Peter Coyle dated May 19, 1997 regarding the proposed extension of the moratorium on telecommunications towers and antennas. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Councilman Schneider stated that this is a rapidly movang industry. The time line may be important if the City is looking at this as providing a service and potentially as some revenue generation from leasing of space. � Ms. Dacy stated it is her understanding that ten to twenty percent of the population has cellular phones This expansion will � � , FRIDLEY CITY COUNCIL MEETING OF MAY 19. 1997 PAGE 10 continue to about fifty percent by the year 2005. Ultimately, there may be wireless phones in all homes. As traffic increases, so do the number of antennas. It is a situation where the industry is growing at a rapid pace, and the number of players is increasing. The antennas are here to stay and will increase, with the possibility of shorter antennas and demand to install them in a residential setting. The City should be in a position to control these antennas as demand increases in the future. Mr. Burns asked if this issue has been raised with the consultant that by establishing the moratorium the City may be miss�ng opportunities to capitalize on PC5 antennas. Ms. Dacy stated that the consultant felt the City was not losing out on anything. Ms. Dacy stated that this issue will be reviewed with the Planning Commission on Wednesday evening and then neighborhood meetings will be held for those residents in the area of potential antenna sites. Mr. Coyle stated that they wished to serve the City's residents; however, the City may be making a mistake in terms of timing. Communities have long since adopted ordinances to deal with this issue. It would be beneficial if they were to meet with staff to share ideas. Councilwoman Bolkcom stated that there is no reason why they cannot submit information to staff for review. Mr. Coyle stated that he would like to meet with Council in a work session to explain who they are and how they operate. He felt this would be more productive than mailing information to staff. A master plan sounds terrific on paper, but the City needs to realize the costs if they construct any telecommunication infrastructures. Ms. Dacy stated that the issue is not �aanting to communicate with each other. The City's consultant has talked to the providers on an individual basis, met with them initially, and requested their maps, There was concern about sharing that information_ Staff has taken the initial steps to find out the providers needs and is at the point of trying to work out things as a whole. The issue directly is the timing to decide the approach and to meet with the public and the providers. She felt the providers would be pleased with some of the sites that have been evaluated. MOTION by Councilman Barnette to waive the reading and adopt Ordinance No. 1096 on the second reading and order publication. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Sorgenson declared the motion carried unanimously. ' �� � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 11 8. APPROVE CHANGE ORDER N0. 2 TO WELL N0. 12 DESIGN AND CONSTRUCTION PROJECT N0. 293: Councilman Schneider asked if this change order was for the new filter plant. Mr. Flora, Public Works Director, stated that it was for the new plant to change to an automated back washing system. Councilwoman Bolkcom questioned why there was a change order last week and now another. The consultant knew the City's system, and this should have been included in the original contract. Mr. Flora stated that the back washing system was specified. He was not aware that the plant was laid out for a non-automated process. Mr. DeSmet, representing MSA, stated that MSA did the design work. Basically, with this chanqe order, the system would provide monitoring capabilities similar to the system provided at Commons Park. There are times the City is limited to one operator for the treatment plants. When the treatment plant was designed they tried to stay within a certain cost. However, based on staff that is available, it is probably necessary to include these items for an automated monitoring system. Mayor Jorgenson asked if these items were included in the Locke Park facility. Mr. Flora stated that they were added. Mayor Jorgenson felt that the City should have learned from this experience with the Locke Park facility. Mr. DeSmet stated that when they designed this treatment plant a conscious effort was made to stay within certain cost limitations. Perhaps they did not make it clear to staff what the operation of the facilities would entail. If the Crty had personnel that could monitor the valve operation on a routine basis, then these items would not be required. Councilwoman Solkcom stated that the City has not changed its operation. If it was so important, she cannot understand why it was not included. These items are included in the other treatment plants and should have been included in the original contract bid. Mr. Flora stated that the plant was designed so that a person must be there for this backwash process. Questions were raised about the process, and they became aware that a person had to physically be there. Sf these controls are installed this would not be necessary. ��� � L J � ERIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 12 Mr. Burns stated that there was not enough communication at the time of the design process, and this thought was not cammunicated accurately. Councilwoman Bolkcom felt that the consultant had to know the City's operations and personnel capacity. She felt that MSA should be advised that this is an issue. Mayor Jorgenson stated that she is disappointed we did not learn a lesson the first time and made the same mistake again. MOTION by Councilwoman Bolkcom to authorize change order No. 2 to Well No. 12 design and construction Pro�ect No. 293 in the amount of $14,349 with Richmar Construction, Inc. