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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF FEBRUARY 28, 2005
7:30 p.m. - City Council Chambers
Attendance Sheet
Please nrint name address and item number vou are interested in.
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CI7'Y 4F
FRIDLEY
CITY COUNCIL MEETING OF FEBRUARY 28, 2005
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in
its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status,
sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one
week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 14, 2005
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSfNESS:
Variance Extension Request, VAR #04-01, by
Kevin and Paulette Holman, to Increase the
Maximum Size of a First Accessory Structure from
1,000 Square Feet to 1,168 Square Feet, and to Allow
an Accessory Structure to Exceed 100% of
the First Floor Area of a Dwelling Unit, to
Allow the Construction of a 1,168 Square Foot
Detached Garage in the Rear Yard, Generally
Located at 571 — 79th Way N.E. (1Nard 3) .........................................................
2. Claims ....................................................................................................... 2
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28, 2005 PAGE 2
ADOPTION OF AGENDA.
OPEN FORUM (VISITORSI: Consideration of Items not on Agenda —15 Minutes
PUBLIC HEARING:
3. NPDES Annual Update ...................................................................................... 3
OLD BUSINESS:
4. Resolution of the City of Fridley, Minnesota, Denying
Renewal of Time Warner, Inc.'s Cable Television
Franchise (Tabled February 14, 2005) _
............................................................... 4 8
5. Second Reading of an Ordinance Amending
Chapters 602, 603 and 606 of the Fridley City Code
Pertaining to Licensed Establishments Serving
Beer or Intoxicating Liquors, Prohibiting Certain
Conduct Therein _
................................................................................................ 9 10
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NEW BUSINESS:
6. Informal Status Reports . .................................................................................... 11
ADJOURN.
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CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 14, 2005
The City Council meeting for the City of Fridley was called to order by Mayor Lund at
7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Bolkcom
Councilmember Wolfe
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Don Abbott, Public Safety Director
Brian Weierke, Police Captain
Rebecca Brazys, Recording Secretary
CONSENT AGENDA:
APPROVAL OF MINUTES:
Closed City Council meeting of January 24, 2005.
APPROVED
Administrative Hearing of January 24, 2005.
APPROVED
City Council meeting of January 24, 2005.
APPROVED
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2005 PAGE 2
OLD BUSINESS:
1. Receive Bids and Award Contract for Springbrook Creek Restoration
Project No. 358 (Tabled January 24, 2005).
Dr. Burns, City Manager, explained that the bids for this project were received on
January 24, 2005, and the lowest bid was from G.I. Contracting, Inc. Since the low bid
was $102,000 over the funding available, staff asked Council to table the award. Since
the January 24 Council meeting, staff has worked with the low bidder to redesign certain
parts of the project which has resulted in a savings of $39,000. Staff also called upon
the participating cities to request the full amount of each city's pledge made in 2000
which brought in another $60,503. The Six Cities Watershed District has agreed to
provide an additional $4,150 and the Springbrook Apartments have agreed to an
additional cash contribution of $2,500. The new revenues ($67,103) will be used to
bring total revenues ($210,505 plus $67,103) to $277,658. The $39,000 reduction in
construction expenditures brings the construction cost to $264,635. To that must be
added $8,040 in costs for construction engineering services which brings the total costs
to $272,675. This total includes $10,000 contingency for change orders. The $277,658
in revenues minus $272,675 in expenditures leaves us with a surplus of $4,983.
Dr. Burns stated that staff recommends that Council remove this item from the table and
award the contract to the low bidder, GL Contracting, Inc., of Medina, Minnesota, in the
amount of $264,635.10. Staff also recommends that Council approve the construction
services contract in the amount of $8,040 with WSB Engineering of Minneapolis,
Minnesota.
APPROVED.
NEW BUSINESS:
2. Preliminary Plat Extension Request, PS #04-04, by Park Construction
Company to Replat Multiple Parcels to Create One Lot, Generally Located
at 30-915t Avenue N.E. (Ward 3).
Dr. Burns, City Manager, explained that Council approved a preliminary plan for this
property on August 23, 2004. Since then, Park Construction has obtained adjoining
property to the south of the subject parcel. The petitioner is seeking a six-month
extension of his preliminary plat. This will give him time to include the newly acquired
property in the newly created plat. Staff recommends Council's approval.
