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10/12/1971 - 00017856��a i, THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING O�' OCTOBER 12, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. Mayor Kirkham called the Special Public Hearing Meeting of October 12, 1971 to order at 7:45 P.M. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Breider, Kelshaw, Kirkham MEMBERS ASSENT: None ADOPTION OF AGENDA: MOTION by Councilman Harris to adopt the Agenda as presented. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. PUBLIC HEARING ON CONSIDERATION OF THE ADOPTION OF AN ORDINANCE AUTHURIZING THE CITY TO ISSUE A FRANCHISE FOR THE ESTABLISHMENT OF CABLE TELEVISION FACIL2TIES WITHIN THE CITY OF FRIDLEY: Mayor Kirkham said that the ordinance handed out to the audience represents only a fa.rst rough draft and is not necessarily the ordinance that may be passed. The puxpose of this hearing is to get the input from all those interested. Councilman Harris said that in looking over the ordinance, he did not notice anything that explains that if this ordinance is in conflict with the Frderal Communications Commission, the regulation by the FCC will supercede. The City Manager said that is covered in Section 10, Page 6, paragraph H. Mayor Kirkham suggested that the ordinance be taken section by section, with the comments directed at the specific section under discussion. Section l. General Provisions Section 2. Authoritv to Grant Franchise or License Section 3. Use of Telephone Facilities Section 4. Uses Permitted by Company Section 5. Payment to the Ca.ty Mr. Jon Shafer, Independent Consultant on Cable Television, said that he had attended a meeting with the educational representatives, the library and the City Manager. He has been asked to make any comments that he feels might be needed in regard to any changes. In Section 5, he felt the sentence should be added: "The City may also designate a portion of the funds received from local origination." This could be inserted after the word "thereof" in the first paragraph. � � � � � � SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 2 �� This section of the ordinance is identical to Eloomington's with the exception of that sentence. This would be for the City government or other puhlic institutions. The City Manager said this was considered a policy decision. The Council does have control of the budget and can designate funds for whatever use the Council deems necessary. Mr. Shafer said the advantage of hauing this sentence would be if the municipal supervisory expenses should not amount to So or $2500, then the remainder might revert to the cable company, this would at least be a consideration. Councilman Breider asked if he was speaking of, if payment is not made, how would it be collected� The City Attorney said as to a payment not made to the City, in Section 7 there is a$50,000 bond required and if payment is not made, or the company is delinquent in any way, the money would be taken from that. This consideration does not logically fall in this section and he would agree that this is a matter that should be budgeted by Council and should not be ear-marked, but ought to come £rom the general budget. ' Section 6. Audit Mr. Son Shafer questioned whether it might not be wise to add that "gross operating receipts" include both expenditures and revenues. The City Manager said that gross operating receipts is defined in Section 1 and does not include expen- ditures. The City Attorney said there is an advantage in having this information filed, but not for this section. This section determines the amount to be paid to the City and is based on gross operating revenue. Mr. Shafer asked if it was covered in another section and the City Attorney said yes. Section 7. Securitv for Performance Section 8. Acceptance Fee Councilman Breider asked when the "first year" is determined; from the time of the start of construction, the time of awarding the franchise, or when? He was also concerned what if Fridley should get into some type of litigation, it could cost a considerable amount of money and would $25,000 be sufficient? The City Attorney said this is an outright payment to the City and there is no requirement Por the City to detail the amount of administrative expense, and none would be given back to the company. The $25,000 figure was arrived at, using the amount other communities have used. Ae would assume the "first year" would be from the time the franchise is granted. Section 9. Duration of Franchise or License Mrs. Barbara Hughes, Anoka County Library Board, saa.d she would strongly urge if a franchise is awarded, that it be for a shorter period of time than 15 years. We are at the threshhold of an entirely new technological field of communication and this makes it very difficult to predict what the possibilities might be. Mr. Shafer said he would support Nlrs. Hughes' request and his recommendata.on would be for 10 years. His reasons are that basically, cable television is a rapidly changing field and even with foresight, there will be changes, and perhaps diffi- cult to incorporate into an existing franchise. The FCC has proposed that a 15 year franchise is the maximum amount o£ time they would recommend. This is covered in their letter o£ intent, and while there may be chanqes be£ore it goes into effect March lst, he did not think that this recommendation would be changed. Ae felt in the future there would be shorter franchises given. The companies say 15 year franchises are the shortest amount o£ time they would have to recoup their investment, but they may not have any alternative. 1� .� SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 3 Mr. Steve Schoen, Telecommunications, Inc., P.O. Box 10727, Denver, Colorado, said the FCC did a study on the question of the length of franchises, and they felt that considering the capital investment, 15 years was a fair and equitable amount of ta.me for a company to get back their investment. This 15 years is considered to be a minimvri. He questioned if the ordinance contained revocation rights if the company is not functioning as it should. If a company is not producing, then that particular company should be sub7ect to investigation and possible revocation of their license, The City Attorney said at least two other sections in the ordinance make reference to the City being able tb amend the franchise ordinance and xequire the applicant to update their equipment, and to keep up with the state o£ the art. Awarding a franchise does not mean that fos 15 years the system would remain static. Councilman Liebl asked Nlr. Shafer what qualified h1m to speak as an expert in this field. Mr. Shafer said that he was speaking at the invitation of the City Manager. He had attended graduate school at the University and his involvement in communi- cati�ns goes back to a year ago. For approximatelp nine months he said he has spent full time on cable television matters and has been building up his files. He is currently supporting himself by doing consultant work in cable television. He added that the FCC letter of intent is quite specific in saying 15 years is a maximum and any reading of that as meaning a minimum is extremely hazardous. Councilman Liebl asked if Mr. Shafer's spending that amount of time with cable television qualifies him to give his advise to the Council. Mr. Sha£er said the Council will have to �udge the quality of his remarks. The municipality is beinq asked to make a deca.sion about cable television and people such as the City Manager are very busy and cannot devote their full time to the question. Councilman Liebl asked i£ he would designate this function as a busa.ness or a service. Mr. Shafer said, in his opinion, service is primary. In his opinion, cable television is very much like an iceberg. Only the tip is showing and no one can foresee what changes in our way of life will come from it. Having 40 - 80 channels with a two way communication capability will decrease our dependency on transportation. As an example, it may become possible to do your bankinq fxom the home, or get library material without leaving the home. The coming of cable television will bring about as extensive a change in life style as electricity. The City Manager said he would give some explanation why it was felt the 15 years should be the length of the franchise. It would actually be only about 13 years as it would take lz to "t years for the system to become operational. The City did not want to make the ordinance so restrictive as to discourage applicants from submitting a proposal. St was felt they should be given 15 years to recoup their investrnent. As to upgrading the system during the term of the franchise, he said he looked to private business to be competitzve enough to want to provide the highest quality of service available. It would be to their benefit to get their franchise renewed at the end of the 15 years. To remove all their equipment because of bad performance would be extremely expensive and they would surely want to continue. He pointed out the phone company has had a franchise for many years, yet they are constantly updating their service as new technology becomes available. 