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12/15/1975 - 00014930� ��,y G�,�T THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 15, 1975 The Regular Meeting of the Fridley City Council of December 15, 1975 was called to order at 7:35 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE. Mayor Nee welcomed those present and invited them to ,7oin the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT MEMBERS ABSENT APPRaVAL OF MINUTES: Mayor Nee, Councilwoman Kukowski, Councilman Breider, Councilman Starwalt and Counctlman Fitzpatrick None REGULAR MEETING, NOVEMBER 17, 1975 Mayor Nee changed the motion on page 13 of the minutes concern�nq Special Use Permits, Item #11 thru #21. The mot�on should read that the vote carried 4 to 1 instead of unanimously Mayor Nee also changed the motion to deny Special Use Permlt SP �75-08, This motion should read• Councilman Starwalt voted Aye, Councilman Fitzpatrick voted Nay, Councilwoman Kukowsk� voted Nay, Counc�lman Breider voted Aye, and Mayor Nee absta�ned. Motion failed. MOTION by Councilman Fitzpatrick to approve the minutes of the Regular Meeting of November 17, 1975, as amended. Seconded by Councilwoman Kukowski Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF DECEMBER 1, 1975 � Gounc�lman Starwalt sald the minutes of the December l, 1975 meet�nq should be amended on page 6 The motion to appoint Mrs. Jean Schell to the Police Commission should read: Mayor Nee appointed Mrs. Jean Schell to the Police Commission, and Councilman Starwalt concurred with this appointment � Counc7lwoman Kukowski said another amendment should be made on page 5, paraqraph n It should read that Bruce Petersen is good in practice as well as in theory. MOTION by Councilman Starwalt to adopt the �4inutes of the �ecember 1, 1975 Meeting as amended. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA MDTION to adopt the Agenda by Councilman Starwalt with the addition of t'�e following items: Report from Mark 5cott and a brief discussion concerninq the budqet. Se� conded by Councilwoman Kukowski. Upon a voice vote, all voting aye, May�r Nee de- clared the motion carried una m mously. OPEM FORUM, VISITORS. Mr. Ed W�lmes.addressed the Council and explained that the Island of Peace are starting a fund drtve locally with the certtficates, and they are requesting the Council to write a letter or a resolution indicating tl7e City's interest and support for this fund drive. He explaine� th�t �f t"ie City would provide this letter and the printing of it, wh�ch would be approximately 500 copies, they would contact a lot of the businesses personally and make every effort as far as the i�ailing is concerned Mayor Nee asked Mr. Wi7mes �f these letters w�ll be addressed to local businesses and Mr. Wilmis replied they would. He said that Medtronic asked for a tax exemo± number and a state number and the budget outline, alonq with financial statements, and they will proceed alona those lines. R y� li /' PAGE 2 REGULAR MEETING OF DECEMSER 15, 1975 Mr. Wilme� further explained that the American Legion said if they brought them the envelopes they would address them throughout the State. This is 650. The U.F.W. said if we bring them a letter along with material they would take care of the mail�ng costs There was further discussion concerning the �r•int}ng of the letter and comparison's af different methods. MOTION by Councilwoman Kukowski to prepare the Letter as requested. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. MOTION by Counc�lwoman Kukowski to pr�nt 500 copies of the Letter and the C�ty to pick up the costs, and use the method that gives the best copy with the most reasonable price. Seconded by Councilman Starwalt. Upon a voice vote, all voi.ing aye, Mayor Nee declared the motion carried unanimously. ISCUSSION OF A PERMANENT BAND STAND BEING CONSTRUCTED IN THE CITY OF FRIDLEY Mr. Henry Peterson addressed the Council and said as a member of the Fridley 49'ers Bicentennial Committee, he wanted to thank the Council for the letter they sent htm in 6ehalf of the part he did �n the celebration last year. He explained he was present at the meeting to talk to the Council about the possibility of a permanent band stand being constructed in Fridley. He said over the years we have had pe:��table band stands for the bands that come in to play for various events we have. He mentioned he knew John Merzen, Superintendent of the Park Board of Columbia Heights, and they had a permanent band stand built. Mr. Peterson said he would like