APPROVED.
3. Approve 2005 Agreement for Residential Recycling Program between the
City of Fridley and the County of Anoka.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2005 PAGE 3
Dr. Burns, City Manager, stated this agreement defines Fridley's recycling
responsibilities, establishes reporting requirements, and identifies $61,071.10 in
SCORE funds, as well as the billing procedure to be used for Fridley's reimbursement of
eligible costs. Due to fluctuations in numbers of households in cities throughout Anoka
County, Fridley's 2005 SCORE reimbursement will be $656.82 less than the amount
received in 2004. Staff recommends Council's approval.
APPROVED.
4. Receive Bids and Award Contract for the Repair of Well Nos. 3 and 6.
Dr, Burns, City Manager, stated staff is recommending that the contract for
redevelopment of Wells 3 and 6 be awarded to the low bidder, Bergerson-Caswell, Inc.,
of. Maple Plain, Minnesota, in the amount of $70,776. Although only $60,000 was
budgeted in the 2005 Capital Improvements budget for these repairs, staff expects that
the actual cost will be within budget. The bid amounts are "not to exceed" amounts and
are based on replacement of all parts of the well. Typically well redevelopment
programs do not result in replacement of all well parts and usually result in a savings.
Staff recommends that the bid for well redevelopment be awarded to Bergerson-
Caswell, Inc., in the amount of $70,776.
APPROVED.
5. Resolution Receiving Final Plans and Specifications and Ordering
Advertisement for Bids: 73�d Avenue Mill and Overlay Project No. ST.
2005-2.
Dr. Burns, City Manager, stated that $100,000 has been budgeted in the 2005 Capital
Improvements budget for the mill and overlay of the portion of 73�d Avenue that runs
between Able Street and Highway 65. This cost is reimbursable from the "needs
allocation" portion of the State Aid construction funds. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2000-12.
6. Resolution Authorizing Changes in Appropriations for the 2004 Budget
Dr. Burns, City Manager, explained these are changes that occurred in the last
two months of 2004. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-13.
7. Appointments — City Employees.
Dr. Burns, City Manager, recommended the appointment of Matthew Noren as Patrol
Officer and Tammy Christiansen as Accounting/Data Processing Clerk/Cashier.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2005 PAGE 4
APPROVED.
8. Claims (120227 —120554)
APPROVED.
9. Licenses.
APPROVED LICENSES AS SUBMITTED AND AS ON FILE.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve
the consent agenda as presented.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Billings, seconded by Councilmember Barnette, to approve
the agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS): Consideration of items not on agenda (15 minutes).
Don Anderson, 7304 West Circle N.E., asked why trees were being cut down on the
corner of 73�d and Baker Street.
Mr. Haukaas, Public Works Director, said a building is being constructed on that site so
the land had to be cleared.
NEW BUSINESS:
10. First Reading of an Ordinance Amending Chapters 602, 603, and 606 0# the
Fridley City Code Pertaining to Licensed Establishments Serving Beer or
Intoxicating Liquors, Prohibiting Certain Conduct Therein.
Captain Brian Wierke stated the City had received a complaint regarding ultimate
fighting taking place in some of the liquor establishments in the City. In November,
2004, a 25 year old male was badly beaten and suffered life-threatening injuries outside
an ultimate fighting event and alcohol was involved. In Minnesota, ultimate fighting is
unregulated by the state or by any professional associations. There have been other
minor incidents related to ultimate fighting events. According to the Illinois Department
of Regulation, 12 people have died after participating in these types of events and 12
states severely restrict or ban these types of competitions. Experience sho.ws that
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 5
when you mix a violent sport and alcohol, poor choices are made. Alcohol removes the
inhibitions people have and contributes to people wanting to emulate the fighters. At
this time, West St. Paul is the only Minnesota city to ban combative sports such as
ultimate fighting. There are no other professional sporting events in Fridley where
alcohol is served. This proposed ordinance amendment will not ban combative sports
but will separate those events from the serving and consumption of alcohol. The
question of ultimate fighting was included in the 2003 Council/Commission survey and
the results indicated strong support for regulating these events. The City of Fridley is
committed to Values First and non-violence is a key value. This proposal would
eliminate combative sports from those establishments that hold beer or liquor licenses
listed in Chapter 602, 603 and 606. The amendment will read as "No licensee shall
permit in any licensed establishment or any adjoining property owned or leased by the
licensee any boxing, wrestling, or any other form of entertainment whose primary
purpose is physical contact by striking or touching an opponent with hands, head, feet
or body. Team sports in which physical contact is incidental to the primary purpose of
the game, such as basketball, volleyball, soccer, football, and softball are not included
among activities prohibited by this section. This ordinance will also apply to any license
issued under Chapter 602 and 603." Staff recommends approval of the first reading. If
it is approved, staff recommends holding the second reading on February 28, 2005.
