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01/22/1979 - 5746�� � :�c� � THE MINUTES OF TNE REGULAR t4EETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 22. 1979 The Regular Meeting of the Fridley City Council was called to order at 7:46 p.m. 6y 14ayor Nee. PLEDGE OF ALLEGIFlNCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEM(3[RS PRESENT: Mayor Nee. Councilman Barnetie, Councilman Schneider � Councilman Fitzpatrick, and Councilwoinan Moses (oath of office tiaken at this meeting) � MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING, DECEMBFR 78, 1978: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unaniinously. REGULAR MEETING, JANUARY 8, 1979: Page 3, lst line, correct the name from "Sheridan" to "Council�nan Schneider". MOTION by Councilman Fitzpatrick to approe�e the minutes as corrected. Seconded by founcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan9mously. PUBLIC HFARING MEETING, JANUARY 75, 7979_ MCTIOP� by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voiw vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. ADMINISTRATION OF OATN OF OFFICE TO ELECTED OFfICIAL: Mr. Herrick, City lSttorney, stated the City received this evening a judgment, signed by Judge Robert Bakke of the Rnoka District Court, who �aas the presiding judge that handled the election contest, to determine the winner of the Council seat in the First Ward. Ne stated the jud9ment is Judge Bakke's determinaticri as to the recount proceedings. Mr. Herrick stated that Judge Bakke indicates in the judgment that Cheryl Moses received 1,713 votes and Ed Hamernik received 7,770.votes. Judge Bakke concludes that Cheryl Moses is declared the winner of this election and the City Clerk should issue her a certificate of election. Mr. Herrick stated it is his opinion that the judgment is in force and in effect at the time the judge siyned it this afternoon. He stated he believed the City Clerk should issue the certificate of election to Cheryl Moses and she should be sworn in as Council representative of Ward I. . Mr. Brunsell, City Clerk, administered the oath of office to Cheryl Moses. Ms. Moses stated she was happy to be here and that it was a long and ex- pensive two and a half months. She stated she was glad this part was over and hoped it was over for good. � �'I Ms. Moses thanked the people that helped herwith her campaign and, most of i 37 REGULAR MEET�ING OF JANUARY 22, 1979 . PAGE 2 all, the citizens of Fridley. She stated she was anxious to serve and hoped that she would do the citizens well. ADOPTION OF AGENDA: Councilman Schneider requested that the Council appointments to the various agencies be added under "Old 6usiness". Councilman Fitzpatrick requested a resolution be added to urge the Governor to reappoint Marsha Bennett to the Metropolitan Council. I i MOTION by Councilman Schneider to adopt the agenda as amended. Seconded by � Councilman Fitzpatrick.� Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. : OLD BUSINESS: CONSI�ERATION OF SECOND REA�ING OF AN ORDINANCE TO AMEND CHAPTER 71 OF THE CITY COOE DF THE CITY OF FRIDLEY: MOTION by Councilman Schneider to waive the second reading of this ordinance and adopt it on the second reading and publish. Seconded by Councilman Barnette. Ms. Schnabel, Chairman of the Appeals Comnission, questioned some of the fees that are being proposed. She stated she was particularly interested in the variance fee, as well as some of the other fees. She questioned how the fees were determined. '. Mr. Brunsell, City Clerk, stated a survey or study was made taking into �� consideration the time spent by the various departments that worked on a f4 particular license. He stated, in the case of the variance fee, it is pri- �, t�l marily the planning and engineering staff. He stated their hourly rate was .� taken and a factor for overhead was added. He stated the variance fee is probably one of the most difficult ones to strike an average because the � amount of time does differ from one variance to another. . � Ms. Schnabel felt the increase from $50 to $80 was too high, when a variance request is very minimal. She stated she fully understood the amount �� - of paperwork involved, but felt, in some ways, these fees are being established to make up the salaries of the employees. She didn't feel a department of tfie City government should be expected to make up their wages in the fees charged by this particular department. Ms. Schnabe7 stated, in the case of the lot split, where the fee would be increased from $30 to $100, that perhaps the $30 was too low, but felt $100 was too hi9h. � Mr. Brunsell stated they did not attempt to make the department working on these particular requests to be self-supporting by the fees. � Mr. Harris, Chairman of the Planning Cortonission, questioned how the City arrived at the variance fee schedule, and what the City is chiarging as an hourly rate. Mr. Harris stated he has difficulty with the amounts, since the lot split fee would be .�100, and wondered if there was an overloading of overhead in this fee. Mr. Harris felt the increased fees for lot splits, variances and vacations would probably start working a hardship on the residential applicants. � Mr. Harris stated his point is that the City isn't supposed to be making money on the permits and fees. Mayor Nee stated if the City doesn't charge the true cost for these services, then the general taxpayer is subsidizing it. He stated it is not the intent r' ■ `;� REGULAR MEETING OF JANUARY 22, 1979 PAGE 3 to make enough r,roney on the fees to subsidize something else. Mr. liarris asked if he could see the documentation for these fees. Councilinan Barnette stated if t4s. Schnabel and Mr. Harris felt uncomfortable with these fees, he su9gested tabling the item for twa weeks to 9ive them � an opportunity to review the documentation for raising the fees. t40TI0N 6y Councilman [3arnette to Cable this item for two weeks. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, t4ayor Nee declared Che motion carried unanin�ously. CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO VkRIOUS AGENCTES: MAYOR PRO TEM - 1979 REPRESENTATIVE: MOTIOtJ by Councilman Fitzpatrick to nominate Councilman Schneider for Mayor Pro Tem for 1979.� Seconded by Councilman Schneider. There being no other nominations, the following action was taken: MOTION by Councilman Barnette to cast a white ballot for Councilman Schneider for Mayor Pro Tem for 7979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ANOKA COUPlTY LliW ENFORCEMENT COUNCIL (1 REPRESENTATIVE NNO 1 ALTERNATE): MDTION by Councilman Barnette to rominate Councilman Schneider as Council Representative to the Anoka County Law Enforcement Council. Seconded by Councilman Fitzpatrick. There 6eing no other nominations, the following action was taken: MOTION by Councilman Fitzpatricl: to cast a white 6allot for Ccuncilman Schneider as Council Representarive to the Anoka County Law Fnforcement Council. Seconded by Councilman 6arnette. Upon a wice vote, all voting aye, Idayor Nee declared the rution carried unanimously. ' MOTION by Councilman Fitzpatrick to nominate Councilwoman Moses as an Alternate� to the Anoka County Law Enforcement Council. Seconded by Councilman Schneider. Councilman Schneider stated that Councilman Barnette has also indicated an interest to serve as an alternate to the Law Enforcement Council.� Councilman Barnette stated he has some particutar interests in this area since he is working with students. 6ecause of Councitman Barnette's interes±, Cheryl Moses declined the nomination. MDTION by Councilman Schneider to nominate Councilman Barnette as an Alternate to the Anoka County Law Enforceinent Council. Seconded 6y Councilman Fitzpatrick. . � MOTION by Councilnan Fitzpatrick to cast a white ballot for Councilman Barnette as an Atternate to the Anoka County Law Enforcement Council. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SU6UR6AN RATE�AUTHORITY (7 �-0EM9ER AND 1 ALTERNATE): � MOTION by Councilman Fitzpatrick to nominate Councilwoman Moses as a Member of the Suburban Rate Authority. Seconded by Councilinan Schneider. There being no other nominations, the following action was taken: MOTIDN by Councilman Fitzpatrick to cast a white ballot for Councilwoman . . . .. _ . . . . . . . . . ...._._. . ..� REGULAR MEETING OF JANUARY 22, 1979 PAGE 4 Moses as a Mem6er of the Suburban Rate Authority. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried�unanimously. MOTION by Councilman Schneider to nominate�Councilman Barnette to continue as an Alternate to the Suburban Rate Authority. Seconded by Councilman Fitzpatrick. MOTIDN by Councilman .Fitzpatrick to cast a white ballot for Councitman . Barnette as an Alternate to the Su6urban Rate Authority. Seconded by �. �� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee ,��' � declared the motion carried unanimously. � j' NORTH SUQURBAN SEWER SERVICE BOARD (7 REPRESENTATIVE AND 1 ALTERNATE)• � Councilman Schneider stated this body hasn't met in over two years and � stated he wasn't interested in continuing to serve. ( ' � l. Mr. Sobiech, Public Works Director, stated this 6oard functions only if there are issues in certain service areas. MOTI�ON 6y Councilman Fitzpatrick to nominate Councilman Barnette as Representative to the North Suburban Sewer Service Board. Seconded by Councilman Schneider. There being no other nominations, the following action was taken: MOTION by Councilmart Schneider to cast a white ballot for Councilman Barnette as Representative to the North Suburban Sewer Service Board. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye�, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fi�tzpatrick to nominate Councilman Schneider as an Alternate to the North Suburban Sewer Service Board. Seconded by Councilman Barnette. There being no other nominations, the following action was taken: MOTION by Councilman Fitzpatrick to cast a white ballot for Councilman Schneider as Alternate to the North Suburban Sewer Service Board. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ASSOCIATION OF METROPOLITAN MUNICIPALITIES: Councilman Fitzpatrick indicated his interest in continuing as Council representative to the Association of Metropolitan P4unicipalities. MOTION by Councilman Barnette to nominate Councilman Fitzpatrick as the voting member to the Association of t4etropolitan Municipalities. Seconded by Councilman Schneider. MOTION by Councilman Schneider to cast a white ballot for Councilman �: . Fitzpatrick as the voting member to the Association of Metropolitan . Municipalities. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ! MOTION by Councilman Schneider to nominate Councilwoman Moses as the I. non-voting member to the Association of Metropolitan Municipalities. ' � � Seconded by Councilman Fitzpatrick. �, M�TION by CounciTman Fitzpatrick to cast a white ballot for Councilwoman � Moses as the non-voting member to the Association of Metropolitan Munici- '. palities. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously. SCHOOL DISTRICT N14 COMMUNITY SCHOOL ADVISORY COUNCIL: 1" I MOTION by Councilman Schneider to nominate Councilman 6arnette as the JJ I ' REGl1LAR MECTING OF �ANUARY 22, 1979 PAGE 5 representative to School District H14 Community School Advisory Council. Seconded by Councilinan Fitzpatrick. There being no other nominations, the following action �aas taken: MOTION tiy Councilman Schneider to cast a white 6allot for Councilman Barnette as representative to School District N'74 Coimwnity School Advisory Cowicil. Seconded hy Councilman Fitzpatrick. llpon a voice vote, all voting aye, I•tayor IJee declared the motion carried unaniRausly. SCHOOL DISTRICT "73 REPRFSENTATIVE: MOTION by Councilman Schneider to nominate Councitman Fitzpatrick as representative to School �istrict ^13. Second2d by Councilwoman M17oses. There being no other nominations, the following action was taken: MOTION by Councilman Schneider to cast a white ballot for Councilman Fitzpatrick as representativz to School Uistrict 513. Seconded by Councilman 6arnette: Upnn a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: SUBDIVISI Mr. Sobiech, Public Works Director, stated a public hearing was held on this plat and, from these hearings, several items were discussed and are recommended as part of the plat approval. Mr.Sobiech outiined the stipulations, as shown on page 26, and stated on Page 2C of the agenda book, there is an affidavit which must be signed by potential deveiopers of this property noti,fying them of the deainage requir�ement. Councilman Schneider asked if the staff vias satisfied that, if the lots were Ceveloped separately, the drainage could be handled. 14r. Sobiech felt, although it would be more advantageous to plan the drainage for the entire area, it could be handled satisfactorily if the lots were developed separately, since the City does have certain requirements that must be met. �40TION by Co�mcilman Fitzpatrick to approve the final plat; preliminary subdivision P.S. �78-06 for Caba Realty First Addition, generally located at 83rd and University Avenue, Hiith the following stipulations: �1) drainage and util.i*.y easements along lot lines to ensure access for utiliCies, and for use for draina9e purpcses; (2) lot dimensions must be revised to ensure minimu�n lot areas of 1.5 acres for heavy industrial property; and (3) an affidavi! informing potential developers that the storm water run-off rate, after developmen±, inust not be greater than the rate before development, nwst be filed andrecorded with the plat. Seconded by Councilman 6arnette. Upun a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. REf.EIYING THE MIYUTES OF THE PLANNING COMMISSION MEETING OF dANUARY 10, 7979: INNSRRUCK NORTH TOWNHOUSE PIAT 5; P.S. ;i78-07 AND TOWNHOUSE DEVELOPPIEWT T-�78-07 FOUNTNIN OAKS 6Y �ARREL FARR �EVELOPI�tENT CORP.: MOTIOid by Councilman Schneider to set the public hearing for February 12, 1979 or as soon as possible. Seconded by Councilman Fitzpatrick. Councilman Schneider stated he was concerned on this particular develop- ment that the Council see the record on tihe first four additions. He �- stated he wished to see what has been promised and what has been done, � . in the past, re9arding development of recreational facilities. � � . R[GULAR MEETING OF JANUARY 22, 7979 PAGE 6 Mr. Sobiech> Pu61ic Works Director, stated there was a site provided for tennis courts, but upon reviewing the site, the question has come up if this is a good location.for the tennis courts. Mr. Sobiech stated it was the intent of the Counci7, at the time the site was provided, that the courts would be for public use. Ne stated, by locating them behind the�apartment complex, there was concern that they wouldn't be very public. Councilman Schneider stated he felt it boils down to the fact that there is no suitable place provid2d for the tennis courts. UPON A VOICE VOTE TAKEN ON THE A60VE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. VIKING ENGINEERING FlN� DEVELOPMENT COMPANY; SAV H78-05; 7740 BEECH STREET: MOTION by Councilman 6arnette to set the public hearin9 for February 72 7979 or as soon as possible. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared�the motion carried unanimously. ENVIRONMENTAL QUALITY COMMISSION MINUTES OF NOVEMBER 21, 1978: A. AIRPORT EXPANSION: Mr. Sobiech, Public Works �irector, stated the minutes of the Environmental Quality Commission indicate their concern regarding the status of the Anoka County Airport. He stated the Commission had previously requested that the City Attorney be directed to take whatever steps were necessary to insure that the Anoka County Airport remain at its present status. Mr. Sobiech stated, based on that particular request, a meeting was held with r�resentatives of MnDOT, the Metropolitan Airports Commission and the Netropolitan Council to obtain a better understanding of the proposals � - for the airport. . I - �� Mr. Soblech stated the Environmental Quality Lommission still has concerns, however, regarding the proposals that have been noted in the Mn�OT Plan and the Metrcpolitan Council Airports Guide. He stated the Commission is requesting the Council to correspond with the MPCA to develop certain procedures to insure that ar.y type of changes to the airport facilities would require certain�regulations with proper review. He stated the . - Commission also recommended that correspondence be sent to the Governor to request that fundirig of the Master Plan be withdrawn. � � Mr. Sobiech stated, it is his understanding, that with the processing of � the Master Plan, certain impact statements would have to� be made. He stated there is a lot of indication that implementation would be going ahead without the f4aster Plan, but that wasn't the indication the City received at the meeting with representatives of MnDOT, the MAC and the - Metropolitan Council. Councilman Fitzpatrick stated, in the opinion of some, a plan has developed for an intermediate airport �+hich v�e were reatly thinking was onty a study. Councilman Schneider stated, from his understanding and notes of the meeting,�the Master Plan would detail alternatives. He stated the question arose if one of the alternatives was to do nothing and the answer came back in the affirmative. He stated some persons have the inpression that the Master Plan is one of the alternatives for an interinediate airport. Councilman Schneider stated he�has reservaCions also, but doesn't know what constitutes the Master Plan. Mr. Sobiech suggested that staff compile what has been adopted 6y the Council to date and pass this information on to the Environmental Quality Commission. He felt the new point which has arisen regarding correspondence f�l � :? ■ REGULAR�MEETING OF JANUARY 22, 1979 PAGE 7 to the Governor might be contrary to what the Council has previously done. He stated he 6elieved the Council concurred with the Moundsview resolution in trying to insure that certain items were included in the Master Plan process. Councilman Schneider asked if staff could communicate with the Metro- politan Airports Comnission to see if alternatives have 6een discussed. MOTION by Councilman Schneider for staff to contact the Metropolitan Airports Comniission to determine whether the �4aster Plan includes alternatives. Seconded by Councilnian fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ZONING CODE: hA1TI0N by Councilman Schneider to refer this item to the Planning Co�mnission. Seconded by Cowuilman Fitzpatrick. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried unaniniously. C. MOTORIZED P,ECREATIOPIAL VEHICLE USE IN CITY: Councilman 6arnette stated he received a phone call from Coon Rapids asking him when it would be a good night to meet regarding nptorized recreational vehicle use and hasn't heard anything more from them. Mr. SoGiech stated the Environmental Quality Commission had invited a mem6er of the Pleoi Brighton Environmental Quality Commission to their meeting and they have indicated they would be interested in discussin9 this matter. He suggested, therefor�e, that when meetings are held with Coon Rapids that the New Brighton, Ramsey County area be included Mr. Sobiech stated it also becomes a policy matter whether the Council wants to get involved in recreational sites. He stated he believed it was the intent of the Envirormental Quality Commission�to find sites outside of the City. I+iQTION by Councilman Schneider to refer this matter to Councilman Barnette. SeconGed by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PARKS AND RECREATION COMMISSION MEETIN6 Of NOVEFI[3ER 27, 1978: A. FYSA - CANCELLATION OF LITTLE LEAGUE LEASE: MOTIOIV hy Councilman Fitzpatrick to concur rrith the recommendation of the Planning and Parks and Recreation Cormissions and accept the letter from Glenn Van Hulzen dated November 27, 1978 cancelling the Little League lease. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. FYSA - FEE PROPOSRL FOR 7979: Dr. Boudreau, Director of Parks and Recreation, stated, in the past, there has been a participant's fee for baseball, football, soccer or any other sport run by the FridTey Vouth Sports Association. He stated this fee was met with some negative feeling because the City was charging a user fee to use the facilities. He stated, in meeting with the FYSA, they have cane up with an alternative where they would give the City a flat amount which is to be put into a capital improvements fund and eliminate the participant fee. Dr. 6oudreau stated the Fridley Youth Sports Association felt this �vas one way they could help in contributing to tlie facilities of the City, of which they are the prime users. He stated the Parks and Recreation Cormiission concurred with the fee of $2,500 for the year 1979 which is $500 over the amount paid in 1978. •13 REGULAR MEETING OF JANUARY 22, 1979 PAGE 8 MOTIDN 6y Councilman Fitzpatrick to concur with the Planning and Parks and Recreation Conmission and accept this proposal for a flat fee of $2.500 from the FYSA. Seconded 6y Councilman Schneider. Upon a voice � vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. LIONS CLUB RE4UEST - RENAMING MOORE LAKE: �. Dr. Boudreau, �irector of Parks and Recreation, stated it vras brought !�� to the attention of the Parks and Recreation Cortrcnission that the Lions � Club has donated a lot of time, energy and money for the betterment of �� the parks and it was fett the City couid show their appreciation by �, I renaming a park after the Lions Club. He stated this was discussed by '� �, the Parks and Recreation Commission and they recommended renaming Naore ��.. Lake Park to Moore Lake Lions Park. �. Mr. Mike Murphy, representing the Lions Club, stated the Lions Club did de- � velop some long range plans for the parks and recreational facilities. ��: Ne outlined several improvements they are considering in the parks and ��� stated the Lions Club does want to corrmit their energy, money and time � into rnaking improvements the residents of Fridley can be proud of. Councilman Schneider stated the question came up on what criteria the City would use if they had similar requests come from other organizations. He asked if the Lions Club would object if the matter was delayed for two weeks in order that they can discuss this criteria. � Mr. Murphy stated he would see no problems with delaying action for a few weeks. MOTION by Councilman Schneider to table this request to the next regular Council meeting and instruct the administration to have this item on the agenda for discussion at the Conference Meeting. Seconded by Council- .. man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ( MOTION by Councilman Fitzpatrick to receive the minutes of the Planning �� - Commission meeting of January 10, 1979. Seconded by Councitman Schneider. �� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER C051MISSION MEETING OF NOVEf4BER 21, 1978: MOTION by Councilman Schneider to receive the minutes of the Charter Commission Meeting of November 21, 197B. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION 6y Councilman Fitzpatrick to receive the minutes of the CATV Commission Public Hearing Meeting of January 9, 7979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Cou�cilman Schneider to receive the minutes of the CATV ,. Commission Meeting of January 16, 7979. Seconded 6y Councilman 8arnette. ' Upon a voice vote, all voting aye, Mayor Nee declared the motion carried . unanimously. � Mayor Nee stated this item involves the transfer of the cable television franchise. Ne stated it is spelled out in the franchise ordinance that a public hearing 6e held and the Council can then act by resolution. Mayor Nee stated a public hearing was held on January 9, 1979 by�the ry I e^ ftEGULAR MEETING OF JANUARY 22, 1979 PAGE 9 CATV Commission, after adequate notice. Mr. Ed Y.aspszak, Chairman of the CNTV Commission, stated the Connnission fee15 they have received all the answers they�were obliged to ask, however, the answers weren't necessarily to their satisfaction. � Mr. Kaspszak stated the Commission did vote for approval of the merger contingent on approval of certain amendments to the franchise ordinance. He stated the Council can deal with the tiransfer on its oom, independent of the amendments, or they can put them together. Mr. Kaspszak stated, he felt, with the Storer merger, there�would be a marked improvement of services to the corenunity. Councilman Schneider asked if the Coimnission's position was that the transfer of the francise should be contingent on Storer accepting the amendments. Mr. Kaspszak answered in the affirmative. Mayor fJee stated the problem 6efore the Council is that they could act tliis evening on a resolution to approve the transfer; however, if it is decided not to approve the transfer ur�til they have made ainendments, this would add about two months to the proceedings. Mayor Nee stated, in an effort to accomrrodate both the concerns of the company and concerns of the Commission, he sug9ested there may be some middle ground whereby the Council would secure either the assurance that the company would not litigate against the amendments or that the company concurred with the memo that the City Attorney, Mr. Herrick, provided which stated that the Council had the posaer unilaterally to amend. Mr. Ed Carpenter, attorney representing Gen2ral Television, stated they are trying to get action on th? transfer of the control of General Television, Inc. and cryed the Council to separate the transfer from the amendment question. � Mr. Carpenter explained that General Television, Inc. is a parent company of General Television of Minnesota which holds the Fridley franchise. He stated that company will not 6e changing, but what is happening is that General 7elevision, Irc. will be merging into a subsidiary of Storer Broadcasting Company and there are over 400 shareholders of General Television who will receive cash or stock from Storer. Mr. Carpenter explained this rierger involves transfer of control of General Television of P7innesota and transfer of controt of two East coast su6- sidiaries. Mr. Carpenter stated they have heen required to obtain FCC approval and the shamholders will meet on Februaiy 15, 1979 to approve or disapprove this transaction. Mr. Carpenter stated he is trying to separate the transfer of the franchise from the amendinents and stated the Council has an opinion that the franchise oi-dinance can be amended unilaterally and that they would have the same rights after the ownership has chan9ed. He fett the question on the amendments is much more complex and would take additional study. Councilman Schneider asked if Mr. Carpenter concurred with �Ar. Herrick's opinion. � � Mr. Carpenter stated it seemed the ordinance covers this and is very clear. If you take the ordinance literally, it can be unilaterally amended. Mr. Herrick,.City Attorney, stated the amendment would have to be reasonable, however, within Che framework of the ordinance, but it clearly states it can be amended. He stated it was accepted by 6eneral Television in its present form and would be accepted by Storer in its present form. , ,_ _.__._ . . ' _\ . _...__. _.. ... .. .:_:_ .. _... _ _.. _.___. _ ._. .. ... _ . .. __ _ _.__il � � J , REGULAR MEETING OF JANUARY 22, 1979 PAGE 1p � I '�. Mr. Herrick stated the Council was attempting to Sind a middle ground tiy asking the proposed o�mers to either accept the provisions that the � '' ��. ordinance could be amended by the Council or to make a statement to � the effect that they woutdn't object to the nature of the proposed amend- '�� . ments. He stated the statement they received from Northern Cablevision ' . skirts these concerns, as it doesn't really forthrightly say "yes" ��, to either of these requests. � � '�. I Mr. Herrick felt another alternative would be to ask the person who . drafted the letter for a more positive statement and have that before . the Council at their first meeting in February. He felt, if that statement '. ' was less ambiguous than the one the City has now, action could be taken � ; � at that time. Councilman Schneider felt a letter from Storer saying they agree with the amendments or agree with D1r. Herrick's opinion regarding unilateral changing of the franchise would solve the problem. Mr. Ed Kaspszak stated the Canmission feels that the franchise, as it exists today, is but an embryo and within 70 years you will see things that were unheard of this evening. He stated a company like Storer will get involved not only in the programming that we have today, but, for example, telephone bankin9, retail catalog orders, educational systems of all kinds, market research, etc. He stated the Commission wanted the amendments, as.part of the merger, as they felt it would be easier to handle these at this time rather than when the merger is up for renewal. Mr. Kaspszak stated these amendments have been discussed over a period of years at�many meetings and the Commission knows what it �aants to do and feels it has the concensus of the cnmm��o;r�. � � Mr. Kaspszak stated Storer was warned back in November that this process ��.. could take two or three months or even longer. He felt Storer thought '�.. that what was going to 6e resolved was the merger and there wouldn't , �' be any amendment�process. He stated the Commission doesn't feel this way. ��. Ne thought there might be some damage done internally ���ith the stock- '�� holders, but felt it was very hard to intermin9le the interests of Fridley with the stockholders. Mr. Kaspszak stated he was sensitive .. to the.problem, but felt his responsibility is to the City. Mr. Doug Nedin, legal counsel for the CATV Commission, stated Mr. Erickson (legal counset for Storer) noted at the January 9, 7979 meeting that the ordinance could be amended and felt this would comply with Councilman Schneider's request. Councilman Fitzpatrick pointed out, if what Mr. Hedin stated was true, wfly the company was reluctant to reflect this in their letter to support their position more strongly. � MOTION by Councilman Fitzpatrick to receive the letter from Northern Cablevision dated danuary 19, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mr. Jim Erickson, legal counsel representing Storer, stated the Council has 6efore them a recemnendation to approve the merger contingent on amendments. He stated if there is any question on what the company's position is on the right of the City to amend the franchise, they agree with Mr. lierrick's interpretation that the City has the right to alter the terms to make any reasonable changes. Mr. Erickson stated he made this point to the Cominission that they felt it would be in the best interests of Storer and best interest of the City to withhold action on the amendments until such time as Storer Broadcasting� operates this system. He felt a number�of concerns of the City would be eliminated so felt it doesn't make sense to spend a�great deal of time arguing over things that six months from now will not be an issue. n,r REGULAR MEETING OF JANUARY 22, 1979 PAGE 11 Mr. Erickson stated some of the amendments may not be necessary and some amendments that aren't being recom;aended now may arise. He stated there were some internal inconsistencies in the last minutes that were adopted, but d�idn't see anything the company can't live �iith. Mr. Erickson requested the Council to approve the transfer this evening. He pointed out that the transfer reso1ution, to be effective, has to 6e clean unto itself and that the transfer not be contingent on the Council passing any amendments. Councilman Schneider stated to Mr. Erickson that on January 9, he took the position that he would recommend to Storer. that they not buy the franchise, if the 59; fee was attached. Councilman Schneider asked if he is now saying that he is mconunending that it is an acceptable franchise amendment that they could live with. . Mr. Erickson stated he saw nothing in the concept of those amendments that, if taken up after six inonths of Storer's operations, they couldn't live with. If they are taken up now, his coirunents remain the same. Councilman Schneider asked, if the Council approved the transfer and then proceeded with these amendments into the franchise, would they then consider them unreasonable and challenge Mr. Herrick's opinion. Mr. Erickson stated he would have one view if they o-�ere adopted now, hoo-�ever, six�months later they �vould take a different position. Mr. Erickson felt, if the Council approves the merger this evening, it should 5e irrelevant whether the am?ndrroents come up immediately or to � wait two or three rtronths to give Storer the six months they asked fior. Councilman Schneider felt this was inconsistent, as�they agree with Mr. Herrick's ruling that the City can unilaterally change the francise, and yet they are saying these amer�dments six months from no�w are reason- able, but these amendments two months from now might be construed as unreasonable. , Mr. Erickson stated the reasonableness is not the issue, but the timing is. Mr. Herri�ck stated to Mr. EricY.son that he has made certain statements as to position and asked if he was authorized to make these on behalf of his client so the City wouidn't get into a position later where officials of Storer might say that Mr. Erickson said things without their explicit authority. Mr. Erickson stated, in his experience with Storer, they trust his legal opinion and doesn't think they are that kind of a company. Mr. Herrick asked Mr. Erickson if the Council tabled this matter to the first meeting in February so that there could be additional discussion between the attorneys, if this would be a major problem. Mr. Erickson stated the stockholders meeting is for February 15, but if the Council could take action the first meeting in February, felt it wouldn't jeopardize the transaction. Senator Schaaf stated he has some understanding of the background of cable television�in Fridley so he has more than a normal interest. Ne stated Storer�is coming to our community in different circumstances than the current operator. He stated we�can clearly see the operator wants this to be a success and nezds to operate a number of systems to be a successful financial adventure. He stated he believes Storer has the ability and background to make this good and thinks if the City gives them a hair of good faith and approves the merger and transfer, Storer will come to Fridley and do a good job. Councilman Schneider stated it seems the Council is spending an inordinate � __ _ . _._. _ __- _� .__.. _. __i.._, ____. ..__._... __.__.. __ . . _ . _ _ 47 . REGUUIR MEETING OF JANUARY 22, 1979 PAGE 12 '� i ��, amount of time when one simple letter would solve the problem. Senator Schaaf stated Storer wants the opportunity to really do it right and show the Council some hard evidence of what is happening. He stated there is nothing wror,g to look at it from their point�of view. MOTION by Councilman Fitzpatrick to table this item to the meeting of Fetiruary 5, 1974. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. '� � Councilman Fitzpatrick stated the Council has heard Councilman Schneider ; � state over and over that the.Council wants to see a letter, like the � one received into the record, that states what perhaps Mr. Erickson has J stated this evening, and what is in the minutes of the CATV meeting. �. Mr. Erickson stated his client gets impatient with lao-iyers and questioned �� why they didn't transfer the franchise. hle stated his client asked ' what the Council wanted and for the City Attorney to write this out and � � Mr. Daniels will sign it. Mr. Erickson stated it seems like they are � always the ones that must have the faith. Mayor Nee stated, since he has a motion to ta61e which has been acted on; he would poll the Council as to their wishes. Mr. Herrick stated, prior to the motion to table, he was going to say that he would withdraw his suggestion to table because he had discussion with Mr. Doug Hedin and on the question he wished to discuss with him, he had received an anstaer to his satisfaction. Mayor Nee stated some questions are raised in his mind about separating the transfer of the franchise and the amendments because the Commission was very explicit. � Councilman Barnette stated he has no qualms about signing the transfer, �, � except he has a lot of respect for the CATU Commission and would, there- �, ! fore, be leary about voting on anything this evening if the conditions '. . weren't met. � Councilman Schneider stated he is not intending to say Storer is dis- � reputable, but would feel mom comfortable in having whct Mr. Erickson '� said on record, in a letter saying they agree with the City Attorney's ; opinion. � Councilwoman �4oses stated she agrees with Councilmen Barnette and � Schneider as to what the Commission has recommended, however, sees this as a matter six months down the road, if they need the amendments at that time, they could get them. She stated getting it in writing doesn't seem to be the problem anymore. Councilman Fitzpatrick felt the Council has the recommendation of the CATV Commission and if the City Attorney feels what is on the record serves the purpose, the Council will very likely proceed with the merger. He stated he would tike to have Storer state iheir position in the form of a letter ard the Council wou1G 6e receptive of that on February 5. Mr. Larry Chevalier, a member of the CATV Commission, stated his only comment is that several of the Commission members�are new on the Commission and felt they are taking a fairly fresh lonk at the matter. He stated his feelings are in the memo and expressed to Chairman Kaspszak. Mayor Nee suggested a recess to enable the attorneys to discuss this further. RECESS: Recess called by Mayor Nee at 10:08 p.m. � RECONYENED: i The meeting was reconvened at 10:25 p.m. by Mayor Nee. All Council ,� members were present. � MOTION by Councilman Schneider to reconsider the motion to table the . I �S it REGULAR MEETING OF JANUARY 22, 1979 PAGE 13 franchise transfer. Seconded 6y Councilman Barnette. Upon a voice vote, all.voting aye, f-0ayor Mee declared the niotion carried unanimously. REC@IVING LETiER DATED JANUFRY 22, 1979 FkOP1 NDRTHERN CF6LEVISION AND SIGIlEU 6Y MR.� JAi1-S fh1f1IELSt MOTIO�! 6y Councilman Schneider to mceive the letter froin Mr. Daniels of Northern Cabievision dated .lanuary 22, 1�979. Seconded by Council- woman Moses. Upon a voice vote, all votiny aye, Mayor Nec declared the motion carried unanir.�ously. Mr. Kaspszak stated he, Larry Chevalier, �oug Hedin, Virgil Herrick and. representatives of Storer came up with word�ing in Lhe letter, which the Council just received, �•ihich they feel was what the Ccmmission was seeking He felt this letter is sTating the commitments the company should make so that the transfer or merger can be done in an orderly process. Mr. Kaspszak asked if the suggested amendments should be part of the letter. Mr. Herrick stated that they should be included. NG TNE OIJNERSHIP FlND COPITROL OF THE MOTIO`J by Councilwoman P7oses to adopt Resolution No. 12-1979 in reliance on the letter dated January 22, 1979 from the company. Seconded by Councilnan Schneider. Upon a voice vote, all voCing aye, Mayor Nee declared the motion carried unaninrously. DISCUSSION REuARDING TOWING COGlTfL1CT: Mr. Jim Hill, Public Safety Director, staked data �;as submitted reoarding tovring rates in the City and surromiding areas. He stated that Shorty's Towing has raised their rates above what e�as initially ne9otiated and authorized in their 7974 contrect. Mr. Hill felt, because of the rate increases, this information should be brought to the Council. He stated he discussed this matter with the City Attorney and the City has tvio options. One option woulA be to authorize the City adininistration to go through the bidding process for a towing contract and the other option would be to accept Shorty's new rates or perhaps negotiate sonething and continue on with the existing contract. Councilwoman Moses asked if they are charged an hourly rate from the time the person leaves his business. Mr. Hill stated the only hourly rate they are looking at is the accident rate and pointed out these are private tows. Mr. Hilt stated, it is his opinion, that bidding wouldn't be of any significant value relative to cost to the City; however, it would open up the towing contract to others that miyht be interested. Councilnan [3arnette asked, if the Council accepted the new rates, how long woutd they be in effect. A representative of Shorty's stated the rates oiere raised about four months ago and that was the first time in five years. He pointed out that, with inflation, his costs for equipment and insurance have risen greatly. MDTIDN by Councilman 6arnette to accept the rate increases and continue the existing contract with Shorty's Towing with the following amendments: (1) Under accidents, the charge not to exceed $25 per hour; (2) Under outside storage, no charge is made if vehicle is picked up riithin the �3� I __ I � i i REGULAR MEETING OF JANUARY 22, 1979 � PAGE 14 first 12 hours; (3) on cancelled tows, there will be "no charge"; and (4j Under the "hauling and recycling center", this section to be eliminated. Seconded 6y Council�nan Schneider. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. � � � �, , RECEIV[MG BIDS AND AWARDING COhlTRACT FOR f4ISCELLANEO�S COPlCRETE CUR6 AW� GUTTER ANU DRNEW�Y APPROF1CIi RECONSiRUCTION (�6ID OPEFlING dAPIUARY 15, 1975 : �4r. Sobiech, Public Works Director, stated these 6ids were received for the removal and replacement of miscellaneous concrete cur5 and gutter and drive��iay openings. He stated the low bidder was Halverson Construction and it is recommended they be awarded the contract. Councilman Schneider asked a6out the bid firom Victor Carlson and Son, Inc. Mr. Sobiech stated they felt this company was more into sidewalk construction than curb and gutter replacement. - MOTION by Councilman Schneider to receive the following bids for miscellaneous concrete curb and gutter and driveway approach reconstruction: COMPFlNY Arcon Construction Mora Minnesota � 55057 Harstad Company 7701 Highway 65 N.E. fridley, MN 55432 � Hatverson Construction 4227 -.765th Avenue N.E. Wyoming, MN 55092 Victor Carlson & Son, Inc 2246 Edgewood Ave. So. Minneapolis, MN 55426 Schumann Bros., Inc. P. 0. Box 8599 White Bear Lake, MN 55170 6ID PROPOSpLS No Bid No Bid Bid Bond: 5% - Great American Insurance Proposal "A": $75.00 Alternate Proposal "!4": $15J5 Proposal "B": y17.00 Alternate Proposal "6": E17.50 *Total Cost Curbing: $U.50 = .�45,500,00 Handicap Unit Price: $2II5.00 = $71,970.D0• **Total Construction Cost: 557,470.00 6id 6ond: 5� - St. Paul Fire & Marine Proposal "A": $28.50 � Alternate Proposal "A": $32.00 Proposal "B": $38.50 Alternate Proposal "B": $42.OD *Total Cost Curtring: 538.5D = $100,100.00 Handicap Unit Price: "y792.00 = $33,264.00 **Total Construction Cost: 5733,364.00 Bid Bond: 5w - United Fidelity Proposal "A": $14.50 � Alternate Proposal "A": 516.00 ProPosal "B": �17.90 Alternate Proposal "B": $19�.00 *7ota1 Cost Curbing: $19.OD = 549,400.00 Handicap Unit Price: $320.00 = �13,440.OD **Total Construction Cost: 362,840.00 *Highest Unit Price X 2,600 Linear Feet (estimated quantity) **Total Construction Cost is Total Cost Curbing pl.us Handicap (Handicap Unit Price X 42) Secmided 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrSed unanimously. � � MOTION by Councilman Schneider to award the contract for miscellaneous . concrete curb and. gutter and driveway approach reconstruction to Haiverson , � Construction. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, hlayor Nee declared the motion carried unanimously. i �i � REGULAR MEETING OF JANUARY 22, 1979 PAGE 15 NING TO INSTAIIATION OF Mr. Sobiech, Public Works Director, presented alternative funding proposals for the installation of a sigral at TH 47 and 69th Avenue. Councilman Schneider stated he recognizes the need for the signal, but wondemd if a precedent m�ould be set. Mr. Qureshi, City �4anager, stated the City has contributed, in the past, up to SOl for the�cost of signa15. � Councilman 6arnette stated the people he had contacted in his area unanimously agreed there should be a si9nal at this intersection, however, as far as being assessed, the residents felt the State and City shoald pay the cost. He stated he did ta14: with the residents regarding the assessment over a ten year pericd and with, one or two exceptions, most felt the figure of $20 per year, plus interest, was reasonable. Mr. Qureshi, City Manager, stated it is hoped that only 1/4 of the cost 'i would have to be raised by special assessment with 3/4 paid for by the �I, City and County. He felt, however, if there is a strong objection, the .. ' idea shouldn't be proposed. I Councilinan Barnette felt there wouldn't be a strong objection, if the �... assessment was reasonable. '�. Mr. Qureshi pointed out, in recent times, the City hasn't contributed to signals because the majority of the cost was funded by other governmental agencies. He felt the County would contribute some money for the cost of this signal. Councilman FitzpatricY, felt the signal shovld serve a general service to justify the City's participation. Councilwoman Moses felt it e;as a good idea to approath the people, 6ut questioned if the City has the ironey to spend for the signal. Mr. Qureshi stated the Council would, in a way, be contribu*ing some of its future funds. He stated if the signal is provided and the City participates, about an additiona7 $30,000 would have to be appropriated next year. Mr. Qureshi felt the only precedent involved is that the City has never assessed neighborboods for this iinprovement. He felt the staff could� prepare an outline listing the reasons why the City cannot get a signal at this intersection and find out if there is support for this approach as an alternative for having the signal installed. It was generally agreed by the Council that probably the funding under Item t.'5 would be the inost desirable with the City contributing 507, the County contributing 25N and the remaining Z5� to be assessed, if they were to proceed with the signalization. MOTION by Councilnan Barnette to cor�cur with the recomniendation and adopt Item 5 as an operating plan for a signal at TH 47 and 69th Avenue.. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION fJO. 13-7979 REQUESTIPlG ANOKA COUNTY COhtMI5SI0NERS TO SHARE IN SIGPlALILATION IhiPROVEMENT COSTS: — MOTION by Councilman fitzpatrick to adopt Resolution No. 13-7979. Seconded by Councilinan Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i _ _ _ . __ _ `�1 REGULAR KiEETIN6 OF dANUARY 22, 1979 PAGE 16 RESOLUTIUN N0. 74-7979 TO AUGPT THE FINE SCHEDULE: Mr. Herrick, City Attorney, stated the pr�ocedure that was adopted a-iginally was that the Council passed a resolution in u�hich they made eecommendations to the judges regardin9 the fines. He stateA the judges then, if they concurreA, adopted the fine schedule. He stated the pimpose of the fine schedule is that if, in certain cases, a person wishes to plead,guilty and pay the fine, they don't have to appear in court. He stated this fine schedule is given to the Clerk so they will know what the an��ount of the fine will be. M1layor Nee felt it should probably be a proposed fine schedule. . Mr. Herrick believed, in the past, the Council has adopted the fine schedule, � by resolution, and then forwarded it to the Court and asked, if they find it ' acceptable, to impieinent it by court rules. '.. MOTION by Councilman Fitzpatrick to adopt Resolution No. 74-19J9. Seconded ��, by Councilman 6arnette. Upon a voice vote, all voting aye, hlayor Nee ; declared the motion carried unanimously. ���, RESOLUTIOPo N0. 75-1979 URGING GOVFRNOR �IE TO REAFPOINT �4ARCIA BENNETT TO '�. REPRESENT FRIDLEY'S DISTRICT ON TNE NETROPOLITAN COUNCIL: . MDTION by Councilman Fitzpatrick to adopt Resolution No. 15-1979. Seconded by Councilwoinan Moses. Upon a voice vote, all voting aye, P1ayor Nee �. declared the motion carried unaniinousty. . Councilman Fitzpatrick also requested that copies of this resolution be sent to the legislative delegates from our legislative district. CO�dSIDERATI0IV OF RESIGNATIOY OF D.4VID THIELE, HU."�IAN RESOURCES COMP1ISSIOtC: MOTION by Councilman Fitzpatrick to receive the resignation of �avid Thiele from the Numan Resourees Commission. Seconded by Councilrnan Schneidzr. Upon a voice vote, all voting aye, f4ayor tJee declzred the motion carried unanimously. ESTIMATES: MDTIOfI by Councilman Barnette to approve the estimated�as subinitted. Weaver, Talle & Herrick 6279 UniversiYy Flvenue N.E. Fridley, MN 55432 For Services Rendered as City Attorney For Oecember, 1978 $2,809.90 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � LICENSES: � M0T70h by Councilman Fitzpatrick to approve the�licenses as submitted and � as on file in the License Clerk'S Office. Seconded 6y Councilman Schneider. ' Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , CLAIMS: . MOTION 6y Councilman Fitzpatrick to authorize payment of Claims fJo. 320507 ; through 018938. Seconded by Councilman [3arnette. Upon a voice vote, all ��.. voting aye, Mayor Nee declared the motion carried unanimously. � OPENINGS ON CHARTER COMPIISSION: � '� Mayor Nee stated he received a call from Chief Judge, Connie Forsberg, who . , indicated there were four openin9s on the Charter CoRenission. He stated '. she would like recommendations from the Council and stated three persons 0� FRIDLEY CiTY COUNC i L REGULAR MEETING — �ANUARY ZZ, 1979 — 7;30 P� M� �'�EMO T0: DE°AR7MENT NEADS FOLLOWING ARE THE "ACTIQNS ��EEDED��� PLEASE HAVE YOUR ANSWERS BACK IN THE CITY �ANAGER`S OFFICE BY THE �'IEDNESDAY BEFORE 7HE NEXT REGULAR COUNCIL MEETING� THANK YOU. �.��ucc�.a,��-��, ��/'�� RE6ULAR MEETING, DECEMBER l�, 1978 Approved REGULAR MEETING, ,JANUARY 8, 1979 Approved with correction PUBLIC fiEARING OF �ANUARY 15, 1979 Approved ACTION TAKEN: Minutes have been corrected and all filed for future reference ADP�IfdISTRATION OF OATH OF OFFICE TO ELECTED OFFICIAL: �iARD I� CHERYL MOSCS Sworn in ADOPTION OF AGEPJDA; Add 2 Items:. Council Committee Appointments Resolution Urging Mrs. Bennett's Reappointment to Metro Council OPE�! FORUP9, VISITORS: ( CONSIDERATION OF ITEMS NOT ON AGENDq — IS �`�INUTES) No Response - � � OLD BUSIPIESS: � FINANCE � PUBLIC WORKS PUBLIC WORKS CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY. � � , � , � � � � � � � � � � � � � � � � . � � � 1 - 1 A Item tabled for two weeks ACTION PJEEDED: Put item back on the Agenda of February 5, 1979 CITY COUNCIL COfAMITTEE APPOINTMENTS All Council appointments were made fVEtJ BUSI��ESS: CONSIDERATION OF APPROVAL OF FINAL PLAT; PRELIMINARY $UBDIVISION P,S. #78-06, �ABA REALTY FIRST ADDITION, BY RAY �'�ORMSBECKER� �ENERALLY LOCATED AT �3RD-AND Z_ 2 � UNIVERSITY AVENUE� � � � � � � � � � ' ' ' ' ' ' ' ' ' ' Appraved with stipulations �CTION NEEDED: Inform applicant of Council action RECEIVING THE MINUTES OF THE PLANNING COMMISSION �'�EETING OF �ANUARY l�, 1979� � � � � � � � � � � � ' ` ' 3 - 3 �° 1. Innsbruck North Townhouse Plat 5; P.S. #78-07 and � Townhouse Development T-#78-01 Fountain Oaks by 3_ 3H Darrel Farr Development Corp. . . . . . . . . . . . Planning Comm. Recommendation: Approve contingent & 3Q upon approval by the Townhouse Association. � Council Action Required: Set public hearing Set public hearing for February 12, 1979> or as soon as possiGle ;TION NEEDED: Make arrangements for puhlic hearing for as soon as po�sible , 2. Viking Engineering and Development Company; SAV �78-05; 7740 Beech Street. . . . . . . . . . . . 3H - 3J Planning Comm. Recommendation: Approve with & 3R stipulation Council Action Required: Set pu6lic hearin9 Set public hearing for February 12, 1979, or as soon as possible PUBLIC WORKS ACTION NEEDED: Make arrangements fbr public hearing for as soon as possible = I NEi� BUSINESS iCONTINUED) PLANNING COMMISSION MINUTES �CONTINUED) 3. Environmental Quality Commission Minutes of November 21, 1978 A. Airport Expansion . . . . . . . . . . . . . . . . 3T - 3AA EQC Recommendation: Chair communicate with M.P.C.A. regarding permit and regulatory process Planninq Comm. RecorrQnendation: Motion out of order and should be directed to City Council ' Council Action Required: Consideration of sendin9 communication EQC Recommendation: Correspond with Governor to request funding of master plan be withdrawn Council Action Required: Consideration of recommendation Staff to contact MAC to see if master plan includes alternatives ACTION NEEDED: Contact MAC for information requested by City Council B. Zoning Code . . . . . . . . . . . . . . . • . . . 3AA - 3CC EQC REcommendaiion: Interim development control capability and noise control be incorporated into zoning code Council Action Required: Consideration of recommenda- tion and keep in mind when zoning code presented to Council � Ref.er to Planning Commission ACTION P�EEDED: Refer item to Planning Commission as requested by Council C. Motorized Recreational Vehicle Use in City. ... 3DD EQC Recommendation: That they review possible sites Council Action Required: Consideration of suggestion Refer to Councilman Barnette KS ACTION NEEDED: Refer information on to Councilman Barnette � , I P1E�d BUSINESS iCONTINUED) PLANNING COMMISSION MINUTES �CONTINUED) 4, Parks and Recreation CortQnission Meeting of November 27> 1978 A. FYSA - Cancellation of Little League Lease. ... 3LL & 300 PRC Recommendation: Concur with letter daied November 27, 1978 from Glenn Van Nulzen Planninq Comm Recommendation: Concur Council Action Required: Consideration of recommendation Concurred with Commission and approved ACTION NEEDED: Inform the Parks & Recreation Cortunission that Council has concurred with termination of lease and cancel lease as recommended. B. FYSA - Fee Proposal for 1979. . . . . . . . . 3MM & 3PP PRC Recommendation: Concur with recommendations of FYSA Planninq Comm Recommendation: Concur , Council Action Required: Consideration of recommendation Concurred with Commission KS DEPT. ACTION NEEDED: Inform the FYSA and Parks & Recreation Commission of Council concurrence and proceed as authorized. PT C. Lions Club Request - Renaming Moore Lake. .., 3fdP1 & 3NN PRC'Recommendation: Moore Lake Park be renamed �'QQ 8 3RR Moore Lake Lions Park Planning Comm Recommendation: Concur �ouncil Action Required: Consideration of recommendation � Tabled to next regular meeting and also on agenda for conference meeting ACTION NEEDED: Put item on agendas of conference meetin9 and next regular Council Meeting RECEIVING THE MINUTES OF THE CHARTER COMMISSION 4- 4 H ��EETI NG OF ��OVEMBER 21; 1973 � � � � � � � � � � � � �t ' ' Minutes received ACTION TAKEN: Minutes have been filed for future reference , ` � NE4J BUSIPJESS (CoNTINUED) C RECEIVING THE MINUTES OF THE CATV COMMISSION PUBLIC fiEARING MEETING OF �ANUARY g, 1979� , � � � � � � � � � � 5 - 5 M Franchise Transfer CATV Commission Recononendation: Approve with stipulations Council Action Required: Consideration of recommendation . Minutes received TION TAKEN: Minutes have been filed for future reference • RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING oF �ANUARY 16, 1979, , , , , , , , , , , , , , , CATV Ordinance Amendments CAN Commission Recommendation: Approve Council Action Required: Set public hearing Minutes received. Letter to Mayor Nee from James Cablevision, Inc. received ,,,,G-6I Daniels, Northern Resolution No. 12-1979 adopted--Transferring the Ownership and Control of the Frid7ey Cable Communications System and Franchise to Storer Cable TV of Delaware, Inc. ACTION NEEDED: Send certified copy of Resolution along with letter (for City Manager's signature) MN Cable Communications_Board and other appropriate parties. � DISCUSSION REGARDING TOWIN6 CONTRACT� � � � � � � � Council approved rate increases and directed the continuation of the contract with Shorty's Towing with t' han es in the contract cer ain c g .�ACTION NEEDED: Make changes by amendment to the Contract and have executed and forwarded to appropriate parties RECEIVING BIDS AND AWARDING CONTRACT FOR h�1SCELLAN- � EOUS CONCRETE CURB AND GUTTER AND DRIVEWAY APPROACH RECONSTRUCTION ��ID �PENING �AN� 15, 1979), , � , � � � � g - 8.A Received bids and awarded contract to HaTvorson Contruction Company PUBLIC WORKS ACTION NEEDED: Inform bidders of award ° I I r�EY� BUSI��ESS �CONTINUED) DISCUSSION PERTAINING TO INSTALLATION OF SIGNAL ON TH 47 aND 69TH AVENUE AND CONSIDERATION OF RESOLUTION REQUESTING ANaKA COUNTY COMMISSIONERS TO SHARE IN SIGNALIZATION IMPROVEMEfdT �OSTS� �� .��.�., 9- 9 E Resolution No. 13-1979 adopted ' Adopted Alternative No. 5 as operating plan WORKS ACTION NEEDED: Forward resolution to Anoka County Commissioners� CONSIDERATION OF A PESO WTION TO ADOPT THE FINE SCHEDULE, � � � � , � � � � � � � � � � � � � � � � � � �IO - IO C Resolution No. 14-1979 adopted ITY MANAGER ACTION NEEDED: Inform all affected parties and request that the County Court issue an order promulgating the same. RESOLUTION N0. 15-1979 URGING GOVERNOR QUIE TO REAPP�INT MARSHA BENPJETT TO REPRESENT OUR DISTRICT ON 1HE METRPOLITAN COUNCIL Resolution adopted ACTION NEEDED: Forward certified copy of resolution to 6overnor, Legislators, Council Chairinan and M rsha Bennett �ONSIDERATION OF �ESIGNATION OF DAVID THIELE, NUMAN •RESOURCES COMMISSION� � � , � . � � � � � � � � � � I.1 Resignation received ACTION NEEDED: Put appointment on list for new appointee to commission in April. ESTIMATES� � � � � � � � � � � � � . � � . � � � . � � � IZ - IZ A Approved INANCE ACTION NEEDED: Pay estimates ' , LICENSES � � � � . � � � � � � � , � � � � , � � � � , � � 1'J Approved INANCE ACTION NEEDED: Issue licenses �LAIMS, � � � � � � � � � � � . � � � , � � � � . � . � � � 14 Approved NANCE ACTION NEEDED: Pay claims ' COUNCIL TO SU[3MIT NAMES OF SUGGESTED PERSON SO SERVE ON CHARTER COMMISSION AT NEXT P1EETING. COUNCIL WAS INFORMED OF SISTER CITY MEETING IdITH MCDTRONICS ON ADJOUR(d: 11:25 P.M. 2/6/79 fRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRE55 AND ITEM NUMBER INTERESTED IN unMF ADDRESS DATE: January 22, 1979 ITEM NUME=? ... _ - ----------- ---- ---- ---------------------------------------------------------_� FRfDLEY C1TY C011NCIL RE6ULAR MEETING - �ANUARY 22, 1979 — 7;30 P� M, PLEDGE OF ALLEGIA�4CE: APPROVAL OF f�INUTES: REGULAR MEETING, DECEPIBER l�, 1978 REGULAR MEETING, �ANUARY 8, 1979 PUBLIC HEARING OF �ANUARY 15, 1979 ADP9IfaISTRATION OF OATH OF OFFICE TO ELECTED OFFICIAL: YIARD I, CHERYL P�OSES ADOPTION OF AGEPJDA: 0 OPE^d FORUP�1, VISITORS: � CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) 4, . 0 � OLD BUSIMESS: CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE �F THE CITY OF FRIDLEY. � � � � � � � . . � � � � � � � . � � . . � � � � 1 - 1 A (VEW BUSIPdESS: CONSIDERATION OF APPROVAL OF FINAL PLAT; PRELIMINARY $UBDIVISION p.S,. #78-06, �ABA REALTY FIRST ADDITION, BY RAY �'�QRMSBECKER, GENERALLY LOCATED AT H3RIT AND UNIVERSITY AVENUE� � � � . � � � � , , . � � � � � � RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF �ANUARY 1�, 1979, � � � � . � � � � � 1. Innsbruck North Townhouse Plat 5; P.S. #78-07 and Townhouse Development T-#78-01 Fountain Oaks by Darrel Farr Development Corp. . . . . . . . . . . Planning Cortan. Recommendation: Approve contingent upon approval by the Townhouse Association. Council Action Required: Set public hearing , , 2-2� , , , , 3-3RR 3-3H & 3Q t ' 2. Viking Engineering and Development Company; SAV #78-05; 7740 Beech Street. . . . . . . . . . 3H - 3J Planning Comm. Recommendation: Approve with & 3R stipulation Council Action Required: Set public hearing NEW BUSINESS (CoNraNUEn) PLANNING COMMISSION MINUTES iCONTINUED) 3. Environmental Quality Cortmission Minutes of November 21, 1978 A. Airport Expansion. . . . . . . . . . . . 3T - 3AA EQC Recorrenendation: Chair communicate with M.P.C.A. regarding permit and regulatory process Planning Comm. Recormiendation: Motion out of order and should be directed to City Council • Council Action Required: Consideration of sending communication EQC Recorrunendation: Correspond with 6overnor to request funding of master plan be withdrawn Council Action Required: Consideration of recommendation B. Zoning Code. . . . . . . . . . . . . . . 3AA - 3CC EQC REcommendation: Interim development control • capability and noise control be incorporated into zoning code Council Action Required: Consideration of recommenda- tion and keep in mind when zoning code presented to Council . C. Motorized Recreational Vetiicle Use in City. ... 3DD EQC Recommendation: That they review possi6le sites Council Action Required: Consideration of suggestion , e 0 t'JEIJ BU�INESS ECONTINUED) PLANNING COMMISSION MINUTES �CONTINUED) 4. Parks and Recreation Corrmission Meeting of November 27, 1978 A. FYSA - Cancellation of Little League Lease. ... 3LL & 300 PRC Recommendation: Concur with letter dated November 27, 1978 from Glenn Van Hulzen Planning Corrcn. Recommendationi Concur � Council Action Required: Consideration of recommendation . B. FYSA - Fee Proposal for 1979. ... .... 3MM & 3PP PRC Recommendation: Concur with recommendations of FYSA Planning Cortm. Recommendation: Concur � Council Action Required: Consideration of recommendation C. Lions C7ub Request - Renaming Moore Lake. .., 3MM & 3NN PRC' Recommendation: Moore Lake Park be renamed � 3QQ & 3RR Moore Lake Lions Park Planning Comm. Recommendation: Concur Council Action Required: Consideration of recomnendation 0 RECEIVING THE MINUTES OF THE CHARTER COMMISSION ' P�EETING OF P�OVEMBER 21, 1978, , , , ; , , , , , , , , , , 4 - 4 H , NELJ BUSIPJESS (CONTINUED) RECEIVING THE �INUTES OF THE CATV COMMISSION PUBLIC fiEARING MEETING OF �ANUARY 9, 1979� � , � , . , , , , , � 5 - 5 M Franchise Transfer CATV Commission Recorrenendation: Approve with stipulations Council Action Required: Consideration of recommendation 0 RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING OF .IANUARY IE, 1979, , , , , , , , , , , , , , , , , , , G - 6 I CATU Ordinance Amendments CAN Commission Recommendation: Approve Council Action Required: Set public hearing 0 DISCUSSION iEGARDING TOWING CON7RACT� � , , , , , , , , , � PECEIVIN6 BIDS AND AWARDING CONTRACT FOR MISCELLAN— • EOUS CONCRETE CURB AND 6UTTER AND DRIVEWAY APPROACH � RECONSTRUCTION ��ID �PENING �AN� 15, 1979),�. , , , , , , $ ' 8 p tJE+J BUSINESS (CONTINUED) DISCUSSION PERTAINING TO INSTALLATION OF SIGNAL ON TH 4� AND 69TH AVENUE AND CONSIDERATION OF RESOLUTION REQUESTIN6 ANOKA COUNTY COMMISSIONERS TO $HARE IN $IGNALIZATION IMPROVEMENT �OSTS, �, . , , , , , , 9 - 9 E ICONSIDERATION OF A RESOLUTION TO ADOPT THE FINE SCHEDULE� , , , , , , , , , , , , , , , , , , , , , , , ,IO - IO C CONSIDERATION OF•RESIGNATION OF DAVID THIELE, HUMAN •RESOURCES COMMISSION, , , , , , , , , , , , , , , , ],l 0 ESTIMATES� � � � � � . � . . . . � . . � . . � � � � . , 12 - 12 � t LI CENSES � � � � . , � . � � . � . � � . � � . � � � � � , 13 �LA I MS � , � . � � . . . . . � � , � � � � , � � . � , � . � 1�1 ADJOURPl: i I t � I � THE MINUTES OF THE REGULAR MEETING OF THE FRSDLEY CITY COUNCIL OF DECEMBER 18, 1978 The Regular Meeting of the Fridley City Council was.called to order at 7:32 p.m. by Mayor Nee. � PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT:� Cuuncilman Fitzpatrick, Councilman Namernik, Mayor � Nee, Counciiman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL Of MINUTES: REGULAR MEETING, NOVEMBER 20, 7978: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Barnette to adopt the agenda as submitted. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously. OPEN_FORUM, VISITORS: � East River Road Improvement Proposal: Mrs. Adell Langenfeld, 79 - 63 i/2 Way, appeared before the Council regarding the proposal on East River Road. She asked that her comments be placed on record regarding the feeling of residents on the proposed improvemznt of East River Road. Mrs. langenfeld stated the residents feel the Council and County will be creating an uncontrol7able monster and all that would happen is the continu- j ation of a similar "bottlenzck". She stated they were tired of approaching I the Council�on this item and they have contacted Mr. KordiaY„ Mr. 0'Bannon ; and Mr. Bud Redepenning stating their negative position of this pruposal. � Mrs. Langenfeld pointed out that at the last Council meeting it was stated .. the matter is out of the Council's hands. She stated this is not so as they , � were told Anoka County will not act until the Council acts. She stated that , Mr. Redepenning has assured them this is still only a proposal, as noted in j a letter of December 1, 1976 to the City Manager from Comnissioner Kordiak. ' Mrs. Langenfeld stated it is the residents' understanding that the Northtown , Corridor proposal is undergoing the Environmental Impact Statement procedures '� � and they urged Council to incorporate all of East River Road in that study. , She questioned why the Council mem6ers didn't inform�their people of the i public hearing held last fall by Anoka County. � Mrs. Langenfeld pointed out in 1976 it was stated the City would lose Federal � Funds, if the project didn't go through, but.she now understands these funds � are set. aside and earning interest. She indicated this didn'.t 6other the . residents that much, but what did concern them was why statements are made which lead them to believe otherwise. Mrs. Langenfeld stated her husband, James Langenfeld, was perturbed with the statement made by Councilperson Schneider in which he stated "the Fridley 13 ]4 i / REGULAR MEETTN6 OF �ECEMBER 18, 7978 pAGE 2 Police must spend all their time on East River Road and cannot handle the other problems with the City". She felt the point is that this statement was a diversion tactic to divert from the�real issue. . Mrs. Langenfeld" stated when Mayor Nee was running for third ward Council- person, he stated in his campaign literature that "it was an outrage and the East River Road neighborhoods are already bein9 severely damaged 6y the mounting traffic load 6eing dumped on us from the north. �There's no good reason we should be paying for development that can only attract more and more traffic." Mrs. Langenfeld stated the residents plan to form a Citizen's Cortmittee to fight this proposal and in order to save time, friends and votes, she urged the Council to vote NO when this proposal is acted upon. Mrs. Langenfeld stated, on a personal level, East River Road has caused them a great deal of grief, time and anxious moments trying to keep their property intact. She stated that now the County wants 40 feet of their property and questioned if the Council realizes the amount of loss not only to them, but others as well. Mr. Bonine, 125 River Edge Way, indicated most of the people in this area feel the same way as Mrs. Langenfeld. Mr.-Emerson, 99 - 64th Way, indicated he agreed with Mrs. Langenfeld's comments 100� and felt they should try to discourage traffic on East River Road. NEW BUSINESS: � RECEIVING THE MINUTES�OF THE PLANNING COMMISSIO!i MEETING OF �ECEMBER 6, 978: CABA REALTY FIRST ADDITION, PRELIMINARY SJBDIVISION P.S. �78-06, RAY WORMSBECKER 83RD AVENUE AN� UNIVERSITY AVENUE: MOTION by Councilman Hamernik to set the public hearing on this item for January 74, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mr. Sobiech, Public Works Director, stated this is a request for a special use permit to allow the property at 5333 University Avenue to be used for sales and service for installation of service station equipment. Mr. Sobiech stated the Planning Comnission recommended approval with the stipulation that a solid screening fence be erected immediately on the outside storage area and that landscaping be completed in the spring and be coordinated and compatible with the landscaping of Standard Oil on the south side of the property. Mr. Hanson> 12D57 Duke Drive N.E., the petitioner, stated he concurs with the need for exterior improvements. Mr. Hanson stated he hoped to put up the fence yet this year, if it is possible bec3use of the frost conditions. Mr. Qureshi, City Manager> indicated the City has problems in some areas where equipment hits the fence and indicated there should be some protection so that the fence is not damaged. Mr. Hanson stated he didn't think�this would be a problem as most of their trade is done away from the shop. � Mr. qureshi questioned the access and drainage. Mr. Sobiech stated the drainage would be� to the service drive and stated the petitioner doesn't intend to use the alley access. Mr. Qureshi questioned if the fence would interfere with persons using the I i � I iI ! I i � - ....��I �_.. i i: I I I i I I I i I � � REGULAR�MEETI.NG OF DECEM6ER 18, 1978 alley access. PAGE 3 Mr. Sobiech indicated they would make sure it was back far enough so as not to cause any interference. He stated a stiputation could be added that proper protection of the screening fence be provided. Mr. HOnson felt the only problem they might have is residents driving into the fence which woutd be negligence on their part. Mr. Qureshi pointed out they are trying not to develop a situation where he and the neighboriny residents get into a conflict. Councilman Fitzpatrick stated his chief concern is, from reading the minutes, it sounds like there would be a great deal of outside storage and wondered if the building on the property is suitable for the use proposed. Mr. Sotiiech stated, in discussions with�Mr. Hanson, he didn't get the idea there would be quite a bit of outside storage. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Cortmiission and approve SP #78-13 with the following stipu- lations: (1) That there be a solid screening fence erected imanediately on the outside storage area: (2) That landscaping be completed in the spring and be coordinated and compatible with the landscaping of Standard Oil on the south side; and (3) That some kind nf protection be provided to prevent damage to the fence. Seconded by Counci.lman Hamernik. Councilman Hamernik questioned if a time limit should be put on the screening and landscaping. Mr. Sobiech felt the landscaping could be done by the midtlle of May or first of June and the screening they wanted immediately, 6ut depending on the frost conditions this may have to wait until spring also. Mr. Hanson stated there wouldn't be any outside storage�until the fence is erected. UPON A VOICE VOTE TAKEN ON THE MOTION, ali voted aye, and Mayor Nee declared the motion carried unanimously. � DAN-LAN DEYEL�PMENT CORPORATION, LOT SPLIT H78-OS SOUTH OF 5430 5TH STREET: Mr. Sobiech, Public Works Director,-stated there is also a variance request associated with this lot split and asked that Council consider action on the l.ot split when they receive the variance request. There- fore, no action was taken on this item at this meeting. PROPOSALS FOR DOWNTOWN REVITALIZATION• This item appears later on the agenda regarding selection of a consultant for the downtown revitalization program. � MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of �ecember 6, 1978, Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanirtrously, . RECEIVING THE 147NUTES OF THE CABLE TELEVISION COMMISSION MEETING OF NOVEMBER 29, 797g; MDTION by Councilman Schneider to receive the minutes of the Cabie Television Cortrnission Meeting of November 29, 197g, Seconded by Council- man Pitzpatrick. Upon a voice vote, all voting�aye, Mayor�Nee declared the motion carried unanimously. IJ 1� RE6ULAR�MEETLNG OF DECEMBER 18, 1978 . - PAGE 4 Representatives of the Perlman-Rocque Company (North) appeared before the Council regarding development of a commercial facility in the City of Fridley. They stated they wished to build a distribution facility to supply the McDonald's Systems Tncorporated with various products and supplies needed to operate a�family type restaurant. They explained the fatility wilt tie 6uilt on�approximately six acres of land off East River Road, south of i-694. A site plan and artist's conception of the building were submitted for the Council's review. The proposed building is approximately 56,780 square feet with 28,600 feet for dry storage; 15,180 square feet for refrigeration; 7,000 square feet for the truck court; and 6,000 square feet for office and mezzanine. It is proposed to have a service drive for the truck yard to.90 on to 52nd Avenue. Mr. Bernie Friel, Attorney with the Briggs and Morgan law firm in St. Paul, explained the difference in the industrial tax exempt mortgage � as opposed to the industrial revenue bonds. He stated, in the case of industrial� revenue bonds, you have an underwriter involved which is not the case in an industriat tax exempt mortgage. He stated the proposed user comes to the Council with a banker who is willing to pick up the financing in a single note. He stated the municipal obligation is to see that the principal and interest of the note is paid from the revenue derived. Mr. Friel stated the resolution before the Council relates to the purposes for the financing and pointed out there is nothing in the resolution that o6lSgates the City to issue this note. . Councilman Barnette questioned if, in fact, this facility was built and the company went broke, if the City was o6ligated to make good on the note. Mr. Friel stated there is no financial obligation for the City, but the purpose of the financing is to help increase the City's tax base. Councilman Fitzpatrick indicated there was a lot of material and details in the agenda regarding.this proposed project. MOTION by Councilman fitzpatrick to adopt Resolution No. 126-1978, as noted on Pages 3 through 3C of the agenda book. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . � Mr. Sobiech, Public Works Director, stated this item was before the Planning Comnission and their recoircnendation was to proceed with pro- � fessional Planning and Development as the consultant. They also recomnended either a special assessment of the property owners in the area or a cooperative financing from property owners in the area to help pay for it. Mr. Sobiech stated a selection group was formed consisting of Jerry Boardman, City Planner, Bruce Goodman, Management Analyst, and him- self to make a recomnendation on the consultants. He stated they based their recommendation on bid proposals, publication presentations by the consultants, input from the Council and public at the presentations, reference calls to cities and firms familiar with Lhe work of the con- sultants and a review of�reports previously completed by the consultants. Besides this criteria, other things taken into consideration were good _ cortmunications with the Council, business community, general public and staff; a working knowledge of financial analyses and strategies; working knowledge of different types of grants that are available and the grants process; ability to conduct field research; ability to explain the potential of a project to developers and types of services provided in relation to the cost of the proposal. Mr. Sobiech stated, after careful review and analysis, it was the selection � REGULAR MEETING OF DECEMBER 78, 197g PAGE 5 17 group's recommendation that Professional Planning and.Development be selected as the consultant for the downtown revitalization program. Mr. Sobiech expTained four phases are indicated in this program and the consultant is aware that the City has the right to terminate the contract at the completion of any phase. . � Councilman Barnette�stated it was his understanding that a local Twin ! Cities firm would have some advantage. Mr. Sobiech stated Professional � Planning and Development has Mankato as their address, but have found they are working more and more in the metropotitan area. �� � Mr. Herrick, City Attorney, stated he could see no problems with the � . City's right to terminate after any phase since costs were listed. Councilman Hamernik stated the Planning Commission's recortmendation regarding the financing was considered at one time and it was felt this wasn't the approach the City should take at this time. He pointed out he was not ignoring their concerns and appreciated their cwnments, but felt the approach�they are taking is probably the most feasible and best way to get the program started. i MOTION 6y Councilman�Hamernik to concur with the recortmendation of �'� staff and award the 6id to the Professiona7 Planning and Development � Company and proceed, as recommended�, with the execution of the contract. ISeconded by Councilman Schneider. �, Councilman Schneider stated he basically concurs with the recoimnendation i of the Planning Comnission in trying to get the business cortmunity to share some of the expenses, but felt they have to look at a starting � point. He felt, however, it would be a benefit if this could be de- � veloped. He stated he looked at this as a catalyst to get something i moving and not for the City to overshadow the private business sector. '� Mr. S�biech stated the total amount for the study would be $15,500. i(�: UPON A VOICE�VOTE TAKEN ON THE ABOVE MOTION, a11 voted aye, and Mayor � Nee declared the motion carried unanimously. i CONSIDERATION OF APPROVAL OF PROFESSIONAL S:RVICE FOR ANIMAL CONTROL• ! � �� Mr. James Hill, Public Safety �irector, stated two quotes vrere received for animat control service in the City for 1979. These were from MAPSI, who currently has the contract with the City for these services> and the other was� from Blaine Midway. Mr. Hill stated.there were two plans, Plan A and Plan B, submitted for quotes. Plan A is basically the system the City is accustomed - to or an itemized system where the City agrees to pay a�ce�rtain rate for the type of services. He stated both MAPSI and Blaine Midway su6mitted quotes for this type of service. Mr. Hill stated, on Plan B, which is basically a flat rate regardless of the number or type of calls and the City is billed by the month, MpPSI did not submit a quote for that type of system. Mr. Hill stated, in reviewing the quotes, they find that Blaine Midway was stightly lower than the quotes received from MAPSI and are> there- fore, recommending that the animal control contract for 1979 be awarded to Blaine ldidway. Mr. Hill stated they are not specifically stating which plan would be used, but would anticipate they would stay with the original system for a certain amount of time until they get some feel as to what the costs would be. � He stated Blaine Midway has indicated there would be no pro6lem, if the City wanted to switch to the other type of billing. � Councilman Schneider stated last year when they were looking at the hids, there was some question regarding the adequacy of the facilities at Blaine Mitlway. n ��$ REGULAR MEETING Of DECEMBER 18, 1978 PAGE 6 Mr. Hill stated he has not personally inspected the facilities this year, but talked with other cities who do use this service and they are satisfied with the services provided. Mayor Nee questioned what kind of controls there are on businesses of this type as far as checking for disease. Mr. Greg Idax, owner of Blaine Midway, stated they are inspected periodi- cally 6y Federal inspectors and he is Federally licensed. He indicated he was more than happy to show the Council all or any inspection re- ports they have had since they've 6een in business. Councilman Fitzpatrick questioned how animal diseases were controlled. Mr. Wax stated thro�gh disinfectants and hard continuous scrubbings. � MOTION by Councilinan Barnette to approve 8laine Midway for animal control services for 1979. Seconded by Councilman Hamernik. � Dr. Hedges, owner of the Brighton Veterinary Nospital at 2615 Mississippi Street, felt Ruth Duchaine of the State Animal Humane Society should be contacted regarding the disease problems at 8laine Midway. He stated he was asked by Ms. Duchaine to testify on some of the disease problems at 6laine Midway> as they have had cases of distemper and kennel cough which he felt should.be looked into further. . Councilman Fitzpatrick stated he has heard of this type of thing and that was the reason for his earlier question. He felt, from the presentation, there isn't sufficient reason for changing the animal control services to Blaine Midway as MFPSI seems to be sati�sfactory. Councilman Schneider stated the reason for his question was that he had stopped by Blaine Midway unannounced and it was less than he had hoped to see. Ne asked Dr. Hedges if he was aware of similar problems with MAPSI. . Dr. Hedges stated he has seen kennel cough problems at MAPSI. Mr. Hiil stated he wished to emphasize they are totally satisfied with the services provided by MAPSI and the only reason they were recommending the change was because it was a lower bid. He stated, after checking with other cities regarding Blaine Midway, he could find no detrimental reason not to recommend the low bidder. , Councilman Hamernik stated his primary reason for supportin9 the Blaine Midway proposal was that they can reduce the patrol �eared to be af they so desire. .He stated he was surprised MAPSI app little negative in that aspect. � The manager of MAPSI stated in Plan B there are a lot of unknown factors. Mr. Hill stated MAPSI is not offering a bid on Ptan B, but simply saying they have the prerogative of reducing the number of patrol hours under Plan A. He stated he understands> if they reduce the patrol hours, that may increase the special calls. Mr. Wax stated he has heard some unrealistic and�untruthful remarks and would like to invite the Council out at�any time to check on his facilities. The manager of MAPS; pointed out if they have to "do�away" with any animal> their contract indicated they are liable and would have to defend the City and have proper insurance. He stated they do have a veterinarian on call. He stated, if the City is going to award the contract to Blaine Midway, he would make sure they have a licensed veterinarian. Mr. Hill stated the specifications do address this situation and the question of liability. � REGUUIR PoEETING OF DECEI4t3ER 18 197g � MDTIpN by Councilman Schneider to table this to #he first meet ngEin January in order to allow staff time to follow up on these points brou9ht up at this meetin9. .SecondeA by�Councilman Fitzpatrick. Upon .a voice vote, all voting aye, Idayor�Nee declared the motion carried unanimously. � . 