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11/22/1982 - 00012745(i THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 1982 The Regular Meeting of the Fridley City Council was called to order at 7:32 p, m. by Mayor Nee. PLEDGE OF ALLEGTANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fla�. ROLL CALL: � MEMBERS PRESENT: Mayor Nee, Couneilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF AWARDS: CERTIFICATES OF APPRECIATION T0: SHARON GUSTAFSON, COMMUPIITY DEVELOPMENT COI�fI5SI0N JAMES LORBESKI, VOLUNTEER FIREFIGHTER JOHN HALEY, UOLUNTEER FIREFIGHTER DEL ZENTGRAF, VOLUNTEER FIREFIGHTER Mayor Nee presented Certificates of Appreciation to James Lorbeska, John Haley, and Del Zentgraf, volunteer firefighters, who have earned retirement privileges. Mayor Nee and members of the Council extend their appreciation and thanks to these firefighters for their service to the City. Mayor Nee stated a Certificate of Appreciation has also been prepared for � Sharon Gustafson who served on the Community Development Commission, however, she was unable ta be here thas evening and requested the certificate be forwarded to her. APPROVAL OF MINUTES: COUNCIL MEETING OF NOVEMBER 8, 1982: MOTION by Councilman Schneider to approve ihe minutes as presented. Seconded by Councilman Barnette. Upan a voice vote all voting aye, Mayor Nee declared the motion carried unanimously. � COUNCIL MEETING OF NOVEMBER 22, 19$2 COUNCIL MEETING aF NOVEMBER 15. 1982: PAGE 2 MOTION by Couneilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Couneilman Schneider to adopt the agenda as presented. Seconded , by Councilman Hamernik. Upon a voice vote all voting aye, Mayor Nee declared the motion carried unanimously. �� � �; u �� Mr. Jack Lawrenee of Signcrafters Display apeared before the Council regarding the Council's denial of a variance for a billboard at 73rd and University. He stated he would like the opportunity to explain exactly what is proposed to be put up, as he felt it was a well-designed hillboard. Mayor Nee stated he wouldn't have any problem with reconsidering the item, however, he suggested it be considered at the December 6 meeting, as the Council didn't have the information before them at this time. Mr. Lawrence stated he was sorry there was not a representative at the Council meeting when this was first considered, and that December 6 would be satisfactory with him for the Council to reconsider the variance request. Mr. Lawrence also asked about the signi�g for Mr. Paschke's sho�,ping complex, as he understood this item would be on the agenda this evenin�. Mr. Flora, Public Works Director, stated staff has eontacted Mr. Paschke � to advise him what further information was needed before his request could be considered. Mr. Dick Harris, 6300 Riverview Terrace, stated it was his understanding this sign criteria was in the City offices for several weeks. Mr. Flora stated in reviewing the plan, several questions and concerns came up and Mr. Pasehke was notified that further information was desired regarding the details of the sign plan. Mr. Harris stated he felt staff was stretching the time element a little and these people who are taxpayers in Fridley shoula be given some consideration. Ms. Cindy Meta�cas introduces herself to the City Council as the new City Council producer for Northern Cablevision, Inc, replacing Mike Johnson. � �.t� ��,�I � l'y COUNCIL MEETING OF NOVEMBER 22, 198z OLD BUSINESS: PAGE � CONSIDERATION OF FUNDING FOR THE NORTHEAST ENSEMBLE AND FRIDLEY BAND (TABLED 11/8/82): Mayor Nee stated the Parks and Reereation Commission recommended 50� funding for this organization and the Planning Commission has recommended no funding. Mr. �ureshi, City Manager, stated the Council has already approved some funding in the Parks and Recreation budget for 1983. Councilman Barnette felt, in order to be consistent with what the Council has done regarding other requests for funding, he would favor funding them 50� this year, with the understanding there kould be no funding in 1984. MOTION by Councilman Schneider to concur with the recommendation of the Parks and Recreation Commission to fund the Northeast Ensemble and Fridley Band by 50$ of what was approved in the bud�et for 1983 and to serve notice that funding would be discontinued in 