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AF-ZOA - 43570('11-11� �_7� "�•i 1-� _= FII-IF�I'iFi i�l_I�( :s. '=�TE�rEi{iiEF'. BOBERT A. G::.: HERTIIRD E. S7F'.FPEN RICF �P.D.A. A5Eltk;l:.L DA.RitEll A. )E:vs'E� J�pFREY �. JOH; �C � RL'SSELL H. i:AO'dDFR. lOH F EF.iCK50:: LT:JVYENF;t R. IOhRJ3(iiJ Jr�� :✓ N. �.-- i_ I 7?iO�i x � :� �;..1A�.Oti'c ?,ttc�.aFi :. :�u�u.E•t VC4vf1 ��. HffifJCk HER\SAN L L9LLE DATE: '1'U : COMPAN'' �LOCATIOPi CUMPANY'S P'AX NO.: FROM: ��\ Barna, Guzy & Steffen, Ltd. .9TTOFN£YS A7lAW 400 I�orchcown Financial Pla:a Z00 Coon Rap�ds Bouleva�d ?�linneapolis, :vIN 55433 (612) 780-8500 FtLX (612)780-1777 FA% TRANSMITTAL COVER PAGE May 2, 1994 Steve aarg Planning Assistant City oP Fridley 571-1287 Virqil C. Herrick City Attorney F' . 1 PAMELA N. HARF15 C}UALES!A. SEYKUAA WILLIA41 Ht. MANJEN DkNIELD. CnNTER,]R. BEVERL�[��ODGE GkEGG V. HERRICK IA4fE5 Q HOEFT j:7fvN N.Q�'ADE SCOTI' M. I.cPAK jTEVEN L �IAGKE'I [�.a,-,us.� we[ae� ' '7AI;r'i:-In i::--L1D?:G ;�u�_,,:�.; -a;_�r�as. , ,� �.y _ �'}r�� ^3��F�.�NES A/ �� e �� MESSAGE�: Thouqht you might be interested in this. TOTAL PAGES TNCI.UDING THIS SHEET: 3__ Please nctify N'.ta at 612-J83-5158 if all pages are not received. The information contained in this tacsi�r' message is attorney privilege3 and r.onfidential information �ded only for the �se oP the individu�il or entity named above. �i the reader of thls messaqe is not t:he intended recipient, or the employee or agent responsible to deliver it to the intended recipient, yov are here�y notified that any dissemination, distribution or copying oP tnis communi<;ation is strictly prohibited. Zf you have received this cc>mmunication in error, please immediately notify us by telephone, and return the original message to us at the above addYess vi.a the U.S. Postal Service. We will be happy to reimburse you fc,r the postage. X__ Original will NOT follow __.,_.,__ Origina7- will follow An E9ua! CD'.-xm�omy Ec�pbyer � r•1Hr Cl�� '9d 1��U4 Bi+F?�H GU�Y '> =TEFFEN9EF' allows [he�ciiy to exclude rooming houses to preserve the singFe-�'ainily residential clxaracter of its neighbot- hoals, wtvFh, the Sixth Circui' observed, constitutes d nondiscruninatc�ry reasons. Tiie coun concems rela[ed eo increased vaffie and sonable and Iegitimate. To forcc the ciry ing houses and o[he� commercial resi- �gingle-f:unily residentiil zones would e 4�asic purpose oF its nonpro£t require- iegitvnate al� a Iso iound noise both re LO al[ow roo dences in its undertnine lh men,. � T7�e court had need for accnm� alreadv usr' s reciden(5 -� .,, Pl �e a u�. ., ueed becau�e �t balance these interests against the 7adon in thls case. SmiU� & Lee FC home to house six disabled se in the numbec oC occupants to ccommodatinn of Smith & L.ee's � apparenily unable to make a reasonable profit w i only .six occupants. The record did no� retlect wheth r or not other for-protit AFC hom�sforthedisab�ed �roughoueU�ecirywereabiem makeareasonableprofi wi�hsu:residents.lftheywere abteromakeaprofit,the 1ourueasoned,theaccommo- dation would prima� ily brn�efit Smi th & Lee rathzr d�an chr c�tabled. � T�ecourt emphanized th t the'u�quiry should not be wheiher a part�cular app)ir t!`or rer�oing needs ac- � cum,nalanon. Ralher, it sh uL3 be: do disabled per• sCns as a whole need this a commaiaUOn [o afford then� e��ual oppornutity to ho Sing?At the came time, a ce�ut must consider not onl the effect of a sin�le home, but it needs «� know t1�e e�(?ect on other potential appl caa�ns. �� thiscase,lhere w r in Ihe Ci ly th:a t C Ou fd seek zxpan'; i ro t�Jce ad� antage of Iarger prof �,. that perniitting Yorprofic AFC f� mav constihite reasnnnhle accomi feund thal uther homes were iioc were able to operateprofitably bee� rented or purchased at lo�n er costs a�ailah3e. Wuh these facrors as g rem<inded the csse to the Ais(ri�.t c eun of wl�erher under the cuciun IDany O ther hOmes t<� twelve residents 'he court indicated ilities in this case ation, if � cotut � ofit, or that they i the homes were h wece no longer reasunabte accominodation undcr die Fl spot zon�ng by ttie city or azneucUnent ordinance. Res<�arch References: Rathkopf's The ing e,nd Planning §17C.02(2j[aJ[iij; Wil can'_uid Planning Law §66.fi! .50. � s, the coun determina- of Uus case \.-1 required f its aor�i�g of Zon- Ameri- F.c B. Reasonable Accommodation of Amateur Rndio Communicatiuns �Se� McQulllla Mua Corp y4U.09, 2l.