14r. Hill stated he would investioate the health conditions further and report 6ack at the next meeting. � Mr. Sobiech, Public IJorks Director, stated this change order involves the - curbing.and sidewalks around the Vi7lage Green property site,. and stated �, �they�eiould be added to the 1979 project. HOTION by Councilnan Schneider to�approve Change Orderv #5, Street Improve- men± Project St. 197II-T with IJDH, Inc. to deduct the following: 63rd Avenue�(Sth Streef to 7th Street); 7th Street (63rd Avenue to Mississippi Street); and 5th Street (63rd Avenue to 130 feet�North) for a total de- duction of $77,996.22. Seconded by Councilman Fitzpatrick. tlpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ocrni u+,...� .�.. ..., .--- -- - � � l, �-N�,un ny �ounciiman Hamernik to adopt Resolution No. 127-197g, Seconded by Councilman Schneider. Upon a voice.vote, all voting aye, �1ayor Nee declared the motion carried unanimousiv. MUTION by Counciiman Barnette to adopt Resolution No. 728-1978, Seconded.by Councilman Schneider. �Upon a voice vote, all voting dye, Mayor Nee dectared the motion carried unanimously. � MOTION by Councilman Hamernik to adopt Resolution No. 129-1978. Seconded by Councilman Schneider. Mr. Sobiech, Public Works �irector, stated, based on the public hearing held last week, Arthur Street was etiminated under St. 1979-2 and the sidewalks for East River Road were eliminated under St. 7979-4 Mayor Nee stated, at the public hearing last week regarding the sidewalks on East River Road, it appeared about everyore was opposed to this improvement so that has been deleted. He stated he under- stands there are persons present this evening who wish to express themselves regarding the basic project. . Mr. Sobiech stated generally the improvement was to consist of � safety improvements to the roadway by adding sidewalks and shoulder areas. He stated medians were also proposed to protect the left turn movements and these locations were pointed out on the map. Mr. Sobiech stated the improvement project was ordered in 1971 and several stages have been completed, but the final phase has never been done. i Mr. Sobiech stated a public hearing is again being held beCause of , new legislation which requires that improvements having an assessment must be completed in a year and since the pr4ject was ordered in i�. 7971; a new hearing is being held. � i Mr. Sobiech stated the resolution now before the Council is ordering ithe improvement and authorizing certain assessments. � ' Councilman Fitzpatrick stated the people in the audience have been led to believe that, even though this is a County project, there is a point where the City has an approval or rejection position. 19 I �o REGULAR MEETLNG OF DECEMBER 18, 1978 - PAGE 8 Mr. Herrick, City�Attorney, stated there are two things you are talking about--one is legal authority to do the improvement and the other is the politics of whether it is going to be done or not. He stated the County has the authority to proceed with the improvement, without approval of the City. He stated, as a practical matter, however, the County may not do this. Mr. Ray Humann, 40 - 62 1/2 Way, submitted the notice he received to the City Attorney for his review. Mr. Herrick pointed out. the notice addresses a number of projects and lists the streets to be improved. He pointed out, at the hearing last week, there was discussion on what is proposed at this time> and what would be.assessed. . Mr. Humann stated it seems this matter comes up every few years and wondere'd if someone from the County'was pushing this improvement. Councilman Barnette stated he understands the County's viewpoint of the , improvement is a way of moving traffic. ' F1r. Wronski, 189 River Edge Way, stated if the left turn medians are installed, they would be getting nare traffic on their street. He stated �, he understands putting in the medians is simply a safety precaution.and . felt it would be��ore practical to simply lower the speed limit. ��. Mayor Nee stated that Mrs. Langenfetd quoted him corredly and stated he �, has always shared their view and worked for a number of years to try , and find some reasonable alternative on the safety issue. He stated the '�.. City petitioned for a 35 mile per hour speed limit and was turned down � by the State. He stated the City has initiated extensive control in ; trying to find some solution to the safety problem. �,.. Mr. Emerson, 99 - 64th Way, felt, by improving East River Road, they '��. are inviting more traffic and felt the Northtown Corridor would eliminate . traffic on East River Road. ���, � Mr. Hill, Public Safety Director, stated the Police Department finds it ,, very difficult to make stops on East River Road as there are orly a few j places where it is relatively safe to stop motorists. He stated about . 50% of the STEP time is used for enforcement on East River Road. Mr. Ellis, 70 - E3rd Way, felt the improvement would only be putting a band-aid on the project for a 7 block stretch, as that would be the only place the police could stop cars. Ms. Pangburn> 80 - 62 1/2 Way, pointed out that, if they proceed with this improvement, it would be necessary for her garage to�be moved. Mr. Qureshi, City Manager, pointed out that if the property owner can� prove that this improvement adversely affects their property and they have suffered damages, they would be compensated. Mr. Qureshi stated, as the road is now, �t gives no protection for pedes- trian or non-motorized vehicles. He stated the City desires to make �East River Road safer for the residents. Mr. Bonine, 125 River Edge Way, felt, by improving the road, you would have more traffic and it would be moving faster. Councilman Barnette stated in 1976 there was a project committee working on this matter of�East River Road and they were talking about left turn lanes to make it a safer roadway. . Mr. Fessenden, 111 - 63 1/2 Way, stated what they were discussing was an alternative to this plan, however, there was no mention of widening the road in ordcr to accomplish this. -Mr. Fessenden stated he has no objection to entering or exiting on East � River Road and hasn't seen a true safety factor. .... .. . .. . . _ ... . . . . . "� � �: i REGULAR�MEETIflG OF DECEMBER 18, 197g PAGE 9 Mr. Wronski questioned if the City has come up with any alternatives to this proposal. Mayor Nee stated the County proposal was to put medians in all the way and as a result of the hearings in 1971, the City prevailed on the County ta permit these turning procedures into the neighborhoods. Mr. Fessenden felt, by improving East River Road, it would only make it more attractive and they would have more traffic. Mr. fessenden stated, at the time of the project cortmittee study in 1976, the Minnesota Pollution Control�Agency did take decibel ratings on East River Road and they we�e in excess and any widening would be detrimental as it would increase the noise. _ Mr. Jim Langertfeld, 79 - 63 1/2 Way, stated Mr. Redepenning indicated ��. they would not violate the noise potlution levels and that the readings would only be a few decibels higher, but felt there was a tremendous � environmental concern irregardless of the traffic. L. Mr. Sobiech stated the County submitted an environmental assessment in making application for the project and they felt, based on certain noise level readings, that there would 6e no discernable increase in noise after the improvement as to what exists now. Mrs. Slater, 128 River Edge Way, stated all the people living on East River Road are satisfied and asked wfly the Council couldn't leave it alone. Councilman Fitzpatrick stated it surprises him that those persons who, over the last few years, were concerned with the safety�and asking for left turn lanes are not present this evening. He stated if the people present do represent the feelings of the people on East River Road, he stated he certainly has to represent them in his decision. Road andwabouta725peopletfromPthe�eastVSide�oftEasteRiverdRoad were present and objected to the improvement. Councilman Schneider stated he bzlieves there is a serious safety factor involved. He pointed out that 50% of the STEP program is for enforcement on East River Road and indicated this program wi71 pro6ably not be in existence in the next several years. Councilman Hamernik felt they have to be realistic and consider the safety factor. Councilman Fitzpatrick stated the people here this evening are the ones with the biggest safety problem, as they are turning off and onto�East River Road. He indicated he would like to see demonstration of the fact, that these people speak for all the people east and west between Charles Street and 64th Way. Councilman Fitzpatrick stated he does feel they are hearing from the peopte whose safety is most in jeopardy. Mr. Wronski stated they are all concerned wiih the safety problem, but are not in agree�nt with this particular solution. He indicated they want the safety problem resolved, but are not in favor of widening the road and putting in medians. He felt there had to be other alternatives. Mayor Nee stated it isn't as though the City hasn't tried to find other alternatives. Mr. Langenfeld stated to imply that they are not safety conscious is not true, but indicated they don't know if the improvement would increase traffic and create bottlenecks. MOTION by Councilman Barnette to table this item. Seconded by Councilman Fitzpatrick. . Councilman Fitzpatrick felt the storm sewer project would have to come 21 Z� REGULAR MEETTNG OF DECEMBER 18, 1976 PAGE 10 as a separate proposal as it is now tied to the improvement of East River Road. Mr. Sobiech felt even.if there is a problem with the total improvement, . they should continue with the storm sewer improvement.� . CDUNCILMAN FITZPATRICK WITNDREW HIS SECOND, AND COUNCILMAN BARNETTE WITH- DREW HIS MOTION. Mr. Herrick, City Attorney, stated the resolution could be adopted by amending the resolution to cover the drainage improvement only on East River Road from Charles Street to 64th Way. MOTION by Councilman Barnette to amend Resolution No. 129-1978 Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement Project 5T. 1979-1, ST. 1979-2 (MSAS) and ST. 1979-4 (CSRH) by changing the portion under ST. 1979-4 to read that this shall cover storm sewer improvements onl as it relates to East River Road from Charles Street to 64th�Way. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . RECESS: Recess called by Mayor Nee at 11:10 p.m RECONVENED: � Mayor Nee reconvened the meeting at 11:25 p.m. All Council members were present. MOTION by Councilman Fitzpatrick to adopt Resolution No. 130-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF CAPITAL IMPROVEMENT PROJECT FOR MUNICIPAL STATE AIU SYSTEM: Mr. Sobiech, Public Works Director, stated this five year construction program proposed�for the City and is a continuation of the City's existing street improvement and surface treatment programs. He explained this was requested by-the Dffice of State Aid and involves the Municipal State Aid program for streets. hir. So6iech stated-this program can be adjusted annually. � Mr. Sobiech pointed out the City stiil has to follow the appropriate hearings for improvements, if it was an assessing project. MOTION by Councilman Schneider to approve the.capital improvement project for the Municipal State Aid System. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MDTION by Councilman Schneider to authorize payment of Claims No. 339P06 through 34IIW07. Seconded by Counci.lman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: i MOTION by Councilman Schneider to approve the licenses as submitted and as �; on file in the License Cterk's Office. Seconded by Councilman_Hamernik. . Upon a voice vote, all voting aye, Mayor Nee declared the motion carried . unanimously. . i � � REGULAR MEETING OF DECEMBER 18, 197g �� PAGE 11 LICENSE - HEDGES TREE SERVICE: � Dr. Hedges, operator of the Brighton Veterinary Clinic, appeared 6efore the Council regarding his application for a license to operate a tree service. It was pqinted out tha•t Dr. Hedges would not be complying with the ordi- nance as he did not carry workmen's compensation. _ �r. Hedges stated he�did this type of work while working his way through college and enjoys this sort of work as an outlet from his regular veter- inarian practice. �` employees.heHeindicated�he wouldtp obabl�averagee2aor 6 hours�a week and pointed out that workmen's compensation insurance runs between $500-$600 regardless of how many hours worked. Mr. Herrick, City Attorney, stated he would have to check, if he was the sole person doing this work, if workmen's compensation was required. Dr. Hedges stated, in checking with his insurance agent, he was totd it was not required. Ne stated he is adequately covered as far as the liabil- ity, through the Rice Creek Agency. MOTION by Counci�iman Schneider to grant the license to Dr. Hedges for his tree service contingent on a determination by the City Attorney that work- men's compensation is not required and provided that Dr. Hedges indicates his interest in being.the sole proprietor. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Smith, Juster, Feikema, Malmon & Haskvitz �-, Suite 1250 � � : Builders Exchange Building Minneapolis, MN 55402 For legal service rendered as Prosecutor during� November, 197g Weaver, Talle & Herrick 316 East Main Street Anoka, MN 55303 For legal service rendered as City Attorney during November, 1978 NDH Asphalt, Inc. 700 Industry Avenue N.W. Anoka, NN 553D3 $ 2,080.00 S 1,766:80 ; FINAL Estimate #4 - Street Improvement Projact St. 7978_� ; FINAL Estimate #4 - Street Im rovement Project St. 197g_p $37>607.23 FINAL Estimate #4 - Street Improvement Project St. 1978-q $ 1,351.30 ����` Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor i Nee dectared the motion carried unanimously. �� .� � -' ADJOURNMENT: � � . MOTION by Councilman Hamernik to adjourn the meeting. Seconded by Councilman � Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley Council of December , 18,�197II adjourned at 17;qp p,m, Respectfully submitted, Carole Haddad Secy. to the City Council Approved: WilTiam J, Nee Mayor � r" 2.4 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 8, 1974 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:30 P.M. . . � PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESEf�T: Mayor Nee, Councilman Barnette, Councilman Schneider> Councilman Hamernik and Councilman Fitzpatrick MQABERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING OF �ECEtdBER 4, 1978: MOTION by Councilman Schneider to approve the minutes of December 4, 7978 as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ,I PUBLIC HEARING MEETING OF DECEMBER 11 1978: Councilman Hamernik requested an addition on Page 5> after the third paragraph, under the item concerning 61st Avenue, as follows: "Councilman Hamernik stated he would be opposed to that assessment". MOTION by Councilman Hamernik to approve the minutes of December 11, 1978 with the '' above amendment. Seconded by Councitman Fitzpatrick. Upon a voice vote, all voting I aye, Mayor Nee declared the motion carried unznimously. ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: �'�� Mr. Brunsell, City Clerk, administered the oath of office to Councilman Fitzpatrick '� wtro was re-elected to the Council from Ward III. Councilman Fitzpatrick thanked the people who supported him in the election and those that helped in his campaign. �. Mayor Nee asked Mr. Herrick, City Attorney> to coimnent regarding the Ward I Council seat. Mr. Herrick stated, as everyone knows, this was a ctose election in Ward I and there has been a request for a recount. He�stated the recount has been completed and arguments on behalf of both the contestants have been made to the court. Ne stated, however, tlie decision of the judge is still pending. Mr. Herrick stated, because of the provisions of the State Statute and City Charter, he has concluded that the incumbent should occupy this seat on the Council until the court makes a decision. MOTION by Councilman Barnette to table the item regarding the Ward I Council�seat until the court makes a decision. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, hiayor Nee declared the motion carried unanimously Mr. Herrick stated he�has written a letter to the judge explaining the situation and�requesting a decision as quickly as possible.� A�OPTION OF AGENDA: Councilman (itzpatrick requested that the variances in conjunction with item 2 on the agenda regarding the Dan-Lan �evelopment Corporation be inc7uded under Item 3 of the agenda concerning tYe L'oar-d of Appeals Minutes of December 26, 1978. MOTION by Councilman Fitzpatrick to adopt the agenda as amended. Seconded by Councilman Hamarnik. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried unanimously. ZJ REGULAR MEETING Of JANUARY 6, 1979 � PAGE 2 OPEN FORUM, VISITORS: There was no response from the audie�ce under this item of business. OLD BUSINESS: � � CONSIDERATION OF APPROVAL DF PROFESSIONAL SERVICE FOR ANIMAL CONTROL � TABLED 72/18 78 : . ���. Mr. Jim Hill, Public Safety Director, stated, at the request of the Council, they � '�. conducted an investigation of Blaine Midway All Pets. He stated they also contacted { Dr. Nedges of the New Brighton Veterinarian Hospital and his basic concern appears i to be animals that Blaine 1lidway allegedly sold that were sick. Mr. Hill stated Dr. Hedges was of the opinion they�sell the sick animals for exhorbitant prices. Mr. Hill stated he talked with Mrs. Deschene of the State Numane Society and she ��� felt Blaine Midway was guilty of selling sick anima7s. She stated there was a Ipoor structure system within the kannel in that air was entering from the isolation � wards into the kennel area. Mr. Hill stated, however> this apparently has been corrected. He stated Mrs. Deschene has reco�nended that any cities that are affiliated with Blaine Midway not renew their contracts and any new cities not i take up contracts with Blaine Midway All Pets. � Mr. Hill stated he also talked to the Clerk at the Ramsey City Hall who has an animal control contract with Blaine Midway and they indicated they have had numerous complaints about boarded animals at Blaine Midway who have contracted kennel cough and distemper. Mr. Hill stated, in checking with Dr. Brandjord of the Skyline Veterinary Clinic in Fridley, he stated he has also heard of complaints that Blaine Midway was selling sick animals and would not stand behind them. Mr. Hill stated, in contacting the Lino Lakes Police Department and speaking with the receptionist, she felt most of the pro6lems are with the owner and with the person on patrol not following police orders. She stated tfiey do have a new manager and the situation is getting better. Councilman Schneider stated he had also done some checking regarding the Blaine - Midway facilities and he received the same information that there had been numerous j� complaints regarding Blaine Midway A1l Pets. He stated, because of this nistory, l he would feel more comfortable in having the animal control services with MAPSI. � Mr. Herrick, City Attorney, explained this is not the kind of expenditure the City is required to take bids on 6ecause it is a personal service type contract. He stated there is some authority that once the City does take bids, they are obligated to give it to the lowest responsible 6idder. He stated this gets down to the question of what they determine is a responsible bidder. He stated they�have the problem of not being able to put an exact cost on this service since they are estimating and projecting. He stated, depend.ing on the kind of service, any of these bidders could be high or low at the end of the year. Mr. Greg Wax, owner of Blaine Midway All Pets, stated he is licensed under the United Stated Department of Agriculture and not licensed by the State. He stated federal inspectors visit his facilities for inspections. Mr. Wax introduced Dr. LeBlond, veterinarian in Blaine, who he has contacted to help him with his facilities since Dr. Erkel, the veterinarian he had previously, passed away. Dr. LeBlond stated he contacted Dr. Hedges to go out to the Blaine Midway All Pet:• facilities unannounced. Dr. I_eBlond stated, basically> Dr. Hedges' comnent was that he thought the facilities were good, clean and uncrowded, 6ut . suggested the knnels should be rotated. Dr. LeBlond stated there have been problems and they have to get in and break the disease cycle. Dr. LeBlond stated, basically, Blaine Midway is a good facility, �' but it needs a veterinarian to help Mr. Wax with the problems he has had. Dr. LeBlond stated both kennel cough and distemper are very contagious and pointed out you will �. always have some problems because you are taking dogs off the street and don't know their history or if they have been vaccinated. Councilman Schneider stated his main concern is that Blaine Midway is in the process of clearing up a problem and since they have not had any problems with MAPSI, he couldn't see the rationale of switching to another facility. COUNCILMAN BARNETTE, WITH THE PERMISSION OF HIS SECONDER, COUNCIMAN HAMERNIK, WITH- �REW Ht5 MOTION MA�E AT TNE LAST MEETING TO AWARD THE BID TO BLAINE MID4IAY ALL PETS. � 26 REGULAR MEETING���ary 8, 1979 . PAGE 3 MOTION by Councilman Sheridan to award the 1979 contract for animal control services to MAPSI the�reason being the level of complaints at Blaine Midway, as compared with F1APS1, and the recommendation of the Humane Society that cities not take up any contracts with Blaine Midway Atl Pets. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � NEW BUSINESS: Mr. Sobiech, Public Works Director, stated this is a request to split three existing 40 foot lots into two 60 foot lots. He stated, if the lot split is approved, the existing single fami7y home and garage, which would be relocated, wili be on Lot 5 and the North half of Lot 6 and to the South of this would�be a duplex or double garage. MOTION by Councilman Fitzpatrick to concur with the recomnendation of the Planning Comnission and grant Lot Sp7it /i78-05. Seconded by Councilman Barnette. Ilpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The variances are to be considered in the next item of business, RECEIVING THE BOARO OF APPEALS MINUTES OF DECEMBER 26, 1978: �• CONSiDFRATTl1ru nr vn�...�,.�.. ___..__ Mr. Sobiech> Public Works Director, stated this is a request for variances in con- junction with the lot sp7it approved by the Councii for the Dan-Lan Development Corporation, The variances requested are to reduce the area requirement for the lot from the required 10,D00 square feet to 7,812 square feet and to reduce the side yard require- ment for the existing house from 10 feet to 3.9 feet from the new property line. MOTION by Councilman Fitzpatrick to concur with the recortanendation of the Board of Appeals and grant the variances with the stipu7ation that the building placed on the South ]ot be at least 76.1 feet from the Northpra,�erty'line. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2• 40 f'OOT LOTS: Comnission wouldajustkastsoon�havemaneopportunity�totact aga9ntonrthishitemPeals MOTION by Councilman Fitzpatrick that the request be returned to the Appeals Comnission. Seconded by Counci7man Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. M07ION by Councilman Fitzpatrick to receive the Appeals Commission minutes of December 26, 197g, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SIGN PLAN FOR CONVENIENCE CENTER AT 7899 EAST RIYER ROAD: �dr. Sobiech, Public Works Director, presented the proposed sign plan for the conven- ience center at 7899 East River Road. MOTION by Councilman Fitzpatrick to accept the sign plan as submi'tted. �Seconded by Councilnan Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , I �Mr. Quresbi, City Manager, stated there was sizeable damage to fire equipment of both Fridley and Columbia Heights Fire Departments in fighting the fire at FMC. �_ � �a --- � ---- _ `� _ `L7 REGULAR MEETING OF JANUARY 8 1979 PAGE 4 He stated they have filed with the ins�rance company for the losses, however> this equipment needs to be replaced iimnediately as it is used for day-to-day operations. Mr. Qureshi stated, it is requested> therefore, the Council authorize these funds to replace the equipment. . � MOTION by Councilman Schneider to approve�the funds for replacement of the Fridley Fire Department equipment up to $8,157.05 and the funds for the Colum6ia Heights Fire Department equipinent up to 51,965.42 and direct the adininistration to prepare a resolution transferring these amounts out of the Contingency Fund. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. CONSIDERATION DF SEEKING LEGISLATIVE AUTHORITY ON TAX.EXEMPT MORTGAGE FOR HOUSING: The Council was requested to consider whether they wished to proceed to seek legislative. authority to provide tax exempt bonds for housing. Mr. Brunsell, City Clerk> stated the bonds would actually be paid by the trustees to�determinetwho would�be5eligiblerforethe5 ortgageemoneyc�� Would set the rules Mayor Nee indicated he had reservations on the impact on the municipal 6ond market as it might adversely price general obligation bonds. Ne felt, however, if neighboring comnunities offer this type of financin9, Fridley may get shut out of the housing market. � Mr. Brunsell also pointed out, if you have morgage money available, this may also affect�the price of homes in Fridley. He pointed out, if the Council decides to proceed, there would be a lot more work and detailed�information to be supplied. � Councilman Hamernik questioned the interest in this type of bond since industrial revenue bonds have been around a number of years and the�interest has been minimal. F1r. Brunsell felt, with the current interest rate for private housing and mortgage money unavailable, many people cannot buy homes. He felt, several years ago, they v+ere better able to borrow money than today. He felt industrial revenue bonds are a little different in that you are dealing with one company and with this type of bond, you would be dealing with a lot of persons. � Councilman Hamernik stated there are certain discount arid service charges with the industrial revenua bonds and asked if the same applied in the case of the bonds for tax exempt mortgages. . Mr. Brunsell stated the same would be true and over the period of the loan, the difference of what the bond sells for and what private homeowners pay, woultl make up these amounts to cover such costs. Mr. Qureshi, City Manager> stated he felt the matter of tax exempt mdid9notswant housing was a delicate question and a policY matter. and therefore, to proceed until direction was received from the Council. He stated, if the Council wished to proceed in this area, additional information would be obtained. Councilman Barnette felt he would not be in fahowe�ersUhe fePt itsmightfbehgoodtto becomes the lender. If this is not the case> have morgage money available in the City. Councilman Schneider felt he would support such a proposal, but does have res�ervations in that it might result in loss of tax revenue. Councilman Fitzpatrick indicated he would be in favor of proceeding and obtaining additional information. � Councilman Hamernik stated he has some reservations although he cannot deny the fact that if this is going to be made available to all comnunities, Fridley should get the benfits also. He stated his concern is from a tax standpoint that at some point in time, someone will have to pick up the the subsidies. He also stated he has some reservations on the two plans. He felt it would be to,fh�heytProceedavithe to proceed without considerating special legislation, however, �� the other mehtod, it would be necessary to set up a non-profit organization. He stated he doesn't fully understand all the ramifications this would entail. i� I 2s REGULAR MEETING OF JANUARY 8 1979 - PAGE 5 Mr. Brunsell, City Clerk, felt, if the Council wished to proceed, these would be some of the things that would have to be checked into further. Mayor Nee felt the City wou7dn't be bound if they sought the special legislation. Councilman Fitzpatrick �questioned if the City doesn't seek the special legisla- tion,�if they could proceed under the same authority they have in issuing a general revenue band.. � � Mr. Herrick felt the State is saying that the City can issue bonds under the same � authority that they issue industrial revenue bonds. He stated, if this information is wrrect, the City wouldn't need the special legislation, however, if it I turns out that the Internal Revenue Service or some court says this isn't permis- �' sible, then perhaps the City would want�the alternative of special legislation. � Mayor Nee stated the programs that have been done so far all have been special legislation. j h10TI0N by Councilman Fitzpatrick to instruct the administration to seek special � legislation for issuance of tax exempt bonds for housing. Seconded 6y Councilman � Schneider. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously. '.' Mr. Qureshi, City Manager, questioned if it was the desire of the Council to attach this request onto a similar bill. Councilman Fitzpatrick stated he wanted to make it clear that the City isn't looking for special authority to do something they already have the authority to do. Mayor Nee felt administration should report back on the choices of legislation. rtuilON by.�Councilman Schneider to extend the existing Council appointments until a decision is reached by the judge regarding appointment to the Ward I Council seat. Seconded by Councilman Barnette. Upon a voice vote, all voiing aye, P1ayor Nee � declared the rtrotion carried unanimously, MOTION by Councilman Fitzpatrick to direct administration to contact the members of the Comnissions and Sub-coimnittees whose terms will expire to determine if they are interested in re-appointment. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. It was suggested that possibly any vacancies on the commission could be advertised in the newspaper for citizens who may 6e interested. RESOLUTION N0. 1-ig79 DESIGNATING AUTHORIZED SIGNATURES FOR�THE CITY OF FRIDLEY AN� OFFICIAL DEPOSITORIES: MOTION by Councilman Schneider to adopt Resolution No. 1-1g7g, Seconded by Council- man Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 2-1g7g DESIGNATING A LEGAL NEWSPAPER FOR THE�YEAR 1979:. MOTION by Councilman Barnette to adopt Resolution No. 2-197g designating the Sun � Neo�spaper as the City's legal newspaper for 1979, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION ItlO. 3-7979 DESIGNATING TI�qE AND NUMBER OF COUNCIL MEETINGS: .. MOTION by�Counci�lman Fitzpatrick to adopt Resolution N0. 3-1979, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; RESOLUTION N0. 4-7979 ENDORSING A LOCAL ALCOHOL SAFETY CAMPAIGN TO KEEP DRINKING IVERS UT 0 THE DRIVER S SEAT: , I MOTION hy Councilman Hamernik to adopt Resolution No. 4-197g, �Seconded tiy Council- man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, � � 29 RE&UJ.l;B MEETING OF JANUARY 8 1979 PA6E 6 MOTION by Councilman Schneider to adopt Resolution No. 5<1979 and autnorize the execution of the technical assistance agreeinent for the year 1979 with the Minnesota �epartment of Transportation. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 6-1979 TO ADVERTISE FDR�6IDS FDR REPAIR ON WELLS N0. 6 AND N0. 11: MOTION by Councilman Hamernik to adopt Resoluti�on No•Ma o97Nee declaaed theCmot on man Fitzpatrick. Upon a voice vote, all votin aye, Y carried unaniinously. MOTION by Councilman Fitzpatrick to adopt all�votinn a�e,�Mayor Neeedeclaredythe Councilman Schneider. Upon a voice vote, 9 Y m�tion carried unanirtausly. . Councilman Barnette questioned the words "which is land to be held ano usea rur permanent open space" as noted in Paragraph 2 of the resolution. Mr. Qureshi, City Manager, stated the amount requested is essentially for the building. Councilman Barnette stated he realizes the City must be the applicant for the �,. grant, however, he wanted to make it clear that the City isn't obli9ating any of �. I����� its funds for this purpose as the matchin9 funds would come from the Springbrook I�� Nature Foundation. MOTIDN by Councilman Schneider to adopt Resolution No. 8-1979• Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. orcn�urTnN N0. 9-1979 APPROVIN6 FIVE YEAR CAPITAL IMPROVEMENT PLAN REVISION Mr. Sobiech, Pu61ic Works Director, statedrohoseUis�sart ofhthercapital�nmprovement indicate te LAWCON that the project they p p P program. He stated the Council has to understand that this is a preliminary draft and staff is in the process of develop�nasathePCity concludesnthe mandat ry�planning�requmre- is in the preliminary stages, ments. MOTION by Councilman Fitzpatrick to adopt a��°voting aye>9Mayor Neeedecl�a�redYthe Councilman Schneider.� Upon a voice vo�te, motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt Resoluti9n No. �ayo97Nee decla�red the Councilman Namernik. Upon a voice vote, all votin aye, motion carried unanimously. ��..���. .,... . _._ . �� Mr. Sobiech�, Public Works Director> stated there were five companies who submitted � bids, however> tbnce and Case Power�andaEquipment etMrllSobiechestatedtthe therre- ments> Ziegler, three companies bidding either did not meet the requirements of the specifications for this machine or did not bid on all the items in the bid requirements. _-._ .__. _ ___ . ._......_.. 30 RE6ULAR MEETING OF JANUARY 8 1979 PAGE 7 Mr. Sobiech stated these bids before the Council are different from a typicat low price bid as it is a total cost bid. He pointed out the bid includes the five year quaranteed repurchase price and the 6,000 hour maintenance figure. Mr. Sobiech stated, even without these certain guarantees which he feels protect the City, Ziegler, Inc..was the low bidder. MOTION by Councilman Hamernik to receive the bids as follow and award the bid to Ziegler, Inc, for a total amount of $41,245.00. Seconded by Councilman � Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C014PANY Ziegler Inc. 901 W- 94th Street Bloomington, MN 5542P Bid Security: Totat Price: Less Trade-In: Net Price: Make & Model: 5 Yr or 6,000 hour Maint. Exp.: 5 Yr Quaranteed Repur- chase Arice: 6,000 Nr. Maintenance: Total Cost Bid: � Delivery Date: Long Lake Ford Tractor HwY 12 Long Lake, MN 55356 Bid Security: Total Price: � Less Trade-In: Net Price: Make & Model: 5 Yr or 6,000 hour Maint. Exp: 5 Yr. Quaranteed Repur- chase Price: 6>000 Hr. Maintenance: Total Cost Bid: � Delivery Date: Midwdy Tractor & Equipment 3326 University S.E. Minneapolis, MN 55414 Bid Security: Total Price: Less Trade-In: Net Price: Make & Model: 6 Yr or 6,000 Hour Maint. Exp: 5 Yr. Quaranteed Repur- chase Price: 6,000 Hr. Maintenance: Total Cost Bid: Delivery Date: BASE BID PLUS BALDEASON NITCH OPTION St. Paul Fire & Marine Ins 849,741.00 $12,067.00 $37,680.00 CAT 920 E 3,500.00 843,875.00 � 1>643.70 -$ 1>057.30 30-60 Days Certified Check $2,000 $39,389.00 $11>500.00 �27,889.00 FORD A-62 E 3,aoo.00 N/A 8 7,044.00 N/A 5-10 Days Federated Mutual Ins �36,489.00 $ 7,500.00 $28,989.00 FOR� A-62 No Bid No Bid No Bid $28,989.00 90-120 �ays Same $53,306.00 $12,061.00 E47,245.00 CAT 920 $ 3,900.00 $44,935.00 $ L643J0 $ 1,853.70 3D-60 Days Same $42,874.00 $11,500.00 $37,374.00 FORD A-62 $ 3,800.00 N)A S 7>044.00 N/A 30-60 Days Co. 5% Same �40,072.00 $ 7,500.00 $32,572.00 FORD A-62 No Bid No Bid No Bid $32,572.00 90-720 Days ,__ __ ---- - ----- - ---__ . _. � - � J� � I PAGE 8 REGULRR MEETING OF dANUARY 8 1979 , � (Rids Continued) ' � COMPANY BASE BID 1 . � Valley Equipment Co. . �i 12500 Dupont South ��. Burnsville> MN 55337 �� Bid Security: ���� Totai Price: � � Less Trade-In: Net Price: Make & Model: �� � 6 Yr or 6>000 Hour ��. Maint. Exp: ���. 5 Yr Quaranteed Repur- � chase Price: �'� . 6�,000 Hr. Maintenance: �. Total Cost Bid: � Delivery Date: i� i Case Power & Equipment 12540 Dupont South Burnsville, MN 55337 Bid Security: Totat Price: Less Trade-In: Net Price: Make & Model: 6 Yr or 6,OD0 Hour Maint. Ezp: 5 Yr Quaranteed Repur- chase Price: 6,000 Hr. Maintenance: Tota1 Cost Bid: Delivery Date: PLUS BALDERSON HITCH OPTION John �eere Ins. Co. 5% $50,982.00 � $14,823.D0 536,759.00 John Deere 444 $ 3,2DO.OD $40,351.00 No Bid -$ 992.00 30-60 Days Continental Ins. Co. 5� 550,227.00 / $42,878.00 $13,825.00 / $13,825.OD $36>402.D0 / $29,053.D0 Case W2D6 / Case W74H $ 4,000.00 / $ 4,000.00 $43,OOD.DO / $33,000.00 $ 3,703.70 / $ 6,354J0 120 Days Same $54,742.00 $14,823.OD $39,929.00 John Deere 444 $ 3,200.00 �42,419.00 No Bid $ 710.00 30-60 Days Same $55,118•DO / $47,358.00 �13>825.OD / $13,825.00 CasezW206 / Case5W74HD $ 4,000.00 / S 4,OOD.00 $43,D00.00 / $33>D00.00 $ 6,301.70 / $ 6,307.70 $ 8,594.70 / $10,834.70 720 Days CLAIMS: MOTIDN by Councilman Fitzpatrick to a�thorize payment of Claims No. 348W07 throu9h No. 360938.. Seconded by Councilman Hamernik. Councilman Schneider questioned if staff periodically checks for price comparisons in purchasin9 items or contracting services. Mr. Qureshi, City Manager, stated these items are checked into by the staff to attempt to get the best possi6le price for the item or service needed. UPDN A UOICE 40TE TAKEN ON THE ABOVE MOTION, all voted aye,�and Mayor Nee declared the motion carried unanimously. � LICENSES: � � � MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Barnette. Upon a voice vote> a71 voting aye, Mayor Nee declared the motion carried unanimously. � COMMUNICATIONS: - WILLIAM CRAWFORD �ISTRICT �5 : SIGNRL ON TH 47 AT 69TH AVENUE: MOTIDN by Councilman Schneider to receive the coimnunication from William Crawford regarding a signal at TH 47 and 69th Avenue. Mr. So6iech, Public Works Director, stated this letter from Mr. Crawford, District Director�of the Mtinnesota Department of Transportation, indicates that a traffic signal at TH 47 ?nd 69th Avenue ranks 43rd in their priority list of projects. He stated the State's 6asic policy has been to fund signals from federal funds where the federal government pays 76h of the costs and the state and City each pay 12% of the cost. � n� REGULAR MEETING OF JANUARY 8, 797g . . PAGE 9 Mr. Crawford stated in his letter that the Department of Transportation cannot a9ree to reinburse the City for "our" share of the cost of installation at any time in the future because of the uncertainties of future funding and priorities." Mr. Sobiech stated the Department of Transportation indicated they fund about 12 signals a year and with the signal at TH 47 and 69th Avenue being 43rd on the. priority list, it would take a minimum of four years for this signal to be insta7ted. Mr. Qureshi, City Manager, fe7t perhaps the.City should try for special legisla- tion with hopes of getting funds for half of the cost. Councilman Barnette felt there was a tremendous need for signalization at this intersection. He pointed out there is a lot of traffic coming from Columbia Arena and felt possibl.y the County should be involved since their facility is also contributing traffic. Mayor Nee suggested perhaps staff could figure out what the cost vrould be to finance the signa7. Councilman Barnette stated he would be willing to contact residents in this area regarding installation of a signal at�this intersection and how they would feel about paying the cost. . Mr. Qureshi, City Manager, stated staff could work out a proposal regarding costs so that Counci7man Barnette could have this information available. Councilman Haznernik felt perhaps the 45 I4PH speed limit could be extended to reduce the speed ]imit past this area on�TH 47, Mr. Sobiech stated staff could check into this possibility. � PLYWpOD MINNESOTA: Mayor Nee stated he has been contacted by Plywood Minnesota representatives regarding the median on East River Road. He stated they would tike to discuss this matter with the Council and that they will be attending the Council's conference meeting. Mr. Herrick, City Attorney, stated there�is lega7 action pending as Plywood Minnesota and Wickes Furniture got a restraining order against the City and County to prevent the median from being closed. � Mr. Herrick stated Plywood Minnesota and Wickes have a traffic engineer represent- ing them and he wi77 be submitting a report to the County. He stated he hoped to hear within the next week how they are proceeding. � A�JOURNMENT: . � MOTION by Councilman Fitzpatrick to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared Lhe motion carried unanimously and the Regular Meeting of the Fridley City Council of January 8, 7g79 adjourned at 9:50 P.M. Respectfully submitted, Carol Haddad . Secretary to the City Council Approved: Wi77iam J. Nee Mayor 33 I i i ' . � : TNE MINUTES OF THE PU6LIC HEARING MEETING OF THE.FRIDLEY CITY COUNCIL OF OF JANUARY 15, 1979 . � The Public Hearing Meeting of the Fridley City Council was called to order by Mayor Nee at 7:42 p.m. . PLEDGE OF ALLEGIANCE: � Mdyor Nee led the Council and audience in the P7edge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Barnette, Councilman Schneider, Mayor Nee, Councilman Hamernik and Counciiman Fitzpatrick � MEMBERS ABSENT: None ADOPTION OF AGENDA: M07ION by Councilman Hamernik to adopt the agenda as presented. Seconded 6y Councilman Schneider. Upon a voice vote, alt voting aye, Mayor Nee declared the motion carried unanimousty, PUBLIC HEARING: PUBLIC HEARING ON MOTION by Councilman Hamernik to waive readin9 of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the- public hearing opened at 7:43 p.m. . �. Mr. Sobiech, Public Works �irector, pointed out the general location of this � plat and that the Planning Coirmission has recomnended approval. Mr. Sobiech stated the plat will cor.sist of 1'-� acre parcels and stated there would be appropriate drainage and utility easements along the lot lines. He stated there are no developments proposed at this time for the property, but indicated, with future development, provisions must be made for drainage and the method of retention or detention. Ne pointed out that any potential developers for this� property should be made aware there is a requirement for drainage� retention. Mr. Sobiech stated he felt, if developers get together i.n developing this property, there wouldn't be any problem taking care of the drainage since the area is large enough. � . Councilman Schneider questioned how the drainage would�be�taken care of, if the parcels were developed separately. Mr. Sobiech stated,.at the time the building permit is issued, it would be indicated on the permit that the frequency rate of stormwater run-off would not be aRy greater than it was before development. Councilman Hamernik felt the Commission wanted the drainage taken care of before issuance of the building permit. Mr. Sobiech felt this was difficult to do without development pl.ans. � � ; Mr. Sobiech also felt it could be stipulated, with the p7at approval, that any � future development must take into account the drainage retention. He stated, , . in the past, affidavits have been filed with the plat so that developers are . aware of this requirement. Mr. Herrick, City Attorney, stated he didn't feei there was a great difference i whether the Council wished this drainage requirement to 6e tied in with the .