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11/20/1978 - 5755� I 2sx —1 � THE MINUTES OF THE REGL'LAR MEETING OF THE FRIDLEY CITY LOUNCIL OF NOUEMBER 20, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLED6E OF ALLE6IANLE: Mayor Nee led the Council and audience in the Pledge of A17egiance � to the Ftag. ROLL CALL: MEMBERS PRESENT: Louncilman Fitzpatritk> Councilman Hamernik Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None PRESENTA7ION OF PLAQUES - FRIDLEY GRACE HIGH SCHOOL AN� FRIDLEY aT - I Mayor Nee stated everyone in the City was supportive of the efforts + of both the football teams of Grace High School and Fridley Senior IHigh School in their great achievements made in football this year. i Mayor Nee stated, in recognition of those accomplishments, the Council, on behalf of the citizens of Fridley, wished to give recognition of those accomplishments and presented plaques to � each football team. Mr. David Nigon received the plaque on behalf af Fridl=y Grace Nigh School and Mr. Bob 0'Neill received the plaque on behalf of Fridley Senior High School. Both coaches expressed their thanks and appreciation for these awards. ADOPTION OF AGENDA: Councilman Schneider requested a resolution be added expressing appreciation�to Congressman Donald Fraser for his many years of service. F�TION by Councilman Hamernik to adopt the agenda with the above additfon. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEN FORl1M, VISITORS: � Mrs. Alice Anderson, 220 Rice Creek Boulevard, voiced a complaint I regarding a ticket she received for having her car parked in the street in front of her house at the time snow was being removed. She explained it was still snowing at the time she received the ticket and felt it was unjust for the City to tow cars away with- I out giving the owner time ta get out of the street. � I I 61s. Kathy B1air, 206 Rice Creek Boulevard, explained she couldn't get her car in the driveway 6ecause the roads were too icy and after � the plow went through, she was out removing the snow in front of the �' I car and planned to move it and the police officer gave her a ticket. ,: She felt this was unfair and stated she is going to take time off from school to contest the ticket. - I Mr. Dennis Early, 267 69th Avenue, explained he was unable to get ; I� up his driveway, therefore, his car was in the street next to the curb and he received a call from�the Police Department to move it. __. r—�— � a9� . lJ l_ i i REGULAR MEETING OF NOUEMBER 20, 7978 PAGE 2 kle stated, at this time> it was still snowing very heavily and �ahticket enMrt�Earlycstatedehe feltaitwasrsaferhtoeleavehthe d �ar and wait for it to stop snowing before trying to move it. 'Mr.�Don Blair, 206 Rice Creek Boulevard, explained the residents �._ but the manner inmwha�h�it wastenforcedhe He feltctheapol��eten, xicketss hHe po�nted out�there��eallYSeso t any certainspattero :on�how the�streets are plowed and felt there should be more yo[rststency in enforcing the ordinance. . Mr.. �lndrew Kohlan, 236 Rice Creek Boulevard, stated Rice Creek miethodaof plowin9tshouldebe changedWand plowfa�pathsso thatheir arehicles could get through instead of plowing close to the cur6 . anra-��where Lhe cars were parked. 'Mr_ .S4biech, Public Works Oirector, explained the City generally Leqins plowing operations after the snow has stopped, however, �� it is excessive they proceed with snow plowing operations. ile�explained that p7owing begins on the snow emergency routes ;�irst which usually takes two to four hours to complete. The �rivers are then dispatched to other areas of the City. He �euplained because calls were received that certain areas are �}�ys lask to be plowed, the areas where they begin are rotated. !M�., �nbiech stated�, if the operator of the snow plow encounters yses'�parked�in�the street, he will contact the Police Department �� plow thevicentersof the streethfirst andhthenrmove to�there muis`ide area. T4r.."Quresh'i, C9ty Manager, stated, once the plows begin their yper.at9ons-, the ordinance He�statedtticketsrarehissuedeto ��y.eM cles on ihe roadway. �vphi�ctes on the street only when the plows go into that area. {� ezpTained, however, if the police officer has not treated ��#izens politely, they will certainly check into the facts. RAr.. +lerrick, tity Attorney> explained if the citizens want the �ttow�removed as quic,kly and as economical as possible, cars parked vn the street prevent this and add to the cost. He felt it was the�:poTicQ vfficer's duty to issue a citation where he sees a ��viol:aiion and it vras the judge's duty to determine whether the ��.viulaLion Qccurred_ He felt, unless there are very extenuating ,d:�iscussinnseandttry to�resolventheseukinds of questions �engthy 'Nr.. Don Blair felt, if a police officer comes upon a scene where � ryerson�is physicaliy trying to remove his car, then he should -.usE�his discretion. � "Mr..`Her�ick felt he possi6ly should, but oa the other hand> he �has the ri9ht to issue a ticket and the question is pro6ably the individual circumstances at the time. 'Mr. Blair stated his concern is the way tickets have been issued. �� _ }le stated, in other areas of the City, cars are parked and the plows go around them and no tickets'nrche enforcementtofethee ( rrould like ta see some consistency rordinance. �Mr.s-. Anderson siated it isn't the amount of the fine, but the " :principle of it as she feels the ticket was unjust. Il�i / 300 REGULAR MEETING OF NOVEMBER 20 197g PAGE 3 Councilman Hamernik felt possibly some better public relations could have been used, however, the peopte weren't prepared for the amount of snow which was received since the storm wasn't predicted to be�that severe. He felt some of these circumstances could have been taken into consideration. Mayor Nee felt the question is mainly if the ordinance needs to be refined. He stated it appears the police officer enforced the ordinance as it was written. Mr. Herrick stated, for the past several years, this ordinance has been discussed, however, an ordinance is needed which gets the job dane. Mr. Kohlan felt, if the police could use loudspeakers to warn the residents they have to remove the cars from the street, there wou7dn't be objections if they did receive a ticket since they had advanced warning. PUBLIC HEARING: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councitman Barnette. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimous�ly, and the public hearing opened at 8:20 p.m. Mr. Sobiech, Public Works Director, stated the petitioner has requested, in this particular case, that the fee be waived. No persons in the audience spoke for or against this vacation request. Secondedyby Counci7man�5chneider.t�UponSa voeceUVOte,hall�voting aye, Mayor-Nee declared the rtrotion carried unanimously and the public hearing closed at 8:21 p,m, OLD BUSINESS: CONSIDERATION OF ENVIRONMENTAL UALITY COMMISSION APPOINTMENT � TABLED lliena �L FHITION by Councilman Hamernik to nominate Mr. Marvin Hora for appointment to the Environmental Qua7ity Comnission. Seconded by Councilman Barnette. � Councilman Hamernik stated Mr. Hora has an interest in this field and he is employed by the Minnesota Pollution Control Agency. There being no further nominations, Mayor Nee declared the nominations c7osed. MOTION by Councilman Schneider to cast a white ballot for Marvin Hore for appointment to the Environmental Quality Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, a11 vot_ ing aye, Mayor Nee declared the motion carried unanimously. � � I I I 1 � i ' 1 i I �: �, I ��I '� i ! � ` f` j j I REGULAR MEETING OF NOVEMBER 20, 1978 PA6E 4 301 NEW BUSINESS: . -CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR SAV q78-D4> IMOTHY MUNN AND TOD� BL IR: MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading and further, to waive the fee as requested by the petitioner. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, MaYor Nee declared the motion carried unanimously. RECEIVING THE CABLE TELEVISION COMMISSION MEETING MINUTES OF �NO EMBE�B� � � MOTION by Councilman Schneider to receive the Cable Television Cortmission Minutes of November 2, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � fANSIDERATION OF INCREASING PAY�FOR ELECiION JUDGES: Councilman�Schneider stated he would sug9est the rate of $3.00/ hour for the judges and $3.50/hour for the head judges. MOTION by Councilman Schneider to concur with the recommendation of administration for pay increases for election judges for 7979 at E3.00/hour for judges and 53.50/hour for head judges. Seconded by Councilman Barnette. Councilman FitzDatrick felt a differential in pay should be maintained 6etween the judges and the head judge, but felt it should be more than proposed. MOTION by Councilman Fitzpatrick to amend the above motion to increase the pay for election judges at 53.00/hour for the judges and $4.00/hour for�the head judges. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. MayoraNeeldeclaredTtheNmotio�Ecarr9ed�unanimously ted aye, and Councilman Schneider stated henh��d'n�the CETA�portionarbut9the same of the changes proposed> other departments. Councilman Hamernik indicated he would like to discuss the e�tire resolution more fully. MOTION by Councilman Schneider to table this item to the first meeting in �ecember. Seconded by Councilman Hamernik. Upon a� voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt Resolution No. 1U-797e. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, MaYor Nee declared the motion carried unanimously. __.. 