Councilmember Wolfe asked if it is necessary to include hockey in the list of sports not
affected by this amendment.
Captain Weierke responded the sports listed were just examples.
Councilmember Billings stated about a year ago the Police Department presented a
different ordinance to the Council for the regulation of ultimate fighting. At that time
some people promoting this sport were going to get back to the City regarding forming a
commission to oversee this activity. He asked if that had been done.
Captain Weierke responded that in November, 2004, he met with one of the promoters,
Mike Riley, to discuss an ordinance proposed earlier. Mr. Riley was supportive of the
ordinance but had finro major concerns; liquor being served and minors being allowed to
attend.
Councilmember Billings asked why staff is now recommending a different approach
instead of passing an ordinance that would regulate ultimate fighting.
Captain Weierke stated after meeting with the City Attorney and the City Manager, they
decided that it would be very difficult for the City to regulate the entire sport. Staff is not
against ultimate fighting itself but is opposed to mixing it with alcohol.
Councilmember Billings commented that Minnesota does not regulate boxing, wrestling
or ultimate fighting so the City would be "out there all by ourselves" if the Council chose
to regulate this sport.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 6
Councilmember Barnette asked if this amendment is approved and the ultimate fighting
group decides to rent a facility such as Columbia Arena to hold an event, could they do
so?
Captain Weierke responded they could have ultimate fighting events in Fridley but not in
any of the liquor establishments.
Mr. Mike Riley presented an ordinance he had prepared to establish guidelines for the
regulation of ultimate fighting. He then explained that ultimate fighting is a brand name
and that the sport is actually referred to as mixed marshal arts. He stated there have _
been no deaths in this sport. The deaths as reported by Captain Weierke occurred
during "tough man fighting" events.
Mayor Lund questioned how the sports, such as tough man, can be separated from
mixed marshal arts when there was no commission overseeing those sports.
Mr. Riley explained that without governmental support, such a commission has no
power. XKK, the local organization for mixed marshal arts, runs very close to the
commission rules and guidelines. Illinois does not allow mixed marshal arts events
unless they are sponsored by a sanctioned organization, which is why they put together
the Combat Sport Alliance so that events would be sanctioned, rules established, and to
provide uniformity in how shows are run. The proposal before Council tonight is
arbitrary and capricious because it singles out this sport.
Councilmember Bolkcom pointed out that the amendment does not just single out mixed
marshal arts.
Mr. Riley stated riots happen in basketball games and other sporting events.
Councilmember Bolkcom stated this amendment is not an attempt to regulate the sport
but simply to eliminate the sale of intoxicating beverages at such events.
Mr. Riley stated he believes it is wrong to tell the fans of this sport that they cannot sit
and have a beer while they watch the sport. He questioned why combative sports are
being singled out for this policy.
Councilmember Billings commented that the proposed ordinance Mr. Riley presented -
this evening is an attempt to regulate mixed marshal arts, but that is not what is on the
agenda. What Council is discussing is an ordinance relating to on-sale liquor �
establishments which State law allows Council to regulate. He thanked Mr. Riley for
presenting the ordinance, but Council is not interested in regulating this sport at this
point in time.
Councilmember Bolkcom stated the ordinance Mr. Riley presented is very similar to an
ordinance Council reviewed last year. After discussion with the City Attorney, the City
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2005 PAGE 7
Manager determined that the City should not attempt to regulate the ultimate fighting
sport and the on-sale liquor ordinance amendment is the way they chose to proceed.
Mr. Riley stated they have had a lot of the mixed marshal arts shows at Spiker's. This
has been a profitable business, with their last event drawing about 800 spectators with
no problems. He believed that the ordinance the Council is considering is an over-
reach of authority.