10_ Limitations of Eranchise or License � � � � � � SPECIAL FUBLIC HEARING MEETING OF OCTOBER 12, 1971 Section 11. Rights Reserved to the City PAGE 4 �� r � A member of the audience questioned paragraph D on Page 8 and asked how the ordinance would be amended and who would inrtiate the amendment. The City AtLorney said that is dealt with specifically further on in Section 18, paragraph C. As with any other ordinance, it could be amended. A lady in the audience said in all probabxlity, it would not be changed. Councilman Breider said there is a provision in the Charter that provides that if 15a of the registered voters sign a petita.on asking for a change in an ordinance, the Council can either pass on the ordinance or submit it to the voters through a referendum. The City Attorney said on Page 16 the specific formula is shown for adding more channels if needed. Councilman Harris said that the Council can continually amend and upgrade ordinances to keep up with the times. This could be as a result of information received from other communities that are doing similar things. As an example, the snowmobile ordinance did not satisfy 3 number of people. The Admimstration was asked to contact other communities and the City was able to amend and upgrade the ordinance. As higher standards are needed, there would certainly be required amendments to the original ordinance. A lady in the audience asked if there was provided in the ordinance a public body to monitor the cable company to see if they are living up to the standards. A public utility franchise has never been revoked. What recourse would a crtizen have, and what protection is given them? The City Manager replied that the City Manager is charged with enforcement of all laws and ordinances of this City. This would be a matter of enforcing standards as laid out by ordinance. In disputes between the company and the citizen, concerning such items as non-payment of bills, this would be a private matter. Throughout the ordinance, this has been con- sistently the case. The lady said she was concerned with public access and what if someone is discriminated against and refused access to this media. Would there be a board to listen to these complaints? The City Manager said there is an appeal procedure to be gone through as outlined in Section 11, Paragraph F of the ordinance. The appeal a.s made tp the City Manager and if that citizen is dissatisfied with the City Manager's decision, they have the right to appeal to the Council and their decision is final. Councilman Breider said that Section 26 covers this discrimination she is talking about. The lady asked if there would be strict censorship. The City Manager said he believed that facet would be pre- empted by the FCC. There is a provision which states there must J�e a plan sub- mitted for a local origination program. Councilman Liebl asked if rt would be possible to provide in the ordinance for a commission o£ perhaps five members that could serve as a watch-dog. The City Attorney said this would be a possibility. Councilman Liebl asked if this would interfere with any FCC ruling. The City Attorney said no, however, if they get into some areas of screening a program, there could be some difficult situations arise. Mayor Kirkham said it would have to be done on a very broad basis. The lady said cable television would lend itself to a great many uses and there could be many different kinds of programs. The City Attorney said he did not believe there should be anyone with strict censorsha.p authority. The beauty of cable television is the broad range of interests it can present. Couneilman Liebl said that WCCO and KSTP etc. must have standards to go by, would this not apply to cable television also? The City Attorney said the content will be regulated by the FCC. Perhaps it could be regulated locally if not in conflict with the FCC. Mr. Schoen said the cable compames were considering a code which is very similar to that of broadcasting. It will probably be passed in the very near future. Mr. Shafer said in the letter of intent it states that if there is a question of liable or slander it would be the program originator or producer and not the cable company that would be J ��_,�q SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 5 responsible. For the use of the local origination studio, it would be on a first come first serve basis, and the company cannot be held legally responsible for what is said. Section 12. Requirements in Construction Councilman Liebl asked, i£ the company had to dig up a street, would there be a fee and would they have to have a permit from the City Engineer. The City Attorney said they must get a permit and they must return the right of way to the condition prior to the work the company did. If they do not, the City may do the work and charge it to them, together with a ten percent additional charge. If they do not pay it, payment is still assured through ttie bond they must post. Section 13. Future Conditions of Use Section 14. Inspection of Property and Records Councilman Harris questioned if the company is required to furnish the City with records and maps. He felt they should be furnished immediately, and should show every�hing the company has in the ground. The City Attorney said Section 14, Paragraph D makes the requirement that all maps be furnished to the City Engineer. Councilman Harris suggested that perhaps the company should notify the City 90 days in advance of work planned. There could be a situation where the City is planning on widening a street and the work should somehow be coordinated. Section 15. Removal and Abandonment Section 16. Changes Required by Public Improvements Section 17. Indemnification and Liabilitv Insurance Councilman Liebl asked if $1,000,000 for budily injury in any one occurrence was enough. The City Attorney said the requirement was $500,000 for bodily in7ury to any one person and $1,000,000 for bodily in�ury in any one occurrence. Councilman Liebl asked how much other utilities carry. The City Attorney said he did not know, but this is the most he has seen for cable television. Councilman Liebl asked Mr. Schoen if he felt that was enough and Mr. Schoen said definitely. Councilman Liebl asked if they had had any claims and if so, how much? Mr. Schoen said he knew of only one azd that amounted to about $40. Section 18. Operational Standards Councilman Breider questioned why the blank spaces. The City Manager said that Sections 18 and 19 were taken from the Bloomington ordinance. He did not feel anyone on the City staff was quali£ied to evaluate these sections. Bloomington has indicated they will be willing to work with Fridley on developing these standards. The other solution would be hiring a consultant. He pointed out Blooma.ngton has already done this to develop their ordinance. The City Attorney saa.d that when Bloomington developed their ordinance they too, had many blanks. It was left blank with the idea that the Council, the applicants and possibly someone from Bloomington or their consultant could sit down and c.vrk out the technical standards. Fridley felt they wanted to get the input from other knowledgeable sources. Councilman