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03/16/1998 - 00000129THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 16, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None PRESENTATION: PRESENTATION TO COUNCIL SECRETARY, CAROLE HADDAD: Mr. Burns, City Manager, presented a plaque to Carole Haddad, City Council Secretary, for her 21 years of service to the City. She will be retiring on March 31. Ms. Haddad thanked the Council, the City Manager and staff for all their support which made her job so enjoyable. APPROVAL OF MINUTES: COUNCIL MEETING, MARCH 2, 1998: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: Mr. Burns, City Manager, stated that this surplus property is defined as 33,631 square feet of former highway right-of-way that lies between Highway 65 and the Fridley Executive Center site. This parcel should be conveyed to the Housing and Redevelopment Authority and will be included as part of the developable property known as the Fridley Executive Center site. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 2 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. RESOLUTION AUTHORIZING ACCESS AND USE OF RIGHT-OF-WAY FOR THE TH65/CENTRAL AVENUE/LA� POINTE DRIVE INTERSECTION IMPROVEMENT : Mr. Burns, City Manager, stated that this resolution authorizes the use of 31,249 square feet of former highway right-of-way for use in constructing the TH65/Lake Pointe Drive intersection improvement. This parcel and the parcel described under Item 1 of the agenda were once joined together as part of a Minnesota Department of Transportation (MnDOT) right-of-way turnback to the City. It has always been understood that the parcel in Item 1 would be part of the Fridley Executive Center development and that the balance of the parcel, named in this item, would be available for future intersection improvements. This ordinance and the resolution in Item 1 serve to formalize these arrangements. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. RESOLUTION REVOKING AND ESTABLISHING MUNICIPAL STATE AID STREETS: Mr. Burns, City Manager, stated that this resolution revokes 79th Way and 79th Avenue between Main Street and East River Road as part of the City's Municipal State Aid System (MSAS). If the City were to continue to include this segment in the MSAS system, an at-grade crossing would need to be established at the Burlington Northern Railroad tracks. Since Burlington Northern Railroad is not supportive of the crossing and staff can foresee negative traffic impacts from establishing the crossing, it is recommended that this portion of our MSAS system be deleted. Mr. Burns stated that in place of the 79th Avenue/79th Way segment, staff recommended that the West University Service Drive between 79th and 83rd Avenues be substituted. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. RECEIVE THE RECOMN�NDATIONS FROM SPRINGSTED INCORPORATED REGARDING THE SALE OF $1,185,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 1998A: Mr. Burns, City Manager, stated that in 1991, the City issued bonds for financing a number of water system projects including the Highway 65 water tower. These bonds have a call provision that allows the City to make early payment on all FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 3 remaining principal. Springsted is recommending that, in anticipation of the call date (February l, 2000), the City issue refunding bonds at today's interest rates. The proceeds of this new sale will be used to retire the original bond issue at its call date. Through this action, the City will save $121,649.70 in debt service payments. Staff recommends that the Springsted report be received. RECEIVED THE RECOMN�NDATIONS FROM SPRINGSTED, INC. REGARDING THE SALE OF $1,185,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 1998A. 5. RESOLUTION NO. 18-1998 INITIATING THE PROCESS FOR THE SALE OF THE CITY OF FRIDLEY'S GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 1998A: Mr. Burns, City Manager, stated that this resolution was prepared by bond counsel and would begin the process for the sale of the refunding bonds. The refunding bonds will be retired from revenues generated by the City's sale of water. ADOPTED RESOLUTION NO. 18-1998. 6. APPROVE GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE CITY OF FRIDLEY (ONAN CORPORATION) PROJECT): Mr. Burns, City Manager, stated that this agreement contains the terms for the City's administration of the State's Minnesota Investment Fund financing for a project initiated by the Onan Corporation. Under the terms of the agreement, the $360,000 in financing is based on Onan's commitment to create 144 new jobs within two years while maintaining both the 611 jobs that existed at the time the grant application was made for a period of five years. By the terms of this agreement, the City will receive the money from the State and distribute the money to Onan as a loan that will be forgiven if the terms of the State's agreement with Onan are fulfilled. The City's involvement is the establishment of a loan agreement with Onan and the filing of periodic compliance reports to the State. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 79526 THROUGH 79783. 8. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 4 9. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of February, 1998. . Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 . . . . $ 4,250.00 Services Rendered as City Prosecuting Attorney for the Month of December, 1997 ..$15,837.50 No persons in the audience spoke regarding the consent agenda items. Councilman Billings requested that Items l, 2 and 3 be removed from the consent agenda and placed on the regular agenda. Mayor Jorgenson requested that Item 6 be removed from the consent agenda and placed on the regular agenda. MOTION by Councilman Billings to approve the consent agenda with the exception of Items l, 2, 3 and 6. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Items l, 2, 3 and 6 from the consent agenda after Item 11. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Joe Sombrio, 289 Stonybrook Way, stated that WAABI has operated pulls taps at Main Event and Shorewood in Fridley. Over the last seven years they have generated $400,000 in revenue that went to community organizations in Fridley, as well as communities outside of Fridley. It was his understanding that the Italian Club of Minnesota and the Minnesota Youth Boxing Association plan to sell pull tabs at these establishments in Fridley. He wanted to make sure that there were no illegal activities if these new FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 5 organizations come into the City. He would like WAABI to be grandfathered because of their support of organizations in the City. He understands that only five percent has to be given to Fridley from these pull-tab operations. WAABI currently gives 55 percent. Councilman Billings stated that when the City initially prepared the ordinance, a certain percentage of the funds generated from the pull-tab operation were to be spent in Fridley. The State statutes, however, take precedent over City ordinances. Those statutes provide that a percentage of the proceeds must be returned to the community or cities that are contiguous to Fridley. Councilman Billings stated that the Minnesota Department of Gaming has control over the pull-tab operations. If there is evidence of any illegal activities it should be reported to the Gaming Department. Councilman Barnette stated that WAABI was a major contributor to the Excel and scholarship programs at the Fridley High School. He felt that Mr. Sombrio should talk with the Main Event and Shorewood on this issue. Mr. Sombrio stated that he did not wish to infer these organizations are doing anything illegal. Before any licenses are granted Council should know where the organizations will be distributing their proceeds. Mr. Knaak, City Attorney, stated that Councilman Billings was correct in that the areas where these funds are distributed are controlled by State statutes. How these funds are allocated depends entirely on the decision of the participating organization, as long as they comply with the State statute regarding the distribution. However, there is a provision in the State statute that allows the City to take up to ten percent of the proceeds dedicated to a special fund. Unless there is evidence of wrong- doing it is impossible for the City to hold up the licensing process. Mr. Sombrio stated that Fridley youth programs have benefited from WAABI's contributions. Whatever can be done to ensure that those contributions to the youth in Fridley continues would be appreciated. Councilwoman Bolkcom stated that she would encourage the youth and their parents to contact those businesses regarding their concern. Councilman Schneider stated that everyone is very supportive of WAABI. The reality is that there is not much Council can do regarding the licensing. It was the consensus of Council that the provision of ten percent to a special fund should be reviewed. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 6 OLD BUSINESS: 10. SECOND READING OF AN ORDINANCE REPEALING CHAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND ADOPTING A NEW CHAPTER 407, ENTITLED "RIGHT-OF-WAY MANAGEMENT" AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES" .`� � AUTHORIZING PUBLICATION OF OFFICIAL TITLE AND SUNII�IARY: Mr. Flora, Public Works Director, stated that the League of Minnesota Cities, the Suburban Rate Authority, and the City Engineers Association of Minnesota worked on a model ordinance to satisfy the 1997 legislative requirements for managing the public right-of-way. The purpose of the ordinance is to ensure proper restoration of the streets and boulevards when it is necessary for utility companies to make cuts. The Legislature established that the right-of-way was the City's responsibility and allowed the City to issue permits, plan restoration, address franchises, and establish construction standards. In addition, it provided for joint application of work, denial of permits, mapping, and a user fee except for telecommunication activities. Mr. Flora stated that a public hearing was held on this ordinance, and a first reading of the ordinance was held on March 2. There were a number of issues raised at the public hearing, as well as the time of the first reading of the ordinance. A meeting was held with representatives from Minnegasco, Northern States Power and Paragon Cable addressing these concerns. Some changes have been made in the ordinance by adding language and deleting some sections of the ordinance. Mr. Flora stated that he would expect there may be additional changes to this ordinance in the year 2000 after the Public Utilities Commission completes their work on this right-of-way issue. In the meantime, the City needs an ordinance to control the right-of-way and recoup the costs the City is spending in those operations. The ordinance addresses these issues as well as those brought up by the utility companies. Mayor Jorgenson stated that she received telephone calls regarding the fee structure and the mapping. Mr. Flora stated that the plans are reviewed by various departments and then a permit is issued. In conjunction with the permit, inspections are conducted during the course of a project. The fees are to recoup the City's costs. With regard to the mapping, it is proposed that the City recoup the costs for entering into the GIS system the location of lines. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 7 Mr. Flora reviewed the right-of-way fees for excavation, obstruction, extensions, delay penalties, and degradation, as well as user fees. Councilman Schneider asked if there would be only one fee if a single trench was dug and used by all the utility companies. Mr. Flora stated that only one fee would be charged. If there is a City project, a company can do their necessary work at the same time and there would be no fee. There were questions raised about the fees if there was an emergency situation. Mr. Flora felt that in the case of a major storm Council would probably have to look at these fees in a different light. There was discussion regarding the amount of time involved for permits. Mr. Flora stated that the Police, Fire, Engineering Departments, and sometimes the Community Development Department, have to review these requests. After review of the plan, inspections by City staff are involved as the project proceeds. Councilman Billings asked if a permit would be required if utility companies were working in the street and needed to block a lane. Mr. Flora answered in the affirmative. He explained that any digging in the boulevard or pavement is considered an obstruction. If it is strictly a service call, it does not require a permit. Mayor Jorgenson asked the City Attorney to explain why the telecommunications industry is exempt. Mr. Knaak, City Attorney, stated that, historically, a franchise is granting authority to an entity to use public right-of-way to provide an important key service. It is more than a contractual arrangement and, typically, is an ordinance outlining requirements that must be met. Councilman Schneider stated that once the Public Utilities Commission enacts their legislation some modifications may be needed to this ordinance if it is adopted. Mr. Flora stated that he did not expect any major changes but only some minor fine tuning of the ordinance. Councilwoman Bolkcom stated that the fees proposed for Fridley are quite a bit higher than those in Edina. She questioned if the taxpayers were subsidizing some of the fees. Mr. Flora stated that this could be possible and would account for the lower fees if some of the fees are subsidized. Part of the problem is that in the 1980's the utility companies had their own FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 8 employees doing the repair work so that any problems could be worked out. Today, this is not the case. It is hard to coordinate efforts when a problem arises because of the different contractors that may be involved. Councilman Schneider stated that he was concerned about comparing the City's fees with other communities. There are many factors that could enter into this difference such as how they maintain their data base and the infrastructure. Mr. Flora felt the proposed fees were reasonable with regard to the amount of time for processing these permits. Councilman Schneider stated that data could be analyzed over a six- month period to make sure the fees truly reflect the cost to the City. Mr. Flora stated that there is a routing system that would make it possible for everyone to keep track of their hours. Councilman Billings felt whether all facilities Section 407.07 the $1 was lanes or street lanes. that Section 407.22 was not clear as to should be underground. Further, under omitted. Also, he found no definition of Councilman Billings stated that the City of Edina may be recovering their costs from franchise fees, and taxpayers may not be subsidizing the utility companies. However, he felt that the proposed fees have increased tremendously. He found it difficult to believe that a utility company could have a permit to cut three holes, perform the work in eight hours, and then it takes twelve hours to inspect the work. Mr. Flora stated he felt it would be impossible for a utility company to cut and restore three holes in an eight-hour period. Councilman Billings asked how many permits were issued last year for excavation. Mr. Flora stated that there were about sixty. However, with Minnegasco's lines, any two cuts within a 200 foot area is considered only one. That is also a policy associated with the adoption of the ordinance. Councilman Billings asked if this policy was included in the ordinance. Mr. Flora stated it is a policy that the City adopted associated with implementing the ordinance. Copies were given to the utility companies. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 9 Councilman Schneider stated that he had a problem with the definition of obstruction which is defined as digging a hole. He asked if this would be enforced consistently and not arbitrarily. Councilman Billings asked if Council could, in a franchise agreement, negotiate terms and conditions that would specifically address the manner in which companies would leave property and the costs they would pay over and above the franchise fee for any work they conducted. He asked if there could be some negotiations with Northern States Power and Minnegasco to cover the City's costs. He wanted some serious consideration given to companies that have a franchise agreement with the City and who pay a franchise fee, to be exempt from certain conditions of this ordinance. If there are companies that do not have a franchise agreement with the City, Council could adopt fees to ensure the quality of the work to be done. Councilman Schneider felt that companies with franchise agreements with the City should take precedent over this ordinance. Councilman Billings stated that the City has a franchise agreement with Minnegasco, but there is no franchise fee. This would need to be addressed. Franchise fees are being collected from Paragon Cable. Possibly a certain portion of those fees could be allocated to the recovery of the City's costs. The franchise agreement, as well as the franchise fee, would need to be addressed with Northern States Power. Council may want to re-adopt the fees from last year on a short-term basis. Mr. Burns, City Manager, asked Councilman Billings if he felt that Section 407.03, paragraph two, was addressing his concerns. Councilman Billings felt it should be reviewed by the City Attorney, as he felt it was not clear as to what it means in terms of the franchise fee. Councilman Billings stated that he was unclear as to how obstruction permit fees are calculated and if wires can be replaced overhead or if they need to be underground. MOTION by Councilman Barnette to receive the letter from Northern States Power dated March 16, 1998. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. There was a consensus of the Council that possibly the policy should be included as part of the ordinance or as a reference. MOTION by Councilman Billings to table this item and refer it back to staff. Further, that this matter be re-submitted to Council no later than April 20, 1998. Seconded by Councilwoman Bolkcom. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 10 UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: 11. RESOLUTION NO. 19-1998 REQUESTING NO PARKING ON CENTRAL AVENUE 350 METERS NORTH OF TRUNK HIGHWAY 65: Mr. Flora, Public Works Director, stated that this resolution specified no parking on Central Avenue for 350 meters north of TH 65. Councilman Schneider asked if this resolution allows for additional parking restrictions. Mr. Flora stated that the County did install "No Parking" signs on Old Central Avenue in 1983, but there is no documentation. This resolution deals with the first 350 meters associated with the improvement of the intersection. No persons in the audience spoke regarding the no parking restrictions on Old Central Avenue. MOTION by Councilman Schneider to adopted Resolution No. 19-1998. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ITEMS FROM THE CONSENT AGENDA: 1. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: Councilman Billings stated that he understands this parcel was vacated by Council in 1987. The resolution, which is Item 2 on the agenda (to grant the use of the right-of-way) is what the City already vacated. He asked who owns this parcel. Ms. Dacy, Community Development Director, stated that this parcel was part of a larger parcel and was deeded to the City from MnDOT as a"turnback" parcel. However, there does not appear to have been an ordinance which declared the vacated property "excess" to enable the City to convey it to the Housing and Redevelopment Authority. This ordinance is necessary in order to quit claim the vacated right-of-way to the HRA. The area will also be included as part of the lot in the final plat. Ms. Dacy stated that the resolution (Item 2 on the agenda) and the attached Exhibit A refer to the area where the City did not vacate its interest to continue for highway purposes. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 11 Councilman Billings stated that it was difficult to tell from the drawing, as they are at different scales. He wanted to clarify if the parcels are adjacent to each other. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 2. RESOLUTION NO. 16-1998 AUTHORIZING ACCESS AND USE OF RIGHT-OF- WAY FOR THE TH65/CENTRAL AVENUE/LA� POINTE DRIVE INTERSECTION IMPROVEMENT : MOTION by Councilman Billings to adopt Resolution No. 16-1998, with attached Exhibit A. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 3. RESOLUTION NO. 17-1998 REVOKING AND ESTABLISHING MUNICIPAL STATE AID STREETS: Councilman Billings asked if there would be any fees associated with the removal of 79th Avenue/79th Way between Main Street and East River Road as an MSAS street, and the redesignation identifying University West Service Drive between 79th and 83rd Avenues as an MSAS street. Mr. Flora, Public Works Director, stated that in the past the City has not paid any fees with other streets that have been turned back. The street was built in the 1960s. If there are any fees associated with this turnback, they would be minimal. This will have to go through the process with MnDOT before it is known if any fees are involved. MOTION by Councilwoman Bolkcom to adopt Resolution No. 17-1998. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 6. APPROVE GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE CITY OF FRIDLEY (ONAN CORPORATION PROJECT): MOTION by Councilman Schneider to approve the grant agreement between the State of Minnesota, Department of Trade and Economic Development and the City for the Onan Corporation project. Seconded by Councilman Barnette. Upon a voice vote, Councilman Schneider, Councilman Barnette, Councilman Billings, and Councilwoman Bolkcom voted in favor of the motion. Mayor Jorgenson abstained from voting on the motion. Mayor Jorgenson declared the motion carried by a four to one vote. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 12 12. RESOLUTION NO. 20-1998 APPROVING AND ADOPTING A DEER POPULATION MANAGEMENT PLAN FOR THE MINNEAPOLIS WATERWORKS: Mr. Dave Sallman, Public Safety Director, stated that the Minneapolis Waterworks approached the City with a problem regarding the deer herd on their property which totals about thirty (30). Meetings were held, and recommendations were submitted on how the herd should be reduced. If there was to be a deer harvest, safety recommendations were made to make sure it would be safe for persons outside the Waterworks property. Mr. Sallman stated that, as Public Safety Director, he can approve the discharge of weapons, but he does not have authority over the ordinance that deals with hunting in the City. An indemnification agreement was received from the City of Minneapolis relating to the deer harvest. Staff recommends approval. There were representatives from the Department of Natural Resources and Minneapolis Waterworks, as well as the City's Naturalist, to answer any questions. Councilman Schneider asked why rifles were used at Springbrook Nature Center for a deer harvest and why they would not be used at the Waterworks. Mr. Sallman stated that rifles were used at Springbrook Nature Center after the Nature Center had closed for the day, and after there was no one on the property. Firearms would not be used on the Waterworks property since employees may be on the property at all times. Councilman Billings asked if this was a deer management plan that will last for a period of time. Mr. Sallman stated that the plan is to keep the deer herd at a certain level. If there is a need for future reduction, he would come back to Council for approval. Councilman Billings asked if this would be a reduction of the deer herd to zero or a manageable level. He also questioned if the area is totally enclosed or if it is possible for additional deer to migrate into the area. Mr. Sallman stated that the Department of Natural Resources (DNR) would issue a permit regarding the number of deer that can be removed. This amount could not be exceeded. Mr. Siah St. Clair, Naturalist, stated that the deer are wild animals living off the natural habitat. Their only known predators in the community are automobiles and trains. Mr. Jim Ring, representing the Minneapolis Waterworks, stated that he counted 31 deer on the property last week. Chasing them out of FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 13 the compound does not work. The deer return, and the population continues to grow. The habitat will not support a deer heard this large. Mayor Jorgenson stated that some people perceive this to be a zoo of some sort or a reserve of animals, and they have strong reservations regarding the method of kill. She questioned if it is humane to reduce the herd and then allow them to breed again within a confined site. Ms. Kathy DonCarlos, Assistant Area Wildlife Manager for the DNR, stated that in areas where cities have determined it is inappropriate or not advisable to discharge weapons, the DNR places more responsibility on the municipality to manage that situation. In determining deer populations, the rule of thumb is that most municipalities will tolerate 15 to 25 deer per square mile. Deer are managed at lower levels of 7 to 11 per square mile where the vegetation is necessary to protect the ecosystem. Ms. DonCarlos stated that in using the basis of 15 to 25 deer per square mile, the area being discussed would support approximately 5 to 8 deer. The amount of habitat available for year-around support reduces this to 1-1/2 to 3 deer per square mile. If you want to protect the understory, it is about 1 deer per square mile. The DNR does not support chasing the deer from this area, as it will increase the density elsewhere. Ms. DonCarlos stated that the survival rate would be very low if the DNR tranquilized the deer and relocated them to another area. The procedure is not without risk, as there is a physiological reaction. A wild animal in this state is vulnerable to predators. Councilman Billings stated that even though the death of the deer is pretty drastic, the DNR feels it is the most humane way of reducing the herd. Councilwoman Jorgenson questioned if there were any effective birth control methods for deer. Ms. DonCarlos stated that hormonal birth control methods done in the eastern part of the United States resulted in permanent changes in the animal. This places humans