� . plat or the buildin9 permit. He stated, if the Council feets more comforta6le . with having a notice fiied with the plat, this would be no problem. 34 r PUBLIC HEARING MEETING OF JANUARY 15, 1979 PAGE 2 Councilman Fitzpatrick stated this particular area is an area where the Environmental Quality Commission is very sensitive. Ne felt> even though the City has taken care of drainage in the past, with� the issuance of the building permits, he thought it might be better to recognize the problem prior to this time and at the time the plat is filed. He felt this was an immediate concern on the part of the Environmental Quality Commission. Mr. Sobiech stated he would concur with Councilman Fitzpatrick's cortonents as he felt this drainage requirement would then come�to the immediate attention of potential developers. Mr. Wormsbecker, the petitioner, indicated he was not happy with the drainage system on the property and indicated t'hey would 6e willing to go along riith the staff's recomnendation. Mr. Wormsbecker stated he has a company interested in development> but it would cost them $9,OD0 to set up the drainage. He stated he can see there is a pro67�n with run-off, but is not quite sure how to handle it. Councilman Hamernik felt, if the matter of drainage was handled for the entire parcel> this may reduce the cost. � Mr. Wormsbecker felt, if this was done, you may get into a problem regarding the location of retention ponds, since you don't know for sure where a developer may want to locate his building. M11r. Wormsbecker stated the staff is recommending this piece of property be platted, otherwise they pro6ably wouldn't proceed with the platting. Mr. Sobiech stated, with development of the House of Lords, it was recanmended this property be platted rather, than having metes and bounds, and making it easier to develop. Mayor Nee stated, from Mr. Wormsbecker's comment> he was under the impression they didn't want to market the property. � Mr. Wormsbecker indicated this was not the case and they were interested in , marketing the property. No p2rsons in the audience spoke for or against this plat. MOTION by Councilman Hamernik to close the public hearing. Seconded by Councilman 8arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:57 p.m. NEW BUSINESS: Mr. Brunsell, City Clerk, stated the staff made a review of all license fees � charged by the City. He stated a cost study was made on all the fees to try and determine the cost of issuing each license including all inspection work that 9oes alon9 with the issuance of a license. Mr. Brunsell stated the Council is requested to consider a proposed ordinance, as shown on Pages 2B and 2C of the agenda book, that lists the su9gested license fees where changes are recommended. He stated this list accounts for about one-third of the licenses the City issues and the majority of the fees did not chan9e and, therefore, are not included in this ordinance. Mr. Herrick, City Attorney, stated the fee has to bear sane relationship as to the cost of administering the license. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik.� Upon a voice vote, all voting aye, Mayor Nee declared thz motion carried unanimously. MOTION by Councilman Schneider to adopt Resolution No. 11-1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye> hlayor Nee declared the motion carried unanimously. � I � I ) ORDINANCE N0. . _ _. 1 AN ORDINANCE TO AMEND CHAPTER il OF THE CITY CODE OF THE CITY OF FRIDLEY: The City Councit of the City of Fridley does ordain as follows: The Council of the City of Fridley hereby amends Chapter 11 of the City Code of the City of fridley, Anoka Count Y� Minnesota, by changing certain license fees. Section 11.i0 Fees. License f Code No. Sub'ect OU Auction Q28 Carniva] 021 302 607 111 111 025 024 602 603 ees shall be as follows: Fee $I5.00 per two days , 25.00 per week 120.00 per year Christmas Tree Lot Uog License Entertainment Food Establishment Food License, Temporary 6olf Course, Driving Range Junkyard Liquor, Non-Intoxicating Malt- Beer, Off Sale ' Beer, On Sale and Off Sale Beer, Temporary On Sale Initial On Sale Beer Investigation Fee Liquor, Intoxicating: Employee Dispensing Initial Wine Investigation Fee 301 Livestock Norses Cows, goats and/or sheep Rabbits Fowl . 5 Acres plus farm 40Q,00 + $p00.00 deposit 100.00 + $100.00 deposit 2.50 Neutered or Spayed 5.00 Non-neutered or No.n-spayed 1.00 Duplicate Dog Tag {Prorated-$1.00 Minimum) 70.00 35.00 (Prorated to minimum of �25,00) 25.00. 30.00 2�5.00 50.00 (Prorated} 250.00 (Proratedj 50.00 75.00 Individual 150.00 Corporation, Partnership or other Association 10.00 150.00 Individual 3Q0.00 Corporation, Partnership or other Association 15._00 first; 5.00 ea, additional 10.00 first; 1.00 ea. additional 10.00 15.00 25.00 Code No. Sub'ect �. Fee 026 Mote] or Hotel v�100.00 + 5.00 per unit �22 Music Festival � 600.00 per day plus � T00.00 filing fee 023 Public Dance 65.00 113 Refuse Hauling; Garbage Truck 50.00 company license + lst truck 15.00 each additional truck 216 Sauna 425.00 014 Solicitor; Peddler 50.00 per solicitor/peddler 115 Swimming Pool, Public 200.00 per outdoor pool 300.00 per indaor pool • plus 25% of base per added pool, 5U4 within the same enclosed area. Taxicab 45.00 company license + lst cab �OZ 5.00 each additional cab Theater, Drive In � 650.00 205 Townhouse Development 350.00 2�2 Trailer Home; Temporary Parkin 9 50:00 occupancy 104 25•00 temporary parking , Tree Removal/Treatment Contractor 35,00 211 Lot Splits 100.00 214 Signs; Billboards 20.00 under 40 square feet 205 50.00 over 40 square feet Special Use Permit 175.00 for all except; 80.00 for second accessory building :ity Charter Vacations Chapter 6 125.00 , Variances 205 $�•00 Zoning Requests PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OFO RIDLEY THIS �F --_______DAY . 19�8. ATTEST: - � T CLERK MARVIN C. BRUNSELL First Reading: January 15, 1979 Second Reading: Publish: OR ILLI M J. NEE � : ; t,,, � •'�� � �lJ,I/i;4p�t� � ••'� y .�,;.:�:: :.. .1. : . � W ;� P.S. #78-06 CABA REALTY FIRST /�DDN. 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"i r3 • cv 'zY7rr.,•\ -�y--.._ � .,.;._.�. -----V�._ !+S � i _'_�ciyGh- �'r � 8_- - C'? 2�1J p ry '�t9-?��hP. � /�.^JC7E 2✓.e.�.e..o�ii /7 ' I o f . /� .Yi.�F..'.Y'� .ra5: ��r.•n;.� >�,r r� � �n%i `i�%"'�°�' fa.eif.r� : IDt//o0 � 1 C�� a3c 0 ��� �e � , 0 n ti` 0� tl � 6 � �� ti C C a � `:� u u �\ �i��3 �C C y h � � C � � � 2A zs CABA REALTY FIRST ADDITION - P.S. q78-06 Items for consideration which were discussed at Public Hearing: 1. Drainage and utility easements along lot lines to ensure access for utiTities, and for use for drainage purposes. 2. Lot dimensions must be revised to ensure minimum lot areas of 1.5 acres for heavy industrial property. 3. Affidavit informing potential developers that the storm water run-off rate, after development, must not be greater than the rate before development, must be filed and record- ed with the plat. 2 C I State of Minnesota) ) ss. County of Anoka ) AFFIDAVIT AND NOTICE TO PURCHASERS being duly sworn, on the day of 1979, on oath states as follows: 1. That (he) (she) is the of the corporation with its principal office located at ; and 2. That is the owner of tracts of land located in Anoka County, Minnesota and legally described as follows: Lot 1, Block 1 and Lots 1-5, Block 2, Caba Realty First Addition 3. That the aforesaid tracts of land are intended to be utilized for commercial and industrial development in accordance with the codes and ordinances of the City of Fridley; and 4. That the aforesaid tracts of land are presently vacant and are part of a storm water drainage district; and 5. That any development on the aforesaid tracts of land must en- sure that the storm water runoff rate, after development, is not greater than before development. Subscribed and sworn to before me this day of , lg�g. CITY OF FRIDLF.Y ' PLltNNING C014QISSION MGTTING, JANUARY l0� 1979 3 Ms. Schnabel �u�gested thrst becAUSe Chairman fltarris waa absent, and Vice Chairman Langenfeld cras due 1:o nrrive lnte� they appoint a temporary acting chairman until Yice Chnirman Langen£eld nrrived, and sl�e mude the following motim : M()TIOP� hy t•L. Schnabel, seconded by Mr. Storla, to eppoint Mr. Peterson as temporary action chairman until Vice Chairmsn I.angenfeld arrived, UPON A VOICE VOTB'� ALL VOTING AYE� THE 1�,OT20N WAS CARRIED UftpNllqOUSLY. CALL TO ORDER; Acting Chairman Peterson called the January 10� 1979, meeting oY the Planning Co�ission to order at 7:35 P,M. ROLL CALL: . Meu�.bers Present: Ned Storla� LeRoy Oquist� Virginia Schnabel� Robert Petersoa Members Absent: Richard Harris� Jim Langenfeld (Mr, i,angenfeld arrived at 8:20 P,M.) Others Present: Jerry Boardman, City Planner � 1. ApPROVE A�BPIDA FOR PLAPIIIING COi�inffSSION r�F,i'Ii4G: JANUARY 10, 1979: MCri'ION by NIs, Schnabel, seconded by Mr. Oquist to adopt the agenda as presented. Mr. Storla stated that Item No. 9 on the agenda, the Memorandum of Agreement, had been table@ and should not appear on the agenda until it is resoved from the table. UPON A VOICE VOTE� ALL VOTING AYE� ACTIPIG CHAIRMA�'V PETERSOfi DECLAR�D TF� pGERIDA ADOPTED WIT$ THE CORRECTION. 2. APPROVE Ti� PIIANNING CODA".ISSION MINU'1'ES: DECEMgER 6� 1978: M4TION by Mr. Oquist� seconded by Ms. Schnabel to approve the December 6� 1978 Planning Conmiission Atinutes. Ms. Schnabel stated that on page 6, fourth paragraph, second sentence, there should be a correction. That sentence should read: as recommended by pppeals� instead of as recommended by Plenning, UPON A VOIC� VOTE� ALF, VOTING AYE� ACTIDIG CHAIRMpN PETER$ON DECI,ARED THE MINUTEg APPROVID WITH THE CORRECTION, 3� P.S vFlt�.�� t;i u.;lti:liL A. 1�f1};R DBl"r'.LOcD'�'N'I' COiiF'ORf'�'IOi�l• L '„�---••` ••'•"•iniar Inn..bruck North exce t that eing a replut of Outlot H, , p part already platted as Iunsbruck North Townhouse P1At 4� Qod part� of Innsbruck North Second and Third Addition�, generully located North of I.694, between bfeister Rotid and the Corporate Lioiits of the City of Fridley. PLAPINING CON�IISSION 1�TING, JAVUARY 10, 1979 - PAGE 2 3 A MOTION Uy Mr, Oquist, aeconded by Mr, Storla, to open the public hearing. UPON A VOICE Vdi'�� AIS. VOTING AYE� pCTING CfIAIRMAN PETERSON DECLARED THE PUBLIC HEARING OPEI4 A'P 7;45 P.M. t�s. Boardman noted that the Public Hearing was opened for two items� the plat� and the to�mhouses, t✓�r, Boardman stated that pn�e lF� of the agenda book shows Outlot H. This is the 5th and final plat in t}:e City of Fridley for the Innsbruck Townhouse area. It is located in the southeast section of tbe DArrel Fqrr plat area aud is the last section of the Innsbruck area to be platted. Mr. Boardman showed the Co�issioners the plans of how the area would be platted out. Mr. Boardman state3 that the initial design taas for an eight unit structure, but h�d been changed to a six unit structure� and also changed it into a townhouse, r�here before they were considerin� a condominium. They had diseussed this with the Townhouse AssociAtion, and this was what the Association ��anted, so they decided to do it this way. Mr, Soard�an stated he hed gone over this with Bob Aldrich and there would be an emergency cross-over road for emergency vehicles. The tennis courts would be across from the Recreation Center� which is what the people want. Mr. Peterson stated there had been s lot of coimnent regarding tennis courts in this area. The Darrel A. Farr Corporation had escroWed money with the City for tennis courts� and asked i£ those were the courts. Mr. Boardman stated thet money was not for these tennis courts� but for two additional courts to be located somewhere by the City. Mr. Peterson �tated the problem was that with the buildirig the Farr Corpora�ion had done in this area� they were �etting a lot of pressure for additional tenn3s courts� and with the asount oP building in the area� there 1T85 no land available to bui.ld the courts on. Mr. Peterson stated he had difficulty with putting tennis courts in there if they would �on�y be for tha townhouse people, because there are a 1ot of other people in the area xho have purchased land from the Farr Corporation that do not have tennis courts and were puLting pressure on �he City. N&�. Boardman stated there was a possibility oP placing the tennis courts on the Grace Sigh School property, Mr. Peterson stated that Yrom the viewpoint oP the Parks and Recreation Coum�ission they wouldn't get that. Mr. Peterson stated t•;r. Farr l�ad put a lot of houses up there a�d it t�ras easy to give money� but what they needed was property. Mr. Bosrdman noted that they had at least gotten the money� and regardless o£ which development it was� they would still have a problem� because they didu't get groperty. N,r. Boardman stated that there would be a lot of area within the complex itsel£ that vould be outside the constructioc limits that vould be left natural. They would try to leavc this urea as wooded as possible and as natural as possible. All of the units would be put in aa separate, clear-cut units so they wouldn't be �oing through and cuttind a vhole slice out as they did in the Villages. 'Phey felt thAt rras a mistake and this time would clear out ouly enough area to build each iudividuai unit� which xould be more expensive but uould be better for selling the units later on. Mr. Boardman steted there would be no variances needed and Staff hrzd no problem with the wriy these units wcre layed out. Mr. Boardman showed the Commissioners the plans of the units which explaicied the de�ign of the unii;s� which would hAVe sepnrate blocks and lots. PLANNII�G COM1dISSI0P1 1�:L•'TIA?G, JANU�dtY Z0, 1979 PAGE 3 3 B Mr. Eoardn�n stated there Would be more ttuan Adequate parking sta113. When they went in aith eight units per buildin� i,hey rorere required to have 1� purkin� ctulls per bu3lding and they had ullowed 16 parkin� stallc per building, They then went to 6 units per building� but did not ckuxn�3e the parkin6 plans. Al,o they had planned on a recreational vehicle parkin� axea� tut that roay or may not remain a part of the plans� because there wqs aome concern from other people who would uae that area. Mr. Peterson asked if this ��ould be a separate Townhouse pssociation. Mr.'. Boardrr�n stated it would be a part of the present Association. �'. Oquict asked if the tennis court pear the Recreation Building was in addition to the two courts money had �een escrowed for. Mr. Boardman stated the tennis court near the Recreation Bui2ding was a private Association tennis court and tbe intent was that the other two City tennis courts �+ould placed somewhere in the area. Mr. Oquist asked if he meant they would be p2aced in the Innsbruck area. Mr. Boardman stated they woui.d be placed wherever they could Yind a location for them. TheY may have to place them down by the t�loore Lake Beach area. Mr. Peterson stated that the Parks and Recreation Co�.ission woul.d not vote fcr tbe courts to go there, because i;hey already hsve courts on bfoore I,ake and the people in Innsbruck want them zn Innsbruck. Mr. Boardman gave the Co�,issioners a letter from the DTorth Innsbx�:ck Townhouse Asso- ci.ation� and noted that in the preliminary discussions� the Association approved of the general plans. Mr. Thomas Johnson of the Darrel A. Farr Corporation came forcrard and made the following presentation. Dir. Johnson showed the Coffiissioners an artists drawing of the townl�ouse structure. There would be 6 units per building, They would try to use the topography as it exists� leaving green areas. The buildings were designed with the topograplty in mind, They started out in the early 1970�s with an spproved plan unit development for 850 units in the Innsbruck North complex. Phase I wac 102 townhouses, ?hase II was the Black Forest with 258 units apartment buildino, Phase I?I �,as the 56 Vienna units, Phase N was the 46 privacy units on the extreme south end of the complex, and the Phase V with 96 Villsge units, for a total of 558 units and the proposed plat for the 5th f,ddition would have 78 units, for a total of 636 which is 214 units less tl�an the approved PUD, The 5th Addition would 'ue named Foutain Oaks� but at this tiz�e they will refer to it as Pl.at 5. There would be j8 townhouses cn 9.1 acres with 124 covered parking Flaces and 104 uncovered places which �eans every other resident coul.d have tz:o garages. They have more than ctdequate�y provided for o:f-street :�arking and sara�es. Regarding green areas� they not only provided large green area� on the perimeter but xould be leaving small areas in the groupings of buildings. They believe they cran develop the area and leave t2�ose areas natural with the oak trees and also provide such natural amenities es rock gardens� benches and tables. They Would also hAVe a portion of the area for traiZs which would adjoin existing trails in the other additions� for a total of about 2 1�2 miles of trails. These trails would also connect with the City trails. PLAYNING CO;rMISS70N MF.�TTNG, J/l2iUltRY 10, 1979 pqrE 4 � 3C Mr. Johnson eontiuued and stated tl�ey would hnve 7£3 total unite, 39 of which would bo ca2led L' unitc which Would have one bedroom with u loft� selling for �45,qpp to $47,Soo. The C unit3 would have two bedrooms nnd txo otories und would sell for $59,5� to w63,000. The B units s�uuld have one bedro�m with a sitting aren and would oeil for �46,500 to �48,500. They did people studicc and determined there would be 2•9 People per toimhouse. With 54 privacy units that would total 156 people. Their experience indicates that toFmhouses aith 2�3rds 1 bed:oom units should develop about 1.5 people. With 78 units that would eguai cbout 117 people. Therefore t�ey didn't feel they vould te generating a lot of additional people which would cause traf£ic or amenity problems. With 78 units with 1.3 bedrooms the total would be about 94 to 96 people. Mr. Johnson stated tbey vere a HOW builder (Homeowners Waranty) and were concerned about m�intenance on the new buildings. Plat 5 would have 63,250 square feet of blacktop which would be private streets u,aintained by the Association. Plat 5 would have 13 buildir.� with a ground cover of 42�300 square feet. The lawn area to be maintained would be 80,000 sq�re feet. IIecause they can cut the buildings into the natural contour and individually grade each buildfng they Hould have 75�000 sauare feet of ground cover and end up with 120,000 square feet of lawn area to be maintaine3. With this proposal there wou].d be almost twice as much roofing and siding naintenance as there would have been with the original proposal. The target date for completion would be mid-19Fj1. With this proposal they would leave k3i$ o£ the plat undisturbed. Mr. Storla asked where the park trails would lead into the city trails. Mr. Johnson stated thers were traiZs �.n the area called the Yillages which went around the Black Forest and connected up with.City trails in the park. They would be black iop trails. t+�. Storla asked where the tennis courts would �o, if this srea was platted as proposed. Mr. Boaxdman stated they could go in the City park property behind the Black Forest, �but they would then become anartment tannis courts. Another alternative wes the Farr Lake area, but that would disturb tHe passive lake area. Another alternative would be the woaled property behind Grace High Scbool or on the property by the closed elementary school. Mr. Storla asked if xll the people in the area belonged to one association. Mr. Boardman st-ated there were two associations: The Townhouse Association and the Villages Association. Mr. Oquist asked if there would be a�y drainage problems from the surYaced areas. Mr. Johnson stated that when they had previously platted this area, it was taken before the Rice Creek Wntershed people. They are on the agenda, but feel this could be handled at the Staff level Uecause it was approved twice before and there wou].d be less drainage because there would be less blacktop than in the other sites. They feel there trould be no problem. Tfs, Schnabel aslced iP there would be a formal plan for wnter retention and runoPf. A7r• Boardman stated they had a Pormal plun end there would be several retention basins � and a pouding area. PLANtiINC COMtdISSIO?l h1[�TING, JAN[JARY 10, 197j PAGI' S � � 3D Ms. Schnabel atated ekie was concerned r�bout thc landscapine. In the luat development of tcwnhousee� tkiey vere a�eured that the retention of the trees wac s strong selling potnt, bui; aa the development proceeded, a].moct every tree wae tal:en down. Mr. Farr stated thrat the di�cucsion et that point in time was one of degree. Iiow mr,ny trees could they �ave with the 96 townhouse units vereus how many coul.d they oave with the 251 apartment units. It wAS a relative discussion in which they stated thcy could save more trees with the towohouses whicli they did, Thcy are few in number and xould have been non-ex3stent if they Had built the 251 units. The City has on file a cut and fill map that was submitted with the 251 iuiit plan in 1972. They also have the cut und fill map that uas submitted ��hen they built tae 96 townhouse units. There are more trees there now than there would have been if they had built the 251 unit apartment building, As far as �he landscaping ;aes concerned, they presented the lan3scaping plan to the City and to the single family l�omeo•.mers i�i the area, and also to the VA and FHA, and t�at plan nas been complied with to the lei,ter. Ms. Scfinabel asked if they were in the process of p3anting new trees in the area. Mr. Farr stated they had planted over 120 trees so far. Ms. Schttabel asked what their intention was regarding the new development� if they aould have a landscaping plan for that. Mr. Farr stated they felt they could save a lot more trees in this development because of the pl�ysical character of the grouud. They would cut in the streets and as they build a buildin6i they would excavate it like a house. The structures would not be much bigger tl�an a house, the outside dimensions srould be about 54 x 52. They expect to save a lot oY the naturak cover. To the extent that they disturb the nstural cuverj they would plant trees and shrubs in accordance with what they have done in the balance of Innsbruck. Ms. Schnabel stated that was why she was concerned. Sbe felt that the land in the area o£ the Villa�es was rsped and was ecncerned that it not I�appen again� and would like a formal plr,n. Mr. Boardman �tated tbey would bave construction limits� wtuch would mean they could not go dig sonewhere else, they could only dig up the amount of land necessary to excavate each building, Mr. Johnson stated that planned to leave 43p of the area in its natural form. Ms. Schnabel asked if they intended to put in a swi�uing pool. Mr. Farr stated that had been dropped fY�om the ori�inal plan. Ms. Schnabel asked if a pool were included� who would be using it. Mr. Ferr stated it would be for the North Innsbruck Townhouse Association people. Ms. Schnubel mentioned that Mr, Jolmson, in his presentation� had mentioned a II unit, n C unit and nn E unit. She asked if there was a D unit� which she Had noticed on the plan. Mr. Johnson ctated the D unit wauid be the same as the C unit. PLAPTNING COP�PIISSION MEETIN',;, SANUARY 10, 1979 - ' PAGE 6 3 E Mu. Schnabel read the letter from the Nortl� Innsbruck Townhouse Association which was addreosed to the Darrel A. Fnrr Development Corporation. '1'he letter was as Yollows: llear Mr. I�urr, ihe memters of the Iiin:,bruck North Townhou3e Association Board of Directors hus infornu�lly considered your revision presented January 3, 1979 of the replettina of the 5th Addition. The plan for 13 townhousr: structures with 6 unfts per structure ic in gene:sl acceptable. A final decision must be reserved until npecification� for the revised replat have been obtained and reviewed. A written agreement between your Corporation �nd Innsbruck North Townhouse Association apecifyin6 the actual plan�, the amenitiec� and a meaningful working agreement during the development of the 5th Addition will be necessary for £inal approval. .We appreciate your willingnecs to accomalate our needs in your revised plan and see no reason why such an egreement should not be obtainable by mid-February. Sincerely� Elaine Hun¢nel� Vice President, Innabruck i�orth Townhouse Association. A carbon copy to Richard Peterson� snd the City of Pridley. N,OTTOPI by Ms. Schnabel, seconded by i�x+, pquist, that the letter from the Innsbruck I�orth iownhouse Association be received into the record. UPON A VOICE VOTE� ALL VOTI�TG AYE� ACTING CAAIRMAN PETERSON DECLARED TF� MOTION CF�R�IED UNANIMOUSLY. Mr. Stephen Tollison, 553$ �ister Road, came forwarc3 and stated he rras a member o£ the Board oY Directors of the Innsbruck North Townhouse Association. Mr. Tol.lison stated that a monthl,y newsletter m-as printed by the Association. A newsletter wa� distributed ].ast Saturday to 160 nembers oS the Association. In that newsletter they mentioned the proposed replat of Plat 5. At that time there was still a quzstion as to �ahether there would be condominiums or townhouses. In the neksletter� they asked the sembers to call e me�cber of the Board oP Directors if they had a�y commeni;s, N.r. Tollison alone received 22 phone calls from members of the Association who were willing to come to this meeting of the Planning Couimission. After the newsletter was issued, the decision to go with townhouses and a general agreement regarding structure and desi�n had been reached. The other things the members were concerned about were•i;he tennis courts and pool. The pool was ir.cluded in the plans presente3 to the Board o£ Directors. The people xere also concerned ebout the green areas and the trees and had the same comraents N,s. Schnabel had voiced at this meeting. The residents were concerned about the numbers of trees lost in the Villages. Mr. Tollison stated that as far as recreational facilities were concerned� they had only 1 poo2 and 1 tennis court. With the addition of over 100 familiec, there must be provisionc for �ore tennis courts. The existing tenuis court :ias not even �een fiaished yet. When P1At 4 was platted, there �.•ere to be three tennic courts for the Association people to use. At this time there was only one court, Which was unfinished, erid the other two have not beer. started. There has to be a provision i'or a:peci£ic location for.the other two courts, As it stated iu the letter� everythin� must have a timetable and be written explieitly. Regarding the green areas�.they woul@ like to know exactly �ahich trees will be saved and which will be ]:ost. They have to re�y on the City in this. They are happier with thts proposal than they were with the original proposal. btr. Tollison state3 that when construction is ca-npleted and Mr, Farr would be gune, the Aasocietion would be left and they vere concerned thAt things should be done proper�y so �Chey would not be left with problems. Mr. Peterson stated tiwt it should be noted thst the Farr Corporation had prior plans and it was b1r. Farr's property shich he hrid the right to develop. If they had gone with apsri;ments rather than Villsges there would have been no trees. PLATdIiIPN; COMMISSION 1dEE`MNG� JANUAFtY 10, 1979 � PAGF 7 Mr. Jamea Pries, 5j45 E. Bavarian Pass came fox�ward and stnted he was a2so a member of the IIoard. Mr, Yriee stated he agreed with 1+[r. Tollison's statements and slso with the letter £rom the Aa3ocintion. Mr. Pries stated thnt before they reach an agreement� they would like mnre time to reviei+ the Proposal and would like tlre specifications in writing. I�u•, Prieo stnted tiiat they view the Asaocietion as s busines,, and that when the developer leaves� everything is tt�eir responsibility. Mr. Pries acY,ed the Comuiissioners for their support in reaching an agreement with the Darrel A. Farr Corporation. 3f Ms. Schnabel asked when this item would go to Council if it was approved by the Planning Co�isbion at this meetin�. Mr. Boardman stated it would go to Council on January 22nd.. At that meeting� Council would cet a date for the public hearing, February 12th� and would be acted on by the Council on I'ebruary 26th. After that there would be the Pirst and second reading of the plats� so the project woul.dn't be approved ewtil the end of tarch. Mr. Peterson noted tl�t there would be another meeting of the Planning Commission fn two weeks and if the Planning Coamiiesion waited until that r�eeting to act on this� it vould give the Corporation and the Association two weeks to reach an agreement without upsetting the timetable too much. Mr. Boardman stated it would set the City Council public hearing back until March. Mr. Peterson asked Mr. Farr what his starting date h�as. Rrc. Farr stated that when they raet with the Board of Directors of tbe Association� they suggested to the Board� after conversations �ith the City Staff, that Council would act on this 30 days after the ?lanning Co�ission meeting. They suggested to the Board that the considerations to be taorked out could be woz•ked out during the 30 dqy peric,d bet�+een the Planning Co�nission meeting and the City Council u,eeting. N,r, Fcrr suggested that tbe Planning Coff�ission �ive their a�proval with the stipulation that the Townhouse Associaticn and the Darrel A. Farr Corporation reach an agreement prior to the City Council meeting. Mr, Farr stated he felt some of the problems could be resolved right now� like the tennis courts� and otbers would l�ave to be discussed and negotiated. Mr. Peterscn stated� as Chairsan of the Parks and Recrestion Conmis'sion, he was concerned about the tennis courts. If they took the e:,crc,wed money from the Darrel A. Farr Corp- oration and put two tennis courts oa b;oore I,ake� people would be very upset. Mr. Peterson stated the City was also to blame for the situation� that money was escrowed for tennis courts with no place to put them. Tir. Fnrr stated they had agreed to provide three tennis courts. The first tennis court was in the existing bome of the Association area. Ttie agreement was that this court be conctructed after they had constructed 20 homes in the 4th Addition. g�h3t had Ueen done. The development agxeement for the Innsbruck Villages provided that they would pay for two tennis courts at a location to be determined by tbe City of FY�idley. That was to be done after they had sold 40 Village units. They Lave been ready to build the tennis cnurts since 1977• When the Cii;y tells them where tl�ey want them� they *aill build them, Mr. Peterson reiterAted that the C3ty was as much.to blame as the Darrel A. Farr Corporation. t�. Tollison reiteroted that with more people coming in� the present resideni;s Would be upsct unlcss provisions were mnde for additionAl recreaLional £�cilities in the form of A pool or tennic courts. PLAAlNI11G COi�;4I5SI0N t�tiTING, JANUARY 10, 1�79 , • PAGE 8- 3 � Mr. Toliicon al�o 3i�ated they were also concerned about a beginning and an ending 8ate. 'Pir�e frumec were very important. Na�. Lsngenfeld stated he was corry to be late and acked if the question of dreinage had been di�cussed. Mr. Peterson stated that drainage had been discussed. The Rice Creek Watershed people had not yet given their approval, but no problems were anticipated. There would be adequate ponding areas and retention basins. Ma. Schnabel asked Wbat tha width oY tfle streets doing through the development would be. Mr. Farr stated the streets would be 30 £eet wide and there would be no psrking on the streets. There would be three off-street parking spaces per unit. Ms. Schnabel asked if these spaces would be the actual entrances to the garages. bfr. Johnson stated that was correct. Mr. Stoxla asked what the interior dimensions would be for the smallest unit. Mr. Johuson stated that the interior 13ving space in the smallest unit would be 850 square Yeet including the loft� which is the bedroom. Mr. Boardman ststed that met the code. , MOTION by Mr. I,nngeafeld, seconded by Ms, Schnabel to close the public uearing. lSPOi•i A l�OICE VQTE� ALL VO`PIA;G AYE� AClI^IG CAAIRbiAN PETERSON DECLAR�D T� PUBLIC I�ARING CIASED AT 9:16 P,M. t�TION by Mr. Oquist, to recommend to Council approval oP th� consideration of a pro- posed preliminary plat, P.S. ;�78-07, Innsbruck North Townhouse Plat 5� and a Townhouse development, T-7u78-01� Fountain Oaks� by Darrel A. Farr Development Corporation: Being s replat of Outlot H, Innsbruck.North, except that part �already platted es Inr.sbruck North� Second and Third Addition�� general]�• located North of 2.694, between N,eister Road and the Corporate Limits of the City o£ Fridley� witb the stipulation that a memorandum of agreement be reached bet:aeen the Darrel A. Farr Developu�ent Corporation ancl the Innsbruck North Townhouse Association, prior to action by the City Council. Mr. Storla stated he would like a better understanding of what the agreement would encowpass. . Mr. Peterson ctated the request wtis tl�at there be an agreement between the Townhouse Association and the Dnrrel A. Farr Development Corporation� and the Planning Commissions spproval would be based on them reaching an agreement. Mr. Oquist pointed out that if their concerns were not covered� there caould not be aqy agreement. Ms. Schnabel atated she would like the motion to state that if sn agreement was not reached� the Pluuning Co�ission would not give their approvul. PLATiNING COt�4ISSIUN 14'�TTING� JANTIAI?Y 10, 1979 paGE g 3 u � Motlon died for lack of a cecond. ' • MdfION by tda. Schnabel, seconded b;/ tQr. Oquist, to reco:nmend to Council upproval oP Con3iderntion of a proposed preliminary plat, P.S. ��7f3-07, Innsbruck North Townhouse Plat 5, and a townhouse developmcnt� T-�78-01� P'ountain Oaks, by Darrel A. Farr Develop- ment Corporation: Eeing a replat of Oui:lot H� Innsbruck Pdorth� er.cept thAt pArt alreAdy platted as Inr,sbruck North Tormhouce Plat 4, and parts of Innsbruck North Second an3 Thfrd Additiono, generally located north of I.6�4� between D;eister Road and the Corporate Limit3 of the City Of Fridley� with the sti�ulati.on thnt a:nemorandum of a;;reement be rectched and si�;ned by the Inncbruck iiorth '1'o*,mhouce �,a;ociation nnd the D�rre1 A. H'arr Leveto�menr, t;orvoration. 1n the event th would be :eturned to L'he °l:nnin,� Corc�!i:,s Follo�rind, stiutitutiuuc uere al.so i:.r_lw;ed noise nrcblc^�s similia: to thc th Addit�. DiStrict. 3 Per�'orrar.ce Bond fer tae exi 1'he uslkw3-;�s be cc��leied and li;iited� and all oti,er easemeni;s i'or r:alizna;/s ia a a timet3ble to be set. L i;0°S OI] 'GO t. ° vits b� filed s;i o�:�l oi' t;,� i'.ice n.^.:ent re olac�d E:]' Y:AI.I:Wi:"�S �Jl't:'1 C c.znc il . : nlat on Mr. Lan�en£eld stated he was concerned about the environmental aspects of the development and would �ssume that the Association would take all tnose itens into consideration. Mr. Lanoeni'eld stated he wished they had the Interium Agreement type of ordinance, h;r. Langenfeld stated that tHey had rade a tour of t�e area and had found drai�age problems in other areas. The Interium Ordinance being considered by the City Coi;ncil would insure that be£ore ax�y development takes place, proyer measures would te taken to insure that there not be any environmental impact to the area. btr. Peterson stated that the fact that they had ma3e the stipulat?on that the Rice Creek Wate^shed peoole give their approval of the development wou13 make him feel very co:nPortoble. They t�ave the exnertise and en�ineering background an3 if they agree that there would be no adverse effect to the environment� he would feel comfortable. UPON A VOICE VOTE� ALL VOTIA*G AYE� ACTING CEAIRtdAPI PETr.iiSON DECLARED THE MOTIOY CARRIED i7NAPiIMOUSLY. Mr. Peterson stated that a timetable was set, the members of the Association Board had heerd the motion with the stipulations, had seen the concern of t�e Co�mni.ssionzrs and the Developer� and hoped thst through the StafP and their negotiations everything would be agreed upon and if not� M;. Schnabel's motion �aas that it be brougtlt back to the Planning Commission. Mr. Tollison thanked the Co�maissioners. Mr. Peterson turned the chairman over to Vice Chairman Langenfeld. �F. VACATION RE(�UEST, gAV ;;�78-OS, VIfCI;CG AND DLVELOnx�;� C0�'?'APIY; Vacate uuc I.qDCllll:114 a Vi' ui'tllnct�e E1nQ UT�111i.1CS tI13t Wti5 i'C''tE11II2C1 Sd�1CI1 Gumwood Streeti WIIS vacated (SAV ,-kj8-12, FIouser), except that part uetually needed by i;he utility comnanies, deceribed as follows: The easement lying between Block 5 and Blocic 6, Onaw�ay Addition, and bounded on the North by the Westerla� exteneion of the North line of Slocic 6� OnawAy Additioo� and bounded on the South by the Westerly extension of the South 11ne of Lot 11� �lock 6, Onaway Additi�n� to ullow the enclo.,ure of a storage dock ut 77�0 neech Street N.E. PLAT1NIiJC COfR.tISSION M[:BTING, JATtUARY 10, )979 PAGE 11 3J Mr. Earl Sohn3un, Genernl Mina�er of Viking Engineerinb Development Corporution came forwc,rd and ctated that Gu.rowoat w&s a j0 foot �treet that was vacuted. At ttwt time� Pqske wan the builder at that time and he put in u dock that did u�e 25 Peet. The fir�t requect they would make wo�il.d be for a vrariance for setback. The reason they xant to cover the loading dock was that tliey hrave a problem in the winter with snow and 1ce. They make rx heavy piece of equipment c�nd loadin6 is almost imposslUle. Mr. Eoardman indicated to them that the utilitie� had not been vacated and much to their aurprise were under the dock arect coneidering the occupancy permit rendered on their property. However th�t would be OK. Mr. Johnson stated tbat the telepHone company had indicated in their letter that� re�arding the cable under the dock� they Hould be re^,ponsible for any expense involved. Putting a cover on top of the dock would not change that at all. The power compa�y was concerned s little about where the power comee iuto their building. It comes into the xall and they have a netal building� so they would need a certain a;�ount of footage between the metal to have a ground. The most logical thing would be to extend the m,ast for the entry. Their pole would not effect them in any way� because it was located mid-way on the 25 feet. The gae company and Cable TV i,ndicated no concern. MinnigasCo was concerned nbout lot 6 and lot 7. They own lots 6, 7, 8, and 9. Lots 8 and 9 are the�.r parking area. Mr. Peterson asked Mr. Johnson if they were still planning on building the cover on],y 14 feet high. Mr. Johnson stated lb feet would be sufficient, because the truck does not come into that area� they only use the dock to bring the product to the truck. • Mr. I,angenPeld asked if the access was north and south of Gumwood. Mr. Boardman stated the access was off of Beech'Street. i•�ION by Mr. Peterson, seconded by Mr. Oquist, to reco�end to Council approval of the Vacation Request, sav �78_05, Viking Engineering and Development Company; Vacate the easement Por drainage and utilities that was retained when Gumwood Street was vacated (SAV #73-12, Houser)� e�ccept that part actual�y neede3 by the utility companies� descxibed as follows: The ease�ent lying between Block 5 and Block 6� Onaway Addition� and bounded on the North by the Westerly extension of the North line of Slock 6, Onaway Addition� and bounded cn the South by the iaester],y extension oP the South line of Lot 11, Block 6, Onaway Addition, to allow the enclosure of a storage dock at 7740 Beech Street NE., with the stinulation that by the tiue the reouest �c�s to City Council� all the necessary do u.