Breider asked on Page 15, 4[c), what is hum modulation. Councilman Liebl said that is noise. � � � � f°' �L G SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 6 � Mr. Kerth Libbey, local Attorney for LVO Cable, Inc., said that this ordinance is a very thorough 7ob in the short time that was given to draw it up and the City Manager and the City Attorney did a very fine 7ob. He poa.nted out the applicants have not seen this ordinance before today and should have an opportunity to digest it. Councilman Kelshaw and Mayor Kirkham both commended the City Manager and City Attorney on the very fine job they did in such a short time. Mr. 5hafer questioned the wording in Section 18, C on Page 16, the sixth line down, there was inserted an"or" a£ter "(MOnday-Friday)". He then read a portion of the FCC letter of intent and said that he felt that this insertion changed the sensitivity of the formula. With "ox" included, in the first instance 800 of the channels would be used on weekdays, and in the second instance, SOo of the time during any three hour period for six consecutive weeks would include weekends. This would make this formula less responsive than the FCC version and he would suggest that the work "or" be omitted. The City Attorney said he would be happy to discuss this with Mr. Shafer, but in his opinion, the inclusion of"or" makes the formula more restictive by saying that if either happens, the company must upgrade their facilities. The FCC is saying if both should happen, they must. Section 19. Technical Standards A member of the audience asked what happens if there is a breach of the franchise agreement. The City Attorney said that is provided for in the ordinance and it states that the company will ]�e given a certain number of days to remedy the cause � of the breach. The City felt that a certain time must be given them to rectify any situation. The member of the audience asked i£ they do not rectify it, would the license be revoked. The City Attorney said that is up to the discretion of the Council. Mr. Shafer questioned Section 19, E, on Page 26 and asked what factors went into the decisa.on not to set up a minimum number of channels. He felt there should be some time table set up which would determine how soon some additional channels should be added. He felt it would be wise not only to require an initial number of channels but also a time table to require the applicant to reach the total capacrty within a certain length of time. Mr. Shafer said as to Section 19, G, on Page 26, that it was his understanding there must be a second trunk line for full broad band capability, and that a dual trunk system is required, There was a case where one cable had been tried for two-way, but it had to be abandoned. Two trunks are needed, so perhaps the ordinance should specify a dual trunk. Broad band capability to return is essential or an individual would have to hand carry a tape back to the headend. Councilman Liebl asked Mr. Schoen if, to provide wide band return capability, would it double the cost. Nlr. Schoen said naturally a dual trunk would cost more, but it would not be tlouble. The cost of the cables would be double since two would be used, but the installation would be much the same. Mrs. Hughes said the library would not want to do all thea.r programming originating from the main studio. Many things would be done from a library so they would � require the broad band. The City Attorney said these figures were taken from the Bloomington ordinance and were proposed as a starting point for discussion. It has always been his intention that the system would be such that broadcasting could be done from somewhere other than the main studio. If this ordinance does limit only to telecasting from the studio, it should be changed. t� f 7 SPECIAL PUBLIC HEARSNG MEETING OF OCTOBER 12, 1971 PAGE 7 Section 20. Inter-connection � Mr. Keith Libbey, LVO Cable Inc., said that LVO does favor interconnection, however, he would like to see the words "to the extent feasible" added. It is possible that a neighboring community would Lnstall a system that would be impossible to interconnect with. The way the Fridley franchise ordinance is worded, a company would stand to lose their franchise if they did not inter- connect. There are systems that are not physically possible to interconnect, there are some that can be at great cost, and some would be easy. The City Attorney said that this section was not included in any ordinances looked at in the State of Minnesota, however, it was included in one for Chicago. This section is quite new, and if anyone Yas any suggestions on how it should be drafted, he would be happy to talk with them. Councilman Kelshaw said there were four school districts in the City of Fridley and this is definitely one of their primary concerns, along with Anoka Ramsey Junior Colleqe. He said he had met with many people until late at night on this very point. It is their feeling that if they cannot interconnect, they are very limited and would be on dangerous ground. Mr. Libbey said it is a very difficult problem and there is no way for Fridley to control what a neighboring community does. Councilman Kelshaw said it would be a good selling point to have a franchise in Fridley in dealing with a neighboring community, because of their ability to interconnect within the same system. A representative of LVO from Boise, Idaho, said that i£ a certain company did not receive the franchise for Fridley, it may be a selling point to get a franchise in another community. For instance, � Columbia Heights may not want to put into their ordinance what Fridley put in. They may not want interconnection. Councilman Kelshaw said that a company is out to make a profit and if 20% of the channels are devoted to educational use, then there are a lot of school children in Columbia Heights that go to school in Fridley, and it would seem that would be a good selling point to be able to interconnect. The representative said there was a difference of opinion within the industry rtself whether they will or will not interconnect. Mayor Kirkham said he would like to see this ordinance section left as it is. This puts the burden on the company, and Fridley wants those companies which will inter- connect. The City Manager said this is a concern of all the cities. Fridley will be setting the trend to require interconnection. This is something he felt the rest of the cities will want and could then result in a unified metro system. Councilman Kelshaw said that this is the only way he would want to see individual franchises awarded in the metro area. What good is a system to the Anoka County Library, if they cannot interconnect? Mayor Kirkham said that if some wmpanies are not willing to interconnect and one company is, then that company could end up with a monopoly in the whole metropolitan area. Mrs. Black, 389 Rice Creek Terrace, asked if it was not true that a city could not legally force a company to interconnect. Mayor Kirkham said he did not think so. The draft ordinance requires interconnection. Mrs. Black said apparently interconnection must depend on each cable television system. This is the reason people want a moritorium declared until the interaonnection is resolved. Fridley is taking a real risk on being out here all alone. Mayor Kirkham said this is the first he has heard � of any real problem with interconnection. Mr. Shafer said he must congratulate the City Manager and the City Attorney on their valiant attempt to assure interconnection, and placing the burden on the applicant, however, in his opinion and that of other people, this is no guarantee of interconnection. Fridley cannot control the neighboring communities and there ��Gy c SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 8 � is a variance of opinion within the cal�le industry. There are a few ma7or equipment suppliers and this equipment does vary consideral�ly. It is not neces- sarily �ust a matter of patching cables between two points. There is a study being conducted now sponsored by Rand Corporation that is focusing their attention on interconnection which will be ready about the end of this year. There may not be any way of guaranteeing