1984. Seconded by Councilman Barnette. Gouncilman Schneider stated he was not disappointed or disenchanted in any way by what this organization was doing, but felt this was in line with what has been done with other requests for fundin�. Councilman Hamernik stated he would concur with Councilman Schneider's remarks and felt this action would be consistent with the action taken regarding other funding requests. Ms. Barbara Hughes stated she views this activity as any other recreational activity they have in the City. She pointed out, as there are cutbacks in the school's music program, this would be an appropriate place for these students to come who wish to continue with their music. Ms. Hughes stated she felt this organization provided a valuable service to the City and improved the cultural climate. She stated they have received funding through the Parks and Recreation budget for many years. She felt they could probably undertake some Fund raising, since funds were certainly needed to purehase music and pay the director. Councilman Sehneider stated it appears the amount the members are contributing to this organization is substantially less then what the participants in sport activities contri6ute. Ms. Hughes pointed out this group does supply some expensive instruments and has always been treated as a reereational aetivity and felt the City shouldn't have just sports in the community as they have had that too long. UPON A VOICE VOTE TAKEN ON THE AHOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. �1 � I L� L__J � COUNCIL MEETING OF NOVEMBER 22, 7982 NEW BUSINESS• PAGE 4 RECEIVING RECOMMENDATION OF THE CABLE TELEVISION COMMISSION REGARDING THE CABLE COMMUNICATIONS FRANCHISE: MOTIOtd by Councilman Fitzpatrick to receive the recommendation from the Cable Television Commission regarding the Cable Communications Franchi�e. Seconded by Councilman Schneider. Upon a voiee vote all voting aye, Mayor Nee deelared the motion carried unanimously. � Ms. Barbara Hughes of the Cable Television Commission stated the Commission dad meet last Thursday and dealt with the issues identified last week and passed a motion recommending specific changes in the ordinance which the Council has just received. Ms. Hughes stated the recommendations of the Cable Commission, as covered in the memo by Clyde Moravetz to the Couneil, are a positive reflection of how the Commission feels. She pointed out in a memo from the legal eounsel there was an additional motion that was inadvertently omitted. Mr. Qureshi, City Manager, stated the motion 6y Ms. Hughes, Seconded by Mr. Peterson stated that the CATV Commission shall forward to the City Couneil the Rate Ordinanee with the approval of the CATV Commission. Ms. Hughes stated all of the changes are recommended in the agreement rather than in the ordinance. Ms. Hughes stated all of the changes are recommended in the agreement rather than in the ordinance. Mr. Matz, legal counsel for the Cable Commission, stated the changes reeommended by the commission have not yet been incorporated into the agreement, but these are very insignificant changes that will be in order for the second reading of the ordinance. � Mayor Nee stated if the Council wishes to undertake the first reading, he would like to consader the document as first submitted and, if it is approved on first reading, then gave instructions for changes for the second reading. Mayor r]ee questioned if Storer sold the systen, what would tae the status of the Statement of Commitment. Ms. Bremer of Storer stated it was her understandiog that this Statement of Commitment binds them and any transfer of ownership would inelude this lEtter. Councilman Schneider stated he has a concern regarding privacy and confidentiality of the document and if something like this in the franchise would make it an unworkable situation without fear of damages. Ms. Hughes stated the Commission felt this was reasona6le language to include and explained exactly why it was eonfidential. She stated the City already is handling other documents of this type. CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING A NEW CHAPTER 405 ENTTLED "CABLE COI�]UNICATIONS FRANCHISE" AND REPEALING OLD CHAPTER 405 OF THE FRIDLEY CITY CaDE IN ITS ENTIRETY AND GRANTING A FRANCHISE TO GENERAL TELEVISION OF