�6, lb.d7 Ord Edl] 71ae Eighth Circuit Court of Appeals rccenUy examined tLe meaning of the Federal Communications Commission niling known as PRB-t which declares that "local reguladons which involve placement, screen- ing, or height of antennas based on health, safery, or aestheuc considerations must be crafteA �o accommo- date reasonably amnteur communications, and to rep- resent U�e minimum practicable regulation to accom- plish the local authority's legitimate purpose." Pentel v. City of Mendota Heigh[s, 13 F3d 1261 (CA8 1994). The plauuiff, an FCC licensed am areur radio opera- tor, wanted ro repince the radio antenna on the roof of faer home with a retractable steel rower that measured 30 fee[ when lowered and 68 feet when fully extended. She found her zxisting radio antenna, which measured approximately 56 feet in height, insufficient for teli- able communications with otherdomestic and in[ema- ponal radio operalors. Both antennas violated the heigh[ resvictions in the r,oning ordinance of the city of Mendota Heights. The plaintiff filed an application with dle City (oY peIIniSSiOn t0 in5ta11 the new antenna a�id, at the same tune, filed for a variance ro continue using the original anlenna. The c ity denied the plamtiff's application. The letter i[lfurming If�e plain[iff of ttie Ci[y'S determination contained no factunl findings, reasons for the denial, or what U'te plaintiff cou3d do ro gain approvaL In order to comply w�th the reasonable accommoclation require- ments of FCC rules, taowever, rhe ciry council gr.mted the plaintiff a special-use permit that allo�+�ed her to condnue using her ezisdng antenna. The plaintiff filed suit against the city claiming that the height restricdon in the city's zoning ordinence was preempted by FCC rules in that Ihe city had not r�tcooably accom.modated her. The disirictcourt granted su�ntnary judgement in fnvor of [he city and plaintiff appealed. The EighU� Circuil tust ex�tm ined the purposc of tt�e FCC's reasonable accommodarion rule. On the one harid, a municipalily's motivatiOns for the regulationof Uie height :md placement of rad�o antenna rowers in resideNial districts include the possibilities tha� an antenna may block the luie of sight of pedestrians or drivers; constieure a prominent eyesore tha� also may intedere with a scenic view; fall on nearby residences; or Aecrease properh• values. Such regulations fall within a municipalii}�'s treditional police powers. On rsti� :_�� '94 lE:r�S briRhlR GU�Y '� STEF�E�U�=EF - . ._..,. ,...� the other hand, amateur radio operators have az� interesi in maintaining successful amateur communicatioos arid in sustaiuing a sKOUg network of radio amateurs. Tlte fedeiai goverrunenPs interesis are c3o5e1y aligued with ihose of the amateur ra�iio operators suice radio volur�teers afford reliable emergency preparedness. n3GOna1 seceuity, and disaster relief commimications. Conseque�ttJ-, Cederal interests are furthered when loc:� regulations do no[ undoly reslric[ the erection of amatew radio au�e¢nas and the ability of operators to successfiill}' Iransmit and receive radio signals. �he FCC issued the reasonable accotttrno<lation ruling t0 scrike a balance beta�een the;.e interests. Thz FC�: �u�iitg may� preempt local regulation of amateur rsdio ron�.unicadons in two ways: preemp- de,n uf a Ixrd regulation on iIS face because it baas or imposes an unvarying restr.ction on amafeur radio cummtinicaaons; or preempNon when a municfpality has nnt ap plie.d a facial ly neuaal regulation in a manner !t ,,: re;�;,onably accommodates amateur canmutnca- �=:=i.r' ?his eaae involred an inc�uir}� into che second - -� _�f preempti?;n questiot�. The 8 ighth Cir: ui t noted Ih at the question uf reason- ahle arrpnUnocG�t;oo has been interpreted to lrtean that thr, municipalirq iuu�.[ Sal:u�c: iis interests against the fed�rdl gocenement's interest in promoting amateur c<_�mmutucahons. The court vi ewed [his as a somewhat narcow interprerauon of tLe requirement. it rzad [he cui� as rr��:ir:i:t ;_...,.:.-iFn1i!y� to acconunodac8artla- tec� �o=mnuricari„ :s in a rersonable fashfon, a stan- cle.-d the ,.-:+ut1 bP.l i�: i�ed t� be v; ore rigorous th.�tn s impfy rec�e,*ing ., ��micipaJir,� ro balance local and federal intyr�;�,c 'Ihi� rcasonab,e accommodaiion s[artdard, nonetfteless. dues uot require ihe mw� icipalit}• ro allow t! � ateate�u t� ��re:�t an} radio:u�tenna. !t requires only tt.�! he mwdcipality maF.e lactual findings, and ab tee�pt rn n�godace a sa�sfactery cvmpromise wi�h the a}�i+1 i. aru. l hr• court explaine� that under this approach a lrw,l re�iSatiun ;hat imqair;� :unateur radio commu- nicativus is preentpted as ap�>lied if Uie municipaliry ha�: nor crafted it n� act�-�mmaiate reasonably amateur =o!nrnunicatiurts .�'hile using the �vinunum praC[iC3l reg ula[ioa necessan tu accom �lish the loca] authonty's iegicintate purp,se. Althnugh the plaintiff did not receive any explana- oon af the basis for the denia! of her application, n planning r�pon atid hecuing did suggest (our potendal jushficadons for the denial. The court found ihese conccras ro lack Yactw�l support. VVith regard to poten- F.