Mayor Lund commented that he has had calls from Fridley residents concerned about
this sport being conducted in their community.
Mr. Riley explained the purpose of the ordinance he presented was to have some
regulations in place by the City.
Mayor Lund commented that a recent Council/Commission survey revealed that those
responding were overwhelmingly in favor of restricting this type of activity because of its
violent nature. Also, it is rare that the Police Department brings forward such legislation
and he believes Council should support the Police Department.
Councilmember Wolfe commented there have been fights at softball games, hockey
games and other sporting events.
Mr. Abbott, Public Safety Director, explained the police respond to calls at all types of
sporting events. The fight that occurred outside the ultimate fighting event, however,
was not only life-threatening, but appeared to be the result of the same conduct that
occurred at the event.
Captain Weierke commented that the only sporting event at a liquor establishment in
Fridley is ultimate fighting, with the rare exception of temporary permits for certain
events.
Councilmember Barnette pointed out that if this amendment is approved, the ultimate
fighting events can still be held at non-liquor establishments. He asked Mr. Riley if he
thought the ultimate fighting fans would attend events where there is no alcohol served.
Mr. Riley stated his experience has been that when alcohol is prohibited at such events,
the fans end up drinking in the parking lot which is much more difficult to control.
Councilmember Billings pointed out that the ordinance the Police Department came
forward with in early 2004 also prevented alcohol at such events.
Mr. Riley commented that the mixed marshal art events have been very profitable for
the Fridley establishments and for the fans. Initial events were held by a promoter that
fighters did not want to fight for; a promoter who held very dangerous events, took gate
receipts and did not pay the fighters. Mr. Riley explained that he and others worked
very hard to push that promoter out of the City. He explained that XCC (Extreme Cage
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 _ PAGE 8
Combat) is now running the events with a dedication to its participants and fans and
working very hard to improve the quatity of the sport and the quality of the event.
Because the sport is unregulated, fighters have been put in precarious positions, but in
this City, the XCC is making great improvements. He asked that Council not force fans
to stay home and not attend these events by banning the sale of alcohol.
Mayor Lund stated that fans will still be able to attend the mixed marshal art events.
They simply will not be able to consume alcohol while they enjoy the show. He asked
Mr. Abbott if he agreed with Mr. Riley's claim that prohibiting the sale of alcohol will
result in alcohol consumption outside the premises.
Mr. Abbott replied he believes that may occur, but with the right intervention by police, it
would not continue.
Councilmember Bolkcom asked the City Attorney to comment on the liquor ordinance in
Fridley.
Mr. Knaak stated the City has complete discretion to ban alcohol sales completely or
allow it under any circumstances it chooses. What Fridley has chosen to do is allow
alcohol to be served where food is served and where the primary purpose of the
establishment is the serving of food. There are occasional temporary licenses issued
for beer consumption at specific events, but those are rare.
Councilmember Wolfe commented that attendance at professional sporting events
would be affected if alcohol sales were banned.
Councilmember Bolkcom stated there may be other fans that stay away from such
sporting events because of the alcohol.
Dr. Burns, City Manager, stated that it appears that the ordinance Mr. Riley has
presented puts the City in the position of regulating a sport in which City staff has no
expertise. To the extent the City would start doing so without proper expertise, they
create a potential liability stemming from a very violent sport. The next best thing is to
separate the violent sport from the connection with alcohol.
MOTION by Councilmember Barnette, seconded by CounciFmember Wolfe, to waive the
reading and approve the ordinance on first reading.
There was some discussion among Council members about adding hockey to the list of
sports in the ordinance but it was agreed that the words "such as" make it unnecessary
to list every sport.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE
AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE
MOTION PASSED ON A FOUR TO ONE VOTE.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2005 PAGE 9
11. Resolution of the City of Fridley Finding the Proposal of Time Warner to
Provide Cable Communications Services within the City to Inadequately
Meet the Cable Communication Needs of the City Making a Preliminary
Assessment Denying the Renewal of the Franchise of Time Warner.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to adopt the
resolution.
Mr. Knaak stated the outside consultant on this matter has requested that it be tabled
until the next regular meeting.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to table this
resolution until such time as staff can get input from their consultant.