to give some of pro's and con's involved. A portable stand tears up the sod, he sa�d, when �t is moved around. An advantage of a permanent stand, he said, is that it would not only be used by our City band, but everyone in the comniunity, such as Churches and Summer plays. He mentioned he would like to see it 6u71t at the South end of the beach by the Flagpole, and th�t it would be a beautiful building having two dressina rooms, He said, at this location it could be patrolled and watched easily frorn Highway 65, for vandalism. Mr. Peterson requested the Counctl to turn this over to the Bicentennial Committee for further study, and he presented plans they could look over. He also talked about the possibility of having the Columbia Heights Concert Band play in the Bicentennial parade in return for the funds the City of Fridley furnished in helping with the�r trip to Washington D. C. It was decided that Mr Sobiech would talk with Mr. Gus Doty concerning when they should participate, and then talk to Columbta Heights Band to see if they would be in agreement MOTION by Councilman Starwalt to accept the Letter and Plans concerning the permanent band stand as presented by Mr. Peterson. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS� IDERAT ORDINANCE #605 COND READING OF AN ORDINANCE RELATING TO POLICE PENSIONS. E SAID P.E.R.A POLICE AND FIRE FUN�. Coimcilman Starwalt asked �f the staff could adv�se Council �f there hds been ar�y results of the discussion between the Board and P E.R.A. The City Manager explained that a representative of P.E.R.A. was meeting with the Police Pension Board at 7:30 P.M. this evening, and that the Finance Director was present at the meet�ng. He sa�d we are working on the second phase of the plan� � , ' � , � REGULAR MEETING OF DECEMBER 15, 1975 ��r �.,�1 PAGE 3 Councilman Starwalt asked if it would be to any advantage to delay this until after the meeting. The City Manaqer pointed out that this does not actually affect present officers. He explained that there has to be a two step action: l. All this is doing is stopping the City of taking any more obligattons under the present plan, and 2. What do we do with the existirg plan to improve the situation. This is the process that is started and will continue. There may be a lot of ineetings before we come to the final solution The City and the Board cannot resolve it independently, �t has to go to the legislature It has to be a unanimous kind of agreement between the Police Pension Board and the City to get through legislature. Councilman Starwalt said the reason he asked is because he is ready to vote for the second reading, and his own viewpoint is he would like to see Section 2 re- instated. He explained that he wouldn't want to do this if there is another meet�ng in session where the information of which could either add weight to what he feels in this regard, or take away from it. Councilman Breider said right now we are talking about four officers. Seems to him, he said, we should not hold up the entire consideration ,7ust for one provision We are talking about a sum of money that probably over the lcng term would not be much We will get some turn over between now and the next ten years in the Police Department. He sa�d it might create more of a problem than a savings in the lona run. Mayor Nee said his problem with deletir�g it is that he wouldn't havevoted to hire the officers in the first place if he hadn't been assured they would go into P.E R.A He said he reversed that on the basis of some misunderstandinq. Councilman F�tzpatrick said he belteved tf they should decide that they want to be in P.E.R.A. that is what we are talking about, they may do so. This would have excluded them from the Fridley Plan. If the Section 2 was reinstated it would exclude them from the Fridley Plan. As it is, they may ioin P.