= 6al residentia! television and radio in[erference, the plaintiff was prohibited by the FCC from causing such a problem and could lose her licen;e if she failed to correct ic The city also expressed concem about the tower's safety i�� strong winds. Mendota Heighls usu- ally relies on n�anufacturer's specifi�� ions wh;ch rate tlie wind safely of such fowers. Ir. ,c_ case, howe�er, the ciry declined to rely on wind spec�cations for plainaFf's rower even lhougti rhe manufacturer's speci- fioarions indicated that it could withstand eighty-mile- per-how winds and could 6e reVacted in bad wea[her. More��ver, the cit}� previous Iy allowed another ama teur radio operator to erect a similar towes. Mendota Heights argued that it reasona6ly accom- rtiodated the plaintiff because she already successfully engnged in amareur communications. The ciry pointed to a leuer of conimendaflon given [o plainuff for her pubi ic services nnd statements she m ade a t hearings on her aPplicalion. The plaintiff in fact received Ihe lener oF commendadon for communications that she con- ducted a[ the Air Na[ional Guerd base in Minneapotis. The court admitted lhat �x�hat con5etules "suceessful" amateur communications is difficult to quantify, hut found that city officials in this case "tl�oroughly mis- chazacterized^ the quanbfica[ion of the plaintiff's abi] - ity� rocou�municate. Fu�ally, Mendota Heights claaned Lhat the anienna rower would be unsighdy. According to tl�e court, however, U,is reasoa seemed �o be under- cut by the ciry's willingness �o allow the plain�iff to keep her existing roof-mounted antenna and by the city's allowance of a sirnilar anteruta nearbV. The court emphasized that by gi.v�ting a varimce ro plauitiFf so thai stae coufd continue to use her exisring but inadequa[e antenna, hlendu[a Heighis did not accommc,dateplaintiff's amateurcommunications. Be- cause the cery did not reasonabl}� accommodate the plainuff, thz court reasoned, it did not use Ihe least resn icdve means available ro meet lls legidmate zon- ing purposes. Consequently�, die court held that the FCC ruling preempted the city's zoning urdinance, ResearchReEerences: 'Vvilli.�msAmericanLandPlan- oing Law §7425: Rathkopf's The t,aw of Zo�ing and Pluming �23.05[3j; Matthews Munic�pal Ordinances § 37.91. Timathy P. Bjur 'J �� _ _ _ _ _ _._ _ ...... ...... _ ._..___ kn1? tcs�c,ri.ni c�� _ Fsrlut Comp]rtlnt tio_: �- ��I �Ic- - i�ni� Fi��iv�a_ -- �j�—Z3-R�`1 -��Pp-f� `� 7I� r,c��-Li�r;= - �"c��(- .�,��,�/_[ .. . I'ropert.y O�:nei- Iufonnatlon Namc: Addt-css= � fiome ho_ - work No_ ` - Natiure of Conplaint_ � .- - � j.: � �(�t�_ ;, �� r Actlor• i��=�^.- "_ fii :tory: T0: SUPP03TIV� GOVP,'R�R9ENT OFFZCIALS FROM't FHone: � F�idley, Minnesota 551+32 DATE: September 23, 1994 Dear Gevernment Officiale: i'ar about one nonth or more we have been annoyed and harrassed bp ttie 24 hour interruotions ef our nei�hbor'a CB on onr phone. ?�e says, "i'm here and I'm listeni�s^. Anothcr nei�ti'oor cannot play the radio in Ltieir home because of his inter:erence, and t�ey have 4 tapea from t!�eir �wn radie wit!+ his talkins (WCCO). His talk and invasion of our home and privacy is more t�an a^noyin6. It is disruptive. W3AT CAN '�lE D07 We hava done t�e follo�� n�; We have ealled� reported� and souStit �elp in ttie following ways: 1) Called the mayor who says it is an FCC matter and thair �ands are tied. 2) Called our counciL^�an an,: the council �nsnber at lar6e. 3) City ±nspector wtio ca�ne eut to t!+e house. He was eooperstive ar.d got t�e FCC on ttie ph�ne for us. FCC says "It is a low priority." 4) Wa contacted the office of Senator Paul Wellstone seeking tielp. 5) At the recommendation of t�-e phone compar�y we purchased a filter� euooressor v�ich does not�+in6. To the FCC this :nay be a low prior?ty but to live with it is not. This individual gets plsasure from.antagonizing Deople. Families have moved from ttie nei�hborhood for this re�son. We are ordin3ry citizens w�o haveanjoyed our home 3nd c��u�ity for many years. �owever� our home 3rr.' orivacy �ave been invaded by t�is annoyin� behavior which comes into our home via the ptione. WIiA'C CAN S� llOtL:7 It m3y be_low priarity for FCC but for us it is �avinr a stran�er in our home. � L`. o.�:. � � � � ♦� .A L. :.1 . � �i � , • '' � � .i.�! COPIr'.S S;s'IJT T0: Senator Paul '�Jellstone FCC District Office Council Member Joroenson County Attorney Jotinson y�yor Nee Attorney Gen�r=1 vum��rey _ _ CIN OF FRIDLEY FRIDLP.Y V1UKICIP>ALCGN�I'I:K •6-1}I I��IVERSIl'1'.A�'I[. N.f[. PIZIDI_1=1�. A1,V _ i13' .�t,l'_� �71-;-19i1. FAX ibl'i 571-I'_r? September 24, 1994 Albert Jerrick, Director of Inspections Federal Communications Commission 2025 Sloan Place, Suite 31 Maplewood, MN 55117 RE: CB Radio Operation at 6425 f3aker Avenue P7.E./John Ness Dear Mr. Jerrick: As you may recall, I contacted you back in January of this year seeking your assistance regarding a complaint on Quincy Street. That issue centered around a resident who was operating a CB radio in a manner alleqed to be severely interfering with his neighbors' telephones, televisions and other equipment. At that time, you advised that the FCC could check on an operator's license status and inspect/monitor the CB operation to ensure that the operator was in compliance with FCC standards. Recently, the City has become aware of a similar situation at 6425 Baker Avenue N.E. John Ness apparently operates a CB radio from this residence, and we have received complaints from two homeowners indicating that this is greatly interfering with their telephones and other