*rent� �,re received ii�� the utili�y- comoanies indicatin�; the esact location of the easements needed an3 also Lne stipulatiu n that anproval fcr the nec°ssr,ry variances ere receive3 fm�„ +n,A n,,.,.�.,i.. n..__<,.____ UPON A VOICE VOTE, ALL VOTInrG AYE� VICE CAAIRb1AN LANGENFELD DECLARID THE MOTION CARRIED UNANIR:OUSLY. Afr. Johnson thanked the Commissioners. Ms. Schnabel stated thut the Appeals Commission had tabled this item and it was not on the a�enda for the naxt meeting. Mr. Boardman stated he would see about getting it on the agenda. PLANNI2dC COMMISSIOII M[:F,�fIPIG .7APIU/tRY 10, 1979 - PAGF 12 � 3 !C Vice Chairman Lrangenfeld declared a recess at 9:�+5 and reconvened the meeting at 10:00 P.Id. 5. RF.CE7.VI: �PNIRO'f1�iGPiT�L �Lr�LITY COt�.;4iS5TOrt trt7NtrrRS• n�n�rn�.rr2 m io�A. : �pages Hi0TI0N by �r. Peterson, seconded ty Ms. Schnabel to receive the November 21� 1978, Environmental Quality Co:mnission minutea. Ms. Schnabel asked what the term "awau �roup" meant on pa�;e 6 oi the minutes. Mr. LangenYeld stated that was a slang expression meanin� one vrith superior knrn+ledge and qualities to sake proper decisions. Mr. Langer.feld asked if N's. Boardman Nas aware if tiie City Council had directed the city attorney to take legal means to prevent any status change of the airport as requested on page 4 oY the minutes. � Ns. Boardsaa stated he did not lm ow. Mr. Langenfeld stated that the secon3 paragraph on page 7 and the second paragraph on page 8 were the key paragraphs regarding the discussion on the airport. Mr. Boardman asked what was meant by the state�eent "The Enviroamental Impact Statement was hired by D7AC as another step toward that implementation." Mr. Peterson stated he understoa? that to mean that the MAC had hired a firm to make an environmental impact statemettt. Mr. Boardnan asked if they weren't required by the Federal Government to do that. Ms. Schnabel stated they were if they were going to c'azange the airport from a minor to an interme3iate. So that statement means they are pianning to da that or else they vould not have hired sa�neone to do an environmental impact statement. Mr. Boardman asY,ed if their intent all along Has to make it an intermediate airport. M['. I,t.t9ngenfeld stated the MnUOT''&lan had been compiled.,and was vague. They seem to be doin� things in stages, such ae putting in more lighting� more controlls in the tower� etc. and this is what the Comtaission wss concerned about. They wouid like to see the :daster Plan. Mr. Lsngenfeld asked Mr. Boardman, regarding several motions in the mim�tes tlxat the Chairman write letters to various people� iP that was within the scope of the Cheir- person to do that. Mr. Boardman stated that a�y letter which s�ates an opinion or takes a stand should have upproval of the City Council. Letters seeking adviee or information would be ao problem. Mr. I,sngenfeld nsked� regarding the motion on page 9� if the Council had done ai�ything regarding thnt motion� and if the motions should be directed to the Planning Coimuission also, PLANNIr,G C01!MIS::ION 1+�GiI1JG, JANUARY 10, i979 PAGE 13 3 L Mr. Peteraon ctated he fclt that the action in thnt particulrsr motion woul.d be out oS order, becsuse the direct reportin� ruute would b� the sub-coum�iecion to the Planning Conniscion to the City Council, and no comnds�;ion would have the authority to 6o directly to ony other governiuental body stating a position. Mr. Langenfeld nsked if ar�y commiscion could by-pass the Plenning Co�ission� and make a motion directly to the City Council. Mr. Boardman stated that all of their motions were directed to tbe City Council� those motions appear before the Planning Cormnission because of the review process. IP the Plannin� Cc�nission feels the �otion effects the comprehensive plan or the policies that had been established� it could act� but would not have to. hlr. Peterson stated that he 4rould consider the motion on page 8 regarding the M.P.C.A to be out of or•der becauae there the Comnission was taking direct action without approval of the City Council. Mr. Langenfeld stated he was glad he brought the issue up and had it cleared up. Ns. Boardman stated the motion on page 5 regarding New Brighton would also be considered out of order. � Mr. Lringenfeld stated the second para�raph on page 10 vas of interest and the Commissioners should read it. Mr. Iangenfeld asked if the City had done anything regarding recreational vehicles as discussed on page 12. N�r. Peterson stated that Bob Sbore had purchased that property and the City had an agree:nen� with them similiar to the one they had last year with Sears� allowing them to use the property for recreational vehicles� until he develoues it. Mr. Langenfeld stated that the_word organizstion on page 13� the first paragraph� the first sentence should be changed to read "collection - re-cycling center". UPON A��OICL VOTE� ALL VOTING AYE� VIC^n CH/IIRIVfAN LANGEI�'ELD DECLARED TFE i�fOTION CARRIED UNAIJIMOUSLY. §. (A� PURCHASE OF TAPF RECORDER FOR COhi�TSSIOh USE: PAGES 10 and 11: Mr. Lat�en£eld stated the Environmenal Quality Counnission would like to purchase a tape xecorder in order to tape such things as the City Council meeting over the tdnDOT Plan� etc. The Cov�ission thought other com,missions might be interested in sharing it. Ms. Schnabel stated that the Appeals Co�nission would not be interested. Mr. Storla stated his Commis�ion had not discusced a need for cne recently, but felt it was a reasonable request� to kave a tape recorder available to the Comniscions. Mr. I.angenfe�.d asked if they would be allowed to purchase one with their budget money. Alr. Bot�rdman stated they were allowed� but it would have to be approved by the City • Council. 3 PLANNINC CUMMISSION MGETIN^v, JANUARY 10, 1979 PAGE 14 3 M Mr. Peterson ebnted the P�arks And Recreation Connnission hed not dincusaed this� but personrilly felt ttwt Commissiona would be �etLing f�r Afield Ly t�pi.ng all kinda oP public meetinge becsuce in the firsi; place 1t would be eetting a precedent and in the second place� he could not cee where the information would be used, because who was going to set and listen to A i'oun c�ur tape. A1], public meetings were supposed to have minutes and they could request the minutes. The official te�timony o£ a public meeting would be the minutes, not a tape of the meeting. 6. RECEIVF. PARICS qIdD RrCRL'ATION COI��ISSIOP7 MINU9BS: NOVENIDER 27� i978: TZ?TION t�y Mr, Peterson, seconded by P4s. Schnabel to receive the November 27� 1978� minutes of the Par;cs and �ecreation Ccmmission. • Mr. Peterson stated the Parks ar.d Recreatio n Comroissi:on had voted to go to six meetings a year with the option to schedule special meetin�s. The meetinga had been scheduled to occur just before a new activity or season begins. UP6N A VOICE �IOTE� ALI, ppTIPTG AYE� VICE CHAIRMAN LANGENFELD DECLARED THE NqTION CARRIID UNANIAIOIISLY, � 7. RECEIVE APpEpLS COP+IMISSION MINiJZ�S: D�CEb,BER 12� 1978: MOfiION by Ms. Schnabel, seconded by N¢�, Peterson to receive the December 12� 1978� minutee of the Appeals Cormnission. � Ms. Schnabel noted that the bottom of page 5 and the top of page 6 covers a discussion of a letter frcm Virgil Herrick. This item was discussed in depth at the next meeting� December 26� 1978. N,s. Schnabel also stAted they would be discu�sing the zoninb ordinance changes at the January 16, 197� meeting of the Appeals Co�,mission. UPON A VO�CE VOTE, pLT, VOTING AYE� VICE CHAIRI�AN LAl�*GE rj�'gj,� D�CS.lsRFD ,� r�p�,20N CARRIID UNANINAUSLY. 8. RECEIVE ENVIROPTh�,T;TAL �UALITY COt•�ffSSI0I7 MINU'IES; DECEN.BER 19 � 9'78: MOTION by Df�, Schnabel� seconded by Mr. Peterson to receive the December 19� 1978, minutes of the Environmental Quality Comniscion. � 2dr. I.angenYeld stated he �aas not able to attend that meeting. Mr. Peterson asked who Mr. Perez was. Mr. Langenfeld stated Mr. Perez was a menber of the New Brighton Environmental Coimnission, and also on the M. P, C. A. Mr. Peterson stated he was concerned with Mr. Perez's statement on the bottom of the first page� and was concerned because the Comraission does not i�ave the authority to do that. Mr. Lan3enfeld noted that the Commission had discussed having the words "Draft Subject to Fintxl Approval" on the first page of the minut�s. £LAidPdIIiC CONt�ISSION i•1I�T;TINC, JANtJ,1RY 10, 1979 � PAGF 15 3 r�i Mr. Isonrcimnn ci:ated thut the minutes of a meeting ure ofPicial minutea, and are autject to chAnge, but the cYwru�es are official alco� therefom they could not dU that. . Ids. Schnabel stated she felt that if corrcetions bring about 3ubstantive chart�es of the proceeding of the meetings� they ahovl3 not be allowed. rfx'• Bottrd�,an stated tnere could be problems in what wae heard by the public and what was in the minutes� and thoee type of changes could change the content. 2fs. Langenfeld brought the attention oP the Commiscioners to the motion on page 6� where they hcive him ��ritin� more letters. Mr. Boarlm.an stated tY�at as Chairperson� PFS. I,angenfeld had the authority to say no to these mottons. UPON A VOICE VOTE� ALL VOTING AYE� VICE CHAIRMAN LE1tdGENFGLD DECLAPED THE D,pTION CARRIID UNANII•iOUSLY. �. RECEIVE; pP_pEqLS COI�f+IISSIOi+T MCNUFES: D�CEPIB�,R 2f 1978: 190TIOPt by i�:s. �Schnabel, seconded by bir, Peterson� to receive the December 26� 1978, minutes of the Appeals Commission. Ms. Schnabel stated that pages 5, 6 and 7 of the minutes covered a discussion regarding a memo received fros CounciL This memo was a research datir� back to the 196p, covering all actions taken regardin� lots less than 50 feet. There was a regvest to put a new struc�ure on a��0 foot lot. Included with that memo was a copy of a letter from tne city.aitorney to a m.-ember of Staff regarding that requzst. The Appeals Commission felt that there were two conflicting point that had been madz ��; the tine the Co�mission heard the request. A motion was made telling Council that Appeals would be i�illing to re- consider thi� requect if tne Ccuncil taanted them to� and if they didn't want them to� Council coutd �o ahead and hsndle it, when the 90 days were up. 2•;s, �chuabel stiated she had noted at the January 8th City Council meeting� the Ccn,mcil had requested the item be returned to the �card of Appeals for action. It did come to li„ht, that the Appeals Commission felt it was given erroneous inforc�tion. Ms. Sehnabel felt this would cause a vary di£ficult situation with regards to the people in tHat neighborhoal. UPON A VOICE VOTE, p,LI, VOSING AYE� VICE CHAIRMAid LANGENFELD DECLAIiED THE MOTION CARRIED IRdANS1�".OUSLY. 10. RECEIVE ENERGY PROJ�CT C�rII�ffT'PEE MINUPES: DECEbBER 13� 197f3; MOTION by Mr, Storla, secorided Uy Ns. Scunsbel� to r�ceive the December 13� 1978, minutes of the Energy Project Conmittee. Nfr. Peterson aoted thni; Mr..Langenfeld tisd been elected cl�airmmn of the Coum�ittee. Dh'. Lcinaenfeld stated he appointed a vice chairman� aud on the Zast page of the minutes� they invited Afr, Hr�rris ta stay on the Commission. Mr. LangenSeld stated the minutes contained a lot of vital infonmtion And mentioned that� as dicctt.^,sed on pr�ge b� they uould like to obtaiu some pamphlets� in particular� "Key to Comfort", Mr. IIoArda�an stated he xould look into getting them, ' r�rrzrra, ,TAP�IUARY PAGE 16 3 O Mr. Lsn�enfeld bro��;ht to Nu•. Boardmun�s attention tl�e motion on the bottom of page 7 requeetin� ctai'f to compile informntion regarding tkie inerease in den�and of Co�nercial and Industrial Sales bei;ween the yeArs 1976 a ixl 1977, Mr. Peterson noted that a lot of new construction had taken pince during that �erial. N�'. Tangenfe2d mentioned the £act that this Corr�ittee Nould terminate in June. UPOiV A VOICL�' VOT:.� ALI, VOTING AYL�'� VICE CHAIRbiqpl L�1I3GEPIFE',LD DECI,�'1RED TI$, MOTION CldRRIED UIIANIMOUSLY. . 11. CCNTINUED; h�EN.ORAND[TM OF AGREFD�r;g'; Ms. Schnabel stated this item had been tabled and the Co�ission had made the corr.ection at the beginnin� of the meeting. 12. CQNTINUED: PRppOSL'n CN_ANCF.,S TO CAAPTE'ti 205• Z0;3IPlG; bKYI'ION by N?s. Schnabel, seconded by Mr, Peterson to continue the proposed changes to Chapter 205. Zoning, � UPON A VOICE VOTE, qLL VOTISIG AYE� VICE CFIAIRb:qPI r,AI�TG�I�ELD DECLARED THE N,0'PION CARRIEp UNANIb10USLY. 13. arF� svsirrsss: Na'. Langenfeld stated he had received a letter from the Charter Co�ission and asked if the other Corunissioners had received it. The other Commissioners stated that had received it. Mr. Langenfeld stated he did not represent tti�s Coimnission and had asked if they would delay action so that Planning could act and send recommendations to the Charter Co.�ission. The Charter Commission meets the first Tuesday of the month ahd there was no problem in that respect and asked i: the Co�issioners would like to provide recc�endations to the Charter Coumiission regarding these items. I�h�, I,argenfeld ctated he had alreacZy given his com�nents as a citizen. Mr. Petexson stated he had also contributed his comments and recommendations both as e citizen and as Chr.irman of the Parks and Recreation Commission. He did not speak Por the Cormaission but only for himself as Chairman. Ms. Schnabel stAted she he�d also contributed her recommendations. Mr. Storla stated he had not received it until yesterday and was too late to send a letter� but wouid let them know, AS�'. Lan�enfeld stated the Charter Cocuci.ssxon had two openin�,s. Air. Etoai3mun stated that the City Council had hired a consultant for the Do�antoirn ReviLili::Ation. They did hire Professional Plannin� und DeveloF�pent. They have signed th�� eunti•acts� c,nd i,hey would be�in work on Junueary 15, 1�79, PJ.�,rrr�zrr� C01•�%�l��IQIJ M!?1;'I`.l'NG, .rnrnJnrY �o, 19'j� PACP 17 � 3P 14�. �chuabel ncleed if tlie Cit;y Council 2�ad tal;en any,nciion ro�urdin� i:he Plnnning Commiocion'c recoimnendutlona eoncernin;; ttie i'ln�u�ei.al oUligutions of the bucineso community. Mr. Boardm¢n :,tated he,waU »ot surc� but they had hired the con�ul.tunt. Nrr. Pei;er�on stated that on Th.u�sdr�y� January�25th� the Citizens Crime Prevention Co�enittee would be meetin�, and anyone rrho c�uld lil:e to attend was welcome, I�SOTIOid by t;s. xhnabel, seconded by i9r, Peterson, to r�djourn the Janvr3ry 10� 1979, meei;in�{ of the Planning Co�icsion. UPOIa A VOICL�' VOTE, ALL VOmZNG AY�, VICE CIIAII'}MAN LANGF.,IQPT�.LD DECT,N3ED THE A1LS;TII`7G ADJ'OURP,?,.D AT 11:05 P.M. Respecti'u].ly Submitted: i1� � �� � 'a�,:'.� s�:.,�.;�L�'° ti&'t �+ Ss?�=�.'CGri Recordin�; Secretary � � � : "� r'�'�« . ..:'' � .-'" = . _ - L . 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I) Ray Leek, Planning Aide A1 Perez, New Brighton Environmental Coumission Chairperson Langenfeld called the meeting to order at 7:40 p.m. Mr. Langenfeld welcomed Mr. Hora and introduced him to the Co�ission members. APPROVAL OF OCTOBER 1� 1978 ENVIRONMENfAL QUALITY COP4�IISSION MINUTES: MOTION by Lee Ann Sporre, seconded by Bruce Peterson, to approve the October 17, 1978, Environmental Quality Coomission minutes. Ms. Sporre made the following changes to the minutes: Page 3, paragraph 3: 4th line--"Ed Havmiel" should be chan ed to "Jeff Hammel, Noise Abatement"; 7th line--"of" should be changed to "to". Page 4, paragraph 3: 3rd line--"Jan. 19, 1977" should be changed to "Nov. 19, 1977"; Sth line--"acreage" should be changed to ��foota�e�� Page 5, 6th paragraph: 3rd line--"was" should be changed to "not to exceed". Page 7, Sth paragraph, last sentence should be changed to read: She would be willing to spend many hours refinine an ordinanc� Ms. Sporre referred to two motions at the October meeting in which the Commission had received letters into the record, She would like it to becane Coinnission policy that whenever the Coumiission received letters or reports into the record that those letters and reports be duplicated and attached to the minutes. She reco�ended that Ms. Jan Schauls' 3T ENVIRONMENTAL QUALITY COMMISSION MEETING NOVEMBER 21 1978 - PAGE 2 two letters received into the record at the October meeting be duplicated and attached to the November minutes, and that this become a policy of the Coumiission. The Commission members concurred. UPON A VOICE VOTE, LANGENFELD, PETERSON, SPORRE VOTING AYE, HORA ABSTAINING, CHAIRPERSON LANGENFELD DECLARED THE MOTION TO APPBOVE THE MINUTES AS ANII?NDED CARRIED UNANIMOUSLY. APPROVAL OF AGENDA• The following items were added to the agenda under "Other Business": A. Purchase of Tape Recorder for use by Commission B. Motorized Recreational Vehicle Use in City C. Lease Agreement with Non-Profit Organization called SORT MOTION by Bruce Peterson, seconded by Lee Ann Sporre, to approve the agenda as amended. Upon a voice vote, all voting aye, Chairperson Langenfeld declared the motion carried unanimously. � 1. CONTINUED: hfitDOT PyAN; A. Anoka County Airport 1. Council's Position Mr. Peterson stated he was very disappointed in the meeting with MnDOT, MAC (Metropolitan Airports Commission), Metropolitan Council, and the Fridley City Council regarding the Anoka County Airport. He felt the issue was skirted and no real answers were given. When asked questions on specific things, the people from ItAC did not get to the point on anything. MAC kept saying that this was just a study to draw up a master plan for the airport; that federal funds had been sought to study and plan to draw up the master airport plan. Mr. Perez stated that the problem with a master plan was that it did not assess the impacts, if any. The Metropolitan Development Guide said that Anoka County would become an intermediate airport and the master plan stated the individual projects that must take place to get the Anoka County Airport from a minor airport to an intermediate airport. There was no assessment of what happened when these things were done. That followed the• master plan. After the master plan, we would not know whether what they were proposing would have any negative impact. He stated it was very misleading at the City Council meeting the evening before as people thought that the master plan would deal in the decision of whether the Anoka County Airport would become intermediate when, in fact, it did not. He stated that decision had already been made. ENVIRONMENTAL QUALITY COiM1ISSI0N MEETING NOVEMBER 21 1978 PAGE 3 Mr. Perez stated that thanks to some of the people in this • (part of the metro) area, there were some statements in the back of the Metropolitan Development Guide that sgid there was the possibility of Anoka County reverting back to its present status. He stated it would be nice if the Environsental Quality Covm�ission would request MAC and Metropolitan Council to retain the minor airport status prior to the approval of the master plan. Ms. Sporre read from the December 22, 1977, report of the Metropolitan Aviation Chapter of the Metropolitan Development Guide, page 60-A, 2-B: "Evaluate the classification of Anoka County Airport as intermediate airport upon completion of the master plan. Consider changitlg the classification to a minor airport if environmental impacts are excessive as determined by state and federal regulations." Ms. Sporre stated it would be useful if the Commission contacEed Metropolitan CounciL and MAC and asked them if this, in fact, meant that the determination could include a minor airport status prior to the adoption and approval of the master plan. Ms. Sporre sCated that one big problem they were facing in evaluating the airport was the segmented approach to the status change, i..e., foot by foot, runway by runway, rather than the total effect. M37 C�7�1 BRUCE PETERSON, THAT �:7a Mr. Langenfeld asked what the City Council's position was on the airport expansion? Ms. Sporre stated that reference was made to North Park by the Metropolitan Council representative, Marsha Bennett, and the words she used were: "There are political realities that have to be recognized." Because of Metropolitan Council's decision- making role in funding local projects and concerns, local govern- ment was placed under extreme pressure to adhere to the goals of Metropolitan Council. Ms. Sporre felt the reference Ms. Bennett made was totally unrelated to the airport issue. 3U 3V ENVIRONMENTAL QUALITY COI�IISSION MEETING NOVEMBER 21 1978 - PAGE 4 Ms. Sporre stated that the Commission was probably aware that Fridley had an application in Metropolitan Council for funding for the nature center and it would require a Metropolitan Council decision in December on that issue. She felt City Council was put under extreme pressure because of the role of Metropolitan Council and she felt it was unfair to discuss � anything other than the issue of the airport at the airport meeting. She stated that the City Council did not expand on their decision regarding the airport. The City Council had been requested by this Commission to direct the city attorney to take legal means appropriate to prevent any status change of the airport in keeping with neighboring co�unities' positions, but no action had been taken by the City Council. Ms. Sporre asked Mr. A1 Perez to outline for the Cov�ission s�e of the issues the New Brighton Environmental Commission was facing. Mr. Perez stated that there were other transportation issues that were affecting New Brighton as well as Fridley. He recommended that the New Brighton Environmental Commission minutes go to the Fridley Environmental Quality Coum�ission Chair- person so that Fridley would know what issues New Brighton was getting into. Mr. Perez stated that New Brighton had jus� adopted an ordinance at the last City Council meeting to train their police . to enforce recreational vehicle laws. He stated that Fridley might be having the same problem. Their suggestion was that the New Brighton Police Department work wi.th the Fridley Police Department in this matter. Fridley had a motor- cycle that was bought a couple of years ago to enforce this kind of thing. It would be crazy for both New Brighton and Fridley to have a motorcycle when enforcement was on a sporadic basis. Mr. Perez stated that another set of issues were the dropping of I-335 from the �`ransportation Plan and the Northtown Corridor which was intended to compensate for it. It was interesting that it increased travel in and through our communities when traffic could better be handled in the southern part of the city. He was sure Fridley did not participate in this decision nor did New Brighton. Because they did not receive the opportunity to participate, they now had to accept a report that dealt with the replacing of I-335 with replacement projects that would help Minneapolis, but would not help problems in 694 and would put pressures on the Northtown freeway. New Brighton had considered suing Metropolitan Council and putting an injunction on those replacement projects because the processes had not been followed properly. 3 !•! ENSIIRONMENTAL QUALITY COMMISSION MEETING NOVEMBER 21 1978 - PAGE 5 Mr. Langenfeld stated he was in agreement with Mr. Perez to have the two commissions in coalition in regard to items of mutual concern. N 5t'VHl(�, SL�GONpED BY BRUCE PETERSON, THAT Z QUALITY COMMISSION FORWARD COPIES OF ITS EW BRIGHTON ENVIRUNMEN�AL COMMISSION AND ATION OF THE NEW BRIGIiTON EN�IIRONMENTAL COPINIISSION THE FRIDLEY ENVIRONMENTAL QUALITY COMI�ff SSION CHAIR- VOICE VOTE, ALL VOTING AYE CHAIRPERSON LANGENFELD ION CARRIED UNANIMOUSLY. Ms. Sporre suggested they include an arrangement for adhoc joint committees to be formed on mutual environmental issues to resolve or work out any problems. Mr. Langenfeld agreed that was a good idea. He extended an invitation to Mr. Perez for the New Brighton Environmental Commission to attend Fridley's Environmental Quality CoumLission's meetings. ` Mr. Perez stated that the New Brighton Environmental Commission met the second Thursday of each month at 7:30 p.m, in the New Brighton City Ha11 City Council Chambers. The chairperson was Mr. Jerry Bensing. He stated the New Brighton Environmental Couanission had nine members and were overloaded with nine members. He felt sympathy for the Fridley Environmental Co�nission with only five members and the work they were facing. He stated the Public Works Director was their staff representative. They did not have a secretary. They had a City Council representative at each meeting so they always got a City Council update. MOTION BY LEE ANN SPORRE SECONDED BY BRUCE PETERSON TiLAT THE CHAIRPEP.SON OF THE ENVIRONMENTAL QUALITY COMMISSION COPIMUNICATE TO THE CHAIRPERSON OF THE NEW BRIGHTON ENVIRONMENTAL COMMISSION THE WILLINGNESS TO WORK WITH THEM ON ISSUES OF MORE LocAT. sTr.NT- r� ���� Ms. Sporre stated that she and Mr. Perez had discussed the possibility of protecting the north area in regard to the decision of the airport acceptance and the need this issue exposed in terms of a public policy or permit process that could be under the Minnesota Pollution Control Agency (MPCA) which would address the overall effects of the decision like the one outlined for the Anoka County Airport in the Metropolitan Development Guide. She wondered it the Commission would be interested in the MPCA developing a policy and a permit process for that type of expan- sion addressing issues of noise and air quality. 3X ENVIRONMENTAL QUALITY CONPfISSI�I MEETING NOVSMBER 21 1978 PAGE 6 Mr. Perez stated he was also a member of the MPCA and was now speaking as a member of the MPCA. He stated that what the MPCA was contemplating was having permit regulations for airports. What happened was that the focus had been so much on a major airport that a 1ot of little things escaped public notice. He stated that the little airports had been stagnant for many years. In 197b the Noise Development Fund had now made available money for noise abatement projects and the availability of that money made it possible for small airports to consider expanding again. As they saw proposals for the airports to grow, they saw the importance for some sort of permit requirements so inconsequential changes went through, i.e., lighting, control towers, staff. Inconsequential things could mean a change in the airport's func- tional classification. He wondered if the Co�ission would like to participate with ttE MpCp in developing a permit for airports. Mr. Perez stated that from the state's view, the reason for the existence of Metropolitan Council was because local governments had difficulty making comprehensive zoning decisions. Because of that, tl�ere was a need for an "awau" group that could.make tough decisions. On the matter of the Airport Land Usage Plan, it was their opinion that Metropolitan Council was not playing its role and wes not taking a tough attitude of good land use. He did not think the Metropolitan Council's decisions were any different from what the locals would have done. In fact, it was more difficult, because of the political pressure in being appointed, rather than elected,to make those decisions. The State� was not seeing the good zoning land use and the comprehensive planning that was supposed to take place. Mr. Langenfeld thanked Mr. Perez for coming to the meeting. Ms. Sporre stated the �'taking issue" y�as very significan5 ir. terms of airport planning. As the capability of enjoying the physical use of the land was reduced to adjacent homeowners, they could through reverse condemnation, ask that the land be taken from them through the courts and that MAC compensate for the property. But, the effect of the taking as brought into the settlement, and the fact that the land had been reduced in value and the home tuas no longer a very valuable home but a lower priced home, what the airport had already taken was not brought into consider- tion. This was reflected in the evaluation used by FHA, HUD, and federal agencies. Ms. Sporre referred to the Work Scope of the Anoka County Master Plan, which was going for vote at Metropolitan Council on November 30 and had been approved by a Subcommittee on Trans- portation. She stated that an interesting point about the Work Scope that should go into the record and that had bothered her very much was the fact that they intended to use money to identify those interested in the opposition and "to counsel them". They were going to have an approach that included identifying individuals 3Y ENVIRONMENTAL qUALITY COA�ffSSION MEETING NOVEJ�fBER 21 1978 PAGE 7 and groups, leadership profiles, group profiles, and concerns. The Work Scope said that a Team Cammunity Relations Specialist would use counselingand interviewing methods in conducting meetings. They were going to'tounsel'; not inform, On page 3 of that report, she was concerned about the fact that the Army/Air National Guard military operations facility development plans wese back in the approach being used, because people were lead to believe it had been defeated. Ms. Sporre stated a master plan'was not needed if they could retain the minor airport classification. The master plan was a step toward implementation. The Hnvironmental Impact Statement was hired by MAC as another step toward that implementation. Ms. Sporre stated that the biggest problem she had with the Work Scope was that the public was not going to be heard, but counseled. She found the word extremely irritating. It was found on page 7 under "Determination of the Concerns of Leadership". The citizens ahould not be counseled, but given a chance to be heard. She suggested to Mr. Leek that if he intended to make any kind of input at the public hearing that he react to that statement and to the statement about the National Guard facility. Mr. Langenfeld asked how the meeting had addressed the ambiguous manner in which the MnDOT P1an referred to the question of the airport? Ms. Sporre stated that the question was asked of Marsha Bennett. Marsha Bennett made a statement that there was a proposal in 1972 to develop a new major airport in the metropolitan area, but that recently in the review in 1976 when it was evaluated, that plan was dropped and the decision was made to use the available airports rather than a new major airport. The question was then asked who was of the opinion to drop the major airport in favor of two larger intermediate airports with jet capabilities, and Ms. Bennett did not have a name. Not only were no names given, it was not even clearly stated whether it was a staff decision, MAC decision, or a Metropolitan Council decision. hMs. Sporre stated that she and Ms. Seeger had attended the public earing on the MnDOT Plan on November 9, 1978, at the Hennepin County Government Center. She submitted her report and Ms. Jan Seeger's report for futUre use. She stated this information ought to become part of the record. � Y BRUCE PETERSON, SECONDED BY MA RE'S AND MS, SEEGER'S RfiPORTS ON ON NOVEMBER 9, 1978. UPON A VOI 3Z ENVIRONMENTAL QUALITY COMMLSSION MEETING, NOVEMBER 21, 1978 - PAGE 8 Mr.Peterson asked what the Federal Aviation Administration's (FAA) position was on the Anoka County Airport expansion2 Ms. Sporre stated that the FAA had approved funding for a new major airport in the metropolitan area, but the site selection process had not been approved. This was the thing that MAC had now that they did not have in the late 1960's; approval on the funds, but the site of that facility was loose. They were going through the backdoor in the site selection process. Ms. Sporre stated that an important point that came out in the meeting was that there was an agreement with MAC and FAA not to discriminate on the landing. She stated she would support the Commission participating with the MPCA and would be willing to represent the Coum�ission, if interested, in developing a permit process and regulations for airport expansions. MOTION BY LEE ANN SPORRE SECONDED BY MARVIN HORA THAT THE ENVIRON- MENTAL COMh1ISSI0N CiiAIRPERSON COMMiJNICATE TO T}IE M.PoC,A, THE DESIRABILITY OF HAVING A PERMIT PROCESS AND REGULATIONS FOR AIRPORT EXPANSIONS AND THAT ALL SEGMENTS OF THE AIRPORT EXPANSION BE ADDRESSED IN THE PERMIT PROCESS AND RELATE TO THE CHANGE OF FUNCTION. Ms. Sporre stated that carban copies of that let*_er should go to the head of Air Quality, Mr. Ed Wiik, and to Mr. A1 Perez, as well as the head of the MPCA, so that a11 were aware of the Commission's request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON LANGENFELD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Peterson stated that he did not think it was the Commission's responsibility to get involved with the MPCA in developing this policy; it would be better for Ms. Sporre to be involved on her own. Ms. Sporre stated that the next meeting on the Work Scope was on November 30, 1978, a public hearing on December 4 at 10:00 a.m. in the State Office Building when the Metropolitan Council/Metropolitan Airports Commission was presented to MnDOT, and final recommendations on the MnDOT Plan from the Hearings Examiner. (No date available at this time). MOTION BY LEE ANN SPORRE SECONDED BY BRUCE PETERSON TO CONTINUE DISCUSSION ON THE MnDOT PLAN AT THE NEXT MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON LANGENFELD DE.CLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Peterson stated that he wondered what could be done in regard to withdrawing the request for funding for the master p1an. .. . ENVIRONMENTAL Q UALITY CONII�7ISSION MEETING NOVEMBER 21 1978 - PAGE 10 Mr. Leek stated that the recovmiendation that overlay districts for pro- tection of natural resources be developed was not one which had been discarded. They were putting together the entire comprehensive develop- ment package for Fridley and that consisted of not only policy plans, but specific capital improvement program 'and attendant regulations accruing from the policy plans. But, it was not something proposed for the Zoning Code. The Zoning Code was of such a nature that it was not Likely that those specialized protection regulations would become part of the land use classification per se. The changes were primarily proposed because the Zoning Code was very much in need of some kind of update, particularly where redundancies occurred in commercial zoning and industrial zoning. Ms. Sporre stated that she thought some of the Covm�ission's recommendations had included more than just water bodies; they had talked about unbuildable slopes, high water tables, and vegetative characteristics that ought to be accocrmiodated in the Zoning Code. This zoning code was not the proposal initiated by the Covm�i.ssion and she found things in the Zoning Code that did not reflect the intention of the Commission. She recommended that the "Proposed Changes in Chapter 205 Zoning" be forwarded on without rec oum�endat i on . � Ms. Sporre stated she wanted to see the natural resource ordinances the Co�ission proposed brought into line with the present zoning capability and that during the process (which she felt should be priority) they use the Interim Development Control Ordinance so that the design of the community reflect the natural amenities of the area, Ms. Sporre read the following goal which she felt was applicable to the Zoning Ordinance: Goal �k2. Promote efforts that will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man. d. Promote high quality standards for the control of air, water, noise and visual pollution, including necessary protective measures. e. Develop and implement land use standards which are compatible with the inherent characteristics and carrying capacities of the environment. h. Ensure public access to recreational areas, with due regard to carrying capacity and wise use of energy. i. Foster innovative community design. 1. Minimize conflict of interest on the part of those who make decisions about land resources. m. Ensure more effective citizen participation through such measures as adequate puhlic notice and review. 3 CC ENVIRONMENTAL QUALITY COMhIISSION MLETING NOVEMBER 21 1978 - PAGE 11 MOTION BY LEE ANN SPORRE SECONDED BY BRUCE PETERSON TO RECO2�ND TO CITY COUNCIL THAT THE USE OF NATURAL RESOURCES ORDINANCES PROPOSED BY THE ENVIRONMENTAL QUALITY COMhffSSION AND TH� iNTFii7t� nF.VF.7.f1PMFUT /`(1T1TA/1T � 'L_11�3�/;1 Y�:7� IN THE Ms. Sporre asked that Mr. Langenfeld adhere to the Coumiission's reco�endation at the Planning Commission level. LEE ANN SPORRE, TNAT REGARDING TO THE NOISE ORDINANCE, IN N THE ZONING CODE_ SPECIFT ZONING CODE". UPON A VOICE 3. nIR POLLUTION: Mr. Langenfeld stated that there was an Air Pollution meeting in Community Room I that same evening sponsored by the League of Women Voters. Ms. Metcalf was representing the Co�ission at that meeting. ' MOTION BY BRUCE PETERSON SECONDBD BY LEE ANN SPORRE TO CONTINUE TiIIS ITEM AT THE NEXT MEETING AND TO RECEIVE A REPORT FROM MS, METCALF ON THE [�C�]�MS7�7 4. CONTINUED: ADTiMAI, ORDINANCE: Mr. Leek stated due to loss of manpower in the department, he had been unable to come up with a model animal ordinance. ION by Bruce Peterson seconded bv Lee Ann Sporre to continue discussion the animal ordinance at the next meetin� Upon a voice vote a11 voting , Chairperson Langenfeld declared the motion carried unanimouslv_ S. OTHER SUSINESS: A. Purchase of Tape Recorder for Co�ission Use: Ms. Sporre stated there was a need for this Commission to haue a tape recorder to be able to accurately record statements regarding public policy such as was presented at the public hearing the previous evening on the Anoka County Airport. She could see the need to record policy makers or government officials on their positions on certain issues. MOTION BY LBE ANN SPORRE TO AUTHORIZE THE CiIAIRPERSON TO PURCHASE A TAPE RECORDER THAT WOULD HA�E THE CAPABILITY OF BEING ABLE TO RECORD LARGE MEETTNGS. MS. SPORRE WITHIIREW HER MOTION. t II ENVIRONMENTAL QUALITY COMMISSION MEETING NOVEMBER 21 1978 - PAGE 12 l�L� n�:x x�:SN�AKCH BE DONE IN T]iRNS �THER COI�IMISSIONS WITHIN THE C SUCH A TAPE RECORDER WER�: - THE HEARING WITH THE NIINNESOTA ENERGY AGENCY FOR THE FLfNDING OF THE ENERGY PHASE OF THE NATURE CENTER BUILDING, - THE PARKS AND OPEN SPACE COA'AIISSION MEETING IN_REGARD TO THE NATURE CENTER AND THE ISLANDS OF PEACE. - THE JOINT MEETING LAST EVENING WITH MnDOT, METROPOLITAN COUNCIL, AND MAC REGARDING THE ANOKA COUNTY AIRPORT EXPANSIONo VOICE VOTE, ALL VOTING AYE CHAIRPERSON LANGENFELD DECL Y. Mr. Leek stated he would check into the cost and interest by other commissions of a tape recorder. B. Motorized Recreational Vehicle Use in the Cit : Ms. Sporre,stated that New Brighton was very active in this regard and was going to be ccum�unicating with Fridley on the use of locations in the north area for motorized recreational vehicles. In the City Council meeting minutes of October 23, 1978, Mr. Qureshi had commented on a special conm:ittee to find areas for designation of recreational vehicles. A motion was made to have Mr. Bob Barnette serve on this committee. Ms. Sporre stated she was very concerned about this and the things that had been happening in the nature center from the motorized vehicles. She stated that some areas Mr. Perez had mentioned might be the airport site or the arsenal gravel pits. She thought the city should pursue this with New Brighton. If they were going to be in the process of designating areas, this Commission should be involved. �i[ii7 THE VOTE, ALL VC UNANIMOUSLY. USE REVIEW THE C. Lease ARreement on Non-Profit Organization called SORT: VOICE Mr. Langenfeld stated that SORT (Save Our Reusable Trash) was a non- profit organization which was the end result of the Commission's recycling study. A one-year lease agreement was prepared for this organization. The organization would work with the city. The problem was that the document had not been _ filed with the state for it to become that type of non-profit organizati m. 3 EE ENVZRONMENTAL QUALITY COMMISSION MEETING, NOVEMBER 21 1978 - PAGE 13 Mr. Langenfeld stated that the location for the organizatirn was the area south of 71st and west of the municipal garage yard. The city would provide maintenance and necessary signing and any amendments to the operating procedure would have to be approved by City Council. He stated that Ms. Metcalf was sti11 involved in it and additional information. could be obtained from her. AD.TOURNMENT: MOTION by Bruce Peterson, seconded by Marvin Hora, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Langenfeld declared the November 21, 1978, Environmental Quality Concnission meeting adjourned at 10:55 p.m. Respectfully subm'tted, Lyi4t e Saba� Recording Secretary ^ .„ C.�K/✓ , I,: M: + Y •.