� R.A. MOTION by Councilman Fitzpatrick to add in Section 2, the language after police officers employed by the City: "prior to effective date of this Ordinance", and adopt Ordinance,�605, and order publication. Seconded 6y Councilwoman Kukowski Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION GF FIRST READING OF AN OR�INANCE AMENDING CHAPTER 715, SWIMMING POOLS TABLED 11/17/75 The Public Works Director explained that when this item was before us November 17, we indicated this Ordinance be revised and brought back for further consideration, in an effort to up-date City Ordinances, Basically, he explatned, the revistons reflect- ed changes that now comply with the State of Minnesota rules and regulations. The City Attorney and I have come up with some suggestions: On page 2, section 115 04, where it is tndicated home owners family, we are suggesting the restdent family be supplemented. Dn page 2B, section 115.16, Fencing, raragraph l, addition denoting the passing of a six inch object through the fence Our intent for this sub-section was basically as it reads "To prevent the entry of chtldren into pool area" Our initial thought was there was an incident where wrought iron fencing was installed around the poel and not narrow enough - eight to ten inches, and allowed for small children to enter the pool area. Our basic intent was to prevent the entrance of children and the way we would erforce it would be to inspect the fence, and if it was sufficient it would be allowed, and if not, it would h3ve to be replaced The City Attorney added that when people came in for a permit, the City would inquire what kind of fence they intend to put up. The Pu61ic Works Director said another area of concern was on page 2�, Sect�on 115.12. The last paragraph where it states "any pool", led to the belief it is referring to existing pools and we added: "any pool newly constructed after March 1, 1976, etc." i'�:r4� REGULAR MEETING OF DECEMQER 15, 1975 Councilman Breider said he had some concerns, one being where it reads "the depth of the water shall be marked". He said he wondered if that meant visable from the inside or the outside, and he thought it would be difficult to put a marking on an above-the-ground pool. PAGE 4 The City Attorney explained that there has to be a deck around the pool, and that a marking could easily be put on that with plastic numbers or something. There was considera6le discussion concerning the slope of the pools and the depth being seven feet or over, and questions as to where the water is drained out. Mayor Nee sug9ested getting some professional advice from a Pool Company, and Councilman Fitzpatrick suggested getting more differential background be- tween the two kinds of pools mentioned. The Public Works Director explained that the last item they eliminated regarding a nu�sance procedure. He said we have a,eparate section on that, and it would not be necessary to have it in this Ordinance. MOTION by Councilman Breider to table the F�rst Reading of Ordinance amending Chapter 115, Swimming Pools. Seconded by Councilman Starwalt and adding that staff pursue th�s item and 6ring back the Ordinance when they were ready. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER 6 OF THE FRIDLEY 122, 216 AND SECTION 205.18 1 The Public Works Director explained that a statement has been added on Page 3E, Section 6.147, final paragraph: A. The public policy which is served by the , requirement. B. The practical difficulties or unique circumstances of the property that cause undue hardship in the strict application of the requirement, and C Any conditions that attach to the variance. The Publtc Works Director further explained that he felt this was in the direction discussed at the Public Hearing. If both recommendation and approval of the variances - either residential, commercial or �ndustrial also. This is something we should have been doing already, nottng what ts the pu6lic policy that is bene- fiting from the requirement, state the hardships affecting existing property owner and stipulations regarding de�aial or approval. The Pu61ic Works D�rector added there was another item, pertaim nc� to "The Pro,7ect Commi?tee may or (shall) 6e chaired by a member of the Commission . We have re- vised this paragraph to read: "Pro�ect Committee may be chaired by a member of the Commission and at least one member of the Committee shall act as liaison for each pro,7ect committee", liaison meaning to keep un-dated, not necessarily meet with committees at all times, and to provide proper direction and making sure the pro�ect committee is heading in the right dtrection. The City Manager said another item on the same page came to light during a dis- cussion at the staff level,basically, stating that the Parks and Recreation Commission shall prepare a Capital Improvement budget. It is in conflict with the Charter and tn the past, the Parks and Recreation have made the recommendations. We feel that if this is the intent we should have this stated so that there is no question of the process. He further added that this will make the Ordinance �n compliance to what we have been doing and what the Charter allows the Commission to do. MOTION 6y Councilman Breider to approve the first read�ng of the Ordinance with the rev�sed wording. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. The Publ�c Works Director said that this revised language was not sent to the Commission and suggested we send it to them for their comment. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETI 1. CONSIDERATION OF APPEALS COMMISSION MINl1TES 0 A. PACO, INC., 7760 ELM STREET B. PACO, INC , 7790 ELM STREET DECE�4BER 3. 1975 25, 1475 ' � � ' REGULAR MEETING 4F DECEMBER 15, 1975 The Public Works Director explained that this is a request 6y Paco, Inc, for variances to reduce the rear yard setback from the required 25 feet to 7z feet and reduce the side yard sethack from the requ�red 20 feet to 0 feet, at 7760 Elm Street, to allow the construction of a speculative warehouse building. The initial variance is in con,7unctian wizh the second item L, mahich is a similar request for a reduction of the rear yard setback from 25 feet to 7'z feet, and a reduction of the side yard from 35 feei to 2� feet The lots will be raking up seven lots on the corner. Basically, the overall �ian is in conforma�ce with the overall plan for the area. The City Manager asked if there was any entrance or door on the west side, and the Publ�c Works Director explained that this was open space, and we estimate they will put some maintenance free material �n this ar�a. Mayor Nee asked what the experience has been with tf�ese lei.ters, are they a satisfactory alternative to a covenant or somethinq in t�e d2ed. The Public Works Director said "yes", they have had a sat�sfactory experience with the letters on ,7oint parking due �;o the fact once the developme�t has taken place, it is known to the purchasers of the property Ltiat there is a�oint parking lot Mayor Nee asked Mr. Paschke, representin9 Paco, Inc , if or the assump�ion he was going to sell, who would ow�n what on the parking 70°, where is the property line, and could he sell off the parking lot separate. Mr. Paschke said that he roulu but the easement would stay there. He further explained that an easement is more than a covenant. The Ctty Attorney said he thought it should be something lhat is recorded along with the deed. Using the term covenant or easement is probably 7ust different terminology for the same intention. 237 PAGE 5 Mr Paschke said he had no oh,7ection to anything, whatever the City wanted to do he will go along with. Mayor Nee said he envisioned them sellin9 to somebody, then the,y sell off half of the parking lot, because there are lots there, and all of a sudden ti��re is nc parking area. The Public Works Director said an agreement would be more positive and not that difficult to draft up, and could be recorded The City Attorney said he would work out a mutual easement that would require the parking area to be recorded for both parcels Mr. Paschke explained that there was more invalved here. They had sort of a four area parking lot. It was more like a mutual agreement. Mayor Nee said they would have to correlate with them. The C�ty Attorney said perhaps the Public Works Director and Mr. Paschke could put on paper what they would like to see, and 'ne would �eview it and put it into a form that could be recorded. The City Manager explained that the variances could be approved w�th a stipulation that proper documents be drawn up and filed which provides �oint parking use and maintenance, w�th the City's approval, or something of that nature. Councilman Breider said if it is in agreemant he would take both items at one ttme. MOTION by Councilman Breider to approve vartances on Items A and B, Section 1, relating to 7760 Elm Street and 7790 Elm Street, and change the stipulation tii�:t Mr. So6iech and Mr. Herrick to work out an agreement with the Paco �ompany to establish that the property will not be sold and the agreement take form of what- ever it takes to get the item registered with the deed. Also, an additional stiplulation regarding the drainage easement on Lot 1 through 4. Seconded b�i Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl,y. � ��!'3 REGU�AR MEETING OF DECEMBER 15, 1475 MARGARET MERREl.L, SPECIAL USE PERMIT REQUEST SP #75-27, 4832 2'z STREET N.E. RECEIVING PETITION #21-1975 The Public Works Director explained this is a request for a Special Use Permit. PAGE 6 The requirement is that an accessory 6uiltling on a property �n excess of 240 sq ft. will require a Special Use Permit, In th�s case, as shown on page 4 EE � of the Agenda, besides a