equipment. one neiqhbor is experiencing such extreme interference that reasonable telephone communication is nearly impossible, despite use of a filter as recommended by U.S. West. I have made repeated unsuccessful attempts today to contact Mr. Ness to discuss this matter. However, I did speak with him several months ago after receiving the first complaint, and he responded by stating that he was operatinq fully within FCC requirements and had no intention of chanqinq his operation in any way. Based on this conversation and previous contacts with Mr. Ness, I do not believe that our efforts to mediate this dispute would be very fruitful. I �rould gre,3tly ��ppreciate your assistance in this matter. Please verify that Mr. Nese� has a valid F'CC license to operate a Cf3 radio from his residence and have someone conduct an in�-�pection of his operation to determi_ne whether or not :•1r. P:es� i� in compl.iance with all appropriate FCC regulations. CB Radio Complaint/John Ness September 23, 1994 Page 2 Feel free to call me at 572-3595 if you have questions or wish to discuss this further. Should you wish to discuss the interference experienced with an affected neighbor, you may call Vernon Gottwald at 572-1039. Thanks for your assistance in this matter! Sincerely, Steven Barg Planning Assistant ��:�� C-94-259 cc: Vernon Gottwald 6429 Baker Avenue N.E. Fridley, MN 55432 Community Development Department PLANIVING DIVISION City of Fridley DATE: October 13, 1994 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Steven Barq, Planning Assistant SUBJECT: Update on CB Radio Interference Complaint on Baker Avenue As you may recall, staff has been working on a complaint from of regarding interference to his telephone and other electronic devices experienced as a result of a CB radio operation conducted by his neighbor to the south. Mr. Gottwald has contacted several City Council members and others in an attempt to resolve this matter. Since receiving the initial complaint, staff has written to and spoken with Albert Jerrick regarding this matter. In a follow-up phone call with Mr. Jerrick on October 11, 1994, he indicated that he would have an inspector investigate this CB radio operation conducted by John Ness at 6425 Baker Avenue N.E. within the next two weeks. Staff requested that Mr. Jerrick move this process along as soon as reasonably possible. In addition, staff has attempted numerous times to make contact with the appropriate person in Senator Paul Wellstone's office to discuss this issue and the FCC's enforcement policy on such matters. On October 12, 1994, Mr. Gottwald stopped into my office and presented a letter indicating that Senator Wellstone had directed this matter to a staff inember for follow-up action. The staff will attempt to make contact with this person and encourage a timely response to Mr. Gottwald's concerns. Please let us know if you have questions or wish to discuss this further. We will keep you posted on the status of this matter. SB/dw M-94-613 'PAUL D. WELLSTONE SLHNESOTA �MiNNE50i/. TOII FREE N11MBlP 1�800-64]-60at October 31, 1994 �nited �tate� �enate WASHINGTON, DC 2 0 5 1 0-2 303 Mr. Steve Barg City of Fridley Department of Planning 6431 University Avenue, N.E. Fridley, MN 55432 Dear Mr. Barg: MI COMMIiTEES� ENERGV AND NATURALflESOUflCES IABOFANO HUMAN PESOUflCES SMAII BUSME55 iNDiAN AfFA1R5 TiiniiiC j70L' fGT COri:::C�1-^.� .T.`j Cffi=e: abnnt 1'O��r nrnhl.em 4�1Y.}1 (�A radio interference. I understand that you have already spoken with a member of my staff, Connie Lewis. I have contacted Ms. Ellen Rafferty with the Federal Communications Commission and asked that she investigate the situation and advise me of her findings. A copy of that letter is enclosed. As soon as I receive a response I will contact you. In the meantime, if you have any questions or additional information to share with me, please contact Connie at: 2550 University Avenue W., #100N St. Paul, MN 55114 612/645-0323 Again, thank you for contacting me. I hope that I will be able to assist you in resolving this matter. Sincerely, �� .J�-� Paul David Wellstone United States Senator PDW:cjl:amc Enclosure .a M �:] ] t l H.N� Sennn O��u.r 9m�mHi, I�i 2550 Uwvtnsuv nvenee. Wes� . 1 Vos O�nct 9na 38 � I I al� LireN�ie�n Aver�ue. Sw Wumrvnrnrv DC 205 10-2 303 Coue� Irv�Epq�rmn�� Bm�nirvi, 105 2u AvervuF Snun� Wn�M�e, MN S6Z0� �]O]�1)a-5641 Si Pem MN5511G i015 Viemrvie.MN55I92 �61Y113i-OOOt �61]� 6d5-0323 �]18) )<1-10]C PqINTED ON flECVCLED PAPEN PAI��. WELL510NE � MINNESDTn I Mitir�FSUU'C1 �NEE �lave=u '-tlCO-ECq-FC�' October 31, 1994 �nite� �St�te� �Senate WASHINGTON, DC 20 5 10-2 30 3 1� Ms. Ellen Rafferty Congressional Liaison Specialist Office of Legislative Affairs Federal Communications Commission 1919 M. Street, N.W. Washington, D.C. 20554 Dear Ms. Rafferty: COMMiiTEES ENERGY nN0 N4ilIRAL FESOURCES LA90R ANO HUMAN PESOUNCES SMALL BUSINE55 MO�AN AFfAiRS I have been contacted by a constituent of mine, Mr. Steve Barg, about the problem he is having with CB radio interference. Mr. Rafferty