MINNESOTA, INC., A MINNESOTA CORPORATION, DOING BUSINESS AS � �M.1��� (� Y� / �OUNCIL MEETING OF NaVEMBER 22, 1982 PAGE 5 STORER CABLE CONAfUNICATIONS SYSTEM IN THE CITY OF FRIDLEY SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE. DEFINING THE MEANING OF FRANCHISE� AND PRDVIDING FOR THE REGULATION OF THE FRANCHISE INCLUDING PENALITIES FOR THE VIOLATIONS THEREOF: AND CONSIDERATION OF FIRST READING OF AN OADINANCE ESTABLISHING CHAPTER $06 ENTITLED "CABLE CONAfUNICATION RATE CHANGE PROCEDURES": AND APPROVAL OF THE CABLE CO[�fUNICATI0N5 FRANCHISE AGREEMENT: MOTION by Couneilman Barnette to waive the first reading of the ordinances and approve the ordinances upon first reading, and approval of the � Franchise Agreement, sub�ect to smendments to be ineluded at the time of second reading of the ordinances. Seconded by Councilman Hamernik. UPON A ROLL CALL VOTE, all voted aye, and Mayor Nee declared the motion carried unanimously. Mayor Nee then requested motions from the Couneil regarding amendments to the Franehise Agreement which are to 6e included for the second reading of the ordinanee. MOTION by Cauncilman Fitzpatriek to add the following words under Section 7.02A (1) of the Franchise Agreement, "and hereby deems the information contained therein to be non-public and trade secret information pursuant to Minnesota Statutes Section 15.1673"• Seconded by Councilman Barnette. Upon a voice vote, Councilman Fitzptrick, Councilman Barnette, Mayor Nee, and Couneilman Hamernik voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. MOTION by Councilman Barnette to strike the words °and copy^ From Section 7.D2D of the Franchise Agreement. Seconded by Councilman Hamernik. Ms. Bremer of Storer stated the term "and copy" would allow the City all access to their books. She stated she had no ob�ection to copying the types of material acceptable in an audit situation, but would have some coneern in allowing the copying of all documents that didn't directly � pertain to the operation here in Fridley. Ms. Reichgott, attorney for Storer, stated if the copying of the documents is necessary for the working papers of the audit, this would be aceeptable. She stated what they are really saying here goes to the issue of confidentiality. Nir. Inman, City Clerk, stated at one time, there was a disagreement between the City and Storer regarding the documents for an audit, however, if they agree on what documents would be available for a standard audit, he dadn't have a problem with it. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Barnette, Councilman Hamernik, Mayor Nee, and Councilman Fitzptrick voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. � � �� � COUNCIL MEETING DF NOVEMBER 22, 1982 RECEIVING CHARTER COI�fISSION MINUTES OF OCTOBER 21. 1982: PA E MOTION by Councilman Hamernik to receive the minutes of the Gharter Commission Meeting of October 21, 1982. Seconded by Councilman Schneider. Upon a voice vote all voting aye, Mayor Nee deelared the motion carried unanimously. CONSIDERATION OF AN AGREEMENT WITH NOATHERN STATES POWER COMPANY TO PROVIDE A TWENTY (20) FOOT UTILITY EASEMENT THROUGH LOCKE PARK: Mr. Flora, Public Works Director, stated Northern States Power used to have a 50 foot easement for their high power line, however, they now wish only a 20 foot easement to retain a small service line, since they have taken out the high power line. Mr. Flora stated all the legal descriptions have 6een checked and approval of this agreement is necessary for Northern States Power to retain the 20 „ foot ease,ment. _ , � MOTION by Councilman Schneider to authorize the execution of this agreement with Northern States Power to grovide a 20 foot easement, Seconded by Councilman Barnette. Upon a voiee vote all voting aye, Mayor Nee deelared the motion carried unanimously. RESOLUTION N0. 