3oz REGULAR MEETING OF NOVEMBER 20, 197g PAGE 5 nuiiurv by Councilman Barnette to adopt Resolution No, tlg_lg7g, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion car�ied unanimously. Mr. Sobiech, Public Works oirector, stated a public hearing was held in 1971 for this portion of East River Road, but because of recent legislation, it is required the Council hear this matter again. I Mr. Herrick, City Attorney, stated a law was passed which states I if the City is going to levy special assessments, the hearing must have been held within the last year so, therefore, it is I necessary to again have tAe hearing on this project. MOTION by Councilman Fitzpatrick to adopt Resolution No. 119_�g7g Seconded by Councilman Schneider. Upon a voice vote, a17 voting� .I dye, Mayor Nee dec7ared the rtqtion carried unanimously. I ��^� RESOLU7ION N0. 120-197g RECEIVING THE PRELI�dINARY REPORT AND � CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF • CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1g7g_1 ' ST. 1979_p MSASjAND ST 7979 a lren}{ ; I' iMr. Sobiech, Public Works Director, stated> based on discussions , rith residents, he would recanmend under ST. 1979-7 that Channel Road, Capitot Street-and 66th Avenue be deleted at this time. He ' also�recortmended that under ST. 1979-4, Osborne Road be deleted, as it was not petitioned and could jeopardize other improvements. i MOTION by Councilman Schneider to adopt Resolution No. 120-1978, with the deletion of Channel Road, Capitol Street and 66th Avenue , under ST. 7979-1 and the deletion of Osborne Road under ST. 197g_q, . Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting ; aye, M<yror Nee declared the �tion carried unanimously. j RESOLUTION N0. 121-7gjg TO ADVERTISE FOR BIDS - FOUR WHEEL � T CTOR LOADER• �� MOTION by Councilman Barnette to adopt Resol�tion No. 127-197g, Seconded by Councilman Scbneider. Upon a voice vote, atl voting aye, Mayor Nee declared the motion carried unanimous7y. � i � MOTION by Councilman Namernik to grant the license to Target forV` L a mobile home to 6e used as an office for a two year period. Seconded I by Councilman Schneider. Upon a voice vote, a71 voting aye, Mayor Nee decTared the motion carried unanimously. I - RESOLUTIOIJ N0. j22_1g7g E%PRESSING THANKS AN� APPRECIATION TO LONGRESSMAN��ONALO M. FRASER: Councilman Schneider read this resolution and moved the following: I MOTION by Councilman Schneider to adopt Resalution No. 122-1g7g, Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _ I ' I : � . � �� . � 1tf6ULAR MEETING OF NOVEMBER 20, 1978 PAGE 6 303 iILfN5E5: lqT10N by Councilman Hamernik to approve the licenses as sudnitted and as on file in the License Clerk's Office. Secooded by Councilman Schneider. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. tLAIMS: 1�1TION by Councilman Barnette to authorize payment of Claims No. 313A04 through 319776. Seconded by Councilman Schneider. Upon a voice vote> all voting aye, Mayor Nee declared�the uotion carried unanimously. �ST;MATES: qDT30N by Louncilman Hamernik to approve the estimates as subnitted. izsn 's��ieers'Excha ge�Building� Haskvitz Mjnneapolis, MN 55402 Far tegal services rendered as Prosecutar �$ Z�ZZ0.00 #or the month of October, 1978 yleaver, Talle & Herrick 6279 Univers�55432enue N.E. iridley, MN For 1e9a1 services rendered as City Attorney � � �55.10 for the month of October, 1978 �conMayoryNeeudeclaredstheemotion carriedVUnani�uslyall voting pD30U�_ Seconded Np7IpN by Councilman Barnette to adjourn the a�ltvoting aye, by touncilman Schneider. Upon a voice vote, and the }8ayo� Nee declared the motion carried unanimously 1978 Regular Meeting of the Fridley City Council of November 20, adjourned at 8:35 p.m• p�spectfu7ly submitted, Laro7e iladdad SQCy, to the City Council ppproued:______— William J. Nee Mayor �- i i �,0� I FRIDLEY CITY COUNC 1 L �"'" � v� REGULAR i1EETING - tJOVEMBEP, 20, 1978 - 7;3p P, M, P�EMO T0: DEPARTMENT HEADS FOLLOWIN6 ARE THE "ACTIQiJS IJEEDED", PLEASE HAVE YOUR ANSWERS BACK IN THE CITY MANAGER'S OFFICE BY THE �'iEDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING. THANK YOU� 11/29/73 TO FRIDLEY SEh10R fiIGH SCHO�L AND FP.IDLEY GRAC� HIGH SCHOOL FOR r'iINNING FOOTBALL CHAMPIONSHIPS Presented (�' OPTIOiJ OF !�GEfJDA: Added: Resolution Expressing Appreciation to Conaressman Donald Fraser OPEV FORUfI, VISITO�S: ��ONSIDERATION OF ITEMS NOT ON AGENDA - 1� i�1NUTES)' Residents on Rice Creek Blvd. - snow reraoval procedure GU PUBLIC HE�RIiVG: -. PUBLIC HEARING ON STREET AND .iLLEY VACATI�N REQUEST SPiV i,�73-0�l, TIA10THY i'�UNN AND TODD BLAIR �STREETS AND ALLEYS IN I'�1LL C0�IPANY�S ADDITION TO FRIDLEY PARK,,SU°ERCEDED BY fiILLCREST ADDITION), , . . . . , , , . 1 — 1 D Public Hearing opened at 8:20, closed at II:21. • NO ACTION NEEDED: See Item tdo. 3 • 0!� i�USIi�JESS: CONSIDERATION OF �fdVIRONMENTAL �UALITY �OM�4ISSION f1P?OIPJTMENT (TasLED 11/6/7�3). , , , , , , � � � � 2 Pir. P4arvin Hora appointed. ACTIO__ N�lEEpEp; Inform Mr. Hora of his appointment. r�E:.�� ust;iESS: CONSIDERATION OF FIRST �EADIN6 OF AN.ORDINANCE FOR S�U ��—D�I, TIMOTHY iIUNN AND TODD ilLAIR. , , , , , , , � 3 Adopted on first reading and fee waived ACTIO____ N;�EEpEp: put on next regular meeting for second reading. � y __ NEW BUSINESS (CONTINUED) RECEIVING THE CABLE TELEVISION COMMISSION P�EETING f�INUTES OF NOVEMBER 2, 1�]�, , , , , , , , � � Minutes receives )RKS ACTION TAKEfJ: P1inutes have been filed for future reference .,,.4-4J CONSIDERATION OF INCREASING PAY �OR ELECTION �UDGES, ,,, S Approved increase to $3.00 for judges and $4.00 for head judges ACT.ION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION AUTNORIZING GHANGES IN .�PPROPRIATIONS FOR THE uENE2AL FUND (CETA AND OTHER)� ., Resolution tabled ACTION NEEDED: Put back on first meeting in December I CONSIDERATION OF A RESOLUTION �RDERING PRELIMINARY PLANS, �PECI�.ICATIONS AND ESTIf1ATES dF THE �OSTS THEREOF: SEWER AND i!ATER IP1PROVEMENT PROJECT �125. Resolution No. 117-197g adopted 3LIC IdORKS ACTIOIV NEEDED: Proceed as authorized ... : . 7 LA N6 ER � + � NEl� BUSINESS (COIVTINUED) PAGE � CONSIDERATION OF A RESOLUTION hECEIVING TI1E PRELIMINARY f�EPORT AND CALLING A PUBLIC HEARING ON TNE �`�ATTER OF THE CONSTRUCTION OF CERTAI� I!�IPROV[I�IENTS: SEWER AND I'IATER IM?ROVEMENT PROJECT �IZb. . , , , , e � � � � � � � Resolution No. 118-1g7g adopted ' g_$ A IC WORKS ACTIO�pEp: proceed as authorized . CONSIDERATION OF A IESOLUTION ORDERING PRELIt�1IPd�RY PLANS, $PECIFICATIONS AND ESTIPiATES OF THE COSTS 7HEREOF: $TREET IMPROVEMEfJT FROJECT $T. 19i9-�I, hIDDENDUM �rl. . . , . � . . . � . . , . . . � � . . , . . � Resolutior� No. 119-I97g adopted ACTIO��EpEp: Proceed as authorized CONSIDERATION OF A nESOLUTION ��ECEIVING THE PRELIMINARY REPORT AND CALLING A I�UBLIC HEARING DN TI1E 1"IATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STr�EET IP1PROVEMENT �ROJECT SZ. 1973-1, $T, l�]?-Z (��Sa�) aNn ST, 1979-4 (CS�H) . . . . . . . . . . . . . . . . . . 10-1�B Resolution fJo. 12p-1g7g adopted with the deletion of Channel Road, Capitot Street and 66th Avenue under ST. 1979-1 and the deletion of Osborne Road under ST. 1g79_q, ACTIO�pFp: proceed as authorized �,_ � NE1J BUSIiVESS (CONi I�lUED) CO�SIDERATION OF A I;ESOLUTION TO ,�JVERTISE FOR i�IDS - FOUR �'�NEEL TRACTOR LOADEP„ , , , , , , , , , , , , , , , 1�. - 11 a Resoluiion No. 12]-1978 adopted ACTION NEEDED: . Advertise for bids as directed CONSIDERATION �F A ZEQUEST FOP.i'�OBIiE HOt1E LICENSE =0R TARGET WAREHOUSE TO SE.USED AS AN OFFICE FDR TIVD i�EARSi I��S'� ��RD nVENUE �i. E, , , , , , , , , , , , , Approved for a two year period • ACTIOP� NEEDED: Inform Target of Council decision 12 - 12 A RESOIUTIDN N0. 122-1978 EXPRES5IN6 APPRECIATION TO CONCRLSSMAh DOtL41D FitASER Resolution No. 122-1978 adopted ACTION NEEDED: Proceed as authorized � LICENSES. . . . . . . . . . . . . . . . . . . . . . . . : i3 -. 13 A Approved ACTION NEEDED: Issue iicenses as authorized �LAIMS. . . . . . . . . . � . . . . . . . . � . . . . . � ��# Approved ACTION NEEDED: Pay c7aims as authorized ESTIMATES. . . . . . . . . . . . � . . . . . . . . . . . 15 - 15 B Approved ACTION NEEDED: Pay estimates as authorized ADJOURi4i 8:35 P.M. FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: NoVember 20, 1978 NAME ADDRESS ITEM NUMBER __________________________________________________' - 0 � rJ�u,n oW iili L✓�— �oC - I,�c�i— GaCrz`n,cL Rl�✓!� G✓�i�'�! !�a " rl ii ��v %� � � �'� r � i� � �vr�G� �/3 ��- /,U.�s,�F/�'ii�,u � � .U� „ � / � /OGG 3 . �t/. cv . �` " 1'�.2 � 7%6 ! Slt b (/ /�`/L 4 N�S j/I i� r 6SiU ��1�P S{,,�, , „ „ � ��.Q� ._� ,� � _, � . _ ,�,.. _ � . , „ , . �.� . .. -�:..�.�� :�:.�T'�� \\ � \ , � 1. .� �(i '/ / �� .�. ,..1✓�_ „ � ��n � FRIDLEY CITY COUNC I L REGULAR i9EETING — NOVEMBEP 20, 1978 — 7;30 P, f4, PLED�E OF ALLEGII�yCE: PRESENTATIO�a OF FLA�l1ES: TO FRIDLEY SE�aIOR HIGH SCHOOL AND FP,IDLEY GRACE HIGH SCHOOL FOR i'IINNING FOOTBALL CHAMPIONSHIPS I�OPTIOid OF AGEPJDA: OPEN FORUP�I, VISITO�S: iCONSIDERATION OF ITEMS NOT ON AGENDA — L i91NUTES) NovE NE'ri BUSINESS (CONTINUED) PAGE 4, � CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY I�EPORT AND CALLING A PUBLIC HEARiNG ON THE �`�ATTER OF THE CONSTRUCTION OF CERTAIy IMPR�VEI•1ENTS: SEWER AND I'I�TER IM?ROVEMENT PROJECT #IZb, , , , , , , , , , , , , , g - $ A CONSIDERATION OF A IESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIP;ATES OF T!-IE COSTS INEREOF: STREET IMPROVEMEf�T PROJECT ST, 1979-�+, tIllDENDUH �rl� . � . . � . . . � . . . . . . . . . . . . . J CONSIDERATION OF A �ESOLUTION {�ECEIVING THE•PRELIMINARY REPORT AND CALLING A I�UBLIC HEARING ON TIiE �°iATTER OF THE CONSTRUCTION OF CERT.4IN IMPROVEMENTS: STREET IP1PftOVEMENT �ROJECT ST. 1979-1, ST. 1��-2 i��Sr�J) AND ST. 1979-%� (CSaH) . . . . . . . . . . . . . . . . . . :10 - 10 B PUBLIC NEARIPlG BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, November 2Q, 1978 in the Council Chamber at 7:30 P.M. for the considerat�on of the following matter: Consideration of a request for a Vacation, SAV #78-04, by Timothy Munn and Todd Blair, to vacate County Road "R", Lakeshore and Railroad Avenues, Oxford Street and all the alleys in Blocks 1, 2 and 3, in that portion of Mill Company's Addition to Fridley Park, lying in Hillcrest Addition, located in the South Half of Section 10, T-30, R-24, City of Fridley, County of Anoka, Minnesota. The purpose of this vacation is to vacate streets and alleys which have never been improved and have been superceded by Hillcrest Addition. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. WILLIAM J. NEE MAYOR Publish: November 1, 1978 November 8, 1978 � ° ; �'i': – �.iti ! - _-- -__ 1 a -__-,.�-�. . :�,.v ,.:,::�:� ;: �,-��:: - . L�� . ��!v.[ri:.t'"-'�'"; �\ . ., JiT -• {{j :'i�–.1']'� �� l~_ 1^ _� ._—.. �. vw.s_v.� • _ Y� ^Y�, i'b�.!'�•�' � � . ..): � � .�c_ "1`, :9 � m • L a+ N � H-. pf O C T V d � Q 'O U O G. 1-� 2 C N y L E r c u— � m o n.ro a v o � 0 c u m T y ar N C .0 7 O +1 U N J nJ •'l L � T a+ a-+ C V� � y o� � � �� L :+ a.� N N lp A 3 r �+ in 'O L �– Y � vl W T � L Y L {� � r`� � a � Ms. Gr�bel aiaked Mr, F3osrdman if he hsd found out about i;ha trtnl Por the i B 4O foot Iota. Mr. Aonrclnu�n atutad that it h.udn't becn scheduled yet, and the n'ctorneys ctre still wox•3;ing on all the worY, which proceed� ¢ i;rir�l. 2dr. lloxrd;nan atnted that it rrould probab]y be Jftnuqry, FcUruary or ldarch of nezt year: tmorr n vozcr vcrr�, AIS, VOTIT;G AY�� CtIAIR.MJIN FiAFStIS DF.CLrttu� TF� r.toz�zorr :o APPROVE TI� ;?;pTi;I•�;uR p7� lg7a� PLANNIP;G COP�4dISSION MlPdtli'�S AS CORR�CTE�, CFlRRiT:'U IJidANI2;0'JSLY. _ -,.,_. , . .... ._ _ .... � _ _ ._. l. VAC�1TIOt1 fi��UFSl :'�SAV =' 8_04i D�i TIbfOTHY A:UA�;,T AP?D TCDD BLAIR; Vacate County Road "I2"� �-�Y.e�hore /�venue� Railroad tivenue� and Oxi'ord Street, and qll allays 2n Blocks 1, 2�nd 3, of ¢n obccure plat that was knrnm as h;ill Co:r:pany+s Addition to Fridl�y P�rk, to cle�r up le�al problem on Torrence property so D1unn�e Hillcrest Addition can be recorded at Anol:a County. (Hillcrest Addition platted in 1923), 1�'• Roardman stated that the problem �� that tYxe Mill Coinpqny Adlition uu� never e recordcd plat et the City oY Fridley. It vras recorded at the C^aaty but has never been a'c the City oY Fridley. In order to clear up the leoal problem3 rre had under the Iiillcrest A3dition' we have to vacate all oP the olfl plat becausc cf the Mill Company F.ddition, so that they csn recard c: mske improv�ments they need •to t,ake on the p:opzrty. Na'. Harris asked ii' -the petitioners wauld 13ke ta n;l:e a�yy state.•a:nts. Mr. Munn and Mr. Bleir had tto cc�ments. h�. Lungen:eld ae?ced ig alI this wss vQCa�ed., wou.L+� it thc� join the t�o blocks as such together. Mr. Herris stated that it would, and they wo�ald then file their new plot. They cannot file their �ew plst until these s�treets and a17.eys are vaceted. Mr. Hr�rris asked iY $he necessary eesements and things wcre taken care oP in the new pia�ting. Mr• HoAx�maa stated �hat they v�ere. MP. li8rris a3ked if Lhey knew when this old plat was recorded at the County? Mr• Munn stated he tho•aght it was 1876. MOTIOP7 by M�. Cebel, seconded by Mr. Storla, to recoavnen3 to City Covncil, ap�roval oiS the VocAtion Request: SAV �{7Ei-04, by Timotby Diu� and Todd Blqir: to vucate County Road "R", Lakeshore Avenue, Rc�ilrond Avenue, and Oxiord S`treet� nud all sl2eys in Dlbcks 1, 2 and 3, oP An obscure plat �that wc� k.nofm 8s Mill Compe�y's Aci<�ition to Fridlcy Park, to clear up le�al problem on Tcrrence proPertY so Munn's Ili.11cre3t /',ddition ecn be recoz�ied et Anoka County. (Fii17.c:est Addition platted in 1923). � pLANNIS7G CO2+Q,fISS70N ML'�TINC, OCTLl)�R lt� 1978 _ p;y;,E 3 1' � UPON A VOICE VOTE, ALL VOTING AYE, CIiAIFtMAN IiAEiR2S D�CLARED THE bfOTION CARRIED UNAidINOUSLY. Mr. Hanie infortued Mr. Munn and Mr. Blair that this would go to Council on Octobcr 23, 197f3. _ 2. CONTIPIUID: MEh;ORANDUf4 OF AGR�EDiCNT: hK)TION by Mr. Storla� seconded by Ms. Gabel� to continue the Menorsndum oY Agreement. OPON A VOICE VOT�, AIS. VOTING AYE, CAAIRMAN FiARR2S DECLARID THE N(YPION CARRIID UNANIN;OUSLY. 3. REVIESd TSf•,,'�.TABLE FOR R�VIE41 OF PROPO�D CfiANGES IN CHr1PTER ?_05. 7,ONL�G: Mr. Bossdman stated that he sees nothing wrong with the timaiable and wevld like thecommissions to do a little preparation before the meetin�. Mr. Board�an atated that he would like to stay within the timetable and would encourage the Co�nission to not use the time at the n�etings for their r�viex tinz, but ta use the meetino time to bring out th2ir recommendations on the ordinaace. Mr. Boardsan stAted that memUer commissions have two months for revieca, and the Planning Comnis�ion is scheduled for three meetings; two regular mee-tinga end one public hearing meeting. Mr. Hs��is staied that they might be .rurmiug a little tighz, but the;� wculd give it a try. Mr. Boardn�n stated that if the Cc�miesioas f�lt they needed add3tional neeting time, he would suggest they hoJ.d. additioaal meetin�s. Ms. Gabel asked Mr. ilarria if he wes still vrorking with the Chamber reg,rding this. Mr. Harris stated th�t he h�dn't talked to them at all abaut the changes Sn the Zoning Code. Mr. Ilarri:� stated that they had had �ever�l Ret-to�ether� and ii was decided that we would �o throvgh it and come up xi�h our rec��sadations for chan�es� ar.d then they would react to that. bfs. Gabel asked whst had happened to the plan where they Nould have one graup go through the industrial And one group 3o through the conrmercial. Mr. Harris stated that it had iallen throue,h. Mr. Lan�enfeld stated �that in re�ard� to the Environmental Quality C arm.nission, rather {:han have them �o throu�h it iu detuil, he Would like to Approach it with the environmental standpoint in mind. N�r. Lfln�enfel.d r�tnted that 2�. Eoardmsn had inc.luded eome items they Would be concerned About, and perk�aps they could hsve in general certain environmentAl st�tements that apply to re�pective ordinancea. ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07.OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of streets and alleys as described ' as follows: County Road "R", Lakeshore Avenue, Railroad Avenue, Oxford Road, and all the alleys in Blocks 1, 2 and 3, in that portion of Mill Company's Addition to Fridley Park, lying in Hillcrest Addition, All located in the South Half of Section 1D, T-30, R-24, City of Fridley, County of Anoka, Minnesota, be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesata Statuiues and pursuan� to Secti�n 12.C7 or' the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. MAYOR - WILLIAM J. NfE ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: November 20, 1978 First Reading: Second Reading: Publish........ 3 . - �F CATV COMMISSION 1?LF.TING ftovember 2, 1978 �� i CALL TO ORDER Chairperson Raspszak called the meeting tv order at 7:30 P.M. NfE:t�ERS PRESENT: Edward Kasoszak, Burt Weaver, Larry Chevalie (Harold Belgum arrived just before adjournment� MEt+�ERS ABSENT: Carolynn Blanding .. OTHERS PRESENT: Mayor Nee,Clyde Moravetz, Blake Balzart � Lee Steckman, Pam Anderson Douglas Hedin, Attorney W. D, ponaldson, Executive Director, Cable Co�nission Board - James Erickson, Legal Counsel for Storer Broadcasting and Northern Cablevision, Ember Reichgott, Legal Counsel for Storer Broadcasting and Northern Cablevision, Mark Scott David DuBois T_nc. Inc. Mr. I:aspszak asked if there were any changes or additions to the minutes of the last meeting, October 19, 1978. MOTION by Mr. Chevalier, seconded by Mr. Weaver, to approve the minutes o£ the October 19, 1978 meeting as written. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Hr. Chevalier, seconded by Mr. Weaver,'to accept the letter from Councilman Dennis Schneider, dated October 30, 1478. Upon a voice vote, all voting aye, the motion carried unanimously. 1. OLD BUSZNESS A. Disnuss Sharing Equipment with Fire Department Mr. i:aspszak asked Mr. Balzart to report on this item. ,� �G Mr. Balzart referred to page 5 of the last month's minutes, regarding the word "knowledgeable" in Mr. Aldrich's letter. :ir. Balzart • stated he spoke to Mr. Aldrich about the word knowledgeable and the general guidelines for use of the equipment. Knowledgeable would be someone who had previous e�cperience and/or education in use of similar video equipment. Mr. Aldrich is looking for someone who has a basic understanding and/or exaerience in use of the equipment. Mr. Ealzart asked him about the Anoka County Workshop using the equipment. Mr. Aldrich siressed the fact that damages that might occur by the Anoka County f•Iorkshon using it would have to be repaired by the Anoka County FJorkshon paying for them. Mr. 1ldrich suggested that either Mr. Aioravetz or Mr. Balzart be present durin� tapings and productions or approve ..., � � PAg,e 2 CATV COMMZSSION M1iETING NoVember 2 2978 of the persons or groups using the equipment. He also stated at thia particular time he did not see a need far a maintenance agreement. tIowever, if there was a large demand for the equip— ment then an agreement would have to be fox�ulated to offset the increase in costs. Regarding their insurance policy, they have a policy which covers fire and theft but not damage. Damage by dropning or sc�mething like that would not be covered by their insurance. Mr. Balzart suggested anyone wanting to use it should have irs urance to cover any damages. Mr. Sdeaver stated since he was the one who raised the question about knowledgeable, he felt Mr. Aldrich had explained it verq ` well. He asked it be part of the minutes of the meeting. He stated Mr. Balzart`s report was also quite adequate. Mr. Kaspszak asked that the entire report of Mr. Balzart's be entered into the minutes (copy attached}. Mr. Rasnszak suggested getting an inventory of the equ3pment fsom tfie Fire Department and we will shaze that information with t5e company and the workshop. Mr. Balzart stated he discuss with Mr. P_ldricn the promo tape about GTV and Mr. Aidrich was receptive to that idea but tfie st�bling block was establishing an insurance policy regardi.ng damage. Mr. I'caspssa� aske3 *Sr. itoravetz to check with the City Mar,ager to see wfiat suggestions he might have on how we could handle this. � B. Distuss Possible Need for Bonding of GTV for Service Installations 2�'. t�.oravetz stated the response £rom Mr. Herrick was sent to everyane. Mr. Herrick addressed that issue as well as the copyright fees. His position is that it is the private property owners vs. the installers. He did not feel the city staff would be equipped to handle com�laints. He feels that it is not a position of t�e city to Uecune that involved in this. Also the hand deliver lerter from Councilman Schneider was mentioned. ?'Ir. Schneider responded to items on the agenda. ile feels since the city issued the iranchise there is a minimal amount of x�sponsibility to prctect the pronerty. It was up to the Co�ission to decide and tnake reco�er.dations to the Council on fiow they woiild like to proceed on this issue. Mr. Moravetz stated the city in the past has not received any other similar complaints. To add to this the gas company has a franchise wxth the city and the.re is noth.