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 9. APPROVE CHANGE ORDER NO. 3 TO 1996 STREET IMPROVEMENT PROJECT N0. ST. 1996 - 1& 2: Mr. Flora, Public Works Director, stated that this change order is for $15,276 to the street pro�ect on Alden Way and 77th Way The changes include relocation of additional hand holds for the signals at the intersection of 77th Way and East River Road, irrigation system repairs due to the extensive grade changes along 77th Way, topsoil and sod to repair the landscaping in the two previously mentioned items, and additional milling of bituminous roadway to establish a competent base in the area disturbed during pipe �acking operations on the east side of the railroad tracks. Councilwoman Bolkcom stated that there were a lot of problems and a huge mess for many months. She wanted to make sure nothing in this change order had to do with the contractor. Mr. Flora stated that the contractor responsible for the pipe jacking is not included in this change order. MOTION by Councilwoman Bolkcom to authorize change order No. 3 to the 1996 street improvement pro�ect No. 5T, 1996-1 & 2 in the amount of $15,276 with Thomas & Sons Construction, Inc. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 10. APPROVE LETTER OF SATISFACTION BETWEEN THE CITY OF FRIDLEY AND PARAGON CABLE RELATED TO THE CABLE TELEVISION TRANSFER OF Councilwoman Bolkcom stated that the original statement submitted to Paragon was for $7,279.10. However, they are willing to pay $4,414.17 and not the 52,865 for staff time. � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 13 Mr. Knaak, City Attorney, stated that he has had lengthy discussions over a long period of time with Paragon regarding this statement. It was made clear that the City was not interested in anything less than the $7,000. Paragon Cable was concerned about an unhealthy precedent if they paid more than $2,500. After a long dialogue and suggestion that it would be difficult to take any proposal seriously that did not cover any of the City's out of pocket costs, an offer was made to se�tle and Paragon Cable agreed to pay for the legal fees. Mr. Knaak stated that he is comfortable in recommending that the City settle for this amount since he felt it was a reasonable resolution. The problem Paragon had with full payment is that they had never paid ln full for legal services, and Fridley would be the only City that would be paid for all legal costs. Mayor Jorgenson said that the franchise states that Paragon should pay for all costs incurred for the transfer. Councilman Schneider asked if Paragon, technically, was in default of their franchise if the City chose not to accept this settlement. Mr. Knaak stated that is an interesting question and one that the City or Paragon, if they chose, could litigate. He felt, however, � it was reasonable from a legal point of view to accept this settlement. Mayor Jorgenson stated that she believed the City will soon begin negotiating for another franchise agreement. � Councilwoman Bolkcom stated that if the City conceded there is nothing from preventing this happening again. Mr. Knaak stated that by accepting this proposal the City Council is not setting a legal precedent that would affect the City's position for future resolutions. Mr. Knaak stated that could be rewritten to precedent setting. if Council desires, the settlement letter reflect Council's opinion that this is not MOTION by Councilman Schneider to table this item and return it to the Council at staff's discretion. Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Schneider, Councilwoman Bolkcom, Councilman Barnette and Mayor Jorgenson voted in favor of the motion. Councilman Billings voted against the motion. Mayor Jorgenson declared the motion carried. ' FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 14 13. ESTABLISH A PUBLIC HEARING FOR JUNE 9, 1997, ON A PROPOSED C1'1'Y �t�-ut�rr�x Councilman Schneider stated that he would like an analysis of what this amendment means at the time of the public hearing. MQTION by Councilman Schneider to set the public hearing on this proposed amendment to Section 7.02 of the Charter for June 9, 1997. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. PUBLIC HEARINGS: 18. PUBLIC HEARING FOR THE REVOCATION/SUSPENSION OF INTOXICATING LIQUOR LICENSE FOR SHARX CLUB, 3720 EAST RIVER ROAD (WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:55 p.m. � Mr. Knaak, City Attorney, stated that there have been some items submitted to Council by the license holder and the Department of Public Safety. He requested that those items be entered into the record. Mr. Knaak stated that, based on discussions held with staff, Council, and the license holder and to have a full and complete public hearing, he requested that the public hearing be continued until the next City Council meeting on June 9, 1997. Further, that the license be continued until June 10, 1997 so as not to adversely affect the license holder at this time. � Councilwoman Bolkcom asked if testimony should be received at this time. Mr. Knaak stated that oral testimony which would require full cross examination would not be given this evening, but the opportunity would be present at the continued hearing. The documents would be accepted now, and the testimony portion of the hearing would be on June 