101 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: FRIDLEY CO[�fUNITY PARK SPORTS LIGHTING PROJECT: Mr. Flora, Public Works Direetor, stated the City obtained the support of a eonsultant to design the lighting :,ystem for the Community Park. He stated they now have plans and specifications for the pro�ect and request authority to advertise for bids for this work. Councilman Barnette asked if all six fields would be lighted. Mr. Flora stated the bids would be in two phases, one for lighting four fields a�d the other would be an option for lighting the two back fields. MOTION by Councilman Barnette to adopt Resolution No. 101 Couneilman Fitzpatrick. Upon a voice vote all voting declared the motion carried unanimously. APPOINTMENT: ENERGY COMMISSION: . Seconded by aye, Mayor Nee MOTION by Couneilman Fitzpatrick to table the appointment to the Energy Commission,. Seconded by Councilman Schneider. Upon a voice vote all voting aye, Mayor Nee deelared the motion carried unanimously. LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk*s Office. Seconded by Councilman �y i��! , J l� COUNCIL MEETING OFnNOVEMBER 22, 7982 PA IMS: MOTION by Councilman Barnette to authorize payment of Claims No. 306F22 through 322W19. Seconded by Councilman Schneider. Upon a voice vote all voti� aye, Mayor Nee declared the motion carried unanimously. RSTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. MeGuire Mechanical Service, Inc. 20715 Holt Avenue West Lakeville, Mn 55044 FINAL ESTIMATE N0. 3 for Sewer & Water Utility Project �136 E.A. Hiekok & Assoc. Ine. 545 Indian Mound Wayzata, I�A1 55391 Professional Services, October, 1982 Moore Lake Restoration Project $16,358.3D $ z,434.63 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MR. SYLVESTER FORMEY RE: PROPOSED DEVELOPMENT AT 8�RD AND UNIVERSITY: Mr. Formey stated he was at the Council's last meeting regarding a housing development at 83rd and University. He stated the Council now has a site plan before them for development of this area and, originally, they had considered development south of 83rd, however, Mr. Barbush is in agreement to develop the land north of 83rd on the site where Mr. Dave Harris had submitted an earlier proposal for housing. Mr. Formey stated the reason he is here this evening is to request a letter from the Council indicating the choiee of this site doesn't conflict with the Comprehensive Plan for the City, and request permission to pursue the rezoning. Mayor Nee stated a hearing was held on the rezoning request by Dave Harris, and he didn't recall any significant opposition to it. He stated this land is indicated for multiple residential use in the Comprehensive Plan, but didn't want to preempt the rezoning process by assuming the rezonin� would be granted. � � , t,OUNCIL MEESING OF NOVEMBER 22, 1982 A� GE 8 Mr, Formey stated their plan would be a little d�.fferent than the one proposed by Mr. Harris because it would be a medium density. He stated they have plans for 40 units, hopefully, to be financed through the Minnesota Housing Finanee Agency. He stated the price for these units would range between $55,000 to $70,000. Councilman Barnette asked if they would only consider construetion of � these units, if they qualified for financing through the Minnesota Housing Finanee Agency. Mr. Formey stated, not necessarily, as Mr. Barbush is interested in developing the entire section of land and hopes to add an additional 60 units of housing after the initial phase of 40 units. Councilman Hamernik felt it was important for a development to have a mix of housing and questioned their plans. Mr. Formey stated 60$ of the units would 6e three bedrooms and the balance in two bedroom units. He stated the prices for the 60 unit complex would fluetuate, but probably some unxts would be in the $8D,000 range. Councilman Hamernik questioned if all the units would be eligible for assistance in finaneing under the Minnesota Housing Finance Agency. H1r. Formey stated a maximum of 40 units would be available for this type of financing. Mayor Nee asked what the petition for rezoning would encompass. Mr. Qureshi, City Manager, stated it would be all the property between 83rd and 85th, except the north 12 aeres which is owned by the YMCA. Mr. �ureshi stated phase one of the project would only involve little over five acres oF the total 22 aere site. � Mr, Formey stated the rezoning request would be for the entire tract as they expect to expand continually. He stated he understands there are soil conditions to be considered as you go north on this site. Mr, Qureshi, City Manager, stated there are really two problems, the soil and the drainage. He pointed out Mr. Harris' proposal was to develop the housing more towards 83rd and the land by the park