Councilmember Bolkcom when the deadline was for action on the cable
communications agreement.
Mr. Knaak responded that the deadline is March 31, 2005.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
12. Informal Status Reports.
Mr. Hickok, Community Development Director, stated the 7t" Annual North Metro Home
and Garden Show is scheduled for March 5 from 9:00 a,m. to 2:00 p.m. at the new
Schwan Center in Blaine. There will be 75 vendors present and many different
seminars offered. Admission and parking is free.
ADJOURN
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING
MEETING ADJOURNED AT 8:50 PM.
Respectfully submitted by,
Rebecca Brazys
Recording Secretary
AYE, MAYOR LUND DECLARED THE
Scott J. Lund
Mayor
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CRY OF
FRIDLEY
Date:
To:
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 28, 2005
February 23, 2005
William Burns, City Manager ,��
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Variance Extension Request, VAR #04-01, Kevin & Paulette Holman
M-05-14
INTRODUCTION
Kevin and Paulette Holman, property owners of 571 79t" Way were granted a variance
on March 8, 2004, to increase the maximum size of a first accessory structure from
1,000 square feet to 1,168 square feet, and to allow an accessory structure to exceed
100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square
foot detached garage in the rear yard of their property. As with all variances granted,
the petitioners have one year from the date of approval to initiate construction.
On February 23, 2005, staff received a letter from the Homan's requesting a 1-year
extension, as they are awaiting expectable financing and are also working on finding the
right contractor to build a garage in the Flood Fringe District.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of the 1-year extension ensuring that the garage
addition is complete by March 8, 2006.
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� AGENDA ITEM
� COUNCIL MEETING OF FEBRUARY 28, 2005
CRY OF
FRIDLEY
CLAIMS
120557 -120686
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CRY OF
FRIQLEY
TO:
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DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 28, 2005
William rns, City Manager ���
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Jon . tlaukaas, Public Works Director
February 25, 2005
tiearing on I`[PDES Annual Update
PW04-015
As part of our I�PDES permit, we are required to make an annual public presentation
describing what is in our Storm Water Pollution Prevention Plan (SWPPP). This is the second
review oF our Plan. The update will include an ovenriew of the program, our accomplishments
over the first full year, and changes planned for next year.
The Permit also requires we record public comment and submit it with our plan"s annual
update due in March.
JtiFi:cz
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� AGENDA ITEM
i` CITY COUNCIL MEETING OF FEBRUARY 28, 2005
CRY OF
FRIDLEY
To: The Mayor and Council
From: William W. Burns, City Manager
Subject: Cable Franchise Resolution
Date: February 25, 2005
The attached resolution formalizes the City's objections to Time Warner's formal cable franchise
proposal. In my opinion, there is an abundance of very good reasons for denying this proposal. I
think that the resolution spells out those reasons very well.
While Time Warner has requested that Council delay consideration of this resolution on Monday
night, our City Attorney, Fritz Knaak is recommending that we proceed with it. In so doing, he
points out that this is not the City's final decision on the franchise. Rather it is a preliminary step
that establishes Council's resolve as to the unacceptability of Time Warner's formal franchise
proposal. Time Warner will have ample opporlunity to present information to the Council during
the administrative hearing phase of the formal renewal process. Consideration of tlie preliminary
denial resolution will in no way limit Time Warner's ability to contest the City's decision nor
prevent Time Warner from seeking fi.uther informal negotiations should Time Warner so desire.
In view of this advice, I have placed it on the agenda with the understanding that Council may
decide to table the resolution at Time Warner's request.
I would point out that this process has been going on since the spring of 2001. In general, Time
Warner has been unwilling to negotiate. Time Warner's formal proposal reflects this
unwillingness and may be fairly characterized as all take and no give on their part.
While Time Warner will argue, as they have in other communities, that competition from satellite
television and other new technologies has created a need for austerity with regard to their cable
television franchises, we would argue that Time Warner continues to make a strong profit from
their cable operations. At the same time, Time Warner relies on our City streets and rights-of-
way to deliver their product. As long as that is the case, we are entitled to ensure that the City's
cable-related needs and interests are adequately addressed in any renewed franchise.
Whether you choose to delay the consideration of the resolution or not, staff remains very strong
in its recommendation that you deny Time Warner's formal franchise proposal.