-ing in that franchise that is different from the GTtT franchise. Mr. S7eaver star.ed it was ho�e there would be so�nething in the afaLe 1aw to cover tt:is. The statute d1d not do what he thought it *aould do. Y.e ,tated the Co�ission should pursue this issue further. See if there is some sort of prec�dent to set and for Cable TV to have some bonding, 4� ..... .. ... ..... ...... _ �I � Paqe'3 CATY COMt4ISSi0N MEETING NOvember 2, 1978 � Mr. Chevalier stated as far ae bon3ing goes, it was hie purpose to discuss it. He stated he would be inclined to say we operated okay without it and there should be no major problems. iiis maia concern was the city's liability. , Mr. Kaspszak stated Mayor Nee and Councilman Schneider felt there is something needed. He suggested if we are going to amend the ordinance we can include it there. : Mr. �•leaver stated we should check two or three more places. Then we can finish it. Mr. Raspszak stated we will discuss it further at another meeting. Mr. Moravetz stated he wanted to refer to Mr. Gerard's letter in responding to Mr. i7eaver on his personal feeling. This letter should be considered also. C. Discuss the Handling of Copyright fees Mr. S�7eaver stated he felt it would become a bit cimmbersome, if we are to go through public hearings, etc. Every time the copyr±ght fees are modified they have a change in the fee. It would be very c�bersome if we were to require the public hearings. On that particular issue we could find the aapropriate wording for the ordinance to aliow GTV to pass the copyright fees through without changing the city ordinance. Mr. Chevalier stated it is an iavolved subject. He goes along with Pfr. Weaver but again when this is worked on we should be cautious. There are a ntimber of subscribers, or whatever they use to gauge this, so that if they gear un to do a larger business that these fees aren't collected for that would maybe coming in the future. Mr. Kaspszak asked if we should handle this separately. ttr. Weaver stated he felt both of these could be handled together. Mr. Ptoravetz reminded the Co�ission of �4 in the packet that was mailed out — a letter from Mr. Gerard. On page 3 of that enclosure was a suggested ordinance for changing 405.22 of the local ordinance. It is merely their suggestion and I would also like to point out Mr. Schneider's reaction to that in his correspondence. He responded to that with some wording that he would be more comfortable with regarding the copyright. We should take all these into account. 2. NEW BUSINESS A. Report from Noithezn Cablevision, Inc., an Operating Subsidiary of Storer Broadcasting of Miami, on Cable Television Background and Proposed Operations in Fridley h , . y �,cKaspszak stated at the lastpmeeting Mr. GeinrdWi�h �O7eThe Commission thatA�TV��9pointhin timegwe�wererwondering what the groadcasting. next step was. We were told that thietalgcounsel forlStorer,ou December or January. Mr. Erickson, Y roved by the ' informed Mr. Kaspszak that the merger needed to be etition the ehareholders and when that is done then they will p ; Council. In preparation for that, the Co�ission i�vnvDe p members of the Council, members of Northern Cablevision, r, le and former members of the CATV Cotmnission to the meeting tonighteo le. At this time we will receive comments and input from these p p "�. James Erickson, legal counsel for Storer, introduced himself and Ms. Ember Reichgott to the Commission. Mr. Erickson stated Northern Cablevision is a Minnesotaacnationalnconmiuni ations� ompany. subsidiary of Storer Broadcasting, It owns seven TV stations, radio stations and a number of �obbring stations. tie stated at a later meeting hP would be happy more information about them. It would be their hope that a=�rof holder approval would take place some time ilaceesoontafter. "�e9 this year and the other approvals can take p to come are look3ng at the end of DecemberuestftransferJofuthe franchise from to the Commission and fox�a11Y Ie4 GTV to Northern CableviuisitionesotheeishnotlfamiliarPwithntheorthern Cablevision in this acq purchase terms. He stated he wanted to give the Caffii�sion some background on Norther Cablevision interests and activities in this marketplace. He stated Minnesota was brought to the attention of Northern Cablevision by rtf: Jeff Marcus. xe stated Northern Cablevision has acquiied the Bloominp,ton system and in October they also purchased the franchise.from St. Louis Park. Construction °f ear. St. Louis Park system will probably begin all1Teenew franchises. It Store= has also undertaken a program to acq has filed a notice with the State Cable Board ssith its intention to form a cable serviee terr-itorv in southern Her.nepin County with five municipalities. These are between St• �dina,PStk LouiB1Parlc��ton. The coffinunities are Bloomington, P.ichfield, Hopkins, Eden Prairi° and Minnetonka. After the State Cable Boathen i�as approved the cable service territory, Sea=tametheseem nicipalities Northern Cablevision will come back and app for a franchise ordinance to be adopted. He stated are the intensions of Northern Cablevision at this time. He stated the next day Storer would be meeting with the representatives of the Nortustsnorthlof the S'fudy Co�i.ssion. This includes the municipalities j southwest cable study coimnission. They are also interest in cable service. He stated Storer wanted to provide any information the Commission needed especially as it concerns Fridley. Mr, Raspszak asked if there were any questions. ; i9�s - 4 D Mr. Weaver asked Mr. Erickson how soon will the information be available about Northern Cablevision and Fridley. Efr. Erickson stated it can be available i�ediately. The only reason he had not sent it by now is they. did not want to rush into ; something that might be premature. a r ` Mr. Weaver asked Mr. Erickson if he saw auy major impediments in the transfer. Mr. Erickson stated he was not in the best position to tell the Commission but he did not see any. He did not see any problem with GTV, Mr. Weaver asked Mr. Erickson what advantage this merger would be to Fridley. Mr• Erickson stated St. Louis Park and 3loomi.ngton took the view that they had no where to go but up. Bloomington had many vroblems, He stated he did not know anything abouY. Fridley but it was his understanding there is a general satisfaction in Fridley with GTV, He saw these ways things would be imnroved. GTV operates three or four systems, ?iorthern Cablevision is a larger comvany and �as greater resources, more experience, etc. He stated we would be looking at a greater depth of capital and experience. Also Northern Cahlevision hoped to use its ability to interconnect syste�ns. He felt this would be an advantage to Fridley, tlaybe even aa iater— connection between Bloomingtoa, St. Louis Park and Fridley. Mr• tf�ravetz asked if ttorthern is interested in all first �ing suburbs. . Also, what would happen to the second and third ring suburbs. Pir. Erickson stated Northern is interested in the seven southwest suburbs and some surreunding suburbs expressed interest. :Iorthern is looking at that and has made no decisions. There has been some discussion about Columbia Heights also. Plorthern is also looking at that. They are also looking at Robbinsdale, Crystal, idew flope, aad Golden Valley, Plorthern wants to use the ltain Cities as a donut. They are looking at the donut but r.ot the hole in the middle. Mayor Nee asked what are the implications of the notice of terrftorial designation. tfr. Erickson stated the state law requires the cable service territory to be fo�ed prior to a city preparing a franchise. It has to be approved by the State Cable Board. It is a not3fication so people in the coa¢nunity know cable is coming, Mr. Donaldson stated he was the new Executive Directur of the Minneso[a CabZe Commission Board. He stated at the time the statutes were fozmed there was consideration that there would eventually be one oi not very many cable operators in the metro area. There was a feeling there should be common channels. Esta6lishing a cable service terzitory is essentially your intentions and then once the communities have a chance to get on that then they �y do sp, It ia not right y. - .................. . _.........