9. Councilwoman Bolkcom asked if there was anyone present this evening who could not attend on June 9 to submit written testimony. Councilman Schneider asked if the notices published for the public hearing were, in fact, in error and people should not have been prepared to come this evening. � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 15 Mr. Knaak stated that this is, in fact, a public hearing, but this can be continued a5 long as it was legally posted. The notice given with respect to this hearing was not, in any way, in error. Councilwoman Bolkcom asked why anyone here this evening could not give oral tes�imony versus being cross examined on June 9. Mr. Knaak stated that in fairness to both the City and the license holder it is usually a good idea to provide for a hearing when people have sufficient time to be prepared and to fully present testimony. In this particular instance he knows that the license holder and others have been making an effort to fznd a resolution other than a hearing. He does not want to put the City in a position where the City was not afforded every opportunity for a full and fair public hearing. This is the reason for requesting continuation of the public hearing. The Crty and this City Council has every intention of allowing a full and complete public hearing. MOTION by Councilwoman Bolkcom to bound notebook) submitted by the by Councilman Schneider. accept the materaal (in the blue Public Safety Director. Seconded Councilwoman Solkcom stated that in order for the actual owner of � Sharx and his attorney to respond to the information, we are giving them more time to prepare Mr. Knaak stated that he believed the information is public. It is a synopsis from the Department of Public Safety on matters and instances related to that particular address. Councilman Schneider stated that the materials contain police reports and various reported activities at this given address. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to receive letters from Michael Maranda of Quality Insurance, Christine Larson, 5tephanie Cessop, Lisa Reinken, Amy Pauly, Cynthia Bobick, Christine Nunez, Mishawn Mielke, Diane Wright, David Tetzlaf£, Yvonne Davidson, and Danielle Ruether. Seconded by Councilman Schneider. Councilwoman Bolkcom stated that the ma�ority of these letters are from employees of Sharx. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. � MOTION by Councilwoman Bolkcom to continue the public hearing on the revocation/suspension of intoxicating liquor license for Sharx Club to June 9, 1997. Seconded by Councilman Barnette. � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 16 Councilman Billings asked if there would be a problem with hearzng anyone who wished to speak tonight that was not a direct employee or agent of the City or petitioner to allow the people here from the public to speak so they would not have to return on June 9. Mr. Knaak stated that he would not recommend it, but that all public testimony be deferred to the continued public hearing on June 9 so that everyone has a full and equal opportunity to present their case. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTIQN, Councilwoman Bolkcom, Councilman Barnette, and Mayor Jorgenson voted in favor of the motion. Councilman Billings and Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion carried. MOTION by Councilwoman Bolkcom to continue the liquor license for Sharx Club to June 10, 1997. Seconded by Councilman Barnette. Upon a voice vote, Councilwoman Bolkcom, Councilman Barnette, Councilman Billings, and Mayor Jorgenson voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion carried. Mr. Brad Martinson, attorney representing Sharx Club, expressed � ob�ections to receiving materials into the public record. This hearing is to be continued to June 9. State statute requires it be continued under the Administrative Procedure Act. This extension is sub�ect to all legal ob�ections as in court, and it requires adequate notices of the charges with adequate opportunity to respond. Mr. Martinson stated that what Council accepted as evidence is heresay and not sub�ect to cross examination. He requested that the hearing on June 9 be continued under the auspices of the administrative hearing officer. It is Sharx's position that the public record that Council has before them is so tainted that they will not be able to have a public hearsng without pre�udice. Mr. Martinson stated that he has written to the City Attorney expressing ob�ection to the notice of the hearing and the process. Mr. Knaak stated that the hearing is going to be re-opened, and the appropriate time will be given for raising these ob�ections. Receiving these mater�als is not in-appropriate, and the record will be open at the time of the hearing on June 9. He can appreclate Mr. Martinson's position and the fact that Council has been appropriately educated as to his client's procedural concerns. He requested that they be submitted in writing in time for the continued hearing on June 9, 1997. � � � � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1997 PAGE 17 NEW BUSINESS: 19. INFORMAL STATU5 REPORTS: Mr. Burns, City Manager, stated that the parks services area study is an item for discussion during the conference session. Mayor Jorgenson stated that another item is the elevation of Locke Lake. ADJOURNMENT: MOTION by Councilwoman Bolkcom to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 19, 1997 ad�ourned at 9:14 p.m. Respectfully submitted, � ' `�c.,w"— �%�`"`�\ Carole Haddad Secretary to the City Council ,7� � r' '�i a C-� � �c• �, �y , ��°��t a � �� Nancy J�. Jorgen�dn Mayor