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RESOLUTION
RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA,
DENYING RENEWAL OF TIME WARNER, INC.'S CABLE
TELEVISION FRANCHISE
RECITALS
1. The City of Fridley, Minnesota ("City") is duly authorized under state and federal
law to permit the provision of cable television services within its jurisdiction through the
issuance of a franchise for that purpose.
2. In the past, Time Warner, Inc., d/b/a Time Warner Cable ("TWC"), or its
immediate authorized predecessors, has held a franchise for the purpose of providing cable
television services to residents of the City.
3. TWC is presently operating under a franchise granted by Ordinance No. 904
passed and adopted by the City on May 2, 1988 (the "Franchise'�.
4. The term of the Franchise expired on or about May 16, 2003.
5. The Federal Cable Act establishes a process that a cable operator holding a valid
franchise may invoke for cable franchise renewals. If the process is invoked, the operator and
the City must follow the federal procedures. These "formal" procedures give the cable operator
the opportunity for a fair hearing on its renewal proposal. At the same time, the procedures
insure that the City can deny renewal if an operator has performed poorly in the past, or is not
qualified, or is not willing make a reasonable proposal to meet the community's needs and
interests for the future. Under the formal process, the City is given broad authority to define what
the needs and interests of the community are. It is then up to the franchise holder to submit a
proposal that is reasonable to meet the community's cable-related needs and interests, taking into
account the costs of ineeting those needs and interests.
6. The formal renewal process under the Cable Act is a four-stage process. In the
first stage, the City must conduct a proceeding to identify future, cable-related needs and
interests of the community, and to review the past performance of the cable operator serving the
community. Once that proceeding is complete, the City may issue a request for formal renewal
proposals. In the third stage of the renewal process, the cable operator submits a renewal
proposal in response to the City's request for formal renewal proposals. If an operator submits a
timely and proper response, the City has four months to evaluate the proposal, and decide
whether to grant renewal based on the proposal, or to preliminarily deny renewal.
7. If renewal is preliminarily denied, and the cable operator requests it, the City must
commence an administrative proceeding. The four issues that axe considered at that
administrative proceeding are whether: 1) the cable operator has substantially complied with the
material terms of the existing franchise and with applicable law; 2) the quality of the operator's
service, including signal quality, response to consumer complaints, and billing practices, but
4�
without regard to the mix or quality of cable services or other services provided over the system,
has been reasonable in light of community needs; 3) the operator has the financial, legal, and
technical ability to provide the services, facilities, and equipment as set forth in the operator's
proposal; and 4) the operator's proposal is reasonable to meet the future cable-related
community needs and interests, taking into account the cost of ineeting such needs and interests.
8. At completion of such an administrative proceeding, the City must issue a written
decision either granting or denying the operator's renewal proposal. A final decision by the City
to deny renewal may be based on an adverse finding on one or more of the issues specified in
recital #7 above.
9. The operator may appeal a final decision by the City to deny renewal in state or
federal court.
10. By letter dated November 18, 2003, following nearly three (3) years of informal
renewal negotiations, TWC requested that the parties proceed with renewal under the "formal"
process of the Cable Act pursuant to 47 U.S.C. § 546(a)-(g).
11. Based upon TWC's insistence on the formal renewal process, on August 16, 2004
the City Council concluded the two first stages of the formal renewal process when it adopted the
Formal Needs Assessment Report ("Report"), and issued a Request for Formal Renewal
Proposal for a Cable Franchise ("RFRP"), inviting TWC to submit a proposal describing the
cable-related facilities, equipment, and services that it would provide in Fridley over the term of
a new franchise. The Report and RFRP identified the cable-related needs and interests of the
City and also contained a Model Franchise for meeting certain of those needs and interests. The
RFRP required TWC to submit a response by November 30, 2004.
12. On November 30, 2004, TWC submitted to the City a Formal Proposal for
Renewal of Cable Television Franchise (the "Proposal").
13. Pursuant to the Cable Act, the City must, by March 30, 2005, either renew the
Franchise under the terms of the Proposal or issue a preliminary assessment that the Franchise
should not be renewed.