is with the Department of Planning in the City of Fridley and he has been receiving complaints from residents regarding interference of CB radios operated by other residents. He is interested in policies regarding the investigation of complaints by residents who experience interference on telephones, radios and televisions caused by nearby CB radio users. Mr. Rafferty would also like some information on regulations governing residential use of CB radios, when those regulations were established and when they were most recently modified. I would appreciate it if you would review this matter and advise me of your findings. Please direct your response to Connie Lewis, a member of my staff, at: 2550 University Avenue W, #100N St. Paul, MN 55114 612/645-0323 Thank you for your assistance. Sincerely, �� W�� Paul David Wellstone United States Senator PDW:cjl:amc J I1� Hnu� 5ene�� _ .� Euunn.�. LT y550 Urvmeasi*r a�,cr.,� Wesi ❑ Pos* Orr�ce Ba� 28 i �; 41� Lrtc�nE�o Avervoc SW W.�s,�irv.�,nx OC :;'0 :J�,iJ Cnuer irvreaHnuonw� 9�uoirvn 105 2u A.eroE Suvn� Wn�M�n MN 5620� I�Ut� 2CJ�Sca � 5* Fnu� MN Si I 14-1025 Vincirvu. MN 55192 �6�2� 231-ODU'� 1612� 6a5-0313 j218) ]o I-t0)A PPINTEO ON RECVf.IED PqPER November 2, 1994 � I've tried unsuccessfully to call you a couple of times since we talked here on Tuesday, so I thought I'd send you a note to update you on the FCC's action regarding the CB issue. Late Tuesday, I called the FCC and I was referred to Paulette Barterian, since A1 Jerrick was unavailable. Paulette said that she was very familiar with this case. She knows that on at least 2 occasions, FCC staff has conducted monitoring of Mr. Ness' operation. (Paulette actually participated in one of the monitoring sessions.) Apparently, they set up in their vehicle down the road from John's house and waited for some period of time, but John transmit either time. Paulette asked for further help in identifying the best time to monitor, but I told her that my understanding is that this varies from day to day. She said they would continue to periodically monitor during the coming weeks in an attempt to detect John when he's on the air and determine whether or not he is operating legally. On a related note, I received a letter from Senator Paul Wellstone following up on my phone calls with his staff inember, Connie Lewis. With his letter, Senator Wellstone attached a copy of a letter sent to Ellen Rafferty of the FCC requesting her help in addressing this concern. (I've enclosed copies of these letters for your review.) I will keep in contact with the FCC and continue to report to you. Feel free to call me (572-3595) or stop and see me at the Fridley Municipal Center at any time. Thanks! Steve � Community Development Department PLANNING DNISION c�ty of rt-�atey DATE: I�TOVember 7. 1994 TO: William W. Burns, City Manger FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Steven Barg, Planning Assistant SUBJECT: Update on CB Radio Complaint/John Ness As you may recall, staff has been providing assistance to ii�) with respect to his complaint about the CB radio operation conducted by Mr. Ness at his residence (6425 Baker Avenue N.E.). On November l, 1994, Paulette Barterian of the FCC advised staff that she and other inspectors have twice attempted to monitor the transmissions made by Mr. Ness, but on both occasions, Mr. Ness was, apparently, not transmitting via his CB radia Ms. Barterian indicated that FCC inspectors will continue to conduct periodic checks on this location until they are able to detect Mr. Ness on the air, and determine whether or not he is operating in compliance with the terms of his FCC license. In addition, staff received a letter (copy attached) from Senator Paul Wellstone, advising that he has assigned a staff person to further pursue this matter with the FCC. � has also spoken with Senator Wellstone's office, and is aware that efforts are being made to determine how the FCC can better address these types of problems, or if the e�cisting FCC regulations need to be changed to help minimize interference concems. Please ]et us know if you have questions, or wish to discuss this further. We will keep you posted on the status ofthis complaint. ►. � Gnc. CE-94- ] O6 �� DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley December 1, 1994 William W. Burns, City Manager Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinaror Steven Barg, Planning Assistant Update on CB Radio ComplaindJohn Ness :�s you know, staff has been assisting with respect to his complaint regarding the CB radio operation conducted by Mr. Ness (6425 Baker Avenue N.E.). On November 29, 1994 staffspoke with Frank Evans from the Federal Communications Division (FCC). Mr. Evans stated that FCC inspectors gained entrance to the Ness residence on Vovember 18, 1994, and inspected his radio operation. The inspectors concluded that Mr. Ness �vas most likely operating his CB radio �;�ithin FCC standards since his operation did not include an external linear amplifier or other similar equipment which