interconnection short of micro-wave and then you are talking about a considerable cost. In that case, who would bear the cost? The problem stems from the £act that a signal starts out at the headend, and goes through a system of amplifiers. Every time rt is amplified, something is lost. Systems vary in regard to how many amplifications can be attained on a trunk line. There is actually a physicaL limrt on the cable. It is not possible to lay a cable from here to Bloomington and still maintain qualitp. Quality is not written into this section in regard to interconnection, it may be possible for two companies to interconnect, but it may not produce a receiveable picture. Mr. Robert Hinkley, General Television, Inc., said he was not a technical expert, but his people use mostly Serrold equipment and systems have been interconnected and as far as he knew, there was no problem. Mayor Kirkham asked Mr. Schoen if Telecommunications used Jerrold equipment and Mr. Schoen said yes, but not exclusively. The City Attorney said, as a practical matter, it is logical to assume that the neighboring communities will also place a strong emphasis on interconnection with Fridley, and they will probably also require interconnection in their ordinances � as Eridley is doing. i Section 21. Service Contract Section 22. Rates A member of the audience asked how the blanks would be filled in. Mayor Kirkham explained they will be filled in later after getting the feeling of the people. These rates are up to the Council. The ordinance was drafted by the Administration and they did not feel it was within theix province to suggest fees. Mr. Jerry Young, Anoka County Library, asked that the libraxy be included in Section 22, B. A member of the audience said that he £ormerly worked for Jexrold in the manufacture of Jerrold equipment. He now owns an apartment house and is concerned with that phase of Section 22. Most multiple dwellings built within the last decade have what amounts to a small cable television unit built right into the building. He said as he reads the ordinance, it seems that each unit would hook up individually. It would be a simple connection to connect onto the apartment complex, but then how is the charge to be passed on to the apartment dweller? Most apartments are wired with coaxial cable. How will the buildings be wired when they are already wired up at the time of construction? Mr. Steve Schoen said that a company's equipment may or may not be compatible � with the equipment and wiring the apartment house has. The hookup would be made to the master antennas and it would depend on what type of coa�cial cable that was used. L^Ihen they go into an apartment complex they want to ensure that the signal will be good. In a 120 � 130 unit apartment house, it may be necessary to add an amplifier at the headend, and they may not have to bother with the cables. The ri�.) SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 9 member of the audience asked how an apartment dweller could be charged who is already hooked up to the system now used. It would seem to him that the charges should be placed on the apartment owner sather than the dweller. Mayor Kirkham said this brings up a very good point and suggested he communicate his suggestions for the wording to the City Manager in writing. A member of the audience said this mentions a monthly service charge, is this the only charge? The City Manager said the charges are defined on Page 2 under Section 1. The City Attorney added that there would be one monthly charge and an initial installation charge. The City Manager said if a subscriber chose to disconnect, there could be a disconnection charge. A member of the audience asked if there would be other ways of raising revenue besides the rates charged. Mayor K�.rkham said the company could sell advertising. It was pointed out that this would generate additional revenue besides that received from the rates charged subscribers and that amount should be exempt from the fees charged to the suhscribers. Mr. Shafer said he was not that optomistic about the profits on cable television. There have been instances where a company ha5 gone broke. The prediction is that the business will pay of� in 4 to 7 years. Mr. Shafer said he had a suggested change in the first sentence of Section 22, the last sentence could be changed to read: "Maximum rates shall be set for the operation and maintenance of a CATV system are determined to be reasonable---". The wording would tighten up this sentence and make it tougher in a legal sense. His next suggestion would be that under Paragraphs A& B should be added some provision for city offices. Mr. Young has suggested that the libraries be � added. It may be that rather than stating "City Offices" it could be stated � instead "MUnicipal Structures" as it could be possible a hookup may be wanted on something other than an office building. On Page 31 there is a typographical error and "s" should be changed to "D". In thas paragraph in the last line, he felt "may" should be changed to "shall" as "may" is suggestive and "shall" is a directive. The City Manaqer said his thought in this line was that a company may want to furnish equipment at no charqe to a public body, such as the schools, and he did not want to require them to have to charge when they may make a donation. Mr. Shafer said this was a worthy consideration, but there may be some other way of wording the phrase, such as adding "unless a donation is made or facilities are made available at less than cost." Also in that paragraph is the term "actual production costs" and asked if this was specific enough. This could be interpreted to mean actual production costs including overhead etc. It is extremely difficult to determine what the actual production cost is, or how long it takes for an investment to write itself off. He continued that education, the library and the City are included, but perhaps other institutions should be included also, such as the hospital to guarantee no one is missed. Section 22 is the only section dealing with rates, so perhaps something should be said about leasing rates asked by the company. The FCC makes reference to leasing out channels and they could be leasing to someone such as the Jaycees, the Chamber of Commerce, etc. The FCC letter of intent makes mention of � inch video tape equipment and the desirable goal would be for i� inch to be used by the local origination studio. � He said he would definitely recommend a clause requiring the system to be compatible with '� inch video equipment. r; t SPECIAL PUBLIC AEARING MEETING OF OCTOBER 12, 1971 PAGE 10 � Nlrs. Hughes asked if there was any communa.cation with the hospital or the County. The Crty Manager said no, he believed the Library Board has been desiqnated as spokesman for the County. Mrs. Hughes said that the Columbia Ice Arena would be designated as a public buildang and should be a.ncluded in that category. � � A lady in the audience said as to "actual production wsts", if an organization wanted to use the local origination studio they would not have much idea how much the costs would be and could keep them from using cable television. ThiS phrase seems too vague. Mrs. Black said she understood this was to be on a first come, first serve basis, but would that not shut out a lot of the public? Mr. Shafer said the FCC letter of intent requires that £or any production time o� less than 5 minutes, the company must bear the cost, anything more than 5 minutes would be at cost. Councilman Harris said that perhaps some agreement could be worked out whereby under certain conditions, non-profit public service organizations could be given special consideration. Nir. Dick Harris asked how many channels are being talked of_ The City Manager said that for most of the progranuning, the people will be using company equip- men.t and the program will come out of the local origination channel. They will broadcast 40 - 50 hours per week a.nitially. The company will be very anxious to get organizations to put on programs to fill the local ora.gination channel cable casting schedule. 