14. Under the Cable Act, the City is not required to detail the grounds for its
preliminary decision. As a result, this Resolution does not list in detail all of the shortcomings of
TWC's Proposal nor any problems associated with TWC's past performance. Rather, it explains
some of the reasons why it is appropriate to preliminarily deny the Proposal. Given the statutory
deadline of March 30, 2005 and the City Council's meeting schedule, the City's only choice at
this point is to either accept TWC's Proposal as submitted or to issue a preliminary denial of
renewal.
15. The grounds for preliminary assessment of denial are as follows:
a. TWC's proposed language related to gross revenues seeks to change the
current status of defining "gross revenues" in a manner likely to reduce revenues to the
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City by modifying the manner in which bad debt can be written off, as well as by
modification of the manner in which revenues axe defined so as to potentially exclude
cable-related services that may expand in the future. TWC's proposed language also fails
to protect the City from any potential revenue losses that may be generated by product
bundling with services not currently provided for under the Franchise.
b. TWC proposes to change the existing performance bond and security fund
language in the Franchise, as well as to limit its access costs under the City's Right of
Way ordinance. TWC's proposed security language would create an unfair additional
- financial risk to the City. TWC's Proposal right-of-way provisions would impose unfair
costs to the taxpayers, including those that are not customers of TWC, subsidizing
� TWC's operations in the City.
c. TWC's Proposal fails to meet the requirement that the Grantee supply the
City with maps of its facilities within the City, which is of great importance to assure the
City, TWC and the public that there would be no disruption of service or costly repairs
necessita.ted by the disruption of those facilities or equipment when work is occurring
within the public right-of-way.
d. TWC's Proposal does not provide for the long-term construction, upgrade
or even maintenance of an adequate, much less sta.te-of-the-art, institutional network,
which has been and continues to be a critical component of educational and local
govermnenta.l communications within the City.
e. TWC's Proposal inadequately addresses the stated need for public,
educational and governmental access capacity and support within the City. TWC's
Proposal offers an equipment grant that is nearly one quarter million dollars below the
determined need of the City. TWC's Proposal eliminates entirely TWC's current
obligations regarding the provision of public access for use by residents and subscribers
in Fridley.
f. TWC's Proposal would radically change the current local origination and
public access practices by shifting the entire cost, st�ng, and a most of the equipment
component, to the City.
g. TWC proposes reducing the current four (4) PEG access channels
' provided to the City to three (3) channels, despite the fact that the City has determined
the fourth channel is needed for use by public entities.
h. TWC's Proposal is for a ten (10) year franchise with a five (5) year,
automatic renewal if the system is "state-of-the-art." The transitional nature of
technology in this area makes anything beyond the City's ten (10) year term inadequate
and against the City's interest. TWC's proposal also completely ignores the right of the
City to base renewal of TWC's Franchise in ten (10) years on the then existing needs and
interests of the City, instead mandating an automatic renewal based solely on whether the
cable system is "state-of-the-art."
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i. TWC proposes to eliminate the current emergency system override that
public safety officials in the City have stated is a necessary public safety tool.
j. TWC's Proposal would require the City to abandon its current role as the
protector of consumers within the City. TWC contends that it should only have to follow
FCC standards, but those FCC standards expressly authorize the role of the City as the
guardians of their citizens' interests as consumers.
k. TWC's Proposal includes a provision that limits the ability of the City to
grant a second cable franchise to a potential competitor by requiring the City to adopt
"level playing field" language that is substantially more restrictive than that the City is
obligated to comply with under existing state law and would create barriers to
competition from other providers.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows:
1. Each and every recital set forth above is hereby incorporated as a fmding and resolution
of the City.
2. By passage of this resolution, the City issues a preliminary assessment that the cable
franchise issued by Ordinance No. 904 should not be renewed.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF FEBRUARY, 2005.
ATTEST:
DEBR.A A. SKOGEN — CITY CLERK
SCOTT J. LUND — MAYOR
�
.�.