__ • 4E Parte '6 CATV COMhtISSION MEF.TING November ' 2 L 1478 for the Board to have one granted where a cownunity would not want one. The Board cannot fozce a couur�unity to do something it does not want to do. Mr. Balzart asked Mr. Erickson what he foresees in Northern's ' role in serving local origination, local programming, etc. 1 tir. Erickson stated he was not competent to answer that. Obviously, in each franchise there are requirements for that kind of pregraffiing. Northern intends to build 20 channels with the capability of running more. Mr. SJeaver asked Mr. Erickson about ready access. Will Northera keep the office here. Mr. Erickson stated there is going to be some high level management in Minnesota. Mr. Kaspszak stated he had a caution that he should point out to Mr. Erickson. Assuming a merger is finalized, it appears to me that appruval by the Council can only happen once the Co�ission has gone through its procedures. He stated he saw this as a two to three month process. We will be looking at March lst. Mr. Erickson stated he would infoxm Storer of this. Mr. Raspszak stated cnce the Petition is made by the companc, then at that time we will have a series of public hearings as a Ca�uaission. It will take two or three sessions of 3-4 hours each. The next move is on the part of the company. Mr. P.aspszak asked Mr. Hedin to give thP group a brief history of G19 and Cable TV in Fridley. Mr. Hedin state.d it is laid out in a statement by the Commission in 3ts reco�nendations to the City Council dated September,1977. It is �5 in tfie par_ket. IY. is a long and endless dispute with �TV. The situation presented tn the Co�ission now is whether we should try to amend the ordinance. This should be an opportunity to update the ordinance. The big probelm for the last 2'-f years is there has been a pay onZy syetem which is alr�ost independent of the regular cable system. Back in 1975 it was unique in the United States. Because at that time cable had been pre-empted by the FCC the city found 'Lt is with no control o£ [hat portion of the system. It has been a sore spot for the last three years. The franchise in Fridley has something that forces the company to dedicate 20% of the channels for pnblic use. That is a hugh amount. The FCC says you cannot have 20Y. They forced the Cfty Council to pass a resolution that they would not enforce 4 or 5 sections of the ordinance. Then about two years ago the city decided to revise tha access rules. This permitted the city to adopt certain FCC regulations. The city did �ot really want to do this. Slhy give un 20% which is 8 and go down to 3. Shortly [hereafter, the access requireu�ents were under attack and the Midwest Video decision threw out all access require- ments on the federal level. TF.en last gear the Council informed the FCC by resolution that it considered its earlier resolution null and vaid and woul3 enforce the 2�X requirement which ie stated in the • 4F Page 7 CATV COMMISSION MEF.TING November 2, .1978 ordinance. He didn't think we could adopt FCC regulations that have been declared unconstitutional. That is where we are right n�w and that is why it may take same weeks to resolve this isaue. Iir. Erickson stated that Northern is in[erested in working with the Ciey Council. He stated they did not want to come into this town to do business on a daily battleground. They will be more than happy to provide what Fridley wants. It is just an element of cost. Ae stated he cannot imagine Storer, or any cable company, resisting the city's request that it have public access channels. That is what cable is for. Fridley just has to tell Northern what it wants and they will figure it out. 1�. Hedin stated the Mayor and Councilman Schneider believe the access channels should be received by everyone. There are only four years left on the franchise. The city does not have an effective access ordinance. Cnother thing is putting the 5% fee on pay cable receipts. 47hat the Coa�ission is going to be suggesting in the months to come are amendments to the ordinance and trying to get Northern's response. Mr. Erickson stated if the city wants 10 access channels Northern can provide them. Mr. Hedin staten regarding cable territories, �ahen we were wrifing tkie rules 2nd regulaticn.s six and onehalf yez.rs ago, one of the reasons was to try to make it attractive to cable operators. Mr. Kas�szak asked if there were any other cou�ents or questions. Mr. Donaldson stated the Cable Board is pleased to see this happen. They feel there wil.l be great nublic benefit. They will be trying Yo do the beat ±hey can. 3•ir. �Yickson stated he appreciated the Co�issfon wanting their views. They w+ant to work with the Commission on these ordinance chattges. Iie ses the issues as being the 5% revenues and the public access channels. Pfr. Hedin stated the next step �s a laundry list with the Council of all our changes. We should also keep Northern informed. Some o£ our changes will be acceptabl.e to them — such as a 5 year renewal period and other t:iings. He stated we should invite the Council to the next Co�ission meeting. Ae stated we aeeded to adapt some operating rules for the Commission. Mr. Weaver suggested we have our meeting with ttie City Council. Mr. Cheva2ier suggested meeting every two weeks. Mr. Weaver stated the next meeting will be November 15, 1978. . Mr. ?foravetz asked Mr. Donaldson regarding the ordinance, Section 108, under the minimum requirements in t::e state franchise rules which refer to public access. They are not different from what has been suggested by the Commission. What would tkie state's Page 8 CATV COMMISSION MEETING November 2, 1978 � poaition would,be on these minimum requirementa for acceas if the Supreme Court rules against the FCC. • Mr, Donaldson statad the Supreme Court would not make a decision until next .7une. The issue is whether the FCC has jurisdiction. He stated he believes the Minnesota Cable Board would not make any changes at all in its minimum regulations or criteria. Mr. Kaspszak asked for any other co�ents or questions. MOTION by Mr. Chevalier, seconded by Mr. Weaver, to adjourn the meeting. Upon a voice vote, all voting aye, the Motion carried unanimously. The meetir.g adjourned at 9:15 P.M. Respectfully submitted, �� k�� Gayl� Goben Recording Secretary z 0 �� . . .Z„ .. ... . . . . . . . ,.,..... . . . . . .. ►� � ACCW ANO USE OF FIRE DEPARTMEN� VIDEO E.1'►IPMEN7 __�,lr� 1r�„. Sob Aldrich and the Fire Department were receptive to lettin9 "knowledgeable persons use their video equipment. ' ' Bob meant: Someone who had previous „ e ui ment. �� I� using the viord "knowledgeable", experience and/or education in the use of. similar video 4 p using �ommunications 4�orkshop �� gob has no objections to the Anoka County roductions. Hawever, all the video equ�Pment for Fridley related video p use viould have to be borne by the Anoka County dama9es incurred durin9 the equipment. 7o ensure Cortu�unications Workshop or the person using ment, Bob s�99ested that Clyde proper use and supervision of this equip rDVe of,the person ar or myself either be present during its use or app persons using the equipment. reement - At this p articular time, Bob did not see a need 3� Maintenance Ag ment. However> if there for a maintenance a9reement on the video equiQ is a large demand for the equipment, and if this demand causes h�9fiQr maintenance costs, then an agreement would be formulated �rith those groups or persons to offset the increased costs. . Bob also stated that the Fire Department does n0 ep ral ma ntenancecgs �� insurance policY on the equipment. Therefore, 9 covered by the Fire Department. Also, and more importantly, this 's insurance policy which covers equipment is covered under the City that is, {ire and thefit losses. However� �t d nt m�suse>eor otherndamages caused it does nat cover dropP��9 of equipme , v the user. � / � ,/ a � Cu�'lf' �� i�'r6=�'fi��...�`t y � '8431 UNIYENSITY AVENUE N.E•� FRIDLEY, ld�NNESOTA 56472 TELEPHONE (612)571•�450 Mr. Edward Kaspszak, Chairperson Fridley Cable Television Cor,�m9ssion 1317 Nillcrest Drive P7.�. Eridley, Minnesota. 55432 Dear Ptr. Kaspszak- Due to a prior !� of your meeting• �dministration � -rt is �Y �' �. in disa ro+ ✓ �� October 30, 1918 e �r�itment, I wackeieo Umaterialnthat,�asms�PP?7edhbynthe viewed tha p our consideration: ;e to make a few comments for y �1 installers should be b�ndea• I rreasonsthat this the Cable opinion, but here are my � City being involved in any dispute with a � hle cor�PanY+ hovf2ver, �•+�tn the bonding� a time col�ecting ��ihen cable is.instaliec. � bonded. I see no reason that a CA7V erent. of granting a franchise is, in my opinion at �ed to provide some ninimum level ef protection `' bad installe�h�oc�tAZen'has�noechoice regardin9 , o{ �pTV, arants a � since the iranchise essentially �ny, In any other situan�his hom° �tThus who wi11 be �aorkin9 +are is appropriate- �st of this type of liability �flnd�n9> ao�ng business for the cable compa�y. on Lo a conscosts�a seParate iten '�e bonding pass along goverrMent man' �rocess. In GTV s proposed /proposed 405.222(5)+��h°-rein ead, "•••9overnmentally imposed �� i ��rould �s in equal amounts••• ' rivate that we do not allow p ,rte he�rin9. � / • , � Mr. Edrrard Kaspsaak -2_ October 30� 1g78 � � C. In regard ta the franchise transfer, I would like to use this opportunity tp either amend the franchise, or at a minimum, extract certain reasonable • commitments from the nevr operator, specif9cally I am concerned with the foilo�ring: l. FCC and court rules notorithstanding, I sti7i feel that any cabie tompany "oares" the citizens of Fridley some minimum access and local origination in trade for the right to use the public utility easements. I think the Commission should push for a corrmiitment in . both of these areas. 2. Likevrise, I am sti11 of the opinion that all subscribers should be able to receive the lccal access �hannels regardless of vrhether they are pay only or full cable. A move in this direction should be _ pursued. Again, I find little to justify the granting of the franchise _ if.the public does not benefit from the CATV operation. 