was more passive and involved with the drainage. Mayor Nee stated what Mr. Formey is requesting is a letter saying this proposal isn�t inconsistent with the Comprehensive Plan and the Council would conaider a rezoning request. Councilman Fitzpatriek stated he felt the letter seems to imply a favorable review in terms of the rezoning. Mr. Formey stated, obviously, they are looking for as positive a statement as possible from the Council. Mr. Formey stated Mr. Harras' proposal for a rezoning had reached the point of a first readang and questioned whether Mr. Barbush could assume Mr. Harris' position or if they had to recommence the rezoning process. L � �./ Oi r�� COUNCIL MEETING OF NOVEMBER 22, 1982 PAGE q Mr. Herrick, Gity Attorney, stated he was not prepared to answer that question without doing some research. He stated some thought would have to be given on the time lapse since notices were sent on the rezoning and he would be willing to take the question under advisement, Councilman Fitzpatrick stated, when the Council was considering Mr. Harris' request for rezoning this area, they were already laoking at a plan that protected the park. Mr. Qureshi stated Mr. Harris' proposal was for multiple housing and if � this is going to be a condominium type of development, it requires rezoning plus a condominium-townhouse development process where there is a definite plan indicatin� where structures are to be located, Mr. Formey stated the final seleetees for financing through the Minnesota Housing Finance Ageney would be made around the first part of January and part of the ma�or criteria is City support. Councilman Fitzpatrick asked the City Attorney to comment on the implications of a statement that the Council would consider rezoning. Mr. Aerrick, City Attoney, stated his first impression is that the Council does consider every petition for s rezoning, and didn't feel the letter implies it wauld 6e �ranted. He felt if the letter would be helpful to Mr. Formey, he didn't see any harm in it. He stated the Council, obviously, is not committed to giving any rezoning until it is passed by at least four members of the Council. Councilman Barnette stated the letter before them basically says the Comprehensive Plan indicates this area for multiple housing and the Gouneil would consider the rezoning request. He stated he felt the housing is needed in Fridley, however, he is sensitive to the ecological concerns. Mr. Formey stated he felt this site ranks high with the Minnesota Housing Finance Ageney and that it stands a good chance for fundirtg. Councilman Hamernick felt there are some voids and this type of development needs an overall plan and his concern is of the type of mixed housing they will provide. Mr. Formey stated he respected Councilman Hamernik's position and they would provide the information needed to make final decisions on what is feasible. MOTION by Councilman Barnette to direct the staff to submit this letter dated November 23, 1982 to Mr. Formey to be provided to the Minnesota Housing Finanee Agency. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. � � COUNCIL MEESING OF NOVEMBER 22, 1982 PAGE 10 Mr. Herrick stated he would do some checkin$ to determine whether the position of this rezoning car. be assumed. He felt, if this is the case, the Council would want a good adea of the overall pro,7ect before a second reading of the rezoning ordinance. Councilman Schneider stated even if this was legal, he wouldn't necessarily be in favor of it. � Ms. Barbara Hughes stated she felt the Springbrook Nature Center Foundation would want to look at this proposed development as they are concerned about drainage. She pointed out the drainage for the projeet Mr. Harris had proposed went directly into the creek whieh they felt wasn't aeceptable. � � She stated housing in addressed. : � • :�l�7�7�� the Foundation agrees with the Comprehensive Plan and for that area, but the drainage problem has to be carefully MOTION by Councilman Hamernik to ad,7ourn 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 City Council of November 22, 1982 ad,7ourned at 9:20 p. m. Respectfully submitted, ,�'�-,�,�,�;�. ���%� Carole Haddad Secretary to the City Council Approved: December 6, 1982 �,,,%1.'�(,.�^{�,i.�„yi^ f. William J. e Mayor � � �-�- "'�Hti