200 of the available channels would be for educational use, civic use, libraries etc. Mr. Harris said it will cost someone to transma.t these public service programs. Where does that money come from, the consumer? Mayor Itirkham said the consumer always pays whether talking about cable television, electricity or the telephone. Mr. Harris asked how much it would cost the home owner, on the average. Mayor Kirkham said the suggested price would be in the ranqe of $5 to $6 monthly. Mr. Harris asked if this would cover the cost of the 20& for the public use. Mayor Kirkham said other revenue would be derived, such as from advertising. Mxs. Hughes said the County Boasd o£ Commissionexs have asked the Library to keep an eye on cable television. It is not clear to the County how they can be served. She said she had been looking into this for some time, and has achieved a degree of competency and at this point she would urge a delay in deliberations. She did not want their suggestions to be construed as an endorsement to go ahead necessarily, they just felt that if Fridley did award a franchise, they should be ready to make their requests. Mr. Bennet�, a member of the audience said he was very disturbed at the level of this discussion. Ae would suggest that someone should be competent and said that the Bloomington consultant was not necessarily competent. A lady in the audience said in view of the comments, why rush? The matter should be tabled to allow some time to read the ordinance. Mayor Kirkham said that no one has suggested that the public hearing be closed. He intended to ask for a motion that the public heaxing be continued. Section 23. Permits, Installation and Service Section 24. Extent of Service (City Wide) x� `� SPECIAL PUBLIC HEARSNG MEETING OF OCTOBER 12� 1971 Section 25. Additional Services PAGE 11 The City Manager said in Paragraph D, l, the reason for the percentage figllYe was that they wanted to assure that as the availabie channels increases, so will the percentage for public functions. He said he would like to xeword the first line of D, l, to make it read: "The company will establish the 200 of all channels exclusive o£ dedication---". Mr. Bill Nee, 219 Logan Parkway N.E., said in Paragraph A, provision is made that all plans be submztted to the Council, but there Ys nothing said that they must be approved. Should there be? The City Attorney said this was a point well taken, the plan should be apFaroved and that wording should be in- cluded. A member of the audience asked who determines the use of the 20o public service channels, it should be more specific. Mayor Kirkham said that would be considered, Section 26. Preferential or Discriminatory Practices Prohibited A member o£ the audience asked a.f this was concerned with public access and would this be construed as included in the 200, He cjuestioned if he should run for mayor, could he qet on this system? The City Attorney said yes. A channel will be available for educational, governmental, cultural, etc. use, on a first come, first serve basis. This ordinance does provide that if a person were to run for mayor, they would be entitled to the use of this system. Section 27. Miscellaneous Provisions Mr. Bill Nee questioned the wording in the Paragraph A, '---said application to be in its opinion the one best qualified --- . He wondered if "the one" should be added since this ordinance grants a franchise to only one applicant. Councilman Harris said that this would be a non-exclusive franchise, but this franchise ordinance awards to only one company. CounciZman Breider sazd tltis is covered in Section 2, Page 3. In Section 2, it says "one or more", but since this only awards to one, maybe that should be restated. It was explained that this is a non-exclusive franahise, although this specific orda.nance would award to only one. It may be that sometime in the £uture, another cable company would want to compete. If another Eranchise is ever awarded, this same procedure would have to be gone through as with this one, with publ�.c hearings and another ordinance written and passed on first and second xeadings. Awarding this franchise in no way gaarantees the successful applicant that another company may not at some tune come into Fridley. � � Mrs. Helen Treuenfels said there were representatives from other companies interested at the time the proposals were received. The Council then said that no other proposals could be received because a time limit was set fox them to meet. It was made clear that these were proposals, not bids. The statement was made that when the time came to ask for bids and consxder a franchise, it would be opened up for everyone. Councilman Harris said he did not recall such a statement being made. They were never called bids. It was felt that a time limit was set and those three now considered did meet this limit, therefore it could not � in all fairness be extended. If there is a 5uccessful applicant, and if there is another that made a proposal ihat was not satisfied because they did not get the award, they would have the right to petition the City to say they wanted to compete with the firm that was granted the franchise. Mrs. Treuenfels asked if there was a tape of that meeting and Councilman Harris said both tapes and minutes are available. �a'' SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 12 � Councilman Kelshaw said he believed what was said was that if the Council decided they did not want to accept any of the thxee proposals, they could be re�ected and then go out for bids. There had to be a time limtt set. There is still the possiba.lity that these proposals will be re�ected and in that case the Council could go out for bids or proposals. Mrs. Treuenfels £elt that the City should be open for proposals until the franchise a.s granted. A member of the audience asked what was the purpose in inviting proposals. Mayor Kirkham said their interest was to get the best poss.ible proposal, and they wanted to see what these firms could offer Fridley. Councilman Liebl explained that when the applicants presented their proposition to the Council, each representative appeared alone at a scheduled time, as if they were all present at the same time, obviously the first man would be at a disadvantage. Fridley is asking for a $25,000 bond which should mean, if an applicant were willing to pay, that they were ready to offer service. This ordinance is not a final draPt, the Council wanted the input from the people. Mrs. Treuenfels asked i£ it was not the normal procedure to set up certain specifications and require a fircn to meet them. Councilman Bxeider said there are indications from the companies that there may be a number of exceptions taken to this orda.nance. If the comments back from the three companies are such that they do not feel they can live up to them, then the Council may go out for bids to see who can m�et them. The decision has not actually been made yet whether to go cable. A member of the audience said that may be compared to taking the best features of a Plymouth and a Chevro- let, combining them, and saying this is what we want. 5ome companies may be � automatically eliminated. Councilman Harsis said thexe were two ways of approaching this matter, one was to sit down with a consultant and develop the criteria Fridley wanted to see who could meet �.t, or to do as was done, offer to receive proposals and give every company the opportunity to give their best shot. If they were in open competition, they would nat�xally want to give the best they had to offer. If criteria were set out and no one could meet rt� then time and money would have been wasted. On the other hand if the standards were too la�c and everyone could meet it, Fridley may not end up with the best possible system. A member of the audience asked what is being done to see if the peop7.e of Fridley want cable television. Mayor Kirkham said this is not something every person has to have, you have a free choice. If a franchise is awarded, it is up to the eompany to entice subscribers. If a person is happy with the channels they now have, fine, stay with them. Nlr. Doyle Mullin said there are some that believe that an electro-magnetic field is a natural resource and not to be handed out to private companies. This, he felt was a very serious consa.deration. What if the Council were to find out the people in Fridley did not want cable television. Mayor Kirkham said this is the reason for the hearing, and Councilman Liebl added there were over 29,000 people in Fridley and this Council represents them all. A member of the audience said he did not feel qualified to even talk about this � ordinance, This is an ordinance clrawn up without the benefit of a consultant. Who is to �udge the technical areas? Councilman Liebl asked if he would advise that the Council hire a consultant with the people's tax money for private enterprise? Many of the audience responded "yes:" v � .