primary dwelling at 4832 - 22 Street, there is an existin9 storage shed which is basically 12'X 20'. The petition went before the Planning Commission to request a Special Use Permit to allow construction of the proposed garage, 28' x 32` width It should be noted there was quite a lot of discussion at the Planning Commission level regarding what effect the size of this structure will have on the existing neighborhood. Should also be pointed out the way the Zon�ng Ord�nance is drafted at the present time, that if the 12' X 20' storage shed had not existed on the property, a 6uilding permit would have been issued for an accessory building and he would have been allowed to construct the garage. Aiso noted at the Planning Commission, there exists across the street from the petitioner a garage basically the size of 24' X 32'. The question to be answered is what effect thts proposal will have on the residential character of the neighborhood might apply to that 25% lot coverage In th�s case, the existing shed, house and proposed construction do not exceed 25q requirement. The staff felt baslcalty if the lot coverage was not exceeding the requirement the structure should be allowed if there were no ob�ections from the neighbors. There were r�o ob�ections at the Planning Commission meeting Councilman Fitzpatrick said that he had a statement signed by 19 residents on 2� and 2nd Street, which reads, "I, the undersigned have agreed that Margaret Merrell can build a garage 2$' X 32', 17 feet back from their house and 4z feet from lot line on the South side of the house. I have no ob,7ections to the pro- posed 6uilding of such a garage. MOTION by Councilwoman Kukowski to receive the petition #21-1975. Seconded by ' Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director added that the Planning Commission's vote was 2 �,yes, and 2 Nays. Mayor Nee said he drove by the area and it seemed to him to be an asset to the neighborhood. MOTION by Councilman Fitzpatrick to grant the Special Use Permit for the proposed construct�on. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UNION OIL COMPANY, ZONING ORDINANCE AMENDMENT ZOA #75-06, 5695 HACKMANN AVENUE NE MOTION by Councilman Starwalt to set the PubTic Hearing for Rezoning for the Union Oil Company for �anuary 12, 1966 Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Mayor Nee asked the Public Works Director �f he could fill them �n on the status as far as the intersect�on is concerned. The Public Works Director explained the intersection is Hathaway and Old Central. At this point, he said, we have approved through Council preliminary plans for ' the Highway Department to proceed with the preparations of final plans for the intersection improvement Basically, it amounts to a rea7igning of existing curb in front of Um on Oil. Together with that we intend to upgrade this section of Hathaway up through Polk to a State aid section. 4Je intend to use State aid money and will not assess anyone along this area for that improvement. Mayor Nee asked if this pro�ect was scheduled for next Summer, The Public Works Director said the letting date is February of 1976, and we hope it will be con- structed in 1976. He said he would also like to point out that this modification �s in con,7unction with the Urbanization of Central Avenue at 53rd. MOTION by Councilman Starwalt to table Spec�al Use Permit #75-08 until the consideration of the rezoning. 5econded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � REGULAR MEETING OF �ECEMBER 15, 1975 RESOLUTION #211 - CONSIDERATION OF APPROVAL OF RESOLUTION #211 AP1D AGREEMENT . ,��9� � PAGE 7 'S The Public Works Dtrector explained that we were apnroached �y Coon Rapids regarding a connection to City sewer and water in the area of �road Avenue between Kimball Street and Lafayette Street Coon Rapids has no facilities down in that area and have ro olans to exteiid tfieir facilittes They approached us with the idea of aliov�i7g their residents to haok up to t{�ie City's facilities This is the agreemer,t before you on paae 5 of tn2 Agenda. It is s�milar in scope to the one we have existing with New Brighton New Briqhton residents al�nq Sttnson Blvd. connect to Fr�dley ut�1it�es. They w�ll be charged normal connect�on fees and subsequently pay the narmal sewer and vaater ,�ate that Fr�dley residents pay in this nature. Mayor Nee asked how many residents will be serviced The Public Works Director replied ,7ust one r�cw vut tr�ese lots are larqe and there is a potential of four to six depending on what hapaens. MOTION by Councilwoman Kukowski to adopt Resolution u211 and A�reemen� between Coon Rapids and Fr�dley for connection onto Fridley's sewer and water syster� Seconded by Councilman Fitzpatrick. Upon a voice vote, all votrna aye. Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLUTION �212 REQUESTING TECHNiCAL AND ENGINEEP,I�Jf ASSISTANCE F AGREEMENT FOR TECHNICAL ASSISTANCE WITH MINNESOTA STATF HIGHbJAY The Public Works �irector said this was an annual resolutton and agreement we are znvolved �n w�th the f�1lnnesota Highway Department In che e+�°nt we would need to request techm cal assiscance from them, this would allow us to do so The City Manager explatned that in the past the only time we ever used their services was for traPf�c count, and thm�s af that �al,ure We �ave not used them to any large extent, but it is at least �va�labie �f we need �t. MOTION by Councilman 6reider to adopt Resolution �212 reauest�ng technical and engineering assistance and approval of agreemenY for techm cal assiscance tin th Minnesota State Highway �epartment. Seconded by Councilv,�omari Kukows'r.i. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the mot�on carrted unan�mausly. APPOINTMENT (CITY EMPLUYEE MCTION by Councilman Starwalt to concur wtth the apoointment of Ron Holden as Building Inspection Offlce�. Seconded by Councilwoman Kukows{:t Upc�n a vo�cP vote, ail voting aye, Mayor Nee declared the mot�on carried una mr�ously. NAME POSITION EFFECTIVE DATE Ron Holden Bu�lding Inspector December 15, 1975 5820-2� St. Officer Fridley, Mn. CLAIMS General anc� Ltquor 17_555 - 12831 SALARY $1,062/Mo REPLACES Clarence Belisle P10TION by Councilwornan i:ukowsk� to approve claims as submitted. Secorded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously LICENSES: MOTION by Councilwoman Kuk�awskt to aup�°ove licer.ses as on file ir the C�ty Clerks Office. Seconded by Councilman 5tarwalt. Uoon d VO1C° �ote, all voting aye, Mayor Nee declared the motion carried unanlmously .-„ n � �: � REGULAR MEETING OF DECEM6ER 15, 1975 ESTIMATES Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 FINAL Estimate #2, for the furm shing of Professional Engineering Services for Planning and General Supervision of San�tary Sewer, Water and Storm sewer Improvement Pro,7ect No. 117 $ 541,72 Smith, Juster, Feikeman, Haskvitz and Casserly Builders Exchange Building Minneapol�s, P4��nesota 55402 For legal services rendered by Carl PJewquist as Prosecutor for month of November, 1975 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For legal serv�ces rendered 6y V�rqil Nerrick C�ty Attorney for month of November, 1975 Comstock & Davis, Inc. 1446 County Road "J" M�nneapolis, P9�nnesota 55432 For the furntshing of resident inspection and resident supervision for the stakinq out of the constructton work for the following. $ 1,598.75 $ 1 ,960 00 Partial Estimate #12 for Sanitary Sewer Improvement Pro,7ect No. 113 from October 27 through November 22, 1975 $ Partial Estimate #23 for Sanitary Sewer, Water and Storm Sewer Improvement Pro,7ect fdo. 11�4 from October 27 through November 22, 1975 Partial Estimate #4 for Watei°, Sanitary Sewer, Storm Sewer and Street Grad�ng Improvement Pro�ect No. 117 from October 27 through November 22, 1975 $ $ PAGE 8 , 1 120 00 297.35 305.08 MOTION 6y Councilwoman Kukowski to approve est�mates as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION ON BUDGETS: Councilman Starwalt commented he thouqht th� staff had done a real fine ,7ob. He said his only concern was one statement, that the revenue from fees and licenses is reducing, and my general feeling ts, should there be scheduled increases in fees and licenses and should we address ourselves to that at some time. The City ManagEr said that staff intends to bring before the Council some considerat�on of mod�fication of fees and licenses. He explained that annually we go over this item and see what other communities are chargina and how we com- pare If we are falling behind, we modify and adjust the fees. We intend to do this Some of the permit fees are decreasing, and he said he would assume that is because of construction activity. We are estimating a low activity so the pro�ection of revenue is conservative. Councilman Starwalt said his understand7ng was that permits and fees are not revenue in the sense of proflt-making. It should balance off our expenses, The City Manager said this �s true We review it annually and if we are falling behlnd we w711 come back to the Council and re,7ust