would enable him to exceed the maximum power permitted. Mr. Evans added that although Mr. Ness could possibly transmit at 6 watts which ezceeds the 4 watt maximum allowed, this would constitute a minor infraction, and would likely create minimal interference to the surrounding neighborhood. According to h4r. Evans, the significant interference problems typically result from the use of extemal linear amplifiers or other power boosting equipment. Therefore, it would appear that Mr. Ness is probably operating in substantial compliance with FCC regulations. In addition, stali'contacted Connie Lewis of Senaror Paul Welistone's office ro�ct an update with respect to this matter. Ms. Lewis indicated that she had not yet received a response from Gllen Rafferty of the FCC, but she would soon contact Ms. Raf%rty to discuss the FCC standards, and �vhether or not changes should be considered to better address the issue of radio interference. Should Ms. Lewis not provide a report by December 15, 1994, sta(1'will once again call her in an attempt to keep moving on this concern. 5taft� has conveyed this most recent information to �. He appears quite satisfied that the City is doing what it can to address his problem. Plcase fet us know ifyou have questions, or wish to discuss this fiu7her. We will keep you posted on the status of Uiis malter. SI3 da CE-94-112 PAUL D. WELLSTONE MINNESOTA MINNFSOTI� TOLL FREE NUMBER: 1-800.6d2-6001 December 14, 1994 �nite� �tate,� �enate WASHINGTON, DC 20510-2303 Mr. Steve Barg City of Fridley Department of Planning 6431 University Ave. N.E. Fridley, MN 55432 Dear Mr. Boyum: COMMITTEES'. ENEPGY AND NATURAL RESOUflCES LABOF P.ND HUMAN FESOURCES SMALI BUSINESS INDIAN AFFAIRS Sometime ago you concacted me about yuur probierii with CB radio interference. Unfortunately, the Federal Communications Commission has not yet responded to my inquiry. I recently wrote to them again to ask about the status of my request. If you have any additional information, or if the problem has been resolved, please contact Connie Lewis at: 2550 University Avenue W., #100N St. Paul, MN 55114 612/645-0323 I am sorry that I do not have any news for you yet, but I hope that we will be able to resolve this situation soon. Sincerely, I��.�.., w�,--- Paul David Wellstone United States Senator YV1Y:l.�1:Q�ll ❑] 1� HAflT $fNAiE �FfICE f�l1iLCIHG LI �i�J� UNIVEfl51iY AVENUE. WESi � POSi OFiICf BO% Z01 n dl) LIiCNfIEI� QVENVE. $W WnsH�Neion, DC 20510-]303 Cooeiln*ear�nnonn� Boumr�c 105 2o Avervv[.Souir Wu�Mnn. MN SfiY01 (402� 424-5641 Si Pnu�. MN 5511C-1025 Vinc�HU. MN 55)92 (612� 231-0001 �612� 6a5-0323 12181 �at-tOJ< PRINTED ON flECYCLED PAPEfl PAUL D. WELLSTONE MINNESOTA MINXESO�A TOLt FflEE NUMBFR�. 1-9oo-ea2-soat January 17, 1995 �nite� �tate� �enate WASHINGTON, DC 20510-2303 Mr. Steve Barg City of Fridley Department of Planning 6431 University Ave. N.E. Fridley, MN 55432 Dear Mr. Barg: COMMITTEES: ENEHGY AND NATUHALNESOUNCES LABORANO HUMAN PESOURCES SMALL BUSINE55 INDIAN AFFAIRS I have recei�r�d a resnc�n�sP from P4s . Aeverly G. Raker with the Federal Communications Commission. I hope this information is helpful to you and wish you well in your efforts to resolve this matter. I am proud to stand with Minnesotans in their efforts to make government more responsive. If I can be of assistance in the future, please do not hesitate to contact me again. Sincerely, �c�,.� W�— Paul David Wellstone United States Senator PDW:cjl:amc Enclosure ❑] 1] NAni Servnr[ Ovvme dmioinr. l" i 2550 Unrvexsirr Avervue, W[s� LI Posr Orv¢e Bax 28t l,l 01 ] Lrtcnvie�o Avenue, SW Weseinc*oe. DC 205t0-2303 Cooei ir�ienrvnnoeu Bw�mnc ��5 20 /+v¢nve. Suuu Wnun�n. MN 58201 �202) 226-5601 Si. PnU�, MN 55114-10]5 Vinmxu, MN 55�92 (61Y) 231-0001 �812� 6<5-0323 (Y 1 B) ]< 1-10]0 PRINTED ON RECYCLED PAPEN FEDERAL COMMUNICATIONS COMMiSSION WASF�iNGlON DC 2055< .rv utr•� v rs� � t H ru Deccmbcr I, 1994 Honorable Paul Wellstone United States Senate 2550 University Avenue West # I OOIV S[. Paui, NiN 551 i4 Dear Senator Wcllstone: Thank you for your recent letter regarding your constituent Steve Barg. Mr. Barg is with the Ciry of F=ridley and has bcen working with our St, Paul Field office on an interference problem in his city. On-site investigations have already taken place at the home of the CB Radio operator, John Ness. It appcars that Mr. Ness is operating H�ithin Iegai parameters. Mr. I3arg is working with the St. Paul I�ield Office to help alleviate the interference from Mr. Ness radio equipment. If you need additional information, please contact Paulette Barterian from the St, Paul officc at (6I2) 774-5175. Sinccrely, ��! ;1:flj�' /�, Deve� G. Ba er � Chief, Compliance and lnformation Bureau PRB/cc � FEDERAL COMMUNICATIONS COMMISSION wnSf+�NGroti. oc zoSSa December 2, 1994 Honorable Paul Wellstone United States Senate 2550 University Avenue West # I OON �i. Vaul. i�iN 55I14 Dear Senator Wellstone: muer�vrurie ., Thank you for your recent letter regarding your constituents Mr. & Mrs. Gettwald of Fridley, Minnesota. Mr. & Mrs. Gettwald