3. Y agree with the P4ayor's previous positinn that vre not inciude in our franchise any of the specific FCC access language. It seems that this would only narrow our options. It is quite evident that the courts are not certain ofH;homhas �rhat authority. I vrould rattier be on;he side of having an ordinance wnich requires more from the cempany than we can legally hold them to, since the alternative could lock us into an ordinance i�rhich is more restrict�ive than FCC or the court reqeire- ments. A perfect examp7e of �his is the situa±ion on Svhat the 5;: fee aAplies to. Py incorporating FCC 3arguage�af some years ago {yr:y;ch has now changed}, «e find ourselves with tt`�e franchise that is more t�estrictive than it need be. b. The suggesti�n that �-;e define reti•enue requiring the 5w fiee as broadly as possible aad then a17o�a a method to r�t collect the full fez depending on the company's financial condition, seems to make a iot ofi sense to me. I certainly �5�ou7d suppport it. Again I apolo9ize for not being able to att:end the meeting personally. I believe that this is a crucia7 time for CAN in Fridley. I am very pleased that we are tortunate enough to have an interested, active CATV Comm�ssion. I hope tnat tFese comments are of some use to us. Hoi•rever, I re�ognize that I do not have the exper- tise that many of you have, so p]ease rE9ard this letter simp;y as ry thaughts at this point in time. Sincerely, /�.�-�uu� �'�L��Le-� Dennis 5chneider ""'' Courscilman, Ward II � DS%ms CC: Cable Television Commission Members �.�'-� f c '�',.�...�. r... ..�, i� 5 CITY OF FRIOLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CI7Y MGR./FIN. DIR. SUBJECT: SETTING SALARIES FOR ELECTION JUD6ES FOR THE VEAR i979 DATE: NOVEMBER 16, 1978 While the election is sti71 fresh in everyone's mind, it might be a good time to set the eiection judges'salaries for the year 1979. We did have an extremely hard time finding enough people to serve as election judges for° the �ear 1978. The poiitical parties ±urned in lists that would normaily be adequate. However, there were so many cancel7ations, and so mar�y psople were no± a�ai�ab;e, that �t was extremely difficult to get enough people to serve. There have been complaints as to the salary. With the present salaries of $2.50 and $3.00 per hour, we are paying less than the Federal minimum wage. I suggest we raise the election judges' salaries fcr i979 to 52.85 and $3.5b per hour. MCB:sh L RESOLUTION N0. 1978 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND (C.E.T.A. AND OTHER) WHEREAS, The City of Fridley has expended, and received certain funds for C.E.T.A. during the first nine months of 1978, and WHEREAS, These C.E.T.l.. funds were not budgeted on the revenue or the expense side of the 1978 Budget, NOW, THEREFORE, BE IT RESOLVED, That the General Fund Budget shall be increased as follows: REVENUE C.E.T.A. APPROPRIATIONS Planning Commission Other Commissions City Manager Personnel Finance Assessing Police Fire Code Enforcement Planning Civic Center Engineering Public Works Maintenance Naturalist Parks Recreation $194,295 $ 7 37 131 23,107 1,682 3,$09 8,606 39,236 5>17� 6,758 13,777 1,221 1,201 8,510 33,79fi 13,880 33,931 $194,295 BE IT FURTHER RESOLVED, That the budget for the General Fund shall be further amended for October, November and December, 1978 by the amount of C.E.T.A, funds received for the period, so long as appropriations do not increase more than the additional revenue received from C.E.T.A. for the period. BE IT FURTHER RESOLVED, That the budgets of various divisions shall be amended as follows: 6A Resolution No. 7978 Page 2 Legal Reserve for Contingency Assessor Accounting Elections Police Revenue Reserve for Contingency Fire Revenue Reserve for Contingency Code Enforcement Reserve for Contingency Planning Engineering Naturalist Recreation TOTAL ESTIMATED REVENUE APPROPRIATION $35,442 5,225 $4�,667 $ 3,000 (3,000) 3,200 (2,800) { 400) 50,000 (74,558) 31,180 (25,955) 6,328 (6,328) 3,000 (3,000) 4,000 (4,000) $ 40,667 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARUIN C. BRUNSELL � � CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANA6ER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: BUDGET CHANGES FOR THE FIRST NINE MONTHS OF THE YEAR DATE: NOVEMBER 1, 1978 The attached resolution would do two things. It would amend the budget to reflect the C.E.T.A. money already received and to be received by the City. If the budget appropriated amount were kept current with respect to C.E.T.A. funds, we could put out a more meaningful operating statement. The resolution also authorizes certain other budget changes. A brief outline of the other changes follows: LEGAL Current projections indicate that we need approximately $3,000 more in the Legal Division. A bill of $4,250 was incurred for the City Attorney for the Zimmerman trial. These funds should be coming back from the insurance company, however, we have not received them as yet. The reason this budget is overdrawn is because of the extra expense for this unexpected trial. ASSES50R The Assessor is short approximately $3,000 in the personnel section of their budget. This is due to the Assessor charging less time to special assessmerit projects than was estimated when the budget was made up. We will be able to make this up, I believe, from the Accounting Division. Some funds will probab7y be available from the Accounting Division primarily because of the fact that we were without a person in the office for a period of time. POLICE The budget for the Police Department is being amended principally because of personnel costs associated with the STEP Program, personnel costs associated with the union award, and to give the department credit for money received from insurance 6C NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL BUDGET CHkNGES FOR THE FIRST NINE MONTHS OF THE YEAR NOVEMBER 1, 1978 PAGE 2 on a police car which was destroyed by fire. The department had to purchase an additional police car. The detail of the budget request and the reasons, as near as we can determine, are as follows: Received from the State of Minnesota for STEP Program. Additional City cost associated with the STEP Program. (This assumes that two officers will spend full time on the program with the average cost per officer of $24,042 per year, including salary, pensions, insurance, uniforms, etc. making the grand total for the two police officers $48,104.) (Not being reimbursed,) Additional costs associated with the union award over and above the amount budgeted, not including additional fringe benefit costs. Cost of police car that burned. GRAND TOTAL OF THE ABOVE $30,742 17,362 8,700 5,450 $62,254 It appears the Police Department will need approximately $5�,000. FIRE The Fire Department will need additional funds in the personal services area, for repair of equipment, and for capital outlay. The extra personal services costs relate primarily to the charge of $1,080 against the department by the Management Analyst that was not budgeted, and underbudgeting of the temporary employee account by $12,000. This is the account fire volunteer firemen charge iheir time to. Approximately $13,000 additional will be needed in Account 4371, Maintenance and Repair of Equipment. An engine went out on one of the large fire trucks. This replacement engine was not budgeted. The total cost associated with this was approximately $13,000. Also, the Fire Department sold an old fire engine for $5,225 with the understanding that they could purchase a pickup truck which cost $5,100. This $5,225 does show up as extra i°evenue in the 1978 budget, therefore, the estimated 1978 revenue is being increased by this amount. 6� NASIM M. QURESHI, CITY BUDGET CHANGES FOR THE NOVEMBER 1, 1978 PAGE 3 CODE ENFORCEMENT MANAGER, AND CiTY COUNCIL, FIRST NINE MONiHS OF THE YEAR The Code Enforcement Division budget is being increased by the amount of expenses for the removal of debris from the Hayes property. This expense was not budgeted. The revenue will be coming back into the General Fund during the year 197g, PLANNING DIVISION It appears the Planning Divi�ion will need approximately $3,000 more to tide them over until the end of `;= year. It is expected that they will receive approximately $4,712 from -' ,tate of Minnesota under Program 138 sometime during the later parter of ' or early 197g, There was no budget set up for the Mandatory Planning c:;��°ation for either revenue or expense. NATURALIST DIVISION More personal services are being consumed in the Naturalist Division than was budgeted. The Naturalist, Park and Recreation people are spending more time in the Naturalist area and less in the Recreation/Park area. The resolution would increase the Naturalist budget by j4,000 and decrease the Recreation personal services by �4,000. If the City Counci7 wishes additional information concerning the need for these budget transfers, we will be glad to provide this additional information. ANTI-RECESSION FUNDS Because the unem�loyment rate in Anoka is conciderably lower in 1978 than it was in 1977, the City has not received the amcunt of Anti-Recession Funds budgeted. Two employees,Ricky $erquist, Recreation Program Specialist, and Phyllis Betterman, Clerk Typist in the Police Departmert, v�ere budgeted as Anti-Recession �und employees. The budget provided for these employees in both the expense side and the revenue side of the budget for the year 1978. We will not receive all of the revenue budgeted for Anti-Recession Funds, however, we should be able to carry the two employees until December 31, 1978. MCB:sh W n Ol .--� S H Z C i rn F- � � 11. C G 4 W �--I 1n W `--� � 0 d' C� N O H W H Z tn W W � O O G � z d' �] W d. � Q � N b n Ol � � t0 l[7 01 I� N t0 Ol M� tD ct Ln O l0 t� Ql O t0 tD t0 Ol t0 N l0 O h. ln tA O� N cD N N�--� ti"J Cl N L!1 r-� Q1 W O tA N �Vctn,--i 00 inV �-rC OtUO� V W rntT.-�7� �p MtONN�MI� 00�f+')tn�tnl� .-r�-rOJOJ.r l00 I� I�N�-iLnN �^� MON ti �--�CVCO.-iO�OIIOOCttn Ol ♦-1 .-1 e-� r-1 M r-1 N l0 �-I V' (+1 �--1 � � � � � � � � O C O O O O I W p � O 1 O � C r- n � 00000 �� O GO CO ON OOOC OOOc} � � � � � i O V W N O.� 1 M O 1 O I O I C DJ � p � . . � � M � M l.L) M � M � ct � Ot �-' �Y' V Vi v � v, F- O �n W p Ol N U � a� F-- � N e-i .� � 0 w o� w a � � � e-A � ¢ m N ¢ ah � � N � � M v3 w � z w � W � G W F-- Q H � N W N Z C �--- Q K 0_ O � C d Q 1�-i �-1 f� N 1 I 01 l0 l0 01 1 C1D 1� e--I �--I O lC O�-1 1 OMM O WCO OOMt� OLn�-rN O'--IrnoJMO I.--i .-I �--1 l0 1 1� l0 N ti 1 I� 1� N N tf� � Q� Ql 1 M�--1 M W M LA tD ��-1 .-a W M M M N M .