at risk if ineat is ingested and the animal is at high risk for cancer. There is also a vaccine, but it requires two injections which means the deer have to be identified. She felt that it was not a good option, but she hoped that there would be a one-time vaccine in the future. Ms. Linda Hatfield, 4901 Second Avenue S., Minneapolis, Friends of Animals and Their Environment, stated that she never had an opportunity to address this issue at the Minneapolis City Council meeting. She felt that bow hunting was cruel and inhumane, as the animals suffer and die through hemorrhaging. She felt that the FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 14 gates could be opened to disperse the deer to other areas along the natural corridor of the river. She saw five deer that looked healthy and did not appear to be starving. Ms. Hatfield felt that the bow hunting was a short-term fix and a cruel way to address the problem. She thanked Mayor Jorgenson for the response to her letter, and she asked the City to look at a deer management program. Councilman Schneider asked Ms. Hatfield if her preference would be for rifles, rather than bow and arrow. Ms. Hatfield stated that her group is opposed to bow hunting. She has served on task forces that addressed deer management programs. She would like the City to consider other options and have people stop feeding the deer. Mr. Randy Khoury, member of the Natural Mississippi River Advisory Board for the City of Minneapolis, stated that there is not a wildlife management plan for the metropolitan area. With respect to the DNR, they issue hunting licenses. If this river corridor cannot support 30 deer, there is a problem. He has not heard of any plan to restore plant life to support the deer. He felt this approach should be taken. Mayor Jorgenson asked how many deer there are currently in the City. Mr. St. Clair stated that an aerial survey showed 13 deer in the north end of the City, that includes Springbrook Nature Center, and 23 deer on Durham Island near Islands of Peace. He did not have a count for the area south of I-694. However, the counts are down from about 50 to 60 deer in the whole area to about 40. Ms. Julie Durbey, Volunteer with the Animal Rights Coalition, stated that there is a program on Channel 6 which addresses bow hunting and how it is inhumane and inappropriate. The deer at the Waterworks are very tame, and the first option is to get them out of this area. There should be an opportunity to explore other methods. She felt bow hunting was not ethical. Ms. Mary Rittenhouse, north Minneapolis, stated that she felt the DNR had a stronghold on deer management. She felt it was time to consider other ways of dealing with these issues. There should be a way to do something intelligently rather than violently. Mr. Curtis Carlson, 1129 Washington Street N.E., stated that this would not be a hunt, it would be a slaughter. He felt the Waterworks employees created the deer problem by feeding them. There have been numerous road kill, there are no signs posted, and the speed limit is totally violated. If the fence were to be lowered, the deer could move from one area to another. Mr. Carlson stated that he is not opposed to hunting, but he can't believe bow FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 15 hunting should be support more than determined how much allowed the herd to would leave. considered. He felt this area could easily one or two deer. He thought it should be feeding was done by Waterworks employees that grow. He felt that if no one fed the deer they Mr. Jim Ring stated that he understands this is an emotional issue. Waterworks is not trying to take on the job of the DNR. He has worked there for eleven years, and the deer have not been there a long time. It has been rare to see a deer. Lowering the fence would defeat the security. He is a resident of Fridley and would appreciate approval of this plan. Councilman Schneider asked why bow hunting is proposed versus sharp shooters. Mr. Ring stated that their land is narrow, and there are employees on the site seven days a week, 24 hours a day, 365 days a year. He would not want to put any employee in jeopardy by having rifles being fired. Employees have to check gauges on an hourly basis on some of the unmanned stations. Employees that would be working in these areas expressed concern about high powered rifles being used. Councilman Schneider stated that this seems like a sporting event and not a deer management program. He agreed that if it was necessary to reduce the deer herd that it should be done as painless as possible. Councilwoman Bolkcom asked why the decision was made for bow hunting versus rifles. Ms. DonCarlos stated that they are finding that archery is a more effective tool in certain situations. It is recommended in situations where there is sensitivity as far as proximity to residents. As far as the humaneness of rifles versus bow hunting, studies have been done. The killing time between a shot and an arrow is a difference of about seven seconds and the run is about thirty yards. When an agency brings in the Metro Bowhunters Resource Base people they are very carefully screened and directed as to the type of shots and distance. Mayor Jorgenson stated that rifles could have been used in this area; however, the primary reason for using bow and