the modification. � � REGULAR MEETING OF DECEMBER 15, 1975 PENSE FUhDS: Councilman Starwalt said another item regarding funds he requested which was tabled. He said he is requesting this be untabled tonight I am requesting the sum of $200,00 out of pocket costs �n excess of $800.00 travel expense. Mayor Nee said that tivouid be in order. that we would reimburse this. Ne asked and it would be put on the kgenda. REPORT ON CATV: ;�,-� _� PAGE 9 He said it was the general aqreement Councilman Star�valt to submit the bill Mayor Nee said that since Mark Scott was not present, he would try and summarize what he thought he was going to say. His concern was that starting next week GTV was going to start to put on the filters. With these f�lters the person who wanted only the pay channel would get only the pay channe1, and not the other channels. His concern was they would get such a high return in the filters, it would pre,7udice potential action which would deny this. In other words, the attorney is now saying "is that a legal thing to do". If the attorney says it is not legal under the franchise, then the company would be stuck with their investment in filters. Mr. Scott raised the question, should they be allowed to do it. Mayor Nee said he doesn't think we have the ,7urisdiction, but that is what he wanted to talk about. I did not take the time to explain the point of view that people were getting service they were not paying for. Councilman Starwalt said he felt GTU should be put on notice that we expect the 5% from this other service. Councilman Breider said there is a couple of problems. First, �f we require to � supply 6oth serv�ces, how many people will subscribe. Seems to me, he said, that the fact they do have the filters available indicates the fact some number of the citizens like the movie channel but do not like both channels. If we make the company do 6oth, we might have less subscribers rate because of the costs. On the other hand, the whole argument centers around the 510 gross subscriber fee. If we establish the point, even if the movie channel had 5% against �t, would solve a lot of our problems as to whether or not both of them are hooked up. Mayor Nee said they are explatning this is our interest. Their interest ts to make sure that the whole system provides a total communication service. I am inclined to agree with them. The only �ustification for the system beinq in the public right-of-way is that it provides communication service to the community. Their concern is the tendancy might be simply buying the paid channel and not providing total package. They say we are losing 5% on the pay channel. The Ctty Attorney said he had a couple of comments. He said he believes that what Councilman Starwalt suggested makes sense to him. Put them on notice As of this time, it is the City's position that if they subscribe to both services or Glnema 3 that they are subscribers within the terms of the Ordinance and therefore, we expect 5% rate will be paid. The other comment is, maybe if the concern is that the Company ts ourchasing filters that are expenstve, that concern is a little late They are already ' in the process of installing them. He said he does not know how we could stop them legally without a long drawn out court session. Secondly, it is a practical matter, it is too late to prevent them from purchasing this equ�pment. Councilman Starwalt said he would agree to listen to what they had to say Counctlman Breider said he would like to take the opportunity to thank the Administrative Staff for all of their efforts, and especially thank the members of the Council for their patience in listem ng to what he had to say. Councilwoman Kukowski replied that it has 6een a pleasure work�ng wtth Council- man Breider and that she has learned a lot being on the Counc�l with him. Councilman Starwalt said that he felt knowing Councilman Breider on the Counc�l certainly has permitted him to say that he has added tremendously to the City's methods of doing business. � ��� REGULAR MEETING OF DECEMBER 15, 1975 Councilman Starwalt said that the Councll will miss Councilman 6reider AD�OURNMENT MOTION by Councilman Bre�der to ad�ourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee deciared the motton carried una m mously, and the Regular Meeting of the Fridley City Council ad,7ourned at 9:25 P.M. Respectfully submitted, � '` , � `t�✓��-L Lc _ � � r. 17 ��� ;r�. � Helen Fagin ' Secretary to the Council Date Approved: �-�-1�P William J. Nee Mayor PAGE 10 ' ,