--I M �ovwoo�avo,ou��nvrn��oo��no N M I� 1� I� tA Ol .-� L(J Ol t0 ti l� l� C 11) 0 0 0 1� 0 OIMN t0 ctOci' LnIG W lD Otf)NNtOCtNMCO MION OtNCI� p1nM pJ I�N.-�O MO�--ii� Cp O I� N�--1 N N tn .--� N Ol M I� .-, 1� I� .-� Ol 01 M W ti�j �--I •--� O N .-a .--i t0 .--i M M .--i .--� v U C rt5 c = o v � N +� 'N � � � �n o c �m E N � � g 'O ^ •E v1 i � C O •� QJ � i' VI � C U (� � � Y � U E�a '-- y� N L �-+ C i Y � 4 � O� O C N C i � O =• D Vf O> O C U t0 C O U) O Ol 4- tT Q/ i ��.- • (j V"- i C • V N � C� U N �- +� C C i O r- Y C V1 U W� Q) U N 16 41 ? C v> N�0 U t6 N•.- N � Ql C � ��- L In N m +� �6 L +� i �1 N ^ (n r- � ^ � ^ ^ � Y i i +� •r- N N �• N m-O N i V N U d O CJ C J w L� O• • p • C 7 m r0 UJ E Q a. It U U a. U W d Z a. Q^ W I � Ot N <t Ol � d' � � N � rn M w► J� F- F�- E RE��tvrrou No A RESOLUTION ORDERING PRGLIAIINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF TfIE COSTS 7'liL•RLOF: SEWER AND WATER IMPROVEMENT PROJECT 1/126 BE IT RESOLVED, by the City Council of tlie City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements, to-wit: Watermains, sanitary sewer laterals with service connections and appurtenances located as foliows: 61st Way East River Road to Ashton Avenue Z. That the Fublic Works Director, Richard Sobiech, City Hall, Fridley, t��, is hereby authorized and directed to draw the preliminary plans and specifi- cations and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to cr, ,;etion and all iees and expenses incurred (or to be incurred) in connection ,here- with, or the financing thereof, and to make a preliminary report o£ his findings, stating therein whether said imorovements are feasible and whether they can best be made as proposed, or in connection witii some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits there£rom and as may be proposed to be assessed. ' 3. That said preliminary report of the Engineer shall be furnished to Lhe City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. MAYOR - WILLIAM J. NEE ATTEST: CITY CLLRti - �1ARVP1 C. BRUNSGLL 7 : RESOLUTION N0. A RESOLUTION RECEIVING TffE PRELIpfINARY REFORT AIQD CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN Ih1PROVEyENTS: SEWER AND WATER IMPROVEMENT PROJECT /�126 the intere��ofhthe�Cityuof1Fridleyeand the propertytownerseaffectedbthereby. BE IT RESOLVED, by the City Council of the City of Fridley, as follows: 1• That the preliminary r.eport submitted by the City Engineer and the Consulting Engineers is hereby received and accepted. 2• That the City Clerk shall act to ascertain the name and address o£ the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculaie estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according� to the benefits received. 4• That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may Ue affected thereby at any public hearing held relative thereto, as iaell as at any prior time reasonable and convenient. 5• That the City Clerk is authorized and directed to give notice of such public hearing by publishing a notice thereof in the official news- paper of the City -of Fridley and by mailed notices to all the property owners whose property is liable to be assessed iaith the making of these improvenents according to law, such notice to be substantial�y in form and substance of the notice attached_hereto as Exhibit "q", ' 6• That this Council will meet on the 11th day of December lg�g at 7:30 o'clock.P.hf. at the City Hall in the City of Fridley for�the purpose of holding a public hearing on the improvement noted in the notice aLtached hereto and made a part thereof by reference, E�ibit nAn ADOPTED BY TtIE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. ATTEST: �Y�R - WILLIAM J. NEE CITY CLERK - A4IRVIN C. BRUNSELL t OFFICIAL PUBLICATION CITY OF FRIDLEY (EXHIBIT A) NOTICE OF HEARING ON IhiPP.OVEMENTS SEWER AND WATER IMPROVEMENT PROJECT #126 WHEREAS, the City Council of the City of Fridley, Anoka County, F!innesota, has deemed it expedient to receive evidence pertai.ning to the im.prove�ents hereinafter described. NO{Y, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 11th day of December , 197g at 7:30 o'clock P.hf. the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the consiruction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Watermains, sanitary sewer laterals with service connections and appurtenances located as follows: 61st Way East River Road to Ashton Avenue ESTIMATED WST . . . . . . . . . . . . . . . . . . . . . . . . $ 17,285 THAT T}� AREA PROPOSED TO BE ASSESSED FOR SAID IhiPROVEtifENTS IS AS FOLL(?iVS: For Construction Item above ----------------------------------------- All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement, That should the Council proceed with said improvements they �vill consider each separate improvements, except as hereafter othenvise provided by the Council all under the following authority, to-wit: Minnesota Statutes 1961, Chapter 429 and laws amendatory thereof, and in conformity with the City Char'.er. DATED THIS DAY OF Publish: November 29, 1978 Decem6er 6, 1978 197$ , BY ORDER OF THE CITY COUA'CIL. Dt4Y0R - WILLIAM J. NEE 8 r, RESOI.UTION N0. A RESOLUTION ORD�RING PRELIMINARY PLANS, SPECITICATIONS, AND ESTIAL;TES OP T}IE COSTS TNGI2GOF: STREET IMPROUEMENT PROJECT ST. 1979-4, tiDUENDUM #1 (CSAH) BE IT RESOLVED, by the City Council of ihe City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners a£fected that there be constructed certain improvements, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: East River Road: Charles Street to 64th Way 2. That the Public 1Porks Director, Richard Sobiech, City Hall, Fridle;-, DS�, is hereby autharized and directed to draw the prelir:inary pl.ans and specifi- cations and to tabulate the results of his �stir.ates of the costs ef said improvements, including every item of cost from incention to cor�ple*__or. 2nd all fees and ea�penses incurred (or :o be izicurrec) in connection ther�- with, or the financing thereof, and to :nake a prelimiaary renort oi his £indings, stating therein i�rhether said i;rmrovements are feasiSle and whether they can hest be made as proposed, or in connecticn ti-ith s�me other improvements (and the estimated cost as recomnended), includ�ag also a description o£ the lands or area as r�ay receive benefirs ther�fro� and as may be proposed to be assessed. 3. That said preliminary report of Yhe Engineer sha11 be furnished to i}z� City Council. ADOPTED BY Ti� CITY COUNCIL OF THE CITY QF FRIDLEY TH:S DAY OF _ , 1978. ATTEST; A'1AYOR - WILLIAM J. NEE CITY CLERK - A1t1RVIN C. 13RUIJSLLL E 1Q RHSOLUTION N0. A RESOLUTION RECEIVING TFiE PRELI6tINARY REPORT AND CALLING A PUBLIC HEARING ON THE hi1TTER OF THE CONSTRUCTION OF CERTAIN IDfPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1979-i, ST. 1979-2(MSAS�, AND ST. 1979-4 (CSaH) WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of FriZley and tfte property owners affected thereby. BE IT RESOLVED, hy the City Council of the City of Fridley, as follows: 1• That the preliminary report submitted by the City Engineer and the Consulting Engineers is hereby received and accepted. Z- That the City Clerk shall act to ascertain the name and a3dress of the owner of each parcel of land directly affected or wzthin the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3• That the area proposed to be assessed for said improvements and each of them as noted in said notice are al] the lands and areas as noted in . said notice: `-All of the same to be assessed proportionately according to the benefits received. 4. That the estima.tes of assessments of the Clerk shall be available £or inspection to the ewner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. �- That the City Clerk is authoxized and directed to give notice of such public hearing by publishing a notice thereof in the official news- paper of the City of Fridley and by mailed notices to all tlze propert}• owners whose property is liable to be assessed with the making of these improvements according to law, such notice to be subsLantially in form and substance of the notice attached hereto as Exhibit "p��, ' 6• That this Council wili meet on the at 7:30 o'clock.P.A1, at the City Hall�in thedCityfof Frid� r��e�$ purpose of holding a public hearing on the improvement noted in the notice attached hereto and r�ade a part thereof by re£erence, Exhibit nAn_ ADOPTED BY THE CITY COU\CIL OF THF. CITY OF FFIDLEY THIS DAY OF , 1978. A7"fEST: �Y�-LIAM J. NEE CI7'y CLERK - hL4RVIN C. l3PUVSELL 10 A OFFJCIAL PUBLICATION CITY OF FRIDLEY (EXl-IIBIT A) NOTICE OF HEARING ON Ih1PROVEh1ENTS STREET IMPROVEMENT PROJECT. ST. 1979-1, 2� 4 NIHEREAS, the City Council of the City of Fridley, Anoka County, 6finnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. N014, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 71th day o£ December , 197g at 7:3Q o'clock P.M. the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvemenLS in whole or in part. " The general nature of the improvements is the consiruction {in the Iands and streets noted below) of the £ollowing improvements, to-wit: CONSTRUCTION ITEM Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other faciliiies located as follows: ST. 7979-1 70th Way East itiver Road tc Hickory Drive Locke Lake Road East River Road to Hickory Street Hickory Street Locke Lake Road to 69th Way 63� WaY �ast River Road East to Ashton Avenue 63rd Way East River Road East to Ashton Avenue 61� Way East River Road East to Ashton Avenue Ashton Avenue 64th Way to 67st Way Channel Road 58th Avenue io 360' North Capitol Street Main Street to Hughes Avenue 66th Avenue Gentral Avenue to Rice Creek School ST. 1979-2 (MSAS) 61st Way East River Road East to Ashton Avenue 61st Avenue 4th Street Yo 7th Street Main Street Osborne Road to 77th Avenue Arthur Street Mississippi Street South to End ST. 1979-4 (CSAH) Osborne Road Central Avenue to Stinson Boulevard East River Road Charles Street to 64th Way Notice of Hearing st. 1979-1, 2 E 4 ESTIMATGD COST . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 , 318, 228: 00 THAT THE AREA PROPOSED TO BE ASSFSSED FOR SAID IAfPROVEMENTS IS AS FOLIAIYS: For Construction Item above ••-------_____ ---------------------------- All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvenent. That should the Council proceed taith said improvements they will consider each separate improvements, except as hereafter. othenaise provided by the Council all under the fol.lowing authority, to-tait: bfinnesota Statutes 19b1, Chapter 429 and laws amendatory thereof, and in conformity with the City Charter. DATED THIS DAi OF Publish: November 29, 797$ December 6, ig78 1978 , BY ORDEP. OF THE CITY COIP,JCIL. htA�'OR - W�LLIAM J. NEE 10 � &ESOLUTION N0. A RESQLUTION TO ADVEP,TISE FOR BIDS FOUR WHEEL DRIVE TRACTOR LOADER BE IT RESOLVED by the Council of the City of Fridley as follows: 1. That it is in the interest of the City to award bid contract for the following items or materials: FOUR WHEEL DRIVE ARTICULATED RUBBER-TIRED TRACTOR LOADER 2. A copy of the specifications for tFie above described items and materials, together with a proposal for the method of purchase and the payment thereof have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the acquisition of said items and materials. 3. The purchase of said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Fridley on the 14th day of December, 1978. The City P•1anager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as prov�ded by law and the Charier of the City of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made , a part of by reference. Said notice shall be published at least twice in the official newspaper of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: MARUIN C. BRUNSELL - CITY CLERK 1978. WILLIAM J. NEE - MAYOR �� CITY OF FRIDLEY BID NOTICE for ONE (1) FOUR WHEEL DRIVE ARTICULATED RUBEER TIRED TRACTOR LOADER MIyIhtUP� 1-3/4 S.A.E. CU. YARD SIZE�— EXHIBIT "A" The City Council of the City of Fridley, Minnesota will accept sealed bids on One (1) Four Wheel Drive Articulated Rubber Tired Tractor Loader on the 14th day of Decem6er 1978, until 11:Q0 o'clock a.m. on said date at the Fridley Civic Center, 6431 University Avenue Northeast, Fridley, ��linnesota 55432 (Tel: 571-3450). All bids must meet the minimum requirements of the specifications. Failure to comply with this secti�n can result in disquali- fication of the bid. Each bid shall be accompanied by a Certified Check, Cashier's Check, Cash or Bid Bond (and made payab7e without conditions to the City of Fridley, Minnesota) in an amount of not less than five percent (5�) of the bid, which check, cash or bond shall be forfeited if bidder neglects or refuses ta enter into contract, after his bid has been accepted. The City reserves the right to accept the bid which is determined to be in the best interests or the City. The City reserves the right to reject any and all bids and waive any informalities of technicalities in any bid re- ceived without expla.nation. The City Council also reserves ihe right to consider such factors as time of delivery or performance, experie�ce, responsibility of the bidder, past performance of similar types of items or materials, availability of products and other similar factors that it may determine to be in the best irterest of the City. Copies of the specifications and general conditions may be examined in the office of the Purchasing Agent, or copies may be obtained from ihis office. All bids must be submitted in sealed envelopes and plainl_y marked on the outside with "BID FOR fOUR WHEEL DRIVE ARTICULATED RUBBER TIRED TRACTOR LOADER". � NASIPI QURESHI City Manager PUBLISH: 11 A a 0 ��i�Y �9 L"'C"��"y .t,nL� A1 THt TOP O� TMC iF'IMO COU4UNITY D!Y7�C.'M[MT WV. ipOTpCTIVS I:::�:CTION C7TT. Citt Nnl� p:ar ir LSc:= C13'l'00•3a)O � HOUS� TRAILER APPLICATION f•�� ti A. t:ame of Appiicant: TARGET STQRES � Addreco; 777 Nicollet Mall �' . B. Canersl�ip of Trailcr.: Design Space International � C. INacription of Trailer (t;ake und Size); 36 x 60 Souix Falis Constructor ` D. t;a::e of C-aner of Lend: DAYTON HUDSON CORPORATION � Addzcs�: 777 Nirnllat Mall D. Period o£ Ti41e Trailer i� to be Stor�d or Occupied: 2 Years F'. Use of Trr,ile�: Office Expansion • ' • •.'. ' G. Signatu*e� of Adjoinin;; Property Qsmere Grantin� Approval: H.• Location of T:�iler on °roposed Property (Attnch Plot Plan of Prope:ty): __/_f�C�.r - �%.�'�'� �.LS� .�a c � � llz � � � f ��i n �n� c a I: ty'her� ?'rail4r ie to be Occ��pi.cu, Tinat ie: 1: ReYatiaRahip bct*.�een Tr�iler C>aae: snd Land O:aner: 2. Twrac� fl7[I i1.ECL of e]ll Occup4:nte: 3. Facilities For Sae�aga picposal, idatcr and ^clecericity; The nppllc;,L'ion, when precented to the City Council shull ehow tho recom.nendation of ti�e Zoning A�ninisCrutor und/o: Auilding Inapector, Plenoe find t.tt�lchcd check in tha amount o£ $7.50 for parki�g, $25.00 for occupying a t�ousa trnilcr. , � . �!i �fr�i�!l l'� �• 11/9/78 Applicant �?�o- loe'X�' Duta 4iy�' . AppXUVCd liyt , . �Recoxpt No. 0 0 Llcenea No. _'Y� �i I 4 MinMfota Sto4 Xwy. � a�wa cwnrr Hwr. � Mws� NumE�rinp 'r ChurM � Mnci�al 9 ainic. i Munieipal Building� •�GD Par�. � Po Po�1'Olfic� t � SCheo1 i�ri-� Wtli: ;:�FOeI �ro0erfy ��'�'i;� ��as SeMtl Niqlt � . i Y : . � . a • I� : p ' ""..Y_�I ..-.-.-._'__' VILLAGE ±�uLI L�L�J LIL�I �� i �� J.... - ... UMITY MOSP. ` �� :I . a.. ...e � „ n �Qe } �� •�OSEM �i ryp� �•4� Y COL NTS. 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[L�_L� J�: � a l7 !i :::A�., �'` ' � c uQuy '`: �� e.,.� � . a.,ew. FC_tt �ve�C4WPLl�I __- � IR � i.:��.. il y �ur�_Wta�s�cl� �� RC� -__.�i �`w ____'_ yp �_ wmr — z�— n—�t�.. <. i : i� �� w �e `i +,a I� v��w � T ..� r �� ^� � I � D.Y. OM6y LOYppMY � "� RK[ ry� wc� �4� � �� `' �•, i � LJLJ ULJ ;ii i �: i ri i : �..JLJ �l.J � G'� ') F.OR CONCURRENCE �3Y 7HE CITY COUNCIL- LicsrrsEs NOVEt�IDER 20, 1978 . EXCAVATION APPROVED BY .Walhunt Construction Znc. � . - 17545 - 6th Street N.E. ' �g�,��y� Cedar, Mt3 55011 By: Michael Walker Cam. Dev, Adm. . .GENERAL �NSTROGTION � Itobert Bruce Constructio� � 11209 Oregon Avenue North � DARREL CLARR Champlin, MN 55316 By: I3�bert Bruce C�. Dev. Adm. Walt Harrier �onstruction Inc. 6490 Riverview Terrace N.E. - � ' Fridley, MN 55432 By: Walt Harrier Jim Sackrison Construction 845 West SOth Street Bloomington, MN 55420 By: James L. Sackrison Skyview Design 15340 Skyview Circle Minnetonka, *�I 55343 �� Byc David Brim s Walter Wittman Construction Inc. 4401 West 50tiz Street Edina, MN 55424 By: Walter E. Wit'.�nann c u DAP.REL CLARK Com. Dev. Adm. DARREL Q,ARK Com, Dev. Acm. DARF2EL CLARIC Com. Dev. Ac'�. B&RREL CLAFK C1om. Dev. Achn. 6 13 A c STATEMENT SMITH, JUSTER, fEIKEMA, MALMON & HqSKVITZ ATTORNEVS qT LAW 3250 BUILDERS EXCHqhGE BLOG. MINNEAPOLIS, fJ�NNESOTA 55402 33¢3481 rCity �f Fridley 6431 University Avenue N. E. �ridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, L City Manager CJN.�E.,e wE,�a.. ,„„ .oa.,o.. .,r„ .o�w .,�..E„. DATE � e � SUBVRBAN OFFICE FRIDLEY � J • gALANCE 11'15-78 For legal servi ces�rendered as Prosecutor for the City of Fridley during Novem6er, )978, Representation of City of Fridley in 13 contested jury cases, 25 contested court cases and 159 criminal arraignments. {4� hours), Process and investigation of complaints including citizen inquiries and preparation of 57 formal criminal complainis (12 hours), Total Time - (53 hours), November, 197g R�tairrer - T9me i�_.nu,,:.uw.� <r ..,��"300.00 �� deciafe u„�.-., , ,Y�w,t.>�,_ ," } _�r(lI1R ai'i C�i i� rect ,:> '----92-�• �� RIP�� . FEIKEMA, MqLMON & HASKVITZ w�rerzners wr �ww ,300.00 $2,220.00 —J 15 A ; �ui('l( �1F �6= 6��`t '0431 UNIYERSITY AVEt1UE N.E., FAIDLEY, FA�NtdESOTA 56412 TELEPHONE (6S3)5Tt-"50 a Mr. Edward Kaspszak, Chairperson Fridiey Cable Television Corunission 1317 Hiilcrest Drive N.c. Frid7ey, hiinnesota. 55432 October 30, 1978 • e Dear Pir. Kaspszak: . Due to a.prior business comr,iitment, I will be out of town on Plovember 2, the ni9ht of your meeting. I have reviewed the packet of mater`ial that vias supplied by the administration and would like to make a few comments for your consideration: p, It is my opinion that all installers should be bonded. I realize that this �is in disagreement Vfith the Cable opinion, but iiere are my reasons: 1.' I vtould not foresee the City being involved in any dispute with a CATV customer and the cable cor�Pany, ho�rever, tivith the bonding, a citizen may have an easier time collecting �•�hen cable is.installec. � installer�shouldrbe anyndifferent d. I see no reason that a CATV 2� The City, by ihe action of granting a Pranchise is, in my opinion at least, morally obiigated to provide some ninimum level ef prctection for its citizens. A bad installer for CAT.V is different �han a�ad carpenter. In the case of CAN> the cit'izen has no choiceQ�antsdan9 who does the installation since the franchise essentially monopo7y to the cab2e Lonpany. In any ottier situation, the citizen choses tfie person or company who will he ��orking in his hom�. Tnus . �he adage of "let the buyer beware" is appropriate. I don't have a gnod fee7 for the cost of this type of tiability bnnding, but it shouid be a standard cost of doing business for the cab7e company. Certainly it vrill ultimately be passed on to a consumer in the rat2 structure, but I see no reason to make the bonding cests a separat� item on a subscriiber's bill. B, 3 see no problem with allowing the cable company' to pass along goverrment man- dated fees taithout going through the rate hearing process. In GTV's proposed amendment to Section 405.22, I am concerned ti•�ith proposed 405.222(5), �aherein Toyalty fees are included. If the statement read, °...governmentally imposed copyright fee or other g�vernment imposed fees in equal amounts...", F would feel a little more comfortable. My concern is that tiae do not allow private lroyalty fees'to be passed on without a rate hearing. 4l ;