�'� t' s.'L � r� � YAiER-CARLOS AVEfiY GAHE�FpRFt � 3 FF I am herc tortay to ad�ase t2�e aviation section of the MH/DOT Pian; specif- icnll,y the posaible adverse effects tha axpansion oP the runways at tho Anol:a County IIlaine Air�ort could have on the acquifer rechar�r,e area und thp dralnare of the Carlos Avery Gtuie Refur,e. M article in tlie x?inneapolis Star� July 20, 197E, P 15C, tells tustt�h4t the pollution of lakes an3 rivtrs is nor� the top �vironmental concern in the astion, accordinr, to a recent Harria Sscwey of SSG7 U,S, adults." �,fien asked about the different ti•;�ea of pollution, f8 percent af those polled eaid the pollution of lakea and rivers io very BeriouE, compared with 54 percent who felt thet way in 1971,„ A etudy that a�ya that environnental probler,is may acconnt for as �uch as 7a nercent to 80 percent of tho causes of eaneer� and aiso are responcible for heart Qiaeases� eccordinF, to t�e t:innea�,olis Trihune, ?JOVember 9, 1�J75, p 4A, The roport titled ��Effects of Chronic Exposure to Low.-Level Pollutantr, in the Enttironment," was Drcpared by tJ-,e Llbrar,y of Con�esa�s Con!�essiorml Resenrch Serrice for the House subcorazittee on the emironrent and �he etmosrnere, Ttco rPport lists varioue nubstancec contributinr, to pollution an3 health problems, tioat enter the vater end.eir throu� induatria]. procesees, Other toxic c+aterinls include carbon monoxide and hydrocarbons produced by combustfon ont�.nes, Thc report se:;��, ��The coststo societ.y of diaease� linl:ed to emironmcntal nollution. ►ihilc difficult to pin dor.�n, are starr,erin� " Once the runways have been established end i�e Jet traffic fnerease3, it u311 be jtL,t a r�tter of tir.ie e.Rsen the Atetrogollten Airports Cort�mi5sion vt12 request for ex;�ansion into the Han Latce site, the other site that vas adoPted in the 'air;erts ay�-ten pian' on �er�er 15, 2972, Ae recent ee +Jte election cla��, yovenber 7, 197C ktinneanolin S§nr headlines on pe�e SA reed, „A new E13rport? It'a not needed now, say plcinners" 'Aith the 9000 runways thet have ��-- tteen anproved nt the Anok� County Airnort and the FederEl Fundino in proces3, when the northern neir�bprs he�r the firrt e£fecta of the earcirum-ghatterin^ � jet air�lanes overhend, the ldetropolitan AfrPOrts'Camnis^ion nn!1 the b'etro- po2itan Council wi12 be snvtnn, "Oh those i3-7d7�s, nC-10's tmd the F,1011 ttre only landinr at the old Kar.. Lake aite. Me'll hnve to cfiange the �role� of the airport in ois Referral Guicie!" I hAVe a fnap that shod�a n Tror,osed drainaRe dltch tYrom the Ham l.aVe site to the 5'is:�iasi,:pi Dwn aitd. The ditch is enrsoximately 10 miles lon�, 320 fcet �ide an� uP- to 40 feet deeP, The same mnn ahowr the holc!in� patterns for the Aneka Counr,y Airport and the Han Lake Fite, ThA ten-nile holdin� patterns F--� fiir apace ovarlsrs with the ten-r.iile radius hoiding patterri at Internstional over ' a very 3encilt� populated area of the cit�, If there +ucle e ntackvn dvrin� realc �. ne^iod flyin!� into both airporta it could be catastrophic: In e report of the Referral Committee of the f,tet-roPOlitan Council to their taemt+ers, dated Arril ?3� 1909, Subject;ASAC NPronpsed Airr?ort Syssten Plan, 1370-19F30� and Fin�inra, Conclusions anA prder." Tha report on the Htcm La;ce oite sayn, �4s�' aummarize, it is the fee2inr.of the aiajoritv membere of the Referral Cor,mittee "'-' that there are enou�+}� eerious doubts about abuairenmoiee, aA,jacent land development, rntor table und aquifer recharqe ftmction to rcquest that the Metropolitan Airparta Cor,imission ezunine all availdble site poter�tials�,eo as to find a location which best meeta nil of the crlteria as oatablished h,y our l�evelooment Guide Convnittee.^ Idinnoapolis Star� Au�ust 27, 19F,9 P 29B� �The Council earlier this year turnod clown a plan for n new airport at Ham Iake in Anoka County because of eueh questions es the possible adverse effec� on tfi a noarby Carloa Avcry Game Farm and the unr3ert}�oim i water table there which supplios urater to the netropolitan aroa," St, Vaul nis,^atch, June 10, 19c,J,pROBLSD9� T00 IIIG FOR fWC, "Conservation , � � F'n�!e ? Zmpact on vater tmd tho Carlor, Avery Rane Farri 3 GG 1�e�T3rtment officinlz� inclu�iin� ner?vt,• Cormistaioner Robert Norbct, ex}:resr.e�'. oprosition to the !Sar., Latce Qito becauae of thc �lan�er of lovrerir.r t}�c water tnb�e, Altnou�tlnnsen claimed thst the �'AC doe»n�t nlan to lovrer the �atcr tnble, hr. was unat�le to produce evidonce to satisfy Conoervatfon �epartnent a�ficial.^, that r.uch a lo�%erinc; �vould not teke pl[3ce." "iierliat �ointed out thai therc is no kcwwn �+ublieho�! inforn3tion on t'�o �ound water levels mithin ti�e pro��ose�3 airrort site an�7 that an:r lo+;erin,^, o` water level� on �he Carlos Avery Game Refur.e Ftarshes, adiacent to the uirrbrt �lte. vrould be �inastrous to k�terfo��+l anei aninalc there,�' i7us Pederal Av3atlon Aa..oncy�s hulletin 9IIi') 1iAZARt?6 TO AVIATIO'!, r.k^'.:e.^, opr;� atsict recor.uaendAtions on what to �90 with neeaa ti.�!:ich attract birdrs ne�r air?+orts. Such areas '�houl<7 te eli:�inatec3 fron tho nirf?ort vlcinity b}� nuriici;:al �re:,s�me ara3 influence; by ralocation; ar b}� �r�inin;±, levelinr and surfncin^ with naterinls tur�ttractivo to oird life. such as rxavel." An article in the Sun , July 15, 197U mal;es clair.i that� �Lfi?i?� �:'^ ;:z;;j?S r�p PiOT !:L", ".^,itizen's Coo: dinatin3 Councii fo^ Carloa Aver;,�' was forne?, r,rC,; is clai�inr, over �D,C00 !�+er+t�er� throur�i relatc�ci or.^.a:._zations t?�at liave announeer.7 t�eir su-rwrt of its hoals, r�ainl;, con3ervationists. The jotrort'R thraat to Carlo, Avery involve.� a direct conflict of purpo :e in the use oi' both land and a3r. Tite inco^,:atit>ility of rrildlife ares� and jotports are rtranaticalS;; ,:rovon in thc £i^ht ove^ an rver,.aaade �et_,ort, 1'�ther:�ore, the pro:>len:, involved e�ith birds An3 aircraft �harin^ the st�r..e ai^s:K�ce havc been knovm for many years. •^he on7.y reul so3.ution hass been t.o elic:inate �tie bir�Is," ;�a�-June, 13��, Conaervation Voluntee^ �'FArew.eil to Carlo.^, Aver�, "Sor.,E 1,5 '7�I].1011 i+:�I7 City ;.:ro-�ert;: o=mer� heve evi..^'.entlf determir.e.'. tha� t!ie�� wiZ2 "or.eit tfleir t�ol4im�:: in m ver;,� larr.e chun': of real eatate, T:ti^� ;dree of rer31 e:�ta.+.e is the ?2')00 acre Cnrlo,^, kver•� '.�'i181ife ?La.na�ement A.^ea. Tiie C„rloa ,Aver;� ,roi;crt;• ormed b�- ':innesotn citizen:; fs es�entiall;: an oasis o; onen s;x3ce. It is � haven for Lateriowl, dee^, birctli:e, of beavar, min: and mus,crat," The article i*.oe� on to sa,y, ���raina�e �sill �1ao have re;�ercu3�iona u�:icn concerh ever;� i'`�3n Citian, becausc the mar::ier, an� ew�;�c; of slam Lake-:arlo, Avea�+ .'lrce �erve a� a vital aoisce of rechciz��e to the under�-roum:l aquifera of t?�e rietro;blitan area, Draina�-e coulc, have r.wst etitical renerca3sion, urhere r.�e`.ro;�oli-��.n water supplies are. concerne;l." . ":�ere ic a;x>llution to fi;�t wii;� thc �nne ener�v we s'�oul=.', be ex; er.'in • a;�ainat iwt;i air :tnd water poll;rtion...Once t,leasnnt areas of northern Vir� in:,. hmve becone doafenin� na<ihouse:, becauwe oS an uncalZoci-Tor increase in traf�'ic an�i the u,e o: tt�c �naller ,jet� at �.a;hin�*ton ;;ationai Air�ort." Ap:il 3, 1970� Out loor Ne�:".> b'J +C1t :3eZ�aj7� "The i3AC ma� have :'.eci.�er' to �,^,ut" Carlo.^, Avery b-r th� i:ine t;�is is *rinte•:. 'r'AC, a purelv humkzn bo:'.;� wiihout devine �?uir',nncc, can an<I i� na'cins; a nista::c iahe� it ;;roni�e� tfiat this feat c�n :,e achieve i:+it`�out dicru .tin�� t��e Carlos Avery ecosp�tem. Promi�e � Pro;ii ,e: ?ut the fact i�, that no one rind r�ol�o�iy '-:nowa wiMiout question ttiat arcnt irre;,arable dcina:.:e uill not Ue clone." �� - _.. ^eptenber ^]� 1�;�, ,: nrioaota Con�crvr.tion ConmS:,aioner, Jarle Leir;:allon bRYa air;rort at llan L�n� vro:il.3 deutro�• tne CArlo� Avcr;= 1�'ildlife Area. ?ocen:�er ', 1�70, '?innelnoliv ^rihune (an editorial in �he i;es: ;or;: ;ines } Ni9ore hlo:v� to conoervation= talter .I, !;icl;el, ^ecretar;, of Interior an:'. )ii . ar.sist:3ni;, .^,r. Leclie^ln9�o�a fire:i b;; Precident t�tixon, Aecemhcr �. 1�'70 i:innenpolis Tribune (�;an [,aise letter defended by itio:iar�: Rleec.an. a t•!ashin^,ton, !?,Cy corrns �on•icn�) ^hia ar�icl� io in referqpce to t.�c reccnt fi.^inn of l:alter ,?, i;ic,cel, forner f,ecretar;,•• of Interior. '�On oustec� asnistant �ecretzry o^ t�1c Snterior nsintaine�; ^a��zr�t1; th�t hie letter o�;�o^in? tiu 'Iar I.�S:r. r.i8e for a:low i�,rin Citia^ .^.otro;olii:an Airror� was neithor w-viuti�ori.^..c�? nor unuzull, '�ni-, �ir, I,c�lie r ... � 3 HN �' Pac;e 3 Imonce on.water and the Carlos Avery Cume i�'art� L, Claa�ov oonddAdd fhat tho letter� rritten October p� 1970 to Repreeentativn Ju�agh itarth� (D-'!n.) quite poasible cou1P. have contributed to hia bein;; fired by the 44hite Aouse." Tho article p,oes on to any, MGlasf;o�, 5G, said he never haa bean t*tven nny rsasson ior hia fL^in,, which came toat day� ai'ber President Nixon diemiano�l his boss, Interior Secretary walter J, fiici:el,^ Further the nrticle atates, °The Interior De�rtsent hcsd to oppose Fiam Ln1ce even before tha atill incomplete environmental etu�v, Clas;±ow explained, cv�til we found out what settlenent was reached. The Fiam Lakc site mifht becone accoptable, he explained, should the 23000 acre Wildlife refu�ye be replaccd by other land of auitable quality. But Lhere�s n unit o£ land itiat extencia Par beyond Carlos AverY����Glae�*ow eaid, MIt�s a natural unit thnt ahou2A �-- be Urotacted, That�s extremely valuable land and likely coutdn't be rerlaced." al.aeaeow anid the federal government hsa well wcr a million dollars imreated in �at +rilc37.ife area, I xanted to protect the federel Snterest." „Conservationiats oppoecinr tho Han Lq'r.e site in Anolea Coimty say the wilc]].ffe retupe 13 within fifty milos of 1,5 million y+eople." �71e+ ?'oterson�s OU1'DOpTt idF.'�S pupe 3, Friduy 7ir�r�9 *��1970, L�ditorial, "�,��'�s f?emm�d an Znvectir-,ntior�of 'is� Lake;�� ^De�piza .`�e testir�on�tr oi' the Conservation Departnent hydroloRicts, profensionel v'.dlife u�anar,ers nnd the opposition o£ virt�ll.y cveryone livinF in the i�ae3iate area, the t;AC seems determined to imhoae ite will on bo�i the public nnd the er�vironmatst,^ "Tf:e onl,� oeoj;le vho want the Ffam Lal:e e1tC are thoae sdmitted landowners who are apeculatin^ on bponin^ val�os in �c s�rnmolando �„and ihe p*J,C,^ m have ahere� eo�,e of the bac�:�otmd hictor� on the battle to t�e�e�Yee Carloe �Aver;.- Gmne Fa_�r,;, t:*,-�at guorantee will the F!etropolitan Coimcil and the Metrozmlitan Aircx3rts Coneaiasion furni�h thut v12I F,rove beyon3 a dou6t thmt the runway expaae3on at Ano'�ca County �cill rwt bQ ilxrther expanded into the iSan LnSce site. alonr, vith atiat cmoof do they have thab the expansion Will not adversel,y effect the rechar�e eree and our wa.ter suprl� . 14�e :ieLronolitan area is t cttins: two-thir� of its watcr i�on tt�e fa�ound watar �AT'�ly; can �hc artesian bar,in �ich providoe L'�at maCer meet the increased demand of the ponulation7 ` t?ill the f.Secissippi River, durinr, dr,y veather florr� eatiefy tk,e ever-increasin� �� damands of the pro�eseive fg�owth of the Wetro esrea7 k'hat are the dan�ers of the basin hainr dry? t.4tiat ara Che riles end responsiAilitios of the private eector in vrater quality 8nd marklcBr.�ent? �""' lfiat a311 the imnact be oS thes expenaion ot the rurnaqys oa tho water quality in " thiR areaT Wha*_ will the ctrainnr,e do thet mi1S be necesr�ar}� aith the eirport expanaion? t�lhat are thc priwary stepa necesaary to deter�nlne the extent of the nre�e eubsurface weter aup�2ies? what will the added �+x�wth in ponulation do in re�rdo to Aenpit� and der.iand of pur water rago�aco�? " Arc the prasent laxs snd nllxation rroprams barriers to resolution of vater- '— related conriicts? I �s�e 13ze 'dn/:�07' Plan W halt the ex;xtncion imtil ell tha Queatione reo,ardinr the rrater reahar� area and drnininn of Carlos Avary Qeme Farm be answ�ered, i . _ .� »or�r 3 II v I am here to exprenn �nr concern for tha tranaportat�on plan� •„�clfically the asc+scts of the Aevelo�xaent pnbtarn L�+et io bcin:± lnriicated rery vnr,ucly thr��,�� Ehe traneportetion plsn 4n rerar•M bo tho Northtevm Corri:fo,r en•! tho exnannion of Lhe run�+a„r,s af �e /�y„a Countr-�:lnine Air,ort. The obacvre� aordin� o.° thn trane�ortntion ,rinr� lu e heinou� error ttint tho intention of the S�.o;;ort�e�t a£ 1Y�nnoportntion la n 2ar�o ricc�ie� r,a„�ive alt�ration of' thc "�tro;,olitnn orcaj shlf'tin^ intennive lnn9.ume pnttcrnin� r.vctx eo Lt,c r.c2jor air;ort an�; fY�eaw�ul. nvat�m to 13te north. Ha1Ae !a thc prir�e hacis for the NFFr. � ax,�,�.; �;� ���•g at p.not;m Coim±�• tv sezw Jet traffic acccrrdin^ to tha tawrwrignts of a Pm,1o^ nir;�ox�t in Ano;ca Count�• �;, 19 indioatod in nux�orpus noe�py„�• q=•tialec thc�t T will aheu�e �itt� you, . The cr.rxansion of the rumra}�s at Amkn C��tv_�laine Rirport to 90'YJ fee*_ ties in a3t'� L'�e ,rohi�e t`�at the taetrocoli'tan Air;,o�rt� Comisoion an�l ti;e NGtro;+alitan Council �aut�m to thc reairlents livin� r�r int�natiorfal. AirF�rt Lhat tt���• e,oul�t move the �et3 to �o ne:c air,�ort. To �uota n iew of the articlee that expreea *�e nea•7 to s+ove the nof�e nwa�• tl�p� InternaCion:l: ?iS!'iRP:l".O�.SA 5��� 7,/2.^,/7�� nCluruc-: etaid ho i� ver:' une�r.�; a'+out tho xietrpopll�en Council T,olicio� �ic� cull for ths ncsw airaort tp b� {�e sinr,lc t?ajvr - air.•n.»t for com!aercial aircrnft here for tha next 3���+1n y��.�� �A r��.il Sattsr�.• rea°firmec3 its trrevi�ua nosLtio!� �hat mhnn Liie r�,� airtsort is orxna�:, pernr���s nt�ut 19';p� � m�rciel ��aFt anou2 i Ix� sbvc�l frw; k;innea��oli;�..^,t. i*aui IntArn�tlonal bACau.,a of er.ca�aive nai�c for nei^�,t,erin^ harwa,^���RClur��; ea;f tLAr. can not clo�e Intornntional to co.�amercinl tru_`fic �fien a new aL+^rwrt ia o;�etie:;. Counr,il c�sr:';�r Geor<:e '.. i-ennoc:c� Ct�air:n¢n of thc ilsC-r;e�tronolitan Cou�ci2 Co «�Stt�se� recel2A•?� ho�ave�� that i;AC has on aeveral. occaQion� a�i : it anul<; �aovc �ixtc�r.��� ti'::J.e� 'aircraft 6Lt� of Int.er�v'.:ion.sl i�.o A T}ek Q�^C,OT'�•������(�jU.TM.a1Ci: II{i{+,i t?1.1� Internr:f:inr,sl coul�'. A�l'V8 c�orae:etic aircr€�ft• aiiem m �ow Alrqort is nuilt. ;�e envinione i r.s�� n£�,; g�r nri: as nn lpternationril one aexwin; tra�',`ic t�etw�en 7.brth Ablttntic Countries um? tliQ ;<irtue��t - fl;�inr tie routo aver the� ?•;or`,�r }�Q�n • "tinnaa-olis _,t:s. Au�;uat ^7r 1�<?� ;,a�• "')a� „Air;:ort Arnv R�*_r_d '??,e!:t.o :ra:. Noiaa��, NAircra3't aoise at "irsnea,-olis-,t. ;�aul ZnL•csrnational Air;4rt i� creatir.� a t#�otta foi' e quarter af q oillfon z,�cs�ke livin�; in t;io ne�r�v kr�'� JA,:,�•; G.� 'ict- 2and� 3r. P.es�ro,�o2it.3r� Council cfa�:irnan� sai�? 'iliea��qv,a MAir traffic has Lo be r,,ovQC? fron there txcev�e �he �•;uq],it5� o` I4fn� i� L�einA deatroye.9 for these neoF:le br �rsoice aollution' nro�� ic� uircr�ft, ?�e *el., r,,� O�ti�:ist C1uS of ►;irmea��2is,��..: :tetianc; are�'ic'ta•� t�ie fY�e ;ur��c_:• o: r,ircrc.^t noi�e MSll increasa fois tirruls ��„hia 'kie nast',: ten ,r-eere �iM. the er;�cecte�': ox;enr,ioz in YOlttraCl.n As a resident of Fri�tloy. 2 aa �oc;:e� }„o t!;ici; t2��t the ttetro;ali�,;n Council and 'the 4ehro;�olitan Air;wrtg Co:s�isaior. t'iinc t�at tt;e;• can r,oiv� tt+e noi�� ^�ro'.�le.�a b�� movin.� the rwi�e fror., one rxirt or tt�e cit;• to �T�e o�r^; Tho rR7irentn in t`�c northern coacunitie; eurroun•?in�•, Arwk� Count�--'.laine Air;ort [sro bno;: � thc �n� IsroLler theY ha�: ':ac': in l�t , kfie7 t'.:e YAC fir>�t ;�ro;,one:? tQ �uil' n��rl�' 1c�trort on L.tia± site( ��uc to the overwt:eL�iz� o;,�ositlan oi t!�� ;x;o�1�, t'�e ^u�,C a�!t�-�-e�.- their Plnnc anc: x,ro;osad t?�o t?an �;c sfte, s�itc �hat e�t��sren rtn ovcrlaarin- i�or-'.er, If one site is �c ,uire:' tlic :'�,C autoc+atic�Il>> hne ete�er�q t� �� p�yPr vit�, F:1iL'1CA1JC�iSi3 .`:�q: �.TAiIU..^_: j'?� Z37:?� °��cn.i�,iA ���• �I`S.r••c; tI•• P�OJ`thHCi:�: ViCC�— fxe:�i�lent, sai•: he is s:;e;,ticnl ttiat ne•:� technolo��� c+ill prorltu,e <;uiet ai^craft thwt- are eoonor..ic311:• fca^i'�le ft� ti�e n��r ;n y�Q�� or lon�or,„„�Kttorthcroct lm�t about to move to a ne•r nir;qrt an� 2eave itc nrofit�rle �toneaf.ic hu�ino3^ rs�x��: ye kinneu,olfa-to-Chicsro :7.i�iits to ita oom�etitor� 1.iort'� Centrnl.^...'�^�•qn Citi�.^. area doeR rwt nec�:� nor can it su;•,�o:-t t�cp e�j�^ Mir;orts tv�til �:rll, r.n:st Lhe yenr ?(YJ��� he said." ..,��c;ri,,,� �ai<� ^2u�c;;�s vision of an internntlor:a2 air,ro,-t hero ia not � -• 3 JJ • ' paPe a. ►�or.� ranlictic� end hs notod tfiat t3�ere rox are pnly ebput Sp fmnsen�ra � dav at Inbcx�nntional makia; forei � tri�. Chica�o �n�t Ict y�u ta!;c it (Inter:�ationsl wir trefflc for thio rertion) pvu�; PY�on then�� he e�id." 141nnea-,olia Ster� ;'sp},Q�;,ar 13� 197;,� NInCornntionnl proU.�bly will roac5 oapsclt•r and n nev ��or alrport xill be nee�bd !n the lattcr nart of thc 1�R0�3 tl{� council asirl. ,*,t,� •„he net� air;?ort ehoul�: i� thc a!n^le mn�or air,wrz for the nezt 3a oa' 4� Yerar=,� thon, and International, iF ret�inrd e}�ou1:1 ?,c uaQ�1 only- to: of?ernt�ona �com�tible rltti itrz environs{� ecai�? �ie ?�.�Lro;x�Eitan Coemcil," St. Paul rioneer �re�n«. Ffzy 7� 1�r,F� Rinec wo nre 9lecu�nin.^, tha nnme eita anG reo:�-a;;hic area t!;i� cu�ticle ra�+ainrs r�ertinant: MIav�sn t7, e'iller..the eoousticAl on;-inoar hire�l hy the ttAC �n it:� aearah for nn airPort site� aai� he �i+oul�'• atron-l:• es^e ar.�ufsitS.on of even raorA lan3 �hcen now rroc+o�e�' fo^ t!iiw aittt to ;xrovi•�a a noise .huffer mrx�. °te note��S that r:oraonss livin�• in ti;r plide pntha of thia air;ort aoul�` be ex;�ae•3 ta tfiQ rsviso of 3(YJ��? cbnsnercia2 �t move�entr+ a pear !fn the 1�;?O�s an�l 1�An�g��� :%t. fu�Q i'ionc�x i're^'3� .*•4t�t�ch 1-0� f9f"f� MAir:�brt Redeorch �'�.ator��' °iAOttropol3tan Council .r.e�n�wr Jose;3� A. tt�un of Gt, P4u1 asni<i� Z�.1 hate to ace ur, z�vtke 4 flociatwn baoed on i�morancn� eo aouid the 4-r�illion peo;:le a]io are ex��ecr,eci to 5e liain^, ir. the 'Cet:rorolit�n Ares b� year 2?^1; � -}Y�q,lib8 D.9 Gt. ?'A�!1 TYoneer T�rena C3ltorial,pL3fa !n the itOiletvor):a"� „Ten railes qv�c, (anl::' aix mile� frn; A�!��: ,^,ountti�-:slAin� Aire,ort) in Fri<71c>�. t9�e takeof^ noi,e level +rfll be 9'J :;eci'�els, t!�e saxe na inniAe n min�� factor.r. Tkee rac::et frcm icn:'in^ aircratt wKll bc onl,' 5 to 2� deci`tiel� t>eloa tie tsL:e•off r�1ae lavele in all theee emeac." . "In Lie ai�-rcr.-� a?:nn tF�. win�=r ars orr.n nn�l �ec:le ara mo�t viil.ner�:,1e `a noiac the j:revailin� tirin:'W in t��� °'a•in^ities tsrea ere 1}�on th� south es::3 eaut'�ea:;t, t:^,�en ++in<? s;�e:3r sre ^re�ter fi'ian si:t !cnots (r,�hic� tlie t:e�athcr *�iaeHU saud is 7� ;�nscont of the tiree !ic^n). .Set nirerr�^t ta'cA af.*' into tJ+e xind, i!iat rr..ens t!�r.+_ ro^'; su�er La::e-o.`fv waul : k�e over nuc'� henvil�� y�;:ul�te6 areus as ^l�ine, Lexin;�ton, C$rcle Pinea� 'oun�s Vleti•, }t.... i�ia��on„ sTrin^ I.s�:e �r°,c and Pri?.Ie;;." '.IL'� L'zc ,^ro^iv� Lo ri�' the reai�Srntc livin^. nvr.r Ir�crnetion:.! of t��e noi�e� tlse lon^-ran^c plsrv� on the �irn.rin� bosrcis; k�e oontracto tal:en c.�re of; �ie aF�, Iic�tian Tor 1'e :aral fun �a in �aocens � raost of thc� prc7.3ainary rr��,Sen.-, hnve Linen ttkan car3 of �; �Ze "etz`o;•olifxtn Cotnrfl nn�� tt�e tie�opoli�..:n Air^ort:, Cyz,:.lssion riY�rout in; ��t fro� �;e *n:��Iic, the rn.En i'*`ohie�� that rema3n, una :c�-oaaed ic t;ox are lhey ttoir;; to at�ract t??e Jetn � t+,e Armf:a Count,;..;;Iaina Afr;ort? ?�Snnea-oli� �tar , flovcnber 7, 14'i?ti p�at.. the ,To1nt Cw.vai�;oc of thti> ;'etronolitxtn Co�:ncil an-� ::s�-n;blitan Air:�orts Cor.rile��ton (`.A�) aino vote: to !rs^,1u9� Sn its reco::naen�latton �r c'�nn- 9tate.xn`�thet construr.�ion of t+is nex cajor ei^,-�er!: txe deigye•'. t�*.il thc TI?':^' ie, dr.nonn�-nte�:, That r,tt+';Pr,Hn` f16R the strflte�^� that the f:C/'.9� Co�i*tec is u:in^. to n�T� 1�'ii: their �a�� foot runvm��� �ev catt eoon e,staGlis`i t!ie t'LT.'' :or r,rorc ex��naion lnto the :ta«. S.n:;a site. �.he twice rejoc:.*.ed oite, Now t:i$'� C7C�' hAVC e1S�im�e�i tho Qrorr site xitT, tho c1Rir+n that �ha� �bn�t aooC a rscav air�ar`�. wpulc', a�,�frrtr rnt',ar stran-e if the-r �u•'•icaly �Sec1 ie t+�a: rte�� Ao rroea more ur�acn Sor flrtise �-rn4�:h and dovclo;nen'1 I�,'. 1lse 'xtrni�ion to aap�roac'� the t�ench �sn th�t 2 csn �n•�� �ou no3t si,c,riificant piec� of evic4enen of the xiAC a4osdn� their !n*t�n:zion to rn to nn ultinaie r�:rty of 3lKJO foet thir.h moui �3 L-r� a!�J�J0.7 eir;�ort SY�or, the e�txrt that iioul�t aecomao��ate aIl ty;�ea of aireraf�. The lon�ot rumm��• at I7Ccrr�tionll i^ on2;; 10�000 fast. {zrin^ tyc �n^ forwlr�l and point out tho rus:wn�� confY�-uration to the auc'Sanco.) hm ite�;.�rsr 2/2/7^� �t+r. Se�iler nsi�7� �i�uC tho roat ir.;;�e:-+,:anL• tc>eision wi21 �iFlYO tp :�Q t„'lq !t�tQ {Oi` thQ BiTUOL`t• Tt �'J !!Ot 9 r:Qft' �R:IUC• ncne;,`,cr i:11!+ 1i7�? i•nv��tion census :ahrn.•? an Sncran�e !n r�onvlation in tfie :u�rthern nNn ?��• ?'�r��^�� vhilo the wov';.hern a�etor increnne�f h�� only 130,x�J. Nort'•, ic �:".:e:�r ttin �x:oric n.^e p,oin�." ':r. Sai'.lcr ic owncr nnd rros.tAemt of t::itv�000ta �.ivcr Aviation� Inc.an avid au,�por�cr of tho tla.:. Lnke ettc. 3 KK " r � • ' �Paftc 3 !tOS�n;. To e�a it wuld seea x�ldiouloua bo �+ave 1l�e air� orti stolac tran nn arca rfiora H:o J1pl�US:tt�OT !a �ecren�+inr bp 8110C1A1` 8FlQ �+t+ere it haa txeen �u ovon tA 'rpve increnoed. An QrCicle �Airi�ort ttar.lr��s� nPS,Q�,1 �n tho :'>c,^.'tanber 1•:>, 1�%', lasue o!' �to*.��•or.:: t4,at cL�1c�Q that ornc:��'- +�ncbws� rattlinr croe'r.ar:;r MOUne3-out convcraationa� nr'c swt the onl: pro:'�lo�a peo�,le SSv1n� necex' air;�orta ooaplain �u!. 'n'�c:e nav Se �ha le.�ak buthoraorao efY'ects of �et rwino. The srticla aa.es� "Cors3tnnt axpoauz'e to the sroar �n�? x�}:inc of sircraft re, or� two acoustScsl es;xrts� rmY reproncnt n�aeriour> hazcard ��}t,h,M �.�M^osi atrSkln� +�.^ tho finain� '�.`�at ciscea of cirhosia of t?�e liver �1ue tp c�in:in� �ra I4� percent hi,�'her araon^ ti�on�e �ho iivo? near L.A. In�ornetiorisl. I,ues e1.�ificant incremsaa �'a slso rwCe�l for <Sgai.^ea fYrom hesrt d1a►_sse, stroke�� 1un� cancer. euici�ie en�'. avto acci:3ants. tdoiee-lnc:uceA atre��� ,�int ot��; �."°.� Culifornia inve�ti,;ator:s� can 1w�4 to mverYthfnr. SY-Pn h�?�ertension �o nuaffin? tbo rmny ^artinir.." «;7w team+e fir��iin^ec au�mort earlisr atu8len itt t,o3 An^ei¢$• �rent lritnin an�! Jn;•un aa!-,ic?: ta�covored a hi�*}�er incidencc of t�ir*'^ cfmfecta aa�? nervou!s M-csa!:�iorrns ar�oius^ ;boi:l� resir.in� near eir��ort run��ays. £ver�rorso S:now+� tt,a4 iou-e� lnte^�itber�t or continuous r+oise !n distur'.�inr�." sa;'; •,00chmn. .•.°T��'�in� e1GA in our stu.{�; cquld account for t� e i�re►nne in �rta1+_t;: ." In ar arCiclr, ir. the A�rS(8!1 ^e"fcal Ars�sc>ci��ion Tae�s>, t3a� t'. i���^P=aise Pollirtion Calle•'. �sa!or ti�alt`� t�nv�x'`�~� "Loo��in^ et t�e ler�l aa->ectg or t�e imbbi� yp�(,+ 1�4!"(."T .Ci• F'O:C !T.� :"i�W11�:Rq Llril� !iAI`Dil1 F� �re•irickson� LLI?� F're�lric4son� �'3"�� . amd Co2hu^�, `•inrte�;�2±s."..."��'ech`icc�on a+ai:j the etrtan tioisc ro2lution t�'ohlec mue�t he atGacke=i on ehroa' Plflne, ��ith partioir�Lion fra� the 2oca1, �tate an-! fe3e;�s1 fe+vels." ^"he prohlc:r. of incrensin;: ur?7an }1DS$@�N he naid� ��us' t�e face•? not� .�+:e �uet reeva2�t� ott� ;�resent le^nl ntructure to wtercine �e e:':ec'� o.° m1�e on :a?;;•c�icel �d �seh�,^-1 t�e�lt?�. t'e �t have �e�enr coo»cr:stlon hotwe^n eovorn:aen:� �n•' Sn3ustry tp ,icvele•: control at�ndn.:drs. An�' t+i� ^ublic m.u�t br na� a+:ure L*:�Y. of£onr.ive noise can Gc con�olle:3 an� r�vnt be nn�ie an.�: enotEwh to c!o r.onat+�ir.^ �abou� it." . r,�g�� �i�re arc nucorow �c1�oo1� r•�i'�±in a t�� �iie ra�'i++r.- �',' t+�e Ar�!:a Co�mt��lain^ �;r:� nn? tt�e xonin.^. aroim•: �+e .Rir;�o±^b �es relrxe� �usSn- thc lr�s� ]e°f ,lntivt� seaeion� I rroul:' 11!*.c tn fntro�luce into khe recoz"' a re±'oY`•% to ±,^ r"n'? on ?Fni^n r.��t C`�il.�irent A rRVie�� of liY,er,^t�e, h,v John ti. &?i12r.� 1Mediral '�o:mrtr�ent, Univer�it�- of Sout'� Ca_rolin+r C`��rlestow"•z, :�.�, '��ia <}ocursent iw a reviow of infor+��iion �?�ich c;aals cilrec�l.� e3�� �he ei'.'ec'. of nois� on ehiL�ren. Airart planners '�i>^;!e�t {�ro:�len in bu11:71n� air'+orY�+ in TX?I�?'. "_?'e .Tet mimg has bo be ato,•!?e� at thn eoirce. 2he t:fetro�olitnn Airrortn Co-�irsaion in a cinnlo- pur;.os. arenr,, wlio�e oolo ;+LSPO�c i� te consaroct eSrr�rts. It ap„eare that �Me ;ietro?,olftan Counci?'� recent ro2e has braa m+*�cl;• to r�ab!xr-ct'or"' t�+a f'o�fc3.e�: of the i{A.^. A�SC�` ti7v+ Outro''.r.�' 1n t.OE7ix`��9 co:+-1Cx AOC1Ct:t� T!t0 riO101, :COble�! to121 h�vC tA bC solve�l �forc ii�e t?e�ranolitan Air;�o^tt� Co�3se1on1an1nC�o�'t�hn� ��rnctnitlosi,lgrts tn inilict tl�is he+slth hna�srd of TID�AP oh the Feo:• 513e =1n/� 0? ?Ian muat halt canstzvct4on of r�skuyr. �n^� txan a12 future �nstri�etion at tlie pnd.;a Coimt�-%lainn Air:ort until the noiae �rot�le-+c ars aolve^. N; thc alrcY'eft in<9uestr� enc'• air;:�ort Planntira! I roeo�-�r:,i t2�at the Tkn/�ot rlen o;�sx+se the exr�anaio.^. oS the runl+�e��:� a` th� Ano`a Count,y-^lalne Airrort. Incst�w-' of the an/�0" Plnn :+7.ocin� 3o muc`: emsi,asic on tho role of atr tranarortation in tl�e ��:r���olltnn sreR, o�h^^ r�o�9o� of grotmci tran�;�rtation �hould he ex�lora :� not r�eceeaaril;' Siie t�hto�-i Corridor. t.'�e �pun.! trans;+ostation syetem foc thr jet,wrt Lhat is beinr }�ln�d nt tlia Arwkn Ca�usty- ilainc Air;�ort. Lee Ann Cs�orro 2] � Nt: Irorston f'ri�tlo;a� t+•innesot�: 5�:�� I�l C� ' �ti YARRS d� RECREATION COt4iISSION MEETING NOVEM�ER 27 1978 _ pp� 7 llr. Bwdreau stated the Department vas trying its best Co work up an on- goiag program with the Universitq so they could, more nr lees, depend on having an intera assigned to them each quarter. The University could not -psamise this, though. He stated he had beea pleased with both the interns tLe_Department had had so far. $. -�FEW BIISINESS • ,�. 3leeting Scheduled for Next Year 3fr. Peterson stated that he vould like the Co�issian memb'ers to consider- ,� :going to an every other month meeting type of arrangement in 1979. He -�vas snre the same amount of work could be accc�plished and, according to �.ts Charter, the Co�ission needed oaly to meet six times' a year. �Sr. Bwdreau stated that maay times, they had to scrape to get enough 'together for the monthly agenda. The Commission had the capability of talli.ng a special meeting wnenever it was necessarg. He felt it r�aas a good idea, It would help staff as they were thinking of starting some °•aeighborhood meetings similar to what was done last year vith park improve- �eats. That would require a lot of staff time and evenings. '�fOTI01Q by Betty MQCh, secooded by Robin Suhrbier, that beginaing ia .Sauuarp 1979, the Comaission follow a six meetings a year type of �ule as follovs: ��. 15 1979 2larch �9 ,Jnly Sept. Biov. �iPCBV A 90ICE OOTE, ALL VOTING AYE, CH1 '�1IOH CARRIED UiiANITfOIISLY. �I.. ULD BIISII�ESS- . �. . �,. � . « . . �� y:i A. F.Y.S.A. - Cancellation of Little League Lease 34r. $oudreau stated that the Commission members had a capy of the formal ietter dated Nw�ber 27, 1978, from Gle� Van Hulzen to the City Council terminating the Fridlev Little League lease. Zn accozdance with ci[y legal counsel,since there vas no longer a Little League organization as a separate entity, there uas no longer a lease agreement and therefore it shoald be tenuinated. He stated that actioxt vas needed bv the C�ission to receive the letter and concur and send it on to City Council. i70'fION bp $obin Suhrbier, seconded by Leaaard Hoore, to receive the letter dated November 27, 1978, from Glenn Van HuLzen to t6e City Council requestin� that the Fridley Little League's present lease agreement between the City of Fridley and the Fridley I,ittle League be terminated. dTpon a voice vote, all wting aye, Chairperson Peterson declared the �otion carried uaanimously. : ' 3 LL �ARRS & RECREATZON COPIIQISSION MEETING NQVEMfSER 27 1978 - PAGE 8 � �, F.Y.S.A. - Fee Proposal for 1979 (Letter to Yarka 6 Recreation �Ca�ission from Glenn Van Hulzen dated November 27, 1978) � `�lr. Petereon stated that he had talked to Mr. Marvin Brunsell, City Clerk, :sbout the fee proposal and Mr. Brunsell had stated that if the Commission --adopted the proposal of charging a straight donation from the member srrganization, such as A.A.E. and F.Y.S.A., the money could he accepted, =deaignated and earmarked, held in trust, the city would invest it for us -�t interest, and we would receive that share of the interest. The money �would not have to be spent every year. �ls. Mech stated she was concerned whether the fee would always stay the �ame or would it increase with the cost of livingl �Mr.:$wdreau stated he had talked to Mr. Van Hulzen about this, and ilr, Van Hulzen had said that right now they were looking at $500 over what #hey gave the city last year (of course, some of that would be offset by .,3.ittle League participation), but at such a time as they found it to be a s3isadvantage to their Association or the city found it to be a disadvantage, �e could see no reason why the two could not sit down and readjust the �mount . �lr. Boudreau stated this was not a year-by-year agreement, but certainly ��endable at any poiut in time between the two. i3z. Boudreau stated that one advantage was this would eliminate the stigma af the "user's fee". Another advantage was that the money would go into a Eund and would eaxa interest, the interest would accumulate, and would ellow the city to improve some of its facilities on a routine basis or a 3arge facility. He could see no strong disadvantages. �IDTION by Betty Mech, seconded by Robin Suhrbier, to accept with concurrence Yhe F.Y.S.A.'s reconmmendation to abolish the present "user`s fee" and go awi.th contributing an annual fee earmarked annually for improvement and/or �evelopment of existing or new Fridley parks aad recreation facilities. IIpon a voice vote, all voting aye, Chairperson Peterson,declared the •motiou carried unanimously. C. 3.ions Club Request - Een�inQ of Moore Lake 2'&'. Boudreau stated that Mr. Mike Murphy of the Lions Club was present to request that the Commission consider the renaming of Moore Lake. He stated he would like to congratulate the Lions Club for putting on a dinner for both the Fridley Grace High School and the Fridley High School foo[ball teams that participated in the state, iSr. Murphy stated that the Fridley Lions Club was a coo�unity organization �nd was concerned about what happened around Fridley. He presented 3ir. Boudreau with a check for $1,200 for insurance for the bus they had helped obtain for the City of Fridley, 3 MM e I ll � I 3 NN -Pl1RKS � RECREATION COt�ItRSSION MEETING, NOVLMBE& 27 1978 - PAGE 9 I'• . � � � � . . � �lr. Hurphy stated that che Lions had picked Maore Lake for what they �hoped could hecome a lony, term project in the city. They had donated t�e �lag pole and the fountain that had been in the lake. He stated he was aot at the meeting to ask tha t the name be changed because they would like :that, but because they had developed some long range goals and bad plaris, .and vould Like, in conjunction vith the city, to fulfill those`¢goals: _Same of those goals were-- -Development of asphalt paths azound the park . ---Possibility of putting in an irrigatioa system -Shoreline imprwement along the lake I'urchase of new playground equipment •^:y��`-� �-£urchase of uew beach equipment -Purchase new lifeguard boat and lifeguard aquipment -�epair old walk bridge and put up another new bridge —Develop some co�unity involvement in developing flower garden in arra near ilag pole ,. -idould be willing to work on project in rejuvenating Moore Lake -�ir."Murphy stated they vould like to do these thin.gs and wauld like a little :�it of recognition for scme of the things they could do tfiere. They wauld :like to be identified in the comnunity with one specific major project. He stated they were asidng that Moore Lake Park be renamed Moore Lake =.%ious Park. � 3Ir. Boudreau stated he would concur that �or the future of parks aad recreation development with the tighteni.ng of funcis, etc., that Fridlep �as not aut of step or out o£ line with wnat other communities were " doing in naming :,ome of its nark areas after big contributors, not oaly �oney-wise, but with manpower, i3eas, and thoughts. The city had already �et precedence for it with the Jaycee's hocicey rink and the H.A.F. hockey 3ink. He staied that, per Co�ission request, it vas advertised ia the gaper that this item would be on the Ca�ission's agenda, and he had not �eard any objections. ?IO'TION by Robin Suhrbier, seconded by Leonard Moore, to rec�mend to �City Council that Moore Lake Park be renamed Moore Lake Lians Park. �poa a voice vote, all voting aye, Chairpersoa Feterson declared t}te aotion carried unanimously. !!r, Peterson tfianked Mr. Murphy for coming to the meeting. He stated that Mr. Boudreau would notify Mr. Mutphy whea this item would be oa tbe City Coimcil agenda. D. Discussion of Facilitv Fee Schedule for 1979 Hr. Boudreau stated that the C�ission had been given some material on �hat the City of Maplevood did as far as a fee schedule. He stated he � and Mr. Kirk had discussed this at Length and saould like the Co�issioa's guidance on vhat should they set a fee for if they were going'to have a facility use fee? Should they break it down into city-sponsored :groups with no user's fee, non-sponsored groups wtth a fee, and non- • residents with a fee? ' 3 00 � November 27, 1978 Fridley City Council: The Fridley Little League was formally accepted as a division of the Fridley Youth Sports Association on September 12, 1978. As a result of this action, the Fridley Little League is no longer a separate entity. Therefore, the Fridley Youth Sports Association is requesting a termination of the present lease agreement between the City of Fridley and the fridley Little League. , The FYSA agrees to turn over all improvements and maintenance equipment to the Park, Recreation and Natural Resource Department upon acceptance of the following items which are in keeping with present FYSA and Park, Recreation and Natural Resource agreements in all other sports. (1) Termination of present Little League and City agreement. (2) Little League 4l1�� schedule use of present fields with Park, Recreation and Natural Resource Department. (3) Park, Recreation and Natural Resource Department will maintain fields. (4) All present improvements on L-ittle League fields will become Park, Recreation and Natural Resource property. (5} Fridley Youth Sports Association will retain storage and concession rights in present concession stand and maintain the concession stand to meet accepted health requirements. (6) Continue this excellent working relationship between FYSA and fridley Park, Recreation and Natural Resource Department. Thank you. ���.-,.� �2� , Glenn Van Hulzen �/� FYSA President November 27, 1978 Fridley Parks and Recreation Commission: The Fridley Youth Sports Association is proposing the abolishment of the present "user's fee" which is assessed on a per participant basis. � As an alternative to this present system, the FYSA would agree to contribute $2500 annually earmarked for improvement and/or development of existing or new Fridley Parks and Recreation facilities. The allocation of these funds would be accomplished only upon mutual agreement of the FYSA and the Parks and Recreation Department. The proposed amount exceeds 1978's total user's fee by more than $500. The prospect of seeing the fee go directly to park facilities proves to be enough of an advantage to justify the additional cost to the FYSA. Thank you. , ��� ��� . Glenn Van Hulzen � ��'A' FYSA President � 3 PP FRIDLEY FRIDLEY, MINNE5�TA 55421 �'� �--� �==���-�`.�.,;`, ����,� c� � ��:�.� 13��.�Q:LL�:,�.;- , � � l � � � ?�,�,� �����-� �,�" ��•.� � '' �-�'�z�� ;ti� Yb�-cit-i,� �c=�t`;� �,-,� ��v�z`w�c�:.x-,Q � � ��-'�k � � -�-� « -�.����f.� �.Y� e��� �„��L�-�CX . �-e-� �--�-e;,�� .E-v�. - l�� � �--�vy.,,•.�.�l.U,,�. . .. ' � ���� �� G'1;`C'LJ 0- (���u-(,`C�. v� ✓�^'�t"s�t-^)� L{,.t��i�,,.�� �ti,--��� �� � r � k r.Z, O� D O � ` °— �C�-U-� . /.�„t Je �z�.s��' �,xt�,� .Gw� .�l-ti-� �� .G` �� � � ;(�� L�\C ' t��(� �/'�j (� �� � ,� �� �, w ''`L —C> _ —"r \ /�'—� c�'`�P_I�� '� r � . �-l� �� `' l� ,�i �-C�L—t��^t; � � ,� / (l � J _ W"0�� L—liti�:l.�t—t'XC�> i �c:� 71,E=�ti r�-i,�:✓i _��t—C'i.''� -�= ��?� � .,�����. c� , ,c, , ,. � , ��1�� �" �.� V�•� . m `�L�� ,�C�-�� �j ����-� . � ('`� ; '�cn�.`?�.,� �...�-�. .vi.` c�'�-'ti:zr.c_-N_e� . � . �� ` �-\�� e 1 � t7_NLL�L'v�:Q�✓'�� �/�:� . � ' )� ] ��;•r� ` J - �J F--K I!� �t_. Y � • 3 RR . �",� � 4��`l�(�'� �� i . : 9 ����. i ir�rr_t,.r�i��ior�,3i� ( `�I �?� `\�...f/'�lL ,�{ �� �I ='•_!�� 01._ -t ��(."� _„' > - • �NTCLLIGE:NCE ! :� �� I>��i�);^.� � jf �i�� � ��-�TIG:<9 ♦: :'L_N�� , . _. . -7T FRIDLEY, MINIJESOTA 55427 D�ar J�'s. &�udreau� July 13, 19?� The FY�idley Lions� at �heir June &�ard rzeetinv9 voLed nn3nimously to yrovide the Citiy of Fi-idley 4rith ti1�20v ior insurance of c:,e bus previously donated to ti�e Cour.ty of Anoka. ide hope �.lis �r! 11 be of � great beneiit to the rarrs and P.ecreat_on D:;nartn��nL an3 �he resld:,nts of `rY-idley. It is assured, of coi:r�e9 thet the F`!idley I: ons nyy have use of tne bus uoon pro�er no�iiication to tne I�ic'iey rz:Y.s and Recre- zi.ion D��^`�r..en�, lhe r`_�.dley Iaoivs have long been act�ve 'in comr.uni�y irr�o].ve;ierrE an3 have tal:en special pride in h�rr.in; closel;�� f�°ith tne ��r:�s an3 Rec- rea�icn D��, a: �i�er.to A s?ecial inte.est hzs becn �a?:en in �he cerelo�- nent �f };oore Ial;e °ark. Several Yrojects :.zce been =unde:i �' y'•-e Frid?ey Lions an3 we ant:cipat° Sun3i� furt.her projects at 1;oore Ial�e Pask. ITse to our lo:� te?�;n CO:^PL''�i.T°Ilt� the FY2dley Lions �:ou_ld reou2sT.. that the Parks and Recreation Co�,�ssion consider renur.�rg I.aore I.1:e :ar;; as I�ore ?aY.e I3or.s £ark. HesYect!'ully sub;�i � �ed, , . /i%%��`<'-fa"�����/� /��!�`%/� i �icnael J. I:ir::y �� i�idle,i I:ions� Sec^e�as;* �n CfiAftTER COMMISSION MEETING NOVErII3ER 21, 1978 CALL TO ORDIIt Chairperson Ash called the meeting to order at 7:40 P.M. 120LL CALL t•SEMBERS PRESENT: Clifford Ash, Elaine Knoff, Jackie Johnson, Ken Brennan, John Swanson, Charles Langer, David Berg, Jean Sche11 (arrived late), Arne Takkunen, Peter Treuenfels, Tim Breider, and Bob Pierce MEMBERS ABSENT: Jerry Ratcliff and Walt Starwalt OTHERS PRESENT: Nasim Qureshi, City Manager Mr. Ash stated the Coammission needed to approve the minutes of the �ast meeting dated Octaber 17, 1978. MOTION by Ms. Ynoff, seconded by Mr. Berg, to approve'the minutes of the last meeting of October 17, 1978. Upon a voice vote, all voting aye, the motion carried unanimously. Pir. Ash stated the ne�ct step would be election of officers for next year. He asked for any other nominations from the floor. There were none. t40TI0N by Mr. Brennan, seconded by Mr. Berg, that the secretary be instructed to cast the ballot for the candidates proposed by the Nominating Co�ittee. The new officers are Clifford Ash, Chairperson, Charles Langer, Vice Chairperson and ,Tean Schell, Secretary. 2. REVISIONS TO CODL�fIS�ION CH4RTER Mr. Ash stated it is actually the Charter Co�ission's Charter. We can now revise our own Charter. Mr. Ash stated the only rule we have had a problem with is a quorum. Mr. Swanson asked if the Commission could determine the quorwn. Pir. Ash stated we could determine that by ourselves. Sde have 15 members and our quorum is eight. He stated to change the quorum we would need a two-thirds vote. Mr. Pierce asked if the Commission could transact business if a quorum is not called for. Mr. Ash stated we never have. . Mr. Pierce s[ated it mi�ht be a good way to go on routine ma[ters. 4 PAGF. 2 CHARTER COMMISSION MTETING November 21 1978 MOTION by Mr. Swanson to change the quorum number to five. Mr. Berg seconded the motion. t4r. Ash ask'ed for discussion on the motion. Mr. Ash stated it gets discouraging when you do not have a quorum. If we had a quorum of five that might motivate people to participate. Mr. Brennan stated he would speak against the motion because of the provision of the democratic process. He stated he felt there was another way of doing it. He proposed we could change the requirement so it would allow the Commisson to conduct any 3tem on.the agenda unless there was an objection. Mr. Swanson stated you could have two people here and do all kinds of.things without having an objection. That would be dangerous. Mr. Berg stated he would like to offer an amendment to the motion changing the number of the quorum to seven. Mr. Ianger seconded the amendment. AMENDMENT TO MOTION to change the number of the quorum from five to seven members. Upon a voice vote, all voting aye, the amendment to motion carried unanimously. Mr. Ash stated we will now vote on the Motion of chang3ng the Charter rule on quorum number from eight to seven. Upon a vo�.ce vote, all voting aye, the motion carried unanimously. Mr. Ash asked for any reports from the new officers. There were none. Pir. Ash stated we invited the City Administration to come to the meeting tonight to co�nent on questions addressed to Mr. Qureshi in a letter from ?1r. Ash dated October 25, 1978, Mr. Langer asked before we go into that item, he had a question. Aow many members qualified do we have now. Mr. Ash stated fourteen, with one opening. Iie stated we had received two resumes from Bob Peterson and Carroll Hauge. AIr, Ash stated he had not submitted these names to the Judge yet. Mr. Pierce asked if the Commission would consider changing their meeting night. He stated he would like to serve on any other Tuesday night but the third. MOTION by Mr, Langer, seconded by Dis. Johnson, to change the Charter Commission`s meeting night from the third Tuesday of the month to the first Tuesday of the month. Upon a voice vote, all voting aye, the motion carried unanimously. 