�_ SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12� 1971 Section 28. Redress PAGE 13 A member of the audience questioned line 6: "---necessary to repeal this ordinance; ---" and asked if rt would be repealing an ordinance or a£ranchise. The City Attorney said it would amount to one and the same. Under the terms of the Charter a franchise must be awarded by an ordinance. Section 29. Procedure unon Termination Section 30. Violations A member of the audience asked why the last part of the sentence on Page 37 was necessary. The City Attorney said this was a good point and probably ought to come out, since if a second Pranchise was awarde$, there would have to be another ordinance anyhow. Section 31. Applicable Laws Section 32. Severability Section 33. Effective Date Councilman Harris said, in conclusion of the hearing, there has been good input from the people of the community and £rom those to prova.de the service. There have been some questions raised that are not answered yet, and not everyone has had a chance to review this ordinance, that perhaps would like to. He would suggest continuing the hearing to November lst and ask those submitting proposals to draft their ideas, criticism etc. and submit them to the City Manager before October 27th. Ae also asked any of those interested citizens in the audience to draft their suggestions and submit them to the City Manager before that date. There may be new questions that occur to people and they could be included. If they are in the hands of the City Manager by October 27th, this will gave the staff time to consider how to fit any changes into the ordinance. MOTION by Councilman Harris to continue the public hearing on the cable television franchise ordinance to the Meeting of Novemher l, 1971. Seconded by Councilman Kelshaw. Councilman Hreider said he would like to have it continued to the second meeting in November which is the regularly scheduled public hearing night. It would be hard to give a matter such as this attention at a regular meeting, because of the amount of regular business that is necessary then. Councilman Harris said that his understanding was that there was not too heavy a load £or the first meeting in November. If the public hearing was continued to November Sth, this would only allow a few days before it would again come back on November 15th. This amount of time would not be enough to get additaonal input that might come from that meeting. If it was held the first meetirg night, there would be ample time for input. Councilman Breider said it would not necessarily have to come back on the 15th, enough time could be allowed as the Council authorized. Councilman Harris said true, but he did not want to find themselves in the position of continually tabling the ordinance and then having to re-advertise. The applicants have made their proposals in good faith, and this would still give them two opportunities to provide additional information. Councilman Breider asked the applicants if 15 days was enough time to analyze the ordinance and get their comments back. � �� � LI ,y � �� �- 5PECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 14 � Mr. Libbey said he did not see any reason to hurry and he agreed with Councilman Hreider. There should be full opportunity for study. He said he could not speak for the people of the company, on whether 15 daps would be enough, but surely Fridley would get better answers if there was more time. MOTION AMENDED by Councilman Breider to continue the public hearing on the ordinance to the meeting o£ November 8, 1971. Mayor Kirkham called for a second to the amendment, received none, and declared the AMENDMENT DIED FOR ZACK OF A SECOND. THE VOTE upon the mota.on, being a voice voLe, Kirkham, Liebl, Harris and Kelshaw voting aye, Breider voting nay, Mayor Kirkham declared the motion carried. RECESS: Mayor Kirkham declared a recess at 10:36 P.M. The Meeting was reconvened at 11:05 P.M. PUBLIC HEARING ON VACATION (SAV #71-OS) OF A SIXTY FOOT WIDE PUBLIC STAEET, UTILITY AND DRAINAGE EASEMENT GENERALLY LQCATED SQUTH OF GARDENA AVENUE AND WEST OF GRACE HIGH 5CHOOL: (MATTERHORN DRIVE) The City Engineer showed the area on the overhead pro7ector and said the proposed � vacation would re-align Mat�erhorn Drive to the west, as the church has changed their plans. The City would have to get an easement back for a water line up to Gardena Avenue. The St. Paul Archdiocese has been given appropriate documents for their signatures. Mayor Kirkham asked if there was anyone present that wished to speak. A resident said he lived on Tennison Drive adaacent to this property and he wondered why he received a notice of this vacation and the people across the street did not. The City Enga.neer explained that the notices are sent out to people within 3�0 feet of the proposed vacation. This is to advise people of what is happening in their area. MOTION by Counca.lman Kelshaw to close the public hearing on the request for the vacation of Matterhorn Drive. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Ka.rkham declared the hearing closed at 11:09 P.M. PUBLIC HEARING ON THE REZONING REQUEST (ZOA #71-05) BY REAL ESTATE 10, INC.� GENERALLY LOCATED AT HILLWIND ROAD IN SHE lODO BLOCK: Mayor Kirkham read the publia hearing notice and the City Engineer showed the area on the overhead pro�ector and said this request for a rezoning was fYOm R-3 to CR-1. The Planning Commission recommended approval and their oomments are in the Council Agenda_ � Councilman Liebl saa.d that, as was suggested in the Planning Commission Minutes, he would like to see some kind of live screening, such as trees or shrubs, rather than a fence. A fence would not improve the aesthetics of the area. Mr. Frank Girdler, Real Estate 10, said he agreed and they did not want to put in a fence. The area will be landscaped with evergreen trees. � �'i PUBLIC HEARING M��TING OF OCTOBER 12, 1971 PAGE 15 Councilman Harris said there was some conversation on Real Estate 10 giving the proper legal description by platting rather than a metes and bounds description, and asked if they were willing to do this. Mr. Gardler said yes. Mr. A.T. Gearman said that he owned the ad�acent lots, Lots 3, 4, & 5. About a year ago he tried to get these lots split to get the assessments applied to each lot and the Council ruled against him. The minutes of that meeting at that time stated the Council wanted the whole corner platted. He said he would like to know the Council's present thinking on this. The City Attorney has said that £or property of this magnitude, it should be platted. Councilman Harris said this position has not changed. Mr. Gearman asked i£ such a small parcel could be platted and Councilman Harris said any owner could plat his land. Councilman Harris said that as he recalled, there was a multiple lot split asked for. The Council will allow a lot to be split only once, and more than that would have to be platted. A plat would give a legal description by lot and block rather than a metes and bounds description. Mr. Gearman said his reason for requesting the lot split was a matter of $5,000 in escrow. Mayor Kirkham said the minutes could be researched. The Council did not want lot split upon lot split, but if he would want to plat, fine. Mx. Gearman said this would have solved his problem a year ago. Councilman Harris asked if he had two or three bu�ldings and Mr. Gearman replied two. Mr. Gearman said if this parcel is rezoned, would it not restrict the whole corner from developing R-3? He felt an office