�
�
CfTY OF
FRIDLEY
To:
From:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
February 28, 2005
William W. Burns, City Manager ,��
�
Don Abbott, Police Chief
Brian Weierke, Police Captain
February 24, 2005
Re: 2ND READING OF AN ORDINANCE AMENDING CHAPTERS 602, 603 AND 606
OF THE FRIDLEY CITY CODE PERTAINING TO LICENSED
ESTABLISHMENTS SERVING BILL OR INTOXICATING LIQUORS,
PROHIBITING CERTAIN CONDUCT THEREIN
In Februazy of 2004, Council listened to a proposal from Public Safety Director, Dave Sallman that
would have regulated "Ultimate Wrestling." It defined conditions under which these events could
occur. These conditions included the proscription of both the serving and consumption of alcoholic
beverages. After hearing objections to the proposal from an"ultimate wrestling" promoter as well as
the Manager of the Minnesota Sports Cafe, the first reading of the legislation was ta.bled in order to
give staff time to work out differences with the persons who had testified.
After the tabling of the first reading other issues, including the retirement of Dave Sallman as Public
Safety Director, absorbed the attention of Police Department leadership during much of 2004. In
November, however, a 25-year-old male was badly beaten and suffered life-threatening injuries at the
hands of three other males. Since the beating occurred after an "ultimate wrestling" event and since it
appeared that a11 of those involved were under the influence of alcohol, the Police Department
developed a renewed interest in moving forward with regulation of these events.
Although the original legislation sought to regulate the conduct of these events, the latest proposal
would eliminate events of this type from establishments that hold on sale liquor licenses. While
removing fighting contests from bars and restaurants does not eliminate these events in Fridley, it
purports to separate them from the serving and consumption of alcohol. It also keeps the City from
getting into the technicalities of regulating a professional sport and limits City liability that might be
associated with the regulation of these sports.
The police department has some serious public safety concerns regarding these events and the
potential for more problems. Experience tells us that when you mix a violent sport and alcohol poor
choices are made. Alcohol removes the inhibition people have and contributes to people wanting to
emulate the fighters.
The first reading was held and approved on 02-14-05. Staff would like to schedule a second reading
on 02-28-05.
0
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 602, 603 AND 606 OF THE FRIDLEY CITY CODE
PERTAINING TO LICENSED ESTABLISHMENTS SERVING BEER OR INTOXICATING LIQUORS,
PROHIBITING CERTAIN CONDUCT THEREIN
The City Council of the City of Fridley does hereby ordain that Chapter 602, 603, and 606 of the Fridley City
Code be hereby amended as follows:
CHAPTER 602. BEER LICENSING
602.08. CONDITIONS OF LICENSE
11. Certa.in Exhibitions and Conduct Prohibited.
No licensee shall �ermit in anv licensed establishment or anv adioinin� vrovertv owned or leased bv
the licensee anv boxin� wrestling or anv other form of entertainment whose primarv Uurpose is
�hvsical contact bv strikin� or touchin� an opponent with hands head feet or bodv. Team sports in
which phvsical contact is incidental to the vrimarv purnose of the game such as basketball, vollevball,
soccer football baseball hockev and softball are not included amon¢ activrties prohibrted bv this
section.
CHAPTER 603. INTOXICATING LIQUOR
603.10. CONDITIONS OF LICENSE.
22. No licensee shall nermit in anv licensed establishment or anv adioinin� nronertv owned or leased bv
the licensee anv boxin� wrestlin� or anv other form of entertainment whose nnmarv nurpose is
phvsical contact bv strikin� or touchin� an opnonent with hands head feet or bodv. Team sports in
which phvsical contact is incidental to the primarv uurpose of the �ame such as basketball, vollevball
soccer football baseball hockev and softball are not included amon� achvrties nrohibrted bv ttus
section.
CHAPTER 606. INTOXICATING LIQUOR ON-SALE CLUBS
606.10. CONDITIONS.
10. No licensee shall vermit in anv licensed esta.blishment or anv adioinin� propertv owned or leased bv
the licensee anv boxin� wrestlin� or anv other form of entertainment whose primarv uurvose is
Qhvsical contact bv strikin� or touchinQ an opvonent with hands head feet or bodv. Team sports in
which nhvsical contact is incidental to the primarv purpose of the �ame such as basketball, vollevball,
soccer football baseball hockev and softball are not included amon� activities nrohibrted bv this
section.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF
2005.
Attest:
Debra A. Skogen, City Clerk
First Reading: February 14, 2005
Second Reading:
Publication:
��
Scott J. Lund, Mayor
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� AGENDA ITEM
F� � CITY COUNCIL MEETING OF FEBRUARY 28, 2005
INFORMAL STATUS REPORTS
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