43 PAGE 3 � CiiARTER COMMISSION MEF.TING November 21 1978 Mr. Ash atated we have a number of openings coming up in January. We have one opening now and three in January for a total of four. MOTION by Mr. Swanson, seconded by Mr. Langer, to submit the request for the four openings in January. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Ash stated we should get more names to submit before January. 3. OLD BUSINESS None . 4. NEW BUSINESS None 5. OPEN DISCUSSION WITH CITY ADMINISTRATION 1. See letter dated October 25, 1978 to Nasim Qureshi, City Manager Mx. Ash thanked Mr, Qureshi for coming to the meeting... Mr. Qureshi stated he felt most of the questions posed in the letter • were policy matters. He stated his response would be more of a pro and con opinion to the questions. 1. Should the Mayor and/or Administration give a State-of-the City Message annually? Mr. QuYeshi stated there were pros and cons to this question. It would better inform the people in the community. But it would also cost money, although minimal. Potentially this could �e another medium avai3able to the parting power. 2. Ref. Section 2.07 - After setting their salaries, should the Council members stand for re-election before receiving an increase? Mr. Qureshi stated he was sure the Coummission was aware that the city budget was adopted before election time. The state statute eays you cannot pre-empt it, as long as the thing is adopted before the election. Only two out of five really stand for election and the other ones can do it a year later or two years later. Mr. Langer stated the precedent was broken by this Congress and by this Legislature. They raised their own pay while they were in office. Mr. Qureshi stated that could probably not happen in the City of Fridley. Mr. Langer stated some councilmen would be voting Eor a raise while he is in office. IIe asked Mr. Qureshi if the salaries of councilmen have been raised lately. Mr. Qureshi stated the salaries have been established for about six years. PAGE 4 CHARTER COMMISSION ML•ETING November 21 1978 � � Mr. Pierce stated the Charter could set a ceiling or set a limit of the amount of annual increase. Mr. IIreider stated if we are going to the down to the point of discussing official salaries within the city, we should at least attempt to establish a guideline in which they should work in raising their salaries. Mr. Ash stated he wanted to return to question lil. He asked Mr. Qureshi how he would feel if the City Manager.was to give the State-of-the-City message and not the Mayor. Mr. Qureshi stated he felt the Council is the policy-making body of the city. They set the direction. He stated he felt his position was adminstrative and the 2•fayor should represent the city in functions of that type. It should be the responsibility of the Mayor or the Council. 3. Should there be a li_mit on expenditures for opponents to a petition? Should they also file with the City if they organize themselves? Mr. Qureshi stated that would also be in the political area. There was an amendment made to the Charter limiting how much money people �re going to spend. ;dhere do you stop. If it is appropriate and within the legal authority to limit the expenditures of the petitioners� it would be probable you could do the same with the people who filed the petition. Mr. Pierce asked how could it be policed. Mr. Qureshi stated it was a difficult thing. 4. Should the City Manager serve totally at the pleasure of the City Council making the job political? Mr. Qureshi stated the role of the City Manager has to be totally accountable to the City Council. 5. Ref. Section 7.02 - Should there be a limit on the money spent in addition to the mill limitation? Something like limit dollar increases in the budget to the rate of inflation plus 1 or 2 percent. Mr. Qureshi stated that is a policy item also. There is already a levy limit in the City Charter. The mill levy has been changing. The State Legislature has provided high levels of exemptions by homesteads. Before 1976 it used to be the first 12,000. In 1977 they raised the limit to 13,000 at 25Y. In 1978 we have it at 15,000 at 22y, and the less at 36% and now in 1979, it is 20% - 17,000 and 33-1/3�. The same mill is actually raising less dollars because of the new evaluation formula. This year our mill rate is about 15 mills and our mill proposed for next year is 14.97. The increase on homes is going to be less than 1% even though you assume that the value of each home as increased 10%. Values are increasing. Even though your home has increased 15%, the maximum you can by law increase the evaluation on your home is 10%. Pa�e 5 CiIARTER CO1�Q4ISSION MEETING November 21 1978 So say your houae is worth $50,000 and next year $55,000 and we are 15 mills, there will be no increase basically'in your actual tax dollara. �e second limit which has been proposed by the State Legislature is a dollar limit. If you raised 100,000 last year through taxes, all you can raise it is 6% this year. If our population increased 1,000 we could only increase 6.7% amount of tax dollars for 1979. All we can do is increase our budget through local taxes 6%. Mr. Ash asked how long that had been in effect. Mr. Qureshi stated since 1973. The budget is composed of taxes raised by local taxes. Generally in the City of Fridley they have been running about iOY. That comes from local taxes. Other revenues come from licenses, fines, etc. Other elements are revenue sharing and state aid. Mr. Ash stated that the tax figures from 1973 to 1977 the general tax base was just over a million and now it is a bit under two million. The tax dollars have almost been 100%. Mr. Qureshi stated ihere was room to go up. There were a Iot of new programs mandated by the State like the tree disease control program, mandatory planning, etc, and they mandated these programs. Mr. Ash stated you are saying the State came in and said you will do these things and you will find the money to do it. Mr. Qureshi stated yes, and Chey stated they would not charge against the 6% limit that is provided. Mr. Brennan asked Mi. Qureshi if those state mandated exempted programs expire, will that money be reduced. 2•fr. Qureshi stated yes, unless the law changes. 6. Should there be a limit on the.n�ber of terms a person can serve on the Council? Mr. Qureshi stated they checked with the League of Cities to see if there were some communities who did limit the terms and no one does. 7. Should the Council increase in size now that Fridley is much larger than when the Charter was adopted. Ptr. Ash stated the Charter was adopted in 1957. We have increased quite a bit in size. Mr. Qureshi stated he felt the City of Fridley probably has one of the best set-ups. We have three wards, one at large and one Mayor. He stated Edina, with double the population of has five. Same with Richfield. s 4D e 4E pa e 6 CHARTFR COMMISSION M�rTING _ November 21. 1978 Mr. Pierce asked Mr. Qureshi if any communities have six governing bodies. �, Qureshi stated they usually have five or seven. Mr. Breider stated from the standpoint of population growth vs. number of councilmen, he did not feel it necessary to say that because the populatian grows you should have more councilpeople. He felt that most of the constitutes' complaints were of a variety of chuckholes in my street, storm sewers backing up, etc. Those services have to be provided by competent staff at the city level. That kind of thing doesn't get fixed by having more councllneople: 8. Should newly created Boards, Committees, etc. have a termina- tion date or is rejustification necessary for further existence? Mr. Ash asked how many new Boards are created per year or how often do they come up. �, Qureshi stated the city has different stages of growth. As the city grew more issues and problems came up. In 1973 and 1974 the administration had a n�ber of different Commissions and Boards that had to outlive their need. The recommendation was made and the Council limited the mmmber of Commissions and then added a few imore. If the Charter Commission feels there should be a provision where every so often they have to rejustify their position, there are some advantages. Again, that is a policy matter. ,�, Qureshi stated one of the things that was provided in this Commission structure under the Planning Commission was project co�ittees. :hese coimnittees would have a limited 1ife. There are a number of these such as bikeway-walkway cor,imittee, etc. i�. Ash asked if these were done by ordinance. Mr. Qureshistated the committees were not created by ordinance but an ordinance provides the mechanism for the committees. These Co�ttees make recommendations and then are phased out. P�. Pierce asked Mr. Quershi if it wouldn't he better if the Council approve these committees. �'• Qureshi stated you have different levels - first the P=oject Cq�uittee, then the Commission level, then the Planning Commission and finally the Council. The recort¢nendations of the Project Committee has to funnel through all of these before it finally gets to the Council. Mr, lsh asked if the Plannin� Commission could stop recommendations from the Project Convnittee to the Council. rir. �reshi stated no, but they can comment on it and give their recommendations to tl�e Council. 9. Can a uerson hold more than one elective office? 4F �e 7 r CHARTER COMMISSION 14EisTING t7ovember 21, 1978 Mr,Qureslii stated the rule is the requirement of conflict interest. There is no clear direction. Mr. Breider stated he felt it depends upon the city. Mr. Langer stated when we discussed this originally we were talking about a City Councilman running for the I.egislature or County Commissioner. Would he resign one to run for the other. Mr. Ash stated he would not have to resign to run its if he got elected. Could a first ward coyncilman run for Mayor� and hold both offices. The Charter doesn't say anything about that. Mr. Pierce stated he wondered if the Statute wouldn't cover that. 10. Should there be a fair campaign practices section? Mr. Qureshi stated it is an extremely difficult thing to control. Maybe you could ask your attorney for a legal opinioa. Mr. Ash stated we have had two inputs now on voting results and one thing would be to have an automatic recount on close elections. Mr. Brennan read a letter from the Fridley League of Women Voters. �(Attached to these minutes) Mr. Quresni stated the Council has an interest in this and has asked the Charter Commission to look at this. 11. Siiould the Charter have something on ethics of Council members and City Administration? Mr, Qureshi stated the Council is all for this. 12. Ref. Section 2.05 - Should there be a change on how vacancies of unexpired terms of Councilmen are filled. �, Qureshi stated previously it was an annointed office now it provides in the new charter that there has to be elections. A special election has to be held within 45 days and not more than 60 days from the time the vacancy was declared. Mr. Ash stated the Commission was pretty well informed on this. 1Ir. Ash asked if there were any more cotmnents or questions. Mr. Ash stated he had one more thing to bring up. If you need a clerk in the city that clerk can only be hired by the Council, is that true? Mr. Qureshi stated all appointments have tb be made by the Mayor and concurred by the City Council. Mr. Ash asked if he thou�lit it would be more efficient if that right was given to, the City Manager with say the exception of department heads and possibly assistant departnent heads would only be subject to council approval. 4G PaSe 8 CfiARTER COMMISSION MEPTING November 21 1978 T4r.Qureshi stated no. There really has been no problem in this area in the past. :4r. Ash stated it might be more efficient to have the Council take juat the key important jobs. Mr. Swanson stated where do you start and where do you stop. Mr. Ash asked if there were any other questions. Mr. Treuenfels stated regarding recount of close elections, if the League of Women Voters has done any research on this maybe they could share their findings with the Commission. Mr. Ash stated they would be invited to our January meeting. Mr. Ash asked if we should meet in December. I�TION by Mr, Breider, seconded by Mr. Langer, to not have a meeting in December. tipon a voice vote, all voting aye, the motion carried unanimously. The next meeting will be January 2, 1979. The Commission thanked Mr. Qureshi for attending the meeting and for his input. Zt was greatly appreciated by all. \ i•SOTION by Mr. Langer, seconded by Mr. Swanson, to adjourn the meeting. Upon a voice vote, all voting aye, the motion carried unanimously and the meeting adjourned at 9:45 P.?i. Respectfully submitted, !�-�� �°� Gayle ben Recording Secretary Attachment Fridley Leaoue of• Ylomen Voters (� �.� �•6716 7th St. NE Fridley, i•!n, 55432 Fridley Charter Commission Nov. 21, 19'l8 As you know, k�tct,� one of the tasks of the League of 'riomen Voters is to pro- mote Sair and efficient election procedures. The results of the recent council election in the first ward would in3icate that there is 'a fla:� in the efficiency of the process. �1 recount has been c�lled � to decide finally the results of a very close race, "r:e Seel that the current recount procedure� impose an unfair burden on both the "winaer" and ths unsucce;sful candidate wno challenges the results, Litigation is @xpansive and tins-consur.iin� £or th�: ir.dividuals involved. IL is yn utr.id�ayr;���;;� k'iliCil 12:�lilT'CS �ne la•,r,�er co "build a case"for re- count, To do tnis, he/she is required to bring ir.to question the validity of the eletion procdure an�Pt�e_i�nypority of harc-uorking elaction o£ficials. This seems to us a highly�,-�;L•cu.�F�tE-waya-�r to a positive conclusion. Y;e su�gest that this is a aituation Lo :•;hich the r:idley Charter Co.�:u*iission shoald address itself. An ordinance governing a,n automaiic recount i.� close elec�ions :�ould :,ee�a to be in order. Perhaps a percentage oS iota]_ votes cast or a finite quantity could b-� adopted as a criiericn for recount, lhis ::as baen done at the state lev�l and in othcr cities. An�uutomatic recount �:ould facilitate a smootner transition �n goverrunent, protecc tne i.nteg�ity of the elecieon proc:�s;, and ensure the oest possible clit:�te ior prospactive candidzte5. � 1Sa look forward to assisting you in any- �,ray Fossible in 'L=--3�:i-- yQSPar�h�hQ tti�5 �at�ey, Sincerely�, Patricia 3:ennen . Presiden: Fri.iley Leaoua of l�cmen Voters .� 5 CABL� TV PUBLIC HEARITIG ME�TIPIG January 9, 1979 CALL TO ORDER Chairperson Kaspszak called the neeting to order at 7:30 P.;4. MF.�iBERS PRESENT: Edward Kaspszak, Larry Chevalier, Harold Belgum, Carolynn Blanding and Burt Weaver MEMBERS ABSENT: OTHERS PRESENT: None Mayor Nee Councilman Schneider Councilman Hamernik Councilman Barnette Councilman Fitzpatrick Clyde t4oravetz Blake Balzart Greg Gerard, GTV Pam Anderson, GTV Douglas }tedin, Attorney Jim Erickson,Legal Counsel for Storer Jim Daniels, Northern Cablevision Sherry Blohn, State Cable Board Vicky Long, State Cable Board David Dubois, St. Paul Ken Brennan, Fridley Mark Scott, rridley John Eddy, Bloomington APPROVE CATV C0:�IISSION MItIUTES: P10VII�IBER 29 1978 MOTION by Mr. Chevalier to apnrove the minutes of November 29, 1978. Seconded by Mr. Weaver. tipon a voice vote, all voting aye the mot'ion carried unanimously. 1. PUBLIC HEARING: T2ANSFER OF O��TNERSHIP AND ORDINANCE AMENDMENTS A. The purpose of this Public Hearing is to receive comments on: 1. The proposed transfer of ownership within General Televisfon of Minnesota, Inc., and 2. The proposed amendments to the Cable Television Ordinance. MOTION by Mr. Belgum, seconded by Ms. Blanding, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The public hearing was ooened at 7:37 P.P1. Mr, Itaspszak stated Mr. fIedir. had written a suggested format for the public hearing and each Coffinission memUer had received one. This format will be used to conduct the hearing. Mr. Yaspszak stated the first item will be � proposal by Storer Broadcasting and then an open discussion from the Commission and audience. Mr. Erickson stated he was present to represent Northern Cablevision. He stated he had no formal presentation. He had received Mr. Hedin's suggested format and was ready to address the questions. He stated they had previously made several presentations as to what their interests are. He stated they have a legitmate business purpose in adquiring this franchise. Storer Broadcasting is not acquiring the franchise as a securities to trade. That has not been their history. 5� Fa�e 2 CABLE TV PUBLIC IIEARING MEETIt7G January 9 1979 Mr. irickson stated Mr. Daniels is presenC to relate to the Commission the status of other Mi.nnesota projects. fle stated they are ready to answer any questions the Commission or the audience may have. They had been advised of the general nature of the proposed ordinance amendments which have been discussed from time to time and they will provide in writing their comments with respect to those proposed amendments. :le stated they bought the franchise or moved acquire it with full knowledge of what was in the fr2nchise prior to any proposed amendments and obviously those franchise terms were acceptable to Storer. Mr. Kaspszak stated Mr. IIedin's format would be followed. The first item is: 1. Financial Ability. Will Storer Cable TV of Delaware, Inc., have the financial ability to operate, expand and improve the existing Fridley cable television system? Will Storer Broadcasting Company, the parent, guarantee the obligations of Storer Cable TV of Delaware, Inc., its wholly-ewned subsidiary, in this regard? Mr. Erickson stated they had previously provided to the Commission a copy of their financial statement for 1977 from Storer Broadcasting. As soon &s the 1978 one i� available the Co�nission will receive that. He stated Storer as made a commitment of at least $100 million for the acquisition and development of cable television in the years 1978, 1979 is sufficient testament for their financial ability to acquire this � system and operate it as it should be. General Te�evision is merging into a wholly-owned subsidiary oi Storer Broadcasting. They will have the option of taking stock or takinp, cash. He stated it is anticipated this will close sometime i.n February. He stated Storer stands behind and will fully fund as necessary the new operating entity. T•ir. Kaspszak stated maybe Mr. F.rickson should explain the legal gymnastics that this merger is going through. Mr. Erickson stated General Television, Inc. is a corporation which is going to merge into a new corporation which is known as Storer Cable TV of Delaware, Inc. Ae read a letter he had sent to Clyde Moravetz dated December 4, 1978 explaining the proposed merger. l�e stated General Television of Minnesota, Znc. is one of several operating subsidiaries of General Television, Inc. and they will leave the company and franchise operating in Fridley in General Television of Minnesota, Inc. There will be no change in that entity. It is the entity that owns General Television of Minnesota, Inc. that is General Television, Inc. which merge into Storer Cable TV of Delaware, Inc. Mr. :ioravetz stated in a letter dated December 20th from Mr. �rickson to PSr. l:asnszak he indicated that l�orthern Cablevision, Inc. will not operate or own the Fridley CaUle Television System. fTtiat is the relationship between Storer Cable TV of Delaware and Northern Cable- vision� Mr. �rickson stated all those subsidiaries will be wholly-owned subsidiaries of Storer Broadcasting Company, ilorthern Cablevision, Inc. is the wholly-uwned sabsidiary formed for the purpose of applying for franchises in the Southwest and Northwest Cable Service Territory. � Page 3 CABLE TV PUBLIC HEARING MEETING Januarv 9 1979 Tir. Erickson stated that is one wholly-o•aned subsidiary of Storer Broadcasting Comnany. The second wholly-owned subsidiary of Store will be General Television, Inc. and a third will be Northern Cablevision, Inc. of Minneapolis. Others may be formed. Mr. Kaspszak asked Mr. Erickson if he would supply the Commission with a financial statement of the Fridley system. Pir. Erickson stated whatever information we received from General Television as it presently operates they will provide. 2. Technical Abilit . Does Storer have the technical e}cpertise and background to operate, exnand and improve the existing Fridley cable television system? Mr. Erickson stated yes, Storer does have the technical e�cpertise. 3. Motivation for MerQer. lloes Storer have a bonda fide commercial reason or legitimate business motive for acquiring GTV? In the past, some municipal CATV franchises--St. I.ouis Park may be a case in point--iiave been acquired by a company, wfiich does not actively operate or improve it, but then later transfers it for profit. The ,� Commission should obtain an assurance from Storer that this will not happen in Fridley. Mr. Erickson stated he didn't believe they could give us that � assurance. He stated he felt that wasn't an appropriate question. He stated they were acquiring the franchise to construct and operate this franchise as well and profitably as they can. He stated he can give the Commission the assurance that they are not trafficing in the franchise. They intend to come in to spend money and provide service and make a profitable system. Mr. Kaspszak stated what we are looking for is some assurance that they are coming in to operate a system which will serve the city of Fridley residents and their needs and not coming in for purooses of corporate accounting for tax purposes. We want to be proud of this system. '9x'. Daniels stated it is their intent to make it operable. 4. Goad Character. Has Storer or its subsidiary been the subject of suits or disciplinary proceedings by state or federal CATV regulatory agencies or been the object of subscriber complaints in other municipalities? An inquiry into the "good character" of Storer is required by MCCC Regulation 132. Mr. �rickson stated their record stands for itself. As far as suits or disciplinary proceedings he is not aware of any. That question will be passed on to Storer at the national level. Mr. Kaspszak stated to Mr. Erickson that maybe he should summarize the answers to these questions and give them to the Council. 5C PaQe 4 CABL� TV PUBLIC E�ARING MEETING danuary 9, 1979 '4r. Belgum asked Mr. Erickson about the Decem6er.15 issue of the Minneapolis Star reFarding cable TV. If theze are 10 companies larger than Storer how is it going as far as competition goes. Mr. Lrickson stated he could speak only for Storer. They are the lOth largest MSO (Multiple System Operator) in the company in terms of subscribers. They have approximately 225,000 subscril�ers. Mr. Belgum asked Mr. �rickson if any of these were inter-locked�with newspapers, radio or television. `�. Erickson stated yes, Time, Inc. owns KTC which might be the third largest MSO in the country. A lot of MSO's are divisions of larger companies. 5. Compliance with Fridley Ordinance. Is Storer able and willing to comply with all terms of the esisting and amended City ordinanceY Does Storer object to any particular provision of the ordinance or have reservations about the legality of any provision of the ordinance? Mr. Erickson stated we reviewed the existing ordinance at the time we first entered into the agreement and we are willing and able to comply with those. 47e would like to be provided with a written copy of the proposed amendments and we will in turn provide our written comments. Mr. P.aspszak sYated he wanted to mention a particular instance that � just happened. A call was made to GTV asking them for an additional hook-up within the same household and they wanted to know what it would cost. ?�e were told $10 for the iastall.ation and $S.OD or $5.50 service per month. The ordinance states the charge will be $7.50 for every installation and $1.50 for service. This type of thing we want to get away from. Mr. Erickson stated they will abide by the terms of the ordinance. Mr. Gerard stated the particular instance in question includes paid television. ;iore than just basic. Mr. Raspszak stated we will need a clarification of that. G. Experience in Plinnesota and Elsewhere. .dhat has Storer`s experience been in Bloomington and St. iouis Park, ;iinnesota, after it acquired the franchises in those two cities? Tdhat has Storer's exnerience been in cable television in other municipaliites in other states? Mr. I:aspszak stated the City staff had contacted four other municipali- ties and had asked specific questions of them. He asked for Mr. Moravetz or Mr. Balzart to give a staff report. :fr. Balzart stated he had done a telephone survey of Storer's operation in Pratville, �labama, i�airfield, California, Arcadia, Florida and Ban6ridge, Georgia. Mr, llalzart asked them several questions as follows: Do present operations in your community indicaCe a strong financial backin� by Storer Broadcasting ComnanyY 5D Pap,e 5 CABL� TV PUBLIC HEARItdG MEETING Januarv 9 1979 What is Storer`s record of cooperation with your city? Do they abide by the franchise agreement? What problems, if any, have arisen iri the past? .Haye they participated in any fund raising? Does Storer Broadcasting provide local origination and programming? If riot, why not? If yes, is it what you desire? How could they improve? Also are there facilities for public access? Overall, do you ap�rove of the performance record of Storer Broadcasting in your couununity? Mr. Balzart stated he could give his own nersonal endorsement to Storer Broadcasting Comnany because of these interviews. It was unanimous in the four communities that Storer performed excellently in their cammunity. ihey have really had no problems. In one community, Fairfield, California, they had some rate increases but it was something that could be anticipated because of inflation. A snecial case in point was A.rcadia, rlorida. Prior to the acquisition by Storer, they were under another cable company and their services were very poor and had a lot of complaints. Sdhen Storer did acquire the franchise they made vast improvements and the complaints went down. Mr. i3oravetz stated in conjunction with that he had received'a report from Mr. Sorawl of Bloomington cahexe Storer had received outstanding scores from franchises in South Carolina, California, Plorida and � Alabama. Mr. i:aspszak asked Mr. Daniels to report on what has happened in Bloomington and St. Louis Park. Mr. Daniels stated they were proud of their success in Bloomington. Since they started their first marketing camnaign in October they have acquired 850 subscribers. 11Iso, when they acquired Bloomington it was about 2/3 complete and they have since entered into a contract to ��ld the first phase of the westward expansion in Bloomingtion. That is exnected to be complete in June. :1s far as St. i,ouis Park goes, there is quite a bit of preliminary work to be done. ;•le anticipate service in St. Louis Park some time in the summer. Mr. DuBois stated he would like to know about local programming in the co�unities interviewed. :fr. Balzart stated most conununities did not have local programming. �'ery few had very limited programming from the library. Mr. DuBois asked if they had public access. Mr. lialzart stated yes, they had the facilities but again it wasn't utilized too much. Most of them caere smaller communities and the people did not have much interest in it. ::r. Scott asked for more information about the marketing efforts Storer had: 5E Page 6 CABLE TV PUBLIC HEARING MEETING ,Tanuarv 9 1979 Mr. Scott also asked how many of the 850 jusY connected in Bloomington had dropped it. Mr. Daniels stated very few disconnects. t.egarding marketing he stated they use a number of different techniques depending upon what time of:the year it is. Right now they are working up a Valentine special. Mr. Scott asked if they gave discounts. Mr. Daniels stated yes. The first one they had was an introductory offer.The second promotion was geared around free turkeys, etc. He stated they always have a deal for people who call up cold. Mayor Nee stated he would be interested in learning more about local origination in Bloomington. Mr. Daniels stated they do about 30 hours pex week of local origination programming. The bulk of this through American Cable Network. It is syndicated programming. It is talk shows, etc. Mr. i:aspszak asked Mr. Daniels what kind of progra�ing they were airing now that is produced locally by local residents. Mr. llaniels stated they do in-studio nroduction but very little of „ that. It is kind of an up-hill battle. Its a hard thing to do. iSr. I:aspszak asked t•Sr. Daniels how many hours per week. :fr. Daniels stated less than one. He stated they do an affiliation with the Bloomington video center through the cable commission. ihat is a non-profit corporation that is set up by the City of Bloomingtion through the local cable commission. That operation is primarily to generate community interest tyoe programming. He stated Mr. John Eddy was present at the meeting. Mr, Eddy is the coordinator of this. Mr. ::aspszak asked how many hours do they provide. Mr. I:ddy stated four or five hours per week. Mr. Weaver asked Mr. Lddy to characterize the type of programming that is generated. "s. Eddy stated it is to encourage and support individuals and organizations in the community to produce programs about Bloomington. He stated the main function was to talk to groups and individuals about the potential of doing their own programming. Tae assist on the production of programming. iir. Kaspszak asked what this costs. '_ir. �ddy stated there was no charge. 5F Page 7 CABLE T� PUIiLIC HEARING ME�TING Januarv 9 1979 2'Ir. Eddy stated they enjoy a real comfortable relationship with Northern Cablevision. Mr. �rickson stated he did not know the regulatory requirements and the jurisdictions that were talked about in local origination prograzmning in Storer but only in Minnesota does a franchise say local origination has to be provided. That is not true nationwide. He stated he did not want the implication left that they had an obligation to provicle local access and were not doing so. A1r. Kaspszak stated we have to make a distinction between local access and local origination. 7. Other Topics. a. Benefit to Subscribers. Ilow will the merger benefit the City of Fridley and its CATV subscribers? Mr. �rickson stated that the more subscribers that are attracted to sign up for cable television for whatever reason, that is the comnany's interest because they pay and the subsc�ibers interest because they have made an independent choice that they wanted that service. tlore people in Fridley will sign up for cable TV and therefore have the benefit of what cable TV brings in terms of programming. Mr. Daniels stated they are constantly on the look-out for product and � services which will benefit the subscribers. Ttr. Kaspszak stated would it be fair to sav that Storer is bringing a � stronger finanancial ability than GTV. Mr. Daniels stated yes. Mr. i:aspszak asked Mr. Daniels what kind of assistance could the Hommission expect from Che company. :ir. Daniels stated 105�. Mr. Scott stated Fridley once had local origination in form of a staff of three people and public access director. T7i11 you have a 1oca1 origination staff and nublic access director? Mr. Daniels stated he could not determine that right now. Mr. i�eaver stated to Mr. Daniels if he would state what their position will be with regard to the operation of the Fridley fr�nchise. Mr. ilaniels stated it is his intent to come in here and operate the thing, add subscribers, etc. Mr. Tleaver asked Mr. Daniels if he would personally be in charge of this operation. ttr. Daniels stated yes, St. Louis Park and any other they acquire. 5G Page 8 CABLE TV PUBLIC HEARING MEETING ,7anuary 9 1979 Mr. Belgum stated he had talked to Tom Myhra who was on the first Co�ission and asked him if he could look �ack on any serious error they made that he would do flifferent today and he said one thing: he thought that something to the effect of a written guarantee or written agreement that a certain element of budget, equipment and professional know-iiow would be contributed from the company to aid the Commission in making sure that the community well-ueing is served. :•]ould Mr. Daniels be inclined to put something like that in writing or would you be open to an ordinance which included that wording. Mr. Daniels stated they do a certain percentage of that already in form of franchise fees that we pay back. Mr. P.aspszak asked Mr. Daniels if he would be receptive to a written agreement stating that under certain conditions that would have to be negotiated that you would be willing to put x nianber of hours to local origination. Mr. Daniels stated yes. i4r. Daniels stated he would lean towards the situation in Bloomingtoq. Mr. Hedin stated any agreement that the Commission mi�ht enter into with the company on local origination should be in the ordinance. To have something outside the ordinance is very risky. � Mr. Brennan asked P4r. Daniels if he supplied the Bloomington workshop with free use of tfie studio facilities. Mr. Daniels stated yes b. Local Origination. Covered above. c, d.ccess Channels. What is the comnany's experience and policy regarding the public, educational and governmental access channels? Does Storer have any suggestions on how the use of Fridley`s access channels can be improved and increased? Mr. Daniels stated our policy is simple - we provide them. _;s far as suggestions it is difficult for them to suggest anything about access because once they go in and start directing access it doesn't become access any more because of something the company is doing. Along those lines one of the most successful things is the video center and our support of them. � Mr. .:aspszak asked Mr. Daniels if he personally or the company have any quarrel with the access channel allocation as it currently exists in Fridley. Mr. ilaniels stated he would like to see lot's of it. `:r. Kaspszak asked what would lots mean. tfr. Daniels stated he would like to see all three of the public access channels utilized 15 or 16 hours a day. i�i� Page 9 CABLE TV PUBLIC HEARITIG M�ETING Sanuarv 9 1979 Mr. Kaspszak stated at this point do you prefer that as opposed to taking over the channel yourself. Mr. llaniels stated yes. Mr. Belgum asked Mr. ilaniels if Bloomington had a connection in the school system and could he SaY a word about that. "�Ir. Daniels stated there is a two-;aay link with one of the local high schools - Jefferson-Bloomington. At one point in time they had one of the most sophisticated studio camera set-ups of the three local high schools in Bloomington. Jefferson does programming from that location, it comes back to the head- end and it is siminated again out on the foreward leg of the cah7;e system to the subscribers. They do have a difficult time programming any hours on it at all. :ir. Belg� stated he ma�1e a very strenuous effort to get the Board of �ducation and the Superintendent and Principal to come to the meeting tonight but there is a Board of Education meeting at this time. Mr. Erickson stated he would like to make a suggestion to the Commission and that would be to take the 5% fee and do like they did in Bloomington, dedicate to help encourage that programming. d. Interconnection. [dhat are Storer`s long-range plans for � interconnection of the Fridley system with other metropolitan cable television systems? Mr. Erickson stated the company will abide by the state.rules. Mr. kaspszak stated let's assume we have interconnection today and there were systems in St. Louis Park and Bloomington and you wanted to air those here in Fridley what channels would they be on. Mr. Erickson stated whatever your local access channels are. Mr. Scott asked rir. Erickson if they could use Fridley as a head- epd to whatever you were receiving here to go to systems on the other side of the river. :Ir, Daniels stated he did not believe it was technically feasible. :ir. Kaspszak asked Mr. Daniels what restrictions are there on interconnection. Pfr. 1:rickson stated he was not aware of any restrictions. The regulations require it. A?r. [deaver asked if it would be feasible to feed the Columbia Heights franchise. Mr. Lrickson stated it may be. 5I Page 10 CABLE TV PUBLIC HEARING MEETING Januarv 9, 1979 :1r. Kaspszak asked what would happen on an interconnect between Eridley and Minneapolis and with the other municipalities.- Mr. I:rickson stated the state regulations on interconnection do not speak to the difference between the one company being on both sides of the municipalities. e. Future Oneration. How does Storer envision the future of cable communications in metropolitan Minnesota in general, and in Fridley in particular? What is the future relation- ship between Storer Cable TV of Delaware and Northern Cable- vision, Inc.? Mr. Kaspszak asked why do they need three subsidiaries. ':r. Erickson stated for business purposes. f. Technical Questians. Some commissioners and members of the public may have auestions regarding the technical operation of a cable television system and they may wish to raise these at this point. Mr. Scott asked if they planned to continue the same service now. Mr. Daniels stated they will nrobably combine the tcoo services, Mr. Scott asked if they planned on addin� any new services during ' the next year. Mr. Daniels stated they will have a lot of new services. Mr. Erickson stated in his short exaerience in cable, the variety of programming is exploding. lie read a list of programs that will be added . Mr. Kaspszak asked five years down the road with all these channels being used un, is Storer going to come back to us and say you would like one of those access channels. ifr. Daniels stated he could not see that far down the road. �fr. Chevalier askzd if they had any prot,.'.emswith�tjie ole agreements. „.�.,. „�,�. Mr. Daniels stated they did not. tfr. Kaspszak asked what the situation was in terms of transmission lines in Innsbruck. � ilr. Gerard stated there aren`t any. ;ir. Kaspszak asked what their plans were for Innsbruck. Mr. Gerard stated eventually to build there. It is underground and very exnensive. Mr. Kaspszak asked if there were any rquests for hook-ups in that area. 5J Page 11 CABLE TV PUBLIC HEARIN� MEETING January 9, 1979 Mr. Schneider stated he had received several inquiries. Mr. I:aspszak asked how many homes would have to agree to a hook-up before they would pass them. Mr. Gerard stated when they started talking to Columbia Heights it was their intention to build in Innsburck also. Mr. I:aspszak asked if we had 200 hook-ups would they honor it. htr. Gerard stated yes. Mr. Daniels stated yes. Mr. Schneider stated if some point in time the system went underground what would their reaction be to this. Mr. Daniels stated they would not have a choice. He stated they would go joint trer.ch with the utility compani�s. Mayor Nee stated he would like to point out that the company is presently in violation of the franchise in this regard. It is a relevant question to discuss. Mr. :ioravetz stated the entire city was to be wired within S years from the date of the franchise agreement. iir. Kaspszak stated part of our recommendation is going to be that the Council make a provision so that Innsbruck is taken care of at some reasonable point in time. iIr. Brennan stated he was wondering if Storer would be interested in working with the Anoka County Workshop on an onerating agreement such as the one in Bloomington. ".ir. Daniels stated it would depend on how the city so designates. kfe stated they are open for discussion. Mr. Belgum asked Mr. Erickson if he could formulate the theory behind the trade-off between the company's monopoly� of an entertainment sector and the community benefits that apparently are the trade-offs for this exclusive franchise. '�Ir. Erickson stated trade-off is a good word. We are dealing with a monopoly although not an exclusive one. We are dealing with a voluntary entertainment medium which Storer has to sell to the public. :10 one has to hook-up to cable TV in the City of Fridley. It is a luxury. The trade-off is that there are those in city government and in the city who want to see a public access channel strung throughout the entire city so that anybody can get on. Obviously the City of Fridley ' would never spend the money to do that nor would the citizens buy only that. It is the programming and entertainment value that people buy. 