building would be out of place in a residential area. MOTION by Councilman Kelshaw to olose the public hearing on the xezoning request by Real Estate 10, Inc. Seconded by Councilman Liebl. i7pon a voice vote, all ayes, Mayor Kirkham declared the hearing closed at 11:20 P.M. PUSLIC HEARING ON WATER, SANITARY SEWER AND STORM SEWER PROJECT #105� ADDENDUM #1: The City Engineer showed the location of the water lines proposed on the overhead projector. In Oak Ha.11 Addition, the line would be extended down to the existing line on 53rd Avenue. The proposal zs also to extend the line south of I. 694 east of Target by Embers and Gulf. Councilman Liebl asked if all the property is owned by one individual and the City Engineer said no, Target, Mr. Glover and the Herringers are involved. Mr. Art Shay, Tarqet Stores Inc., said that he would like to request tha t the water line for Parcels 2400 and 2210 be deleted from this project, The Gulf Station and Embers are served now. Mr. Gerry Herringer, 1731 Snnsbruck Parkway, asked if the line would be $15.27 per foot estimated. The City Assessor saad yes, this would be for each side of the property. In one area, the assessment would be only for one side. On the area going north, the assessment would include the Glover property. Mr. Herringer asked if the Crty would be assuming any obligation since the water line would be looped. The City Engineer said no, not for a 6" line. Mayor Kirkham added that a looped line is an advantage to the property owner. Mr. Herringer asked when the water line went in on 53rd Avenue and why was the line not extended to serve those three lots at that time? The City Engineer said the line went in in ahout 1959. � � � �� i SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 16 � Mx. Chet Hexringex' said it would have cost much less than the $15.27 i£ rt would have been put in then. Councilman Harris commented that yes, perhaps it should have been put in then, but no one here now was here then� and could not answer why it was not put in. Councilman Kelshaw asked if he owned the property then. Mr. Chet Herringer said yes, Mayor Kirkham pointed out that the loop in the water la.ne is an advantage to the water user, so there is not a dead-end and an accumulation of rust. He added that the property owner always has the oppor- tuna.ty to peta.tian for an improvement and zf he wanted the line in then, he could have gotten it. Mr. Chet Herringer said that it seems out of place to pay $15.27 for water on two sides, and added that he has never been opposed to any water and sewer improvements. Mayor Kirkham asked Mr. Herringer if he was protesting the pro7ect and Mr. Chet Herringer said no, 7ust the price. The City Engineer continued by showing the location of the sanitary sewer lines proposed on the overhead pro7ector and said this improvement is basically the same location as the water line. The facilities on the west side of Target on 53rd Avenue would be to sex've the new Day Caxe Center. The Line on the east side of Target would be an extension to the south to serve the property west of Embers and Gulf, but he understood that Target also ob7ects to this improvement, and would like to have it deleted from this pro7ect. Emhers and Gul� are served now, l�ut if there were any future development of the property, the line would have to go in, and he wanted to point out that it would proba.bly cost more. Mr. Shay confirmed the City Engineer's statement and said Target did not want the sanitary sewer line east of Target put in. � MOTION by Councilman Liebl to close the public hearing on Water, Sanitary Sewex and Storm Sewer Pro�ect #105, Addendum #l. 5econded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 11:32 P.M. PUBLIC HEARING ON STORM SEWER PROJECT #101: The City Engineer showed the area on the overhead pro�ector and said this is one of the last large storm sewer pro7ects to go into an industrial area. Sn 1968 the Council oxdered a public hearing and the figures were given at that time_ The Council chose not to order in the project because of the unresolved problems with Spring Lake Park. As the Council is fully awaxe, the cost participation problem with Spring Lake Park is of al�out three and one half years duration. There were three different proposals presented and the Council chose to take the system that provided the best service Por the whole area. The proposal now is the same as in 1968, but realistically, it might not be practical to put all the impxovement in in one year, rather to stage the pro7ect over a period of time, and put it in as the development requires. In the meantime, Fridley might get the cost participation by Spring Lake Park. The Enqineering Department's re- commendation is to order a.n the total improvement pro�ect, and stage the improve- ment so as to take case of the most pressing problems in tihe fixst s�age. As the Council will recall, a man was present from Baxry Blower to report a problem they had with the ditah. The most unmediate work should be to enlarge and lower the culvert under the railroad tracks and rip rap the banks of the ditch by 78th � Avenue by the buildings. There is also some downstream work that needs to be done. The suit with Spring Lake Park has been heard, but the outcome is sta.11 unknown, If the pro7ect is ordered in, and cost participation by Spring Lake - Park is not forthcoming, he could not foxesee a complete pipe system as it would be entirely too expensive £or the property owners. It would have to be something 1n-between. <> �, � SPECIAL PUBLIC HE/IRING P4EETING OF OCSOBER 12� 1971 PAGE 17 Councilman Harris asked NLr. Dick Harris if he had done any borings on his � property on Main Street. Mr, Harrzs said the water table seems to be 3' - 5' deep, but rt is very erratic. Councilman Harris said he understood Lots 7& 8, Block 2 of East Ranch Estates 2nd Addition hit water a't about the 6" level and this is then undevelopable property. Mr. Harris said he could not figure out how the strata runs. The water table at the south end seems to be down, and as it goes north the land slopes down, but the water table rises. He said they baled peat out beside the ditch and took out 2' - 3' of peat and sometimes there was water and sometimes there was not. During periods of dry weather the land seems dry, but if there is rain, the water stands. He said he knew Bob Schroer had this problem with his property. Councilman Harris said that .�f the problems with the property are going to exist until the system is put in to lower the water table, then he would be concerned about a piece-meal method that would really not take care of the water problem. The City Engineer said he would certainly like to see the whole project go in, but there are some facts of reality that must be considered. Even if the Council ordered in the whole pro7ect, it would still be staged and any work done would fit into the overall pro�ect. He did not think the culvert work could wait. If the Council ordered in the whole pro�ect, it would give his department a vehicle to fit the pieces of work together into one overall improvement. The improvement still has to be ordered in before the work on the culvert could be done and if the Council chose to wait 2-3 more years, the problem would still be there. Councilman Liebl saa.d that some street improvements have already been put in � and if there is not a storm sewer system, those peoples' money would be wasted. Something must be done about this storm sewer problem. He did not feel an open ditch would be a permanent solution, it would devaluate the property. He said he would endorse the City Engineer's recommendation to get this system implemented. Counca.lman Harris asked how much he is talking of to do immediately, The City Engineer said for the culvert work, rzp rapping the banks of the ditch by the buzldings near 78th and some down stream work west of East River Road, ahout $100,000. This expenditure would still be used in any overall plan, The culvert and the stabzlization af the banks would help the problem Barry Blower has. Going under the railroad tracks is vexy expensive. Councilman Harris said thls would do nothing for the Schoe� property or the othex industrial