are getting interference on their telephone from a radio operator by the name of John Ness. The St. Paul Field office is actively working with the City of Fridley, Mr. Ness and others to resolve this problem. On-site investigations have already taken place at the home of Mr. Ness, and it appears that his radio eyuipment is within legal parameters. In numerous cases of tclephone interference, however, the only way to totally eliminate the interference is to properly shield the phone itself. The manufacturer should be made aware of the problem. Most manufacturers have filters available for their customers. If modifying the telephone becomes impractical or expensive, the Gettwalds could consider changing to another brand that offers better interference protection. The enclosed Bulletin FO-10 on Telephone Tnterference may be of interest to you and your constituent. IF you have further yuestions, please contact the St Paul Field office directly at (612) 744-5175. Sincercly, �� , ,i., Beverl�G� Baker Chief, Compliance and [nformation Burea� Enclosure PN B/ cc � � DATE: Community Development Department PLANNING DI�'ISION City of Fridley �, 1 February 1, 1995 TO: William W. Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator ✓"Steven Barg, Planning Assistant RE: Update on CB Radio Complaint/John Ness As you are aware, staff has been attempting to assist N.E.) with respect to his complaint regarding the CB radio operation conducted by John Ness (6425 Baker Avenue N.E.). Recently, staffreceived a letter from Senator Wellstone which included a response from Beverly Baker of the FCC on this matter. Ms. Baker indicates that the FCC has investigated Mr. Ness, and determined that his operation is in full compliance with all FCC regulations. In addition, Ms. Baker suggests that this problem is best addressed by affected parties such as Mr. Gottwald purchasing filters or selecting better quality brands of telephones which offer interference protection. (I have attached copies of the letters from Senator Wellstone and Ms. Baker for your review.) Staff has determined that the City's only involvement in this matter relates to the height of the antenna used by Mr. Ness in his CB radio operation. Should Mr. Ness wish to extend the height of his antenna to a point grea[er than twenty feet above the dwelling roof, he would need to apply for a special use permit to do so. Mr. Gottwald has suggested that this may be an appropriate solution, since raising the antenna height could reduce the interference experienced at this residence. While this may be true, the full impact of raising the antenna height to not only Mr. Gottwald, but others in this general area, is not fully known. Staff sent a letter to Mr. Gottwald (copy attached) conveying the response from Senator Wellstone and the FCC regarding this matter. In this letter, staff states that the City would address the potential impact on radio interference, should Mr. Ness apply for a special use permit to extend his antenna height at some future date. Staff further explained that until such time, there is little else that the City can do to address his concerns. Mr. Gottwalds' best avenue of continuing to pursue this ma[[er would be through his elected representatives, and the FCC since the FCC, essentially, has total control over the airwaves. Please let us know if you have questions, or wish to discuss this further. .: .. CEM-95-08 � _ Mu�.sw.r•+�• CI�iY OF FRIDLEY PRIDLF,Y MUNICIPALCGN'fl?fL •l,43i UNIVI;RSITY AVE. N.E. FRIDLEY. MN 55112 •(61'_� 571-3450• FAX (61�1571-I?87 February 1, 1995 � Fridlcy, MN 55432 RE: CB Radio Issue/6425 Baker Avenue N.E. Dear� As you know, I contacted Senator Wellstone's office to see assistance regarding the telephone interference problem that you have recently been experiencing. In my request, I asked Senator Wellstone's office to contact the FCC regarding two separate concems. First, I asked for an imestigation of your neighbor's CB radio operation to determine if current FCC standards for such activity are being violated. Second, I asked that fuRher research be conducted to deternvne whether FCC standards adequately protect residents like yourself from excessive CB radio interference. I have attached a copy of a letter dated January 17, 1995 from Senator Wellstone responding to my request. Along with this letter, Senator Wellstone attached a copy of a letter from Beverly Baker (FCC), addressing your situatioa In her letter, Ms. Baker states that the FCC completed an investigation of Mr. Ness, and found his operation to be in compliance with FCC requirements. Although Ms. Baker did not specifically comment on my other issue, she makes reference in her second paragraph to the need for homeowners to purchase filters for their telephones, or change to a better quality brand, should they experience such interference. This paragraph appears to imply that the FCC believes its requirements are sufficient to protect citizens from unwarranted radio interference, provided that they purchase equipment