'ihat is why Bloomington has chosen to dedicate its 5% of basic revenues to that purpose. It is a tax. ifayor Nee stated he disagrees that it is an entertainment medium. r� -- ", �.,,, �,�� �anuar 9 19 Mayor Nee sl-ated iL i, in iact a communications mcdium. Ile stated }le is Foing to propose a new pre-amUle te� the ordinance. Pir. I[edin stated he would suggest taking a vote now on approval of L'Ite merger. Mr, llel�um usked Mr. Hedin if we vote now can we still add an amend- ment to ttie ordinance. Mr. Hedin stated yes. You can amend the ordinance throughout the term of the franchise. , 5 �c --�-•. ;i0TI0N by Mr. Chevalier, seconded by Mr. Belgum, to recommend apgroval of the franchise transfer contingent upon the approval of the proposed fi:anchise ainendments. Upon a voice-vote, all'voting aye the mot' , ion carried unanucously. Afr• Hedin suggested sending the whole package of amendments Council and then they can treat them separately. Mr. ICaspszalc stated the amendments will now be discussed. to the Pfayor Nee stated he had some proposed amendments and would like to � discuss them, lIe handed out a four-page packet of changes. Iie stated some of the proUlems of orientation is in the first statement of the thing which does not adequal-ely describe the purpose and the authority to grant. See the first paragraph of 405.01. L�Then }>ou get into the revenue part of it, he propose to leave the definition of subscriber revenues in there for future use and then add a paragraph which defines gross system revenues. It adds in wholly-owned subsidiaries and holding companies because of the possibility of hidin� income in various caays. lhen payment to L-he city is a little different language but it claims 5% on the annual gross system revenues. This e�as always the intent of the ordinance and this makes it more concrete. It also changes the interest penalty from S`/> and oegs it to prime: In the same naragraph he put in t;ie possibility of the Council waiving the 5% fee on the difference between gross s}�stem revenues and the gross suUscriber revenues. The Council would still not have the power to coaive tiie 5% on �ross subscriUer r.evenues but would have the ontion of waiving tl�e fee on 5"/, on those monies over and above subscriUer revenues with a sliowing by the company that it is in thc public interest to do so. The next paragraph does dedicate money to uses related to cable TV. i�e audit nrovides basically access to subsidiaries and'holding comnanies i.i the City Mana�er feels that that information is relevant to the franchise. The additional services �aas just.to clean it up a bit. The one on studio f.acilities simply deals with the prohlem of equipmenl'. Ae stated he does not liave a nroblem �ai.th the copyriFl�t pass-thru. Mr, Kasnszal: asked A1r. Iledin for his opittion on Che copyright p:iss-thru. � Page 13 CABLE TV PURLIC HEARING ML�TING ,7anuarv 9 1979 Iir. Hedin stated the new law is a royalty for the cable system not for the subscriber. It is not like a sales tax. It is based on the number of subscribers and the number of their gross revenues. S�lhat the comPany is proposing is that it be like a sales tax. The important thing is that this copyright fee is no different than what the cable operator must pay for real estate taxes, rent, etc. If you do go along with the company he stated he has another amendment that does a little bit better job than they do. If they want to pass this along they should come in at the first of each year and ask for an increase in their basic subscriber rates. Mr. Hamernik stated he personally doesn`t view the 5% charge against whatever income they have as a charge against the company. He views it as a tax against the subscriber. Consequently, the oroposal made here tonight regarding the schedule or option that the Council has to charge the 5% rate or not charge it, the best way to go is this: it can be evaluated on what benefit is given the community. He stated he doesn't view it as a way for the city to raise revenue. Looking at the 5% fee in that light puts a different perspective on it. Mr. Hedin suggested having a meeting between the company and the Commission on the amendments including the local origination one. Mr. Erickson stated a meeting to define local origination wauld not be productive, in his opinion. The next issue is a sensitive one as is the 5% application to pay for premium services. Iie stated his impression of the total amendment package as suggested tonight is that it would be rejected by Storer Broadcasting. We should have a meeting to see if there is common ground. 2Ir. K3spszak stated it is not the company's position to accept it or reject it. Mr. �rickson stated no it's not, ordinance any way you wish but it to not buy the Eridley franchise. you can cextaintly amend the certainly is the company's right Nir. Kaspszak stated to Mr. Brickson are you telling us if these amendments were passed then that would jeopardize the merger. Mr. Erickson stated in his judgment that was correct. TSr. Weaver asked Mr. Erickson which amendments were giving him the greatest problem. Mr. lirickson stated clearly the 5% application to nay programming. Iie stated he wanted to make it clear that he wasn't on the record for Jim Daniels or for the company on this. He stated the Fridley franchise wasn`t the only franchise being acquired. ide are talkiug about at least 15 franchises at this time. Anything that is accepted by the comnany in neogitiations here is clearly going to be a model on all subscribers. The company will have to make the final decision. SL 5` P-1 14 i Mr. Iiedin stated he would like to talk to Mr. Erickson about the history of this. Mr. Erickson stated he will go throu�h the amendments at his office and get back to the Commission. Mayor iJee stated because of the hearing and notice process the date Storer can expect approval or disapproval of the merger would be March Sth. i4r. Kaspszak stated he would suggest that Mr, isricY.son call the Storer peonle, go over it with them and get back to Mr. '.ioravetz. Mr. F:aspszak stated he sees nothinp, wrong with asking the company to provide on a scaling basis at least one hour origination a week for the first year, two hours for the next year, three for the third, etc. '-Ir. Hedin stated one of the nurposes of this meeting was to go back and look at their experience. They have a proven track record in _ local origination and they tell you they are interested in it, you don't have to specify that in the law. IIe stated he was very sur- prised when the question of local origination came up and whether it should be tacked on as a separate franchise ordinance amendment as a condition of this. He stated he did not expect it tonight. He has some real difficulty �aith imposing that as a condition. Mx'. Srickson stated if Doug Hedin is satisfied that tonight's meeting is the public notice on the transfer and at any time after this meeting the Council could pass a resolution approving the transfer� he hoped that was correct. If within the next two,soeeks all the players can sit down and we can agree on some amendments and then the notice can be published. He stated he would like to separate the transfer from the amendments. iir• P.aspszak stated he was reluctant to do that. He stated we have to go back to the motion that was made - the transfer is contingent upon the amendments. He stated Mr. Erickson ought to go back to your people with the jest of what happened this evening, gain their re- action, come back, we will have another hearing on the amendments and present it to the Council. Then your problem is with ther� not with us. ts. Hamernitc stated the Council should have the amendment proposals before the January 22nd Council meeting. Mr• 2:aspszak stated the Commission should have their next meeting on January 16, 1979 at 7:30 P,M. This meeting wi1Z be held to go over the amendments. itOTION by Mr. Belgum, seconded by Pfr. Weaver, to close the hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The public hearing closed at 11:20 P.TI. i:espectfully submitted, i-;lCl�-C� ,�Q� Gayle`Gohen CATV COMf�II �SION �ti1EETING danuary 16, 1979 . , CALL T� ORD�R Chairperson Y.aspszak called the meeting to order at 7�3$ P.M. MEMIIERS PRESENTi MEMBERS ABSENT� OTHERS PRESENT: Edward Kaspszak, Larry Chevalier, Harold Belgum, Carolynn IIlanding, and Burt Weaver None Mayor Nee Clyde Moravetz Blake Balzart Greg Gerard, GTV Parn Anderson, GTV A4ary Geis, GTV Sarah Hayes David Dubouis Jim Erickson, Legal Counsel for Storer Dou�las Hedin, Attorney Jim Daniel�, Northern Cablevision Ed Carpenter, Attorney Stephen Nierengarten, Bloomington-TV APPROV� CATV COMVtISSION PUBLIC HEr1�ING iv1INUTiS• JANUARY 9, 1479 Mr. Kaspszak asked if there were any changes or additions to the minutes of the January 9, 1479 meeting? fdr. Kaspszak noted, that he had a change. On page 2, first para- graph, "he stated they bought the francliise or maved acquire it" this was an english error and should read,"moved to acquise it". Also, noted, page 9, fourth paragraoh, Iine 5, "it comes back to the head-end and it is sS.minated". Mr. Daniels explained the correct spelling should be dissiminated . Page 12, para�- graph i, second line, should read, "transfer contingent upon appr�val of proposed franchise amendments." Lastly, page 14, paraF;raph 8, line 4, the word "jest", should be changed to read "gist". MOTIO;Y by n4r. Chevalier that the January 9, 1979 minutes, as ariended, be approved. I�Ir. Belgum, seconded the motion. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Kaspszak noted, that most of the commissiott members had not been privi2e ged to several discussions, and one meeting between Bill Nee, Doug Hedin, Blake Balzart, and himself. He explained the purpose o£ these meetings, was to expedite this evenings meeting by setting priorities as to what the City Council might approve. He noted that p1r. Hedin, and Mr. Nee, were present. DIr. Hedin +vas called upon by the chair- person, to explain to everyone what had been discussed at the Friday meeting, between Mr. Nee, Mr. Hedin, and himself. �6 Pago ?. CATV Commi ,rion t�leeting J�nu�rv 16 1979 6 A Mr Hedin stated, that he had an informal phone conversation, with the State Cable Board. They said that there was no problem with the la�t public meetin�, as far as satisfyin� state regulations for a public meeting. Mr Hedin, stated that what was most important, was to go thru the memo on Mr. Nee's proposed amendment changes. Mr. Kaspszak asked the commisssion what was their pleasure? Would they like to go thru each amendment, or the ones with changes? It was decided that the ar,iendments, should be looked at specifically, and then go back and look at any changes that have occurred. Mr. Hedin stated that he was having some problems with some of the proposed amendments. First was CREATION 40$.01, this 11e felt was no problem. Second GROSS REV�NUES, again no problem. Also he stated that �^nr. IVee saw no problem with GROSS REVEiVUSS 40j.011, but that the Company itself was having problems with GROSS REVENUES. The Company does not want this to include pay-cable receipts. Thirdly, PAYMENT TO THE CITY 405.05, The 12�J had been taken out of the mayor's packet. There is no qualifying phrase of the certification of any bank. Also, he stated, that he had looked into the stat� es to see if there was some other language, that might try to accomplish this and that there was only one. That one was involving the discount rate of the rederal Reserve Co:nmission. There was nothing quite like this in the statutes. Mr. Hedin questioned the "waiver". He went on to state that at the Friday meeting, he was informed that �vhat was wanted wasc 1. the waiver pertain only to the pay-cable�receipts. 2. that the waiver would be conditioned upon, the local orig- ination performance of the company, These were not in his recommendations, he stated. Because, he felt, this was in- cluded, and covered in the 'PUBLIC INTEREST', criteria. Mr. Hedin, then continued on with some examples for his reasoning. Mr. Kaspszak interjected, that this was a concession that the Commission had struggled with and, he felt, that they were sensitive to how the council felt about 'local origination'. Mr. Weaver, then stated� that his long standing position on 'local origination', is that there should be a provision made for local origination, upon a showing of a need, and that a criteria would be, when there is a significant amount of local origination, that the franchise should open up or provide more access transmission. He stated his reluctance at taking up a large percent of their band lengths, and then not using them. �, . Pa�e ,� CATV Commi^,sion Meeti.nF Jonuarv 16,_ 1979 G B Mr. Hedin then continued, that hs felt it was presumptuous of the commission to tell the council what it should vote on, in respect to the 4/5 affirrnative vote,.}{e also �tated, that there was no problem with the USii PEE, Continuing,•Mr. Hedin, pointed out that one important provision, wa� that the F.C.C. has never viewed cable TV as a revenue generating source, for a municipality. The 5J is designed to cover and reduce the regulatory expenses. Tf a greater percent can be justified, than j� the percent could Ue increased. He suggessted, that it was the purpose of this percent to just break even. He then sugge�ted, that in the future, maybe, Mr. P.7oravetz, could give a rough estimate on the cost of the time for regulating cable TV. D1r. liedin, next, wanted to cover 'AUDIT'. There was no problem with this, and it would be replaced by the mayor's packet. The 'GROSS OPERATING RECEIPTS', would be taken out, he stated, because the F.C.C. is now using the term "Gross Revenue". Mr. Hedin noted, that there is an obvious ommission of 'access', for tvro reasons. First, because in the preceeding franchise aznendment section there is already an ordina.�ce providing access. He felt that what the com�ission should keep in mind, is a?undamental concept. That a 1oca1 cable operator has nothing to do with access. Federal law re�ulates access. Udhat the cable company can do is make equipment available, which D9r. Hedin noted was in the next section.. bTr. Hedin stated also, that the sentence from Bill Nee, that the City Council can veto any proposed changes in the plan, has been omitted. P�ir. Hedin stated that he felt this was inadvisable. Mr. Hedin then continued by citing several � examples for why he felt 30 days notice to the Council was inadvisable. Lastly, T.ir. Hedin spoke on STUDIO FACILITIES. Mr. Hedin said that this talces Bill Nae's suggestion, which is the third line dovm (see attachment), on equipment not being maint,�s:ned. Mr. Hedin, then gave an example why he felt en£orcementi of such a policy was impossible. Mr. Kaspszal:, questi.oned to why have a provision for a per- formance bond, if it didn't have any "teeth in it?" D7r. Hedin stated that it was included in the original ordina�ce when the studio building was being built. Also, he stated that the original ordinance does "have teeth", in it, although it i� difficult to enforce, and relies upon voluntary compliance. Mr. }iedin then wanted to close by stating that Mayor Nee's proposed amendments run contrar,y to Federal Law, as he explained in his letter. (see attached letter from D1r. Hedin.) Chairperson liaspszak, then asked for Mr. Daniels or Mr �ricicson to respond to the amendments that were discussed January 9th, and to the ones suggested by Bi11 Nee, and to the amendments proposed Uy Doug Hedin. Pa�e 4 CATV Commiu;ion Meetin� Janu�Y 16, 19?9 6 C Mr. Jim Daniel:;, requested that they hear•form General Tele- vision of Pdinne�ota Inc., first. i�r. Greg Gerard, introduced Mr. �d Carpenter, attorney for General Television. Mr. Carpenter stated that his interest at the meeting was to gain approval for the change of ovmership of General Tele- vision, Inc. He continued, that preparations have been made for a si:ockholders meeting to approve the merger, which is set for February 15th. Application has been made to the F.C.C. for transfer of the ovmership. Also he noted, notices and applications for transfer have been made to all municipalities concerned. He stated that he would like to see the transfer approved. He also stated that he vrou].d like to see the transfer and the amendments considered separately. He also noted that Storer did meet the regulations that Mr. Hedin had �et out. Mr. Carpenter continued that the franchisee, itself, remains the same as well as the personnel. Mr. Yleaver questioned that the personnel would not change? Discussion between D9r. Vleaver and I�',r. Kaspszak then ensued as to vrhether this question was previously asked. Mr. Kaspszak stated, that the only question he had asked was if 69r. Jim Daniels would remain. �,Ir. Daniels had stated that yes he would stay to manage. IDir. Kas�szak stated tha� the Commission has had great diff- iculties over the years, and feels apprehensive. He then elaborated on why the Commission has had these feelings. Also stating that he felt the Commission is sensitive to what the Council wants to do. In the final analysis,the Council will malce the final decision, he stated. rie continued that this meeting was ar� airing of the issues, hoping for a proper response, that could be passed on to the Council, that the Council could tlien approve. He stated also, that at least two council members felt strongly that the approval of the trarasfer be contingent upon appro�al of tne amendments, and that the Commission was merely ref'lecting the Councils mood. Chairperson Kaspszak then called upon Mr. Nee to give his feelings on the moad of the Council. b9r. Nee �tated that he personally felt that considering the two separately was feasible in his o�m mind. But, that the Council may see it differently. He also said that he suggested to the Council a side letter of contingency. He also stated that he felt the Council could see it this way, if the Comm- ission suggested it. Chairperson Kaspszak, then called upon Mr. Daniels for a response. Page 5 CATV Commis�ion Pneetin� JanuarY 16, 1979 6� Mr. Daniels stated that Mayor Nee echoed what he has stated in his letter, (see attachment) and that the company would like to operate the cable system for some time sd that the members might see what kind of quality of work we do. Mr. Daniels stated that tlte letter was his official position. Mr. Kaspszak inquired if there were any questions? As there were none, he then su�gested to h9r. Belgum, that this would be an appropriate time for him to enter his paper. Mr. Belgum asked the Commission to listen to some of the paragraphs from his paper under the title of 'Cable TV and the Public Interest'.(see attachment of same title) Mr. Chevalier. asked if he hadn't missed something. He wondered where the 'try it for awhile' originated7 �r. Kaspszak, stated that it haQ come from the meeting between Bill Nee, and Mr. Erickson. Ms. Blanding asked for a feeling from the other Commission ' members. Chairperson Kaspszak stated that he felt the Commission had . one of tvro directions to go. He felt the Council would approve a side letter, in which the company would make certain guarantees, after the merger is approved. This vrould in effect nullify the way the merger was approved at the January 9th meeting. Mr. �rickson interjected that he felt he should clarify some- thing that seemed to be troublesome to eVeryone. That Mr. Jeff Ivlarcus is Vice President of IQorthern,Cable Vision Inc., in name only. He is not an employee of Storer Broadcasting. Mr. Marcus ovms and operates his own business, which is a broker financer. He is a broker or finaricer, in this case, who has suggested �o Storer Broadcasting that they acquire General Television. He has no operating authority, with respect to General Television, or with respect to any of the s�absid- iaries, or the parent companies. This statement, Mr. EricY.son stated was to make it clear that any negative fee1�,,;-� the Commission has toward D4r. f+larcus, should not be :m?v�t�d to Storer Broadcastin�. Secondly, Ivir. Erickson went o., w say � that he should go on record concerning somethin� that was asked January 9th. He stated that they were negotiating a number of franchises, and that they would like to get tl:e transfer done crisp and clean, and the franchise amendments later. P�Ir. �rickson stated that they came to these meetings with the understand'znv that the transfer would be approved. This understandin� was based on an understanding.with �layor Nee. He continued that it was his £ault for assumin� tY�at the blayor was the City Council. He continued that they liave now spent more time on this then they assumed because of that misunderstanding. He then �tated that was why he showed some frustration at the Sanuary 9th, meeting. This, he stated was why, when the Commi�sion made tne motion to make the transfer contingent on the approval of. these amendments we were upset. GE We fe� ad an understanding. ��e now realize triat Mayor Nee, , i� just one member on the Council, and that the understanding we had vrith him was not necessarily, the whole Councils feeling�. He continued� that at this point vrith this lroved andeha��athe ment), he would like to see the transSer contigent approval of • G support on this transfer unbitted by any they couldsthenesitedo m andJlookhatstheeamendmentser operating Nr. Weaver inquired as to a letter the City may have received from Storer. may�notebesoneeddependingronwwhat thedcommissi�on1doesaattthis meeting. Mr. Weaver asked if 5�orer vras not asking �or a latency aggree- ment? Was Storer not asking for a latency provision on our atency before our�amendedoordinancesr ouldtgoeintoXeffect? Mr. Erickson stated no� they were not. Mr. Weaver then asked if they vaere not asking for a delay in otherlfranchises?r�ou dcthet�eliberationsealso bemcompletedtiate yn six months? nqr. Erickson answered that they would not delay the ordinances y� �h�y were still negotiating other. franchises in six mo�ths. the Commissiontwouldanothbe askedltocoait a littlenlonger�nths, Mr. Erickson stated that they would like six months operating time in Fridley, and then deal with the ordinances. They on thenotherkfranchisesSwere completed,ll all deliberations pqr, Nee st�oeaseaaamendment atathis�timea�Henstat dtthataheee to every p P felt the City Council might meet on middle ground, and tha the letter that comes in might be a facade of rationale. that they would not oppose any of the amend- Mr. Kaspszalt, asked DZr. Daniels, if he would give the caunci a letter a.greeing. ments? roval = some sort ofarecommendationstnovatLi.ther�recommendsapp�d ma e of the mec;er separetly, or contingent uWC�eaPntirely separate. i amendment�. He stated that he felt they . � He also felt thbecaYuse the 203o�waslextraord nary. Would not `1; $et precedent, �t al y` � Pap.,e 8 CATV Commi��ion Meetin� Jattuarv 16, 1979 � G 405.06 Audit SECONDi�D by :�Is. Blanding, the motion to adopt the above pro- posed arnendments. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION was made by Mr. Weaver to adopt the following amend- ments, which read as follows: �+05.01. Creati.on �ke-6�#;y-o€-�r���e�-r���1s-��e-eo�s��xe��er�r-ogera��axi-ax� �a�x�er�eu3ee-e�-a-ee�x��xi��y-ax�e�r�a-�e�eY�s�or�-s3�e#et�-ae�v��g-#lve 6���-e�'-F�id�ey-�s-eaus�sbe�a-w��h-�l;e-g����:�-�t��e�ea�T-�d sgee��}eak��-w��k-tke-esya���at�r�eH#-ar�cl-t�ea��k�-x�a�x�exe�ee-e€ #e�ev�e�ea-se�u�ee-w��k}xi-�ke-G��3�-e�-F��d�e�T The Fridley City Council does ordain that it is in the public interest to permit the use of public right-of-ways and easements for the construction, maintenance and operation of cahle communica- tions systems under the terms of the follolving Franchise Ordinance; said Public Purpose t�eing specifically the enhancement of communi- oations within the City, and the expansion of.comcnunications opportunities outside the City. 405.011, Subdivision 9 "Gross sx�se��be� revenues" a�e-�eve�tiee-�e���ed-€�s�-�e�x}a� stt�se���e�-se�v�eesr-�s�-�r�e�r�d�r�g-ac�ve�:��s�r�gT-�ear�e-ekaxixie�-€eea, e�-o��ie�-�ees-de��ved-��e�-�eu-s�tt�Qe��be�-serv�ees. shall meari any i e CATV Commis^ion rnee )5 ?�] Addition_.�yl Sr vz��v t or before the i'ir:,t � of A�ri7.: � oi' A ri c eacti :.uceceuiru; Yea �ty_Counci 1 a nl.:�n i'or thF: comin ain tihe foll��wynf'ormation� � 1. 2. 3. 4. 5� �1n4_ 252. S , �n ' Januar 197�� �d pn or befo � ���j1�: CUIi1j�- jUYl,`% �r� 5 ear s operation whzch � f� the fir The com an snatl c?�i:>�LU�� `"""- jimits. At the requesti o� �5�� ax�, d�roduction facilii�� �vi"thin the c9.tv lan ior a es�e� "itv_� ovn�i�� �he corn�a.ny snall submit to i���SS�ka _��a}�_}�e��de sb�c��e-�o-t�e-eoxie��tze�e�l-w�t��xi-�i�e-e3��. ��e�ie-g�e�-�,�, this faci.li�tv v�ntech:�hcal. eauibm°ni: dhours ancintime it studio size, type af' facility, reconstruction time. will be operated and estimated construction or The companY's plan shzl.l also include iniormation on how i___� 4'+?11 mazn�-in pro er ��tor'..cin� cc;ndi.�i.on its eauinrent to^oe usea for local ori inatien cablecasii-na and bY �ccess cnannel��heecom anylshall plan shall be subject to the approval of �he Ca.ty. P execute a performance bond vayable to the city to insure se�p}e��e�-}xi aese��axiQe-W��xi-�la}s-p�e� compliance with this section. n�OTION was seconded by "•4s. Blznding. Upon a voice vote, aye, the motion carried unanimously. , t,1r. Kaspszak, questioned that they had not put in, 'having a staff person appointed', in there. . Mr. Hedin answered by stating that he had felt that would be in*'^r- ferring into inter-corporate activities. But, he hoped that 'thPlompany would appoint a liason. Mr. Kaspszak, and D1r. Hedin discussed the Performance Bond. Mr. Kaspszak, suggested that he would like included with the minutes of the meeting tlie following� 1, The letter from IYlark Scott 2� hlemorandummfromtDou�lasbHedin,�datedC�January�l6s D9?9els 3� all voting v � 0 � w � i � MEMO T0: MEMO FROM: MEt40 DATE: SUBJECT; Manager � Nasim M. Qureshi, City �� Richard N. Sobiech, Public Works Directo � January 17, 1979 Bid Opening - Removal & Replacement °�feningslla1979s Concrete Curb & Gutter and Driveway p On January 15, 1979, sealed bids were received and opened publicly o y of the at the Fridley Civic Center at 11:00 a.m bid tabulation as it was submitted. Attached is a c p Halvorson Construction Company was the low unit price bidder. Nalvorson Construction Company p erformed satisfactory work for the City of Fridley in 1978. It �S recommended that the Council award the contract for the referenced project to Halvorson Construction Company. RNS/Jm P : : - 9R Memo to N. Qureshi -2- 4. City to fund an amount similar to federal participation share 5. Anoka County to fund 25% due to Ice Arena traffic Assess remaining to benefiting properties (cost per lot $485) City to fund an amount similar to non-federal funding share (50�) Anoka County to fund 25% due to Ice Arena traffic Assess remaining to 6enefiting properties (cost per lot $193) 1/12/74 $ 9,600* 20,000 50,400 40,OQ0* 20,000 20,OOQ *Funds to be acquired from Contingency Fund or Municipal State Aid Revolving Fund. In my opinion Item lI5 above would be most desirable. The City would fund SO% non-federal participation share similar to what has been done at other intersections where there was no federal. participation. Also, this seems reasonable since there is a City park (Locke Park) which has access from 69th Avenue and is used by the general public. Together with the City share, the benefiting properties, Anoka County and adjacent residents would provide remaining funding. RNS/jm Attach: 2 maps letter � _. N..r «r ".,. °,V/ �j' �� .� .o ,.,� , �,.�., er� � �; ., .,,' �� a'' y � ` , r � u�. '.... .,'' / „� � �i � °J ^?.� ' � ���: , i . � N �\,;�,.,. ` .� • 9 B ; ` ` i • .. �,, �� � .,, , • . ' ��y � ' ...� j.. '�l�..'�: ni „� :/' it ls .. oi. c � \� � �� / •• ��41' � '. O r 4� . ��V O � . ' �o ' . �(V"' �Inr y^`) �IV� i �i,5. • ,. �-�j ` ��" �I rt.a ..�;. _.' ' �rwro� _� ♦� 04l- m . �o m�.i' .O �D `.~9 ..F° " '�4i!P.at'-76f'"__ _'_'___"�_"'_'• _ _ .'_'_ _ _' . ♦ N� ' � ... 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A V \b { . ��� a rs � �1O � P, �,a 9 n „C a r` e, S�4a ll / ay O� .i. .!a �<4 1 D �. ) `\ ., �� F� , � t +Y � �, �� ,� �rt''� � N - � i a, " ,\ . o t ; , � � I a !SL ��,i�� �.-- �/7 \ 1 _ 0�•6�'�/ �i`L• m5( �•� ,�\4rU� � ~• �°� \, \; 'r4 '1 � ` . �' c ' � t M1 . . � � � � r � �' V'` � !e � ._W f�'� \ . i h 1 � . , � 'A � � � � � . ��i� v" °, rv��• � j � </ �p�t a n � i �l . � � ,� � L , , � �, e � ,�. � , �„ ; � ,�,, r' o�,N� �., ,r•y.y`' „ � i� /,. u� ,•� N / , , ,-, a. , . G.. °`�t1'L� 6°` ory /�� ° C� : �J7 ` � y0e � V �e 'r / i �"•�'� � •O �- f �' /�' -^. -A 6 ..r / � ... ; � -a r ��'4." // .. °�%``�. "r �o ,d�( .' f: '; �. .r -r�Y~, .,�t"�i.� ,i?� } �r�_. � `.�°N�_�. .�� '. i��d� `',l�._67 .y v. /` \� :� . - + g ., Q, . iy � :, r.. `_ . ^ �'����Oy� ' vA;� , .a'��.� , �P /� .-^e '1. '�o��b �. mf� � �' `� l� � , v, ,a+� � � / •" ,7��� � \ ' v. \ W. lv -•- e�'s.� "`�° . • � � ; ; - b�y'� K � � 4 P ul o� ^ -. / � , �� . �.. C� �/�• s --! . .ia .°a. ' . L . (J1 . . \ 1`'�••C M� •. 0�4 ... i��` �M � .�;'. \� T/� �LI� 0.' � � �� Ni � �� 1 R � ti � �W `, ' ' , 'Y Lb.��� O�.n'� �4�`OO �•�.`f , �,yJ'4b , ,^ � !.[ p V\1J1 ; � �' .��� N r �\� `�1 � y .._ U� � � � / t ��,� � " J /4ti\ �� 0�1` �� � `�u�� 6.+a �, �..lr V��. 4u.L�,� ' � ��`� �''�.T.:' , ; n� iv ,,,: �. � .< �. ., , ,�'°�� �� �., t..� ^'. �. �� cc. � 1 , �• cn v� �,��y1 pe . � '� � _d�a'.� �`;'.' . � �`� ,"'/ 3` c� � �` � � 15� � � w � N ` ; � .v/� '�i . T9 • i �tr� . . , n c"'. ' i7 ! _ • .-+• � j � � �"� ��� y� � �., S �� o y,� ` i.e e``1 -�' ti4\ ��' � a�`:,ty. �/6`" I�i��+'e.tr� ++ �i,lJ� � ��� � 3 r f�, .w .�. O: ��� !� c � ,� � ` . � �, � � �vN �'<�i �a/J . 4 . �' � .,. ` I,�i , � _�jp .0 1 � � . -.rns � v. �. % . �•. l� r� �� � 6`^ ��i �F : .,.: � .�Y, � �� li1 i �� r�� P a OM . � \ � {��. `�� . �L`' .,U: _ . .e ` "'.>tI��G' `�� �'� .. . �r RESOLUTIOW N0. A RESOLUTION REQUESTING THE ANOKA COUNTY COMMISSIONERS TO SHARE IN THE It4PROVE- MENT COSTS FOR SIGNALIZATION AT T.H. 47 (UNIVERSITY AUENUE) AND 69TH AVENUE WHEREAS, the City of Fridley is very concerned with the dangerous traffic situation which exists at the intersection of Trunk Highway No. 47 and 69th Avenue N.E.; and WHEREAS, the crossover at 69th Avenue is the only outlet for a large residential area on the west side of T.H. 47 (University Avenue); and WHEREAS, there is a considerable amount of traffic generated due to activities in Locke Park and Columbia lce Arena on the east side of T.H. 47; and WHEREAS, this intersection is within the area associated with the land acquisition a7ong Rice Creek for the proposed development of a regional trail system; and WHEREAS, the Minnesota Department of Transportation has indicated in the correspondence attached and noted as Exhibit A, that the signaliza- tion could be completed at this time, but only at the City of Fridley's own expense; and WHEREAS, the signalization would be beneficial to residents of the City of Fridley and Anoka County. NOW, THEREFORE, BE IT R�SOLUED, that the City Council of the City of Fridley requests the Anoka County Commissioners to share in the improve- ment costs for signalization at T.H. 47 and 69th Avenue �J.E. intersection. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Fridley requests that the Anoka County Commissioners provide 25� of the estimated improvement cost for signalization. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1974. ATTEST: City Clerk - Marvin C. Brunsell Mayor - William J. Nee (Certified c�pies sent to County) � � ,�C�3NESOt ��`• .�r '7 -p'� � b . O � � 2 � � �� � ��,t�--� � _ Qo�c yTOF SFH��� MIIIIIC:SO�iI � Dc����r�mcnt of 't'rlt�s��a:t��tiari I�ISII'IC[ i 2OJJ Nc�. I_II�C•DIIVC Golcicn V�lllcy, ;�-linncsota 55422. December 19, '1978 Nr. Richard N. So6iech Puhlic Works Directar City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 In Reply Refer To: 315 C.S. �205 (T.H. 47) At 69th Avenue NE Traffic 5ignal Dear Mr. 5o6iech: This letter is in res{�onse to your letter and Resolution No. 124-1978 �oncerning the signal at the subject location. n Exhibit 9 E (�12) 545•37G1 \` . dated December 13, 1978, installa'tion of a 'traffic We are currently working on signal projects for thc h1ay, 1'379 letting and have a full signal design wark load thru 1979. :[P we were.to design and Iet tha su6ject project, whi�h currently rariks 43rd on our priority list, some ❑ther projeot wauld have io sli.de I�aok. If the City of Fridley agrees to pay the entire project costs, we will adjust our sohedule t❑ allow a 1979 letting date. However, instal» lation would pro6ahly not 6e �ompleted until sometime in 19II�. .. The Minnesota Department ❑f 'fransportation cannot agree to reim6urse the City ❑f Fridley far "our" share ❑f the �ost of installation at any time in the future hecause ❑f the unce=tainties ❑f future funding and priorities. In addition, federal funds are not available for reim6ursement projects. Thus, instead ❑f 2n }8p,0�0 project 6eing split 76 percent Federal (current formula),12 percent State and '12 percent Gity funds, ii; would be 5D per�ent State and 50 per�eni: City. We must rtiake the t�est use of availa6le funCs. If the City of Fridley a9rees to fund the entire project at their expense mithout future reimbursement from the State�, let me knnw; however, me need at least six months lead time 6efore the project can be let. 5in�e ely, • , . .• ' , ;' `. : • . %�J (. ��j,! �,�/"��� �� / � 1 rj °�F ' �. �Wi�lliam P1: 'L`ifiwfo • , �.E. Di�trict Dirc�tor � An Eqnnf Opprrluni�y Eurployrr �?+- O RESOLUTION N0. A RESOLUTION TO ADOPT THE FINE SCHEDULE BE IT RESOLVED, that the Fridley City Council adopt the following fine schedule and recor�mend that the County of Anoka, Probate - County Court issue an order promulgating the same: PUBLIC NUISANCE Any violation of Chapter 110.01 Code of the City of Fridley, Minnesota (1973). Any violation of Chapter 110.02 pertaining to construction work hours ZONING Any violation of Chapter 205 Code of the City of Fridley Minnesota (1973). WORKING WITHOUT A LICENSE Performing work or services without a license required by the Code of the City of Frid7ey (1973) or the Statutes of the State of Minnesota BUILDING CODE Any violation of Chapter 206, Code of Fridley, Minnesota (1973). WILD BIRDS AND ANIMALS Any violation of Chapter 303 Code of the City of Fridley, Minnesota (1973). ANIMAL CONTROL Any violation of Chapters 301 or 302, Code of the City of Fridley, Minnesota (1973). First Offense $50.00 $ 50. 00 Second Offense Court Appearance Court Appearance $75.00 (and subsequent offenses) Court Appearance $75.00 (and subsequent offenses Court Appearance $75.00 $25.00 (and subsequent offenses) Court Appearance $15.00 (within 12 months) $30.00 or court appearance if re- quested by officer 10 RESOLUTION N0. FENCES Any violation of Chapter 213, Code of the City of Fridley, Minnesota (1973). ABANDONED AND JUNK VEHICLES Any violation of Chapters 114 or 123, Code of the City of Fridley, Minnesota (1973). WATER AND SEWER ADMINISTRATION Violation Failure to make application for and secure a permit Failure to secure City inspection and approval Failure to install a water meter; use of unmetered water failure to maintain service connections fr�m City main to house in good repair Tampering with water meter Failure to have a stop and drain valve on both sides of water meter Use of water from open fire main in violation of Chapter 402.13 Code of the City of Fridley, Minnesota Tampering with, altering, using or damaging any waterline, fire hydrant, curb or valve box, street valve or sewer line without permission Allowing storage or surface water to be discharged into sanitary sewer Failure to properly barricade and place warnin9 markers on open excavations Digging without s'pecial permit on permanent-type streets First Offense $15.00 $25.00 Chapter 402.02 402.022 or 402.2D 402. 023 402.04 402.05 402.11 402.13 402.18 402.19 402.20 402.20 PAGE 2 Second Offense (and subsequent offenses) $30.00 Court Appearance Fine $75.00 $60. 00 �75.00 $30.00 $60.00 $45.00 $75.00 $75.00 $60.00 $30.00 $150.00 10 A RESOLUTION N0. Violation Failure to comply with sprinkling ban Failure to maintain a complete physical separation between the municipal water supply and a private water supply FIRE Violation 1. a. Garbage b. Open burning without permit 2. Extinguishers not serviced 3. Alarm system faulty 4. Fire drills inadquate 5. Folowing fire apparatus 6. Crossing fire hose 7. Fireworks a. 5ale b. Discharge c. Manufacture 8. Hazardous Conditions a. Stairway doors blocked open b. Improper exit lighting c. Obstructing exit way d. Accumulation of combustibles e. Use of temporary wiring f. Exit Signs 9. Flammable Liquids a. Drainage into sewers b. Improper use of c. Improper container d. Improper electrical connections e. Improper use of flame f. Smoking where prohibited g. Smoking - removal of signs Cha ter 402.21 EI�Y�! Chapter 109 109 108.03 ioa 1 �: Minn. Stat. 169.40 (1976) Minn. Stat. 169.41 (1976) �1. . . 108 108 l0II 108 108 108 108 and Minn. Stat. 73.171 (1976) Minn. Stat. 73.171 (1976) Minn. Stat. 73.171 (1976) Minn. Stat. 73.171 (1976) Minn. Stat. 73.171 (1976) 108 108 10 p �:«�3 Fine $30.00 $60.00 Fine $15.00 $50.00 $25.00 $25.00 $15.00 $25.00 $25.00 Court Appearance $15.00 Court Ap��earance $25.00 $25.00 $25.00 $15.00 $15.00 $25.00 $50.00 $15.00 $15.00 $25.00 $25.00 $25.00 $50.00 RESOLUTION N0. Violation 10. Places of Assembly a. Flammable decorative material b. Exit doors locked c. Aisles d. Obstruction of exit ways Chapter : �: �: VEHICLE PARKING First Offense Any violation of Chapter 506, Code of $15.00 the City of Fridley, Minnesota (1973) ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1978 MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL PAGE 4 Fine $25.00 $50.00 $25.00 $25.00 Second Offense Within 12 months $30.00 DAY OF 10 C ll �-8�79 _ _ __ � __ __ Ta �vED Sid,e�.�9 CN/�.r.e�°�.�SOiU /�v/nflN _ _ _ _ __ �50�.2CES Coin�zrS�Sz�oN. H�vD cOminzs�Dr(��S _ _ __ ---_ . _ BECA(�SE D�_ EX TEND.�D (,t>0.2 f� _ --- - _ . �iOV,2S �iilT/� ln Y �VEw ✓�,B � r Fi.v/.� �% _ _ _ _ --- NEc4ESSA.� Y _TD �SZ6N �.�Dr� Tfl� _ _ _ _ _--- _ co�nr�zrsslo�v. . .L �.0 soY�� a�G o�v _ _ _- _ _ _ __ _ �E cornmr�'ra•v w� �y s��v. r� i �v _ _ __ . ___ T�lE FIJTI"%P.,� /» r/ J�B �S�DivS�.Q/��%/ES __ _ --___-- C h�/l�i/CE Z �v0 UL !�. ,�Of�� __ 77i BECD/�'l� __--- --- /�0,2E___ %C�7U,�. _ _ ___. _ _ __ _ __ _ __-----_ _ _ 2.�S,�.ECT�rr�.y. _ ____-- --_ ____ ___. - _._ --- - -- _ __ _. _ -- _ _ _ __ _ _ - ----- _ _ . ,�v�0 /��� ___ --_ ■ ____- - _ __ --__ __ ___ _ LNW OffiCES � WEAVER, TALLE & HERRICK GHARLGS R. WEAVEft HERM/.N L.TAILE VIROIL C. HERRICN ROBERT MUHN4 WILLII�M R,GOODRIGH DOUGLAS E.IILINT TIMOTHY E.Lp9HIN City of Fridley December Retainer Council Meetings Staff Meetings Conference with Staff Memos and Legal Research Preparation of Proposed Fine Schedule-County Court Citizens Inquiries Januaxy 5, 1979 Hours in excess of 30 @$40.00 per hour 12-3/4 hours 2-1/2 hours 6 hours 4 hours 10 hours 2 hocrs 37-1/4 hours COURT PfATTERS: Plvwood & Wickes vs. Citv of Fridley (Conference with Staff and Meeting with representatives of plaintiffs, County of Anoka and City): McNamara vs. Shorewood and City (Pre-Trial Conference-Minnesota Supreme Court): Wellan vs. Brunsell (District Court Appearance on 12-13-78 and 12-20-78; Conference with City C1erk re testimony; Conferences with candidates attorneys): Citv of Fridley vs. Stavanau (Preparation of Writ of Unlawful Detainer; Appearance in County Court; Correspondence and conversations with defendant and City Clerk): Hedlund vs. City of Fridley (Deposition of Plaintiff): EXPENSES ADVANCED: Mileage re McNamara Stillwater Court 75 miles (TEC) Stillwater Court 30 miles (VCH) St.Paul Commissioner of Insurance 56 miles TEC) Total Mileage: 161 miles C� $.15 per mile: 55 Xerox copies @$.15 per copy: 10 Lease forms @ $.25 euch: BALANCE DUE: 310 EAST MAIN STREET ANOHA�MINNESOTA 55303 921-5<13 62"!9 UNIVEPSITV AVENUE N.E, FRIOLEY� MINNESOTA 55432 691-JB50 Inwice No. 6670 $1,300.00 300.00 150.00 150.00 550.00 200.00 125.00 2b.y5 8.25 2.SQ $2,809.90 12 A MEMO T0: Nasim M. Qureshi, City Manager � ��, MEMO FROM: Richard N. Sobiech, Public Works Directo MEt40 DATE: January 17, 1979 SUBJECT: Bid Opening - Removal & Replacement of Miscellaneous Concrete Curb & Gutter and Driveway Openings - 1979 On January 15, 1979, sealed bids were received and opened publicly at the Fridley Civic Center at 11:00 a.m. Attached is a copy of the bid tabulation as it was submitted. Halvorson Construction Company was the low unit price bidder. Halvorson Construction Company performed satisfactory work for the City of Fridley in 1978. It is recommended that the Council award the contract for the referenced project to Halvorson Construction Company. RNS/jm : t- z U w d .�-. 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