properties, they would still have the hzgh water table. Councilman Harris wondered if it would be possible to do the work and defer the assessments until the utilities are completed and the propezty owners can utilize their land. The City Engineer said that whatever is put in will be part o£ the overall system. Eventually the people will have to pay anyway_ This is a pro�ect that will be over g million dollars, and if $100,00D is done, it would still benefit the pro- perty. Once the pro7ect is ordered in, it becomes a pending assessment, Council- man Harris said that in that case the property owners would have an assessment against property they cannot sell. The City Engineer said that between the con- ditions of bad soil and high water tal�le, makes a situation where the improvement is very expensive. � Mr. Harris said that he understood the situation and that something had to be done, but it makes it rather difficult to have to spend $100,000 and have no imnediate benefit. They would be assessed, but would still be saddled with the ditch and there would still be the situation of the Spring Lake Park water J� ��, � �� SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 18 � coming into Fridley. He hoped by this time there would be a decision on the Spring Lake Park lawsuit. Councilman Harris saa.d that if he were a property owner in the area and was told that he would be assessed $6,000, then his property would be saleable, he would pay for it, but iE he was told his assessment was $3,000 and he would still have the water table problem and could not sell the property, then he would ob7ect. This is why he suggested some method o£ deferxing the assessment until the improvement is completed. MOTION by Councilman Harris to close the public hearing on Storm Sewer Pro�ect #101. Seconded by Councilman Liebl. Mr. Wayne Sether, 7649 East River Road, said he would assume when N1r. Schroer bought his property, he knew there was a water problem. He said he would be paying $2400 and he would not be getting anything from it. These other property owners would be gettirig some valuable industrial land. Some of the people in his area have shallow wells and will be put out of water. There are only two deep wells. The City Engineer said there was a hearing held on putting in a water line to serve these people and they did not want it. It is possible this system could put these people without water sooner than expected. Mr. Sether said he would get nothing, but Nir. 5chroer would be getting valuable land. Mayor Kirkham said he may feel that way, but everyone is charged with the disposal of water that falls on your land. � THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 12:10 A.M. MOTION by Councilman Harsis that, recognizing the problem that does exist, the Administration prepare the proper documents for the next Council Meeting to autho- rize the complete improvement, and work out some method of deferrinq the assess- ments until the complete system is installed, or some alternate plan is approved by the Council. The City Engineer said if the Council orders in the whole improvement only that part that needs doing immediately would be done at this time until the cost participation problem is resolved with 5pring Lake Park. This would still leave the door open to put in a complete pi�,ae system, ar part pipe. If the whole pro�ect is ordered in, it could always be cut back. Councilman Breider asked how low the pipe could qo to be effective in draimng Schroer's property, The City Engineer said there were certain limits on how deep a pipe could be, but the culvex't could be lowered 5' - 6' under the rail- road tracks and that would then lower the water table. Councilman Breider asked how deep the ditch would have to be. The City Engineer said if it was all open ditch, it would have to be 4' - 5' deepex than it is now. The slopes would be much more gradual than they are now. Councilman Breider said he was talking about a 9' ditch, and with the slopes fox the banks, it would make it SQ' wLde_ � MOTION by Councilman Liebl to limit debate. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. THE MOTION was seconded and upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. �i� SPECIAL PUBLIC I�ARING MEETING OF OCTOBER 12� 1971 PAGE 19 RESOLUTION #132-1971 - REQUESTING THE STATE OF MINNESOTA TO MAINTAIN CERTAIN � ADDITIONAL SIGNALS: MOTION by Councilman Liebl to adopt Resolution #132-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. DISCUSSIDN REGARDING PROPOSAL FOR CENTRAL COMMUNICATSONS FOR ANOICA COUNTY: Councilman Breider said that he had asked that this be put on the Agenda. There is a report in the Agenda from the Committee on Cruninal Investigation and the Committee on Communications to the Joint Law Enforcement Council of Anoka County. There were so many problems with the central investigation program that it was not discussed, but he would like a resolution from the Councxl in regard to the communications proposal. This is so far reaching he felt that it should be a Council action rather than by a representative. The effect would be that the dispatching would be done centrally rather than locally.� There is no provision for fire alarms or the zndustrial surveillance. The County is talking about a$300,000 investment, and he would like to know how the Council feels about this type of activity. Councilman Liebl asked Councilman Breider, in his discussions with that group, do the citizens of Fridley benefit, does it merit the expenditure of $300,000 or is it a step backward? Councilman Breider said he, personally, felt that there were many other places to spend the $300,000, rather than in central dispatching. He said this would eliminate one dispatcher, or two at the most. The City � Manager said, ds the Police Chief pointed out in his memorandum, Fr�.dley would not actually gain anything because there would still have to be dispatching of fire vehicles. He said he did not know the full implications, but he did not feel there would be an advantage to Fridley. There would also be the loss of local control and any central dispatcher would have to be intimately knowledge- able of all the streets etc. in Fridley. MOTION by Councilman Harra.s to receive the information found in the Council Agenda of October 12, 1971. Seconded by Councilman Liebl. Dpon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. DISCUSSTON REGARDING LIQUOA LICENSE FOR FIRESIDE RICE BOWL: Mayor Kirkham said that Mr. Wong pro�ects a value of $300,000 when he is done with his remodeling. The City, zn getting in new developments, may be overlookzng some businessmen that are already here. Here is an enterprize that is alxeady estaUlished and he wants to invest in improvements on what he has. So fas Mr. Wong is still negotiating for the purchase of Schiek's Cafe, but he cannot much longer. Gouncilman Harris said yes, and there may be others in the same position. He said he would like to see something on what he wants to do. Mayor Kirkham said that he understood Mr. Wong has turned in his plans and is waiting. MOTION by Councilman Kelshaw to ask the Administration to place this item on the next regular Council Ac�rrla and that the staff should go over the plans prior � to the Council Meeting to advise Mr. Wong if there are any condstions that will have to be changed to meet the Code prior to the Meeting. Seconded by Council- man Liebl. Upon a voice vote, all ayes, Mayor Rirkham declared the motion carried unanimously. � 1 � s ` 2 e� SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 20 CITY F3ALL OPEN HOUSE SPONSORED BY THE LEAGUE OF WOMEN VOTERS OCTOBER 17, 1971: Mrs. Barb Hughes said she would like to report to the Council that the work on the open lzouse has gone very well and the reaction of the staff has been ex- ceptional and they have been most cooperative. She said she wanted to formally thank the City Council and the City Staff for their help. ADSOURNMENT: There being no further business, Mayor Kirkham declared the Special Puhlic Hearing Meeting of October 12, 1971 ad�ourned at 12•30 A.M. Respectfully submitted, ���'��',�f��.,<.� Suel Mercer Secretaxy to the City Council > �,�,� �I� � � Jack 0. Mayor / C\z:���-C�- -� K1Ykham