of a suitable quality. As we have discussed previously, the only portion of this matter that the City has any authority to address concems the height of the antenna used by Mr. Ness for his CB radio operatioa Should Mr. Ness wish to extend the height of this antenna to a point greater than 20 feet above the dwellin� roof, he would need to obtain a special use permit to do so. While such an extension could potentially reduce the amount of interference you are experiencing, it may well not solve the problem. The City will need to review this issue, should Mr. Ness file a special use pertnit to extend the height of his antenna. I have sent an application to Mr. Ness for his use if he wishes to pursue this option. % � February 1, 1995 Page 2 I realize that this response does not provide the assistance that you wish in adequately addressing your concern. However, it is the best response that I am able to provide given the City's very limited authority in communications issues. I would encourage you to continue to work with the FCC and your elected representatives in attempting to address this concern in the future. Feel free to call me at 572-3595 if you have questions, or wish to discuss �s fu�rtl�"er � s f • your patience in this matter. � � n ;.H`f� '�� Sincerely, Steven Barg Code Enforcement Officer SB:da Enc. CE-95-28 1t � , � _ _ UiYOF FRlDLEY FR[DLE�' �iCAIC[PAL CEVTER • 6-131 L'tiI�'ERSITY' AVE. A.E. FRIDLEY. �fY 55�13'_ • f763) �71-3�150 • FAX (763) 571-1'_'87 May 6, 2002 John Ness 6425 Baker Avenue NE Fridley MN 55432 Re: Paved Driveways Dear Mr. Ness: In 1997, the City Council adopted an ordinance declaring gravel driveways a public nuisance. They were declared a public nuisance for a number of reasons, such as: they can cause erosion, contaminate soil with oil and other vehicles Fluids, and deposit soil and gravel in the City's storm sewers and detention ponds. When gravel driveways were declared a public nuisance, the City Council gave property owners fve years to have their gravel driveways paved. The five-year deadline is quickly approaching, which means all gravel driveways within the City of Fridley must be paved with approved concrete or asphalt by December 31, 2002. If on December 31, 2002, your driveway hasn't been paved a citation will be issued and filed at the Anoka County Courthouse. A misdemeanor citation is a criminal offense and is punishable by up to 90 days in jail and/or a S700 fine. If you've already paved your driveways, Thank you! Please call me at 763-572-3595, so I can update our files. For your convenience, a brochure on the Ciry's loan program has been enclosed. You can use this loan program to acquire financing for your driveway improvement project. Please call Jim Hesnik at 612-335-2651, if you have any questions regarding this program. Thank you for your cooperation! As you successfully complete your driveway improvement project, please call me at 763-572-3595, so I can do an inspection of your property and update our fles. If you have any other questions, please feel free to call me at the above number. Sincerely, Stacy St mber�� Planner C-02-53 � _ Cl1Y OF FRIDLEY FRIDLEY �tCNICIPAL CEVTER • 6a3 t CN[VERSITY AVE. N.E. FR[DLEY, �iS >SJ3'_ • i763) 571-3350 • FAX (763) 571-1�87 July 2, 2002 Jahn Ness 6425 Baker Avenue NE Fridley MN 55432 Subject: Paved Driveway Reminder Dear Mr. Ness: This letter is a friendly reminder that all driveways within the City of Fridley need to be paved by December 31, 2002`. As you are aware, the City Council adopted an ordinance declaring gravel driveways a public nuisance. They were declared a public nuisance for a number of reasons, such as: they can cause erosion, contaminate soil with oil and other vehicles fluids, and deposit soil and gravel in the City's storm sewers and detention ponds. When gravel driveways were declared a public nuisance, the City Council gave property owners five years to have their gravel driveways paved. The fve-year deadline is quickly approaching, which means all gravel driveways within the City of Fridley must be paved with approved concrete or asphalt by December 31, 2002*. If you've already paved your driveways, thank you! Please call me at 763-572-3595, so I can update our fles. For your convenience, a brochure on the City's loan program has been enclosed. You can use this loan program to acquire financing for your driveway improvement project. Please call Jim Hesnik at 612-335-2651, if you have any questions regarding this program. Thank you for your cooperation! As you successfully complete your driveway improvement project, please call me at 763-572-3595, so I can do an inspection of your property and update our files. If you have any other questions, please feel free to call me at the above number. Sincerely, Stacy S mberg Planner 'If on December 31, 2002, your driveway hasn't been paved a citalion will be issuetl and fled at the Anoka County Courthouse. A misdemeanor ci:ation is a criminal offense an0 is punishable by up to 90 days in jail andror a 5700 fine. C-02-83