arrow was because the employees did not want to hear the animals that were being killed. This contradicts them feeding the animals and allowing the herd to grow. It is a question of how these animals will be treated. Ms. DonCarlos stated that it would be a humane method of removing animals. As far as why the Minneapolis Waterworks did not want to use sharpshooters, there is a cost involved. The DNR has issued permits in situations where agencies have requested bow hunting and FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 16 has no problem with it, as the hunts are conducted in a humane and safe manner. Councilman Barnette asked how wounded animals would be tracked and if they would be dressed on site. Ms. DonCarlos stated that as far as wounding, there would not be any unrecovered deer. Also, the animals would be dressed in the field. Councilman Barnette asked if the kill rate is the same with the rifle versus the bow hunting. Mr. Mark Graham, Director of the Metro Bowhunters Resource Base, stated that all the shots would be from elevated stands and limited to no more than 20 yards. The persons selected for this operation will have been through training. They also would have to demonstrate a proficiency with the bow and arrow and taking animals through their programs. The people are donating their time and not allowed to take hide, hair, or meat. The reason the organization exists is to demonstrate that bow hunting can be an efficient and effective method for deer removal. It is an emotional issue. Given another alternative, he would personally rather use this method. He could provide documents from other cities to address the issues of safety and wounded deer. Mayor Jorgenson asked how they choose the participants. Mr. Graham stated that those who would participate have completed the advanced bow hunters course, as well as the ethics and shooting proficiency tests. They choose people through a lottery system, but they are very careful in how they select these persons. Mayor Jorgenson stated that there was a memorandum on the potential cost to the City of Minneapolis that was considerable. She questioned if that was one of the determining factors in using the archery association. Mr. Ring stated that this was a factor, and there would be no cost to the City of Minneapolis. Councilman Schneider felt that other options should be reviewed. He did not care if it costs the City of Minneapolis more to take care of this problem. Mayor Jorgenson stated that the herd would have to be reduced to the point where the deer will not continually remove all the understory which means down to a low level. Mr. Yasser AbouAish, Superintendent of the Waterworks, stated that he does not claim to be an expert in deer herd management and relies on the DNR for that information. The level of reduction FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 17 they are trying to achieve is not based on deer reduction every year. Chasing the deer out of the complex would not be responsible, as it will add to someone else's problem. Lowering the fence will jeopardize their employees, and he would not support this suggestion. He did not think the City of Minneapolis would support allowing sharpshooters to conduct a deer thinning program because their facility operates 24 hours a day. There are facilities that are not staffed and personnel need to check. MOTION by Councilman Billings to adopt Resolution No. 20-1998 and authorize the necessary documents pertaining thereto. Seconded by Councilman Barnette. Councilman Barnette stated that as disgusting as it is to kill deer, this seems to be the option that is the most humane. Whether it be by bow and arrow or rifle, he felt that with the closeness of the shoot, either method will be just as lethal. There is less opportunity for a stray arrow to do damage than a bullet. He supported the Minneapolis plan. Councilman Barnette stated that, philosophically, we already agreed that killing deer for management is appropriate because the City allowed it at Springbrook Nature Center. Councilman Schneider stated that he voted against the deer reduction at Springbrook Nature Center the first year. However subsequently, he has supported it. Some time should be given to review the other options. He did not believe this was deer management. The City's heritage is that we care about natural resources and exploring every possible option. He cannot support this resolution, as he has to do what he feels is right. Councilwoman Bolkcom stated that it is doubly hard when people have an attraction to the deer and feed them. She has heard from the DNR what would be acceptable, and it does not seem there are other options available. The DNR stated that if the deer were removed from the area some would die being transported, and there is the question of survival in a different environment. Mayor Jorgenson stated that this is a difficult issue because she comes from a family of hunters. However, she has a difficult time with the number of deer within the facility. She felt they are thought of as domesticated pets, rather than wild animals. She felt the City did not have much choice but to reduce the herd. She encouraged the Waterworks personnel from treating these animals as domestic pets only to watch them be slaughtered year after year. The deer outside these boundaries roam free in the City. Deer herds have been thinned to protect and prevent injuries to our residents. She also encouraged the persons interested in deer management to work with the Minneapolis City Council in trying to assure that this does not keep repeating itself. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 18 Councilman Schneider asked if this management plan was a one-year plan. Mr. Sallman stated that the intent is to have a continuing plan the same as the City's plan. Council would be notified if it was the intent to enact the plan on a given year, but it would not necessarily need approval. Mayor Jorgenson stated that her concern is that this does not become a private hunting reserve. Councilwoman Bolkcom stated that they would not allow the participants to take the deer, and the participants are not paying to participate. MOTION by Councilman Schneider to amend the resolution by adding the words "for 1998" at the end of the fifth paragraph. Seconded by Councilman Billings. Mr. Knaak stated that, in essence, Council is granting a variance. Unless it is specified that the variance would be reviewed it would continue. To rescind it would take a public hearing and due process. An alternative would be to restrict the initial resolution to provide for some review. Councilman Schneider asked if the amended motion provided for a one-year term. Mr. Knaak stated that it does not because simply to refer to 1998, does not change the resolution in the manner suggested. Language could be added to the effect that this resolution would be reviewed annually, semi-annually, or every five years by the City for it to be effective beyond this date. Added language would limit this to a variance for a period of years. Councilman Billings stated that another alternative would be to add language to say that this variance would continue; however, Council would be notified whenever the deer management plan is to take effect. This gives the option of re-submitting some controls by establishing a modification clause so Council is aware of the future application of this variance. Mr. Knaak stated that language could be added to the effect that the approval and authority granted under this resolution shall expire on December 31, 1998. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted nay, except Councilman Barnette. Mayor Jorgenson declared the MOTION FAILED. MOTION by Councilman Schneider to amend the resolution by deleting the words "BE IT FURTHER RESOLVED" in paragraph six and combine paragraphs five and six. Further, to add the following paragraph FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 19 to this resolution to read as follows: "BE IT FURTHER RESOLVED that the approval and authority granted by this resolution shall expire on December 31, 1998. Also, to change the title of the resolution by adding the following words: "for the year ending December 31, 1998." Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Schneider, Councilwoman Bolkcom, Councilman Barnette, and Mayor Jorgenson voted in favor of the motion. Councilman Billings voted against the motion. Mayor Jorgenson declared the motion carried by a four to one vote. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION TO ADOPT RESOLUTION N0. 20-1998, Councilman Barnette, Councilwoman Bolkcom, and Mayor Jorgenson voted in favor of the motion. Councilman Billings and Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion carried by a three to two vote. 13. 1998 APPOIN'I'MENTS TO CITY COMMISSIONS: MOTION by Councilman Billings to table this item. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 14. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that due to the lateness of the hour, he will not be having the department managers review their goals and objectives. It was agreed Council would meet March 30, 1998 to review these goals and objectives. Councilwoman Bolkcom stated that volunteers are need to work on the 50th anniversary task force. Anyone interested should contact the City Manager at 572-3500. Councilman Barnette stated that Sue Anne Kirkham has agreed to be the spearhead for the proposed all-class reunion of Fridley High School, combining this with the Fridley `49er Days parade. This will be the 40th reunion of the first graduating class from Fridley High School. It is proposed that members of each class drive a vintage automobile in the parade. He suggested that persons interested in working on this event should contact Sue Anne Kirkham at City Hall. The number is 571-3450. Councilwoman Bolkcom stated that Council received petitions from persons concerned about youth basketball and asked if this issue had been resolved. Mr. Burns stated that the plan is to move the youth basketball to Monday night so there is not a conflict with Wednesday night church. The people playing volleyball on Monday nights had no problem with moving to Wednesday night. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 20 r_�.�rt•lia:�� r � �`� w MOTION by Councilman Barnette to adjourn the meeting. Councilman Schneider. Upon a voice vote, all votin Jorgenson declared the motion carried unanimously and Meeting of the Fridley City Council of March 16, 1998 11:40 p.m. Respectfully submitted, Seconded by g aye, Mayor the Regular adjourned at Carole Haddad Nancy J. Jorgenson Secretary to the City Council Mayor