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01/22/1979 - 00013929THE MINUTES OF THE REGULAR h�EETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 22, 1979 The Regular Meeting of the Fridley City Council was called to order at 7:46 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegtance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman F�tzpatrick, and Councilwoman Moses (oath of office taken at this meeting) MEMBERS ABSENT� None ROVAL OF MINUTES• REGULAR MEETING, DECEMBER 18, 1978: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. REGULAR MEETING, JANUARY 8, 1979 Page 3, lst line, correct the name from "Sheridan" to "Councilman Schneider" MOTION by Councilman Fitzpatrick to approve the minutes as corrected. Seconded by Counctlman Barnette. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING, JANUARY 15, 1979: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIAL: Mr. Herrick, City Attorney, stated the C�ty received this evening a �udgment, signed by �udge Robert Bakke of the Anoka D�strict Court, who was the presiding �udge that handled the election contest, to determ�ne the winner of the Council seat in the First Ward. He stated the �udgment is Judge 6akke's determination as to the recount proceedings, Mr. Herrick stated that Judge Bakke indtcates in the �udgment that Cheryi Moses received 1,713 votes and Ed Hamernik received 1,710 votes. Judge Bakke concludes that Cheryl Moses is declared the winner of th�s election and the City Clerk should issue her a certificate of electton. Mr. Herrick stated it is his opinion that the �udgment is in force and in effect at the time the �udge signed it this afternoon. He stated he believed the City Cierk should issue the certificate of eiectTOn to Cheryl Moses and she should be sworn �n as Council representative of Ward I. Mr. Brunsell, City Clerk, administered the oath of office to Cheryl Moses Ms Moses stated she was happy to be here and that �t was a long and ex- pensive two and a half months. She stated she was glad this part was over and hoped it was over for good. Ms. Moses thanked the people that helped her with her campaign and, most of ' 1 ' ' REGULAR MEETING OF JANUARY 22, 1979 PAGE 2 all, the citizens of Fridley. She stated she was anxious to serve and hoped that she would do the citizens well. ADOPTION OF AGENDA: Councilman Schneider requested that the Council appo�ntments to the various agencies be added under "Old Business" Councilman Fitzpatrick requested a resolution be added to urge the Governor to reappoint Marsha Bennett to the Metropolitan Council. MOTION by Councilman Schneider to adopt the agenda as amended. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. OLD BUSINESS: e 1 OF THE MOTION by Councilman Schneider to waive the second reading of this ordinance and adopt it on the second reading and publish. Seconded by Councilman Barnette. Ms. Schnabel, Chairman of the Appeals Commission, quest�oned some of the fees that are being proposed. She stated she was parttcularly �nterested in the variance fee, as well as some of the other fees. She questioned how the fees were determined. Mr. Brunsell, City Clerk, stated a survey or study was made taking into consideratton the time spent by the vartous departments that worked on a � particular license. He stated, in the case of the variance fee, tt is pri- marily the planning and engineering staff. He stated their hourly rate was taken and a factor for overhead was added. He stated the variance fee is probably one of the most difficult ones to strike an average because the amount of time does differ from one variance to another. � Ms. Schna6el felt the increase from $50 to $80 was too high, when a variance request is very minimal. She stated she fully understood the amount of paperwork involved, but felt, in some ways, these fees are being established to make up the salaries of the employees. She didn't feel a department of the City cjovernment should be expected to make up their wages in the fees charged by this particular department. Ms. Schnabel stated, increased from $30 to was too high. in the case of the lot split, where the fee would be $100, that perhaps the $30 was too low, but felt $100 Mr. Brunsell stated they did not attempt to make the department working on these particular requests to be self-supporting by the fees. Mr. Harris, Chairman of the Planning Corrmm ssion, questtoned how the City arrived at the variance fee schedule, and what the City is charging as an hourly rate. Mr. Harr�s stated he has difficulty w�th the amounts, since the lot split fee would be $IOD, and wondered if there was an overloading of overhead in this fee. Mr. Harris felt the increased fees for lot splits, vartances and vacations would probably start working a hardship on the residential applicants. Mr. Harris stated his point is that the City isn't supposed to be making money on the permits and fees. Mayor Nee stated if the City doesn't charge the true cost for these services, then the general taxpayer is subsidizing it. He stated it is not the intent ��� REGULAR MEETING OF JANUARY 22, 1979 to make enough money on the fees to subsidize something else. PAGE 3 Mr. Harris asked if he could see the documentation for these fees. Councilman Barnette stated if Ms. Schnabel and Mr. Harris felt uncomfortable with these fees, he suggested tabl�ng the item for two weeks to give them an opportunity to review the documentation for raising the fees. MOTION by Councilman Barnette to table thts item for two weeks. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO VARIOUS AGENCIES: MAYOR PRO TEM - 1979 REPRESENTATIVE: MOTION by Counc�lman Fitzpatrick to nominate Counc�lman Schneider for Mayor Pro Tem for 1979. Seconded 6y Councilman Schneider. There being no other nomtnations, the following action was taken: MOTION by Counc�lman Barnette to cast a white ballot for Councilman Schneider for Mayor Pro Tem for 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, a]1 voting aye, Mayor Nee declared the motion carried unanimously. ANOKA COUNTY LAW ENFORCEMENT COUNCIL (1 REPRESENTATIVE AND 1 ALTERNATE): MOTION by Councilman Barnette to nom9nate Councilman Schneider as Counc�l Representat�ve to the Anoka County Law Enforcement Council. Seconded by Councilman Fitzpatrick. There being no other nominations, the following action was taken: MOTION by Councilman Fitzpatr�ck to cast a white ballot for Counc�lman Schneider as Council Representative to the Anoka County Law Enforcement Council. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Idayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to nominate Councilwoman Moses as an Alternate to the Anoka County Law Enforcement Counc�l, Seconded by Councilman Schneider. Councilman Schne�der stated that Councilman Barnette has also indicated an interest to serve as an alternate to the Law Enforcement Council. Councilman Barnette stated he has some particular interests in this area since he is work�ng with students. 6ecause of Councilman Barnette's interest, Cheryl Moses decl�ned the nomination, MOTION by Councilman Schneider to nominate Councilman Barnette as an Alternate to the Anoka County Law Enforcement Council. Seconded by Councilman Fitzpatrick. MOTIDN by Councilman F�tzpatrick to cast a white ballot for Councilman Barnette as an Alternate to the Anoka County Law Enforcement Council. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SUBURBAN RATE AUTHORITY (1 �dEMBER AND 1 ALTERNATE): MOTION by Councilman Fitzpatrick to nom�nate Councilwoman Moses as a Mem6er of the Suburban Rate Authority. Seconded by Councilman Schneider. There being no other nominations, the following actTOn was taken: MOTION by Counc�lman Fitzpatrick to cast a wh�te ballot for Councilwoman , ' 1 REGULAR MEETING QF JANUARY 22, 1979 PAGE 4 Moses as a Member of the Su6urban Rate Authority. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to nominate Councilman Barnette to continue as an Alternate to the 5ubur6an Rate Authority. Seconded 6y Councilman Fitzpatrick. MOTION by Councilman Fitzpatrick to cast a white ballot for Councilman Barnette as an Alternate to the Su6urban Rate Authority. Seconded by ' Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. NORTH SUBURBAN SEWER SERVICE BOARD (1 REPRESENTATI�E AN� 1 ALTERNATE): � 1 Councilman Schneider stated this body hasn't met in over two years and stated he wasn't �nterested in continuing to serve. P4r. 5obiech, Public Works Director, stated this Board functions only if there are issues in certain service areas. MOTION by Councilman Fitzpatrick to nominate Counc�lman Barnette as Representat�ve to the North Suburhan Sewer Servtce Board. Seconded by Councilman Schneider. There being no other nominations, the following action was taken: MOTION by Councilman Schneider to cast a white ballot for Councilman Barnette as Representative to the North Suburban Sewer Service Board. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to nominate Counc�lman Schneider as an Alternate to the North Suburban Sewer Service Board. Seconded by Councilman Barnette. There being no other nominations, the following action was taken. MOTION by Councilman Fitzpatrick to cast a white ballot for Councilman Schneider as Alternate to the North Suburban Sewer Service Board. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ASSOCIATION OF METROPOLITAN MUNICIPALITIES: Councilman Fitzpatrick indicated his interest in continuing as Council representative to the Association of Metropolitan h1unicipaiities. MOTION by Councilman Barnette to nominate Councilman Fitzpatrick as the voting member to the Association of Meiropolttan Municipalities. 5econded by Councilman Schneider. MOTION by Councilman Schneider to cast a white ballot for Councilman Fitzpatrick as the voting member to the Association of Metropolitan Muntcipalities. 5econded by Councilman Barnette. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to nominate Councilwoman Moses as the non-vottng member to the Association of Metropolitan Municipal�ties. Seconded by Councilman Fttzpatrick. MOTION by Councilman Fitzpatrick to cast a white ballot for Councilwoman Moses as the non-voting member to the Association of Metropolitan Munici- paltties. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously SCHOOL DISTRICT #14 COMMUNITY SCHOOL ADVISORY CDUNCIL: MOTION by Councilman Schneider to nominate Councilman Barnette as the �' :J REGULAR MEETING OF JANUARY 22, 1979 PAGE 5 representative to School District #,14 Community School Advtsory Council. Seconded 6y Councilman Fitzpatrick. There 6eing no other nominations, the following action was taken: MOTION by Councilman Schneider to cast a white ballot for Councilman Barnette as representative to School D�strict #14 Community School Advisory Council. Seconded by Councilman Fitzpatrick. �pon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. SCHOOL DISTRICT #13 REPRESENTATIVE: MOTION by Councilman Schneider to nominate Counc�lman Fitzpatrtck as representative to School �istrict #13. Seconded by Councilwoman Moses. There being no other nominations, the following action was taken: MOTION by Councilman Schneider to cast a wh�te ballot for Councilman Fitzpatrick as representative to School District #13. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS Mr. Sobiech, Public Works D�rector, stated a public hearing was held on this plat and, from these hearings, several items were discussed and are recommended as part of the plat approval. Mr.Sobiech outlined the stipulations, as shown on page 2B, and stated on Page 2C of the agenda book, there is an affidavit which must be signed by potent�al developers of this property notifying them of the drainage requ�rement. Councilman Schneider asked if the staff was satisfied that, �f the lots were developed separately, the drainage could be handled. Mr. Sobiech felt, although it would be more advantageous to plan the dra7nage for the entire area, it could 6e handled satisfactortly tf the lots were developed separate7y, since the City does have certain requirements that must be met. MOTION by Counc7lman Fitzpatrick to approve the final plat; preliminary subdivision P.S. #78-06 for Caba Realty First Additton, generally located at 83rd and University Avenue, with the following stipulations: (1) drainage and utility easements a7ong lot l�nes to ensure access for utilities, and for use for drainage purposes; (2) lot dimensions must be revised to ensure m�nimum lot areas of 1.5 acres for heavy industrial property; and (3) an affidav�t informing potential developers that the storm water run-off rate, after development, must not be greater than the rate 6efore development, must be filed and recorded with the plat. Seconded by Councilman Barnette. Upon a voice vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. 1 INNSBRUCK NORTH TOWNHOUSE PLAT 5; P.S. �78-07 AND TOWNHDUSE DEVELOPMENT T-#78-01 FOUNTAIN OAKS BY DARREL FARR DEVELOPMENT CORP.: MOTION by Councilman Schneider to set the public hearing for February 12, 1979 or as soon as possible. Seconded by Councilman Fitzpatrick. Councilman Schneider stated he was concerned on this particular develop- ment that the Council see the record on the first four additions. He stated he wished to see what has been promised and what has been done, in the past, regarding development of recreational facil�ties. , ' , REGULAR MEETLNG OF JANUARY 22, 1979 PAGE 6 Mr. So6iech, Pu61ic Works Director, stated there was a site provided for tennis courts, but upon reviewing the site, the question has come up if this is a good location for the tennis courts. Mr. Sobiech stated it was the intent of the Council, at the time the site was provided, that the courts would be for public use. He stated, by locating them 6ehind the apartment complex, there was concern that they wouldn't 6e very public. Councilman Schneider stated he felt it boils down to the fact that there is no suitable place provided for the tennis courts. ' UPON A VOICE VOTE TAKEN ON THE ABOVE MQTIDN, all voted aye, and Mayor Nee declared the motion carried unan�mously VIKING ENGINEERING AN� DEVELOP�ENT COMPANY; SAV #78-05; 7740 BEECH STREET: MOTION by Councilman Barnette to set the public hearing for February 12, 1979 or as soon as possible. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ENVIRONMENTAL O�ALITY COMMISSION MINUTES OF NOVEMBER 21, 1978• A. AIRPORT EXPANSION: Mr. Sobiech, Public Works Director, stated the minutes of the Environmental quality Commission indicate thetr concern regarding the status of the Anoka County AirQort. He stated the Commission had previously requested that the City Attorney be directed to take whatever steps were necessary to insure that the Anoka County Airport remain at its present status. Mr. Sobiech stated, based on that particular request, a meeting was held with representatiNes of MnDOT, the Metropolitan Airports Commission and the Metropolitan Council to obtain a better understanding of the proposals � for the airport. Mr. So6iech stated the Environmental Quality Commission still has concerns, however, regarding the proposals that have been noted in the MnDOT Plan and the Metropolitan Council Airports Guide. He stated the Commiss�on is requesting the Council to correspond with the MPCA to develop certain procedures to insure that any type of changes to the airport facilities would require certain regulations with proper review. He stated the Commission also recommended that correspondence be sent to the Governor to request that funding of the Master Plan be withdrawn. Mr. 5obiech stated, it is his understanding, that with the process�ng of the Master Plan, certain impact statements would have to be made. He stated there is a lot of indication that implementation would be going ahead without the Master Plan, but that wasn't the indication the City rece�ved at the meeting with representatives of MnDOT, the MAC and the Metropolitan Council. Councilman Fitzpatrick stated, in the opinion of some, a plan has developed for an intermediate airport which we were really thinking was only a study, Councilman Schneider stated, from his understanding and notes of the meeting, the Master Plan would detail alternatives. He stated the ' question arose if one of the alternatives was to do nothing and the answer came back in the affirmative. He stated some persons have the impression that the Master Plan is one of the alternatives for an intermed�ate — atrport. Councilman Schneider stated he has reservations also, but doesn't know what constitutes the Master Plan. Mr. Sobiech suggested that staff compile what has 6een adopted by the Council to date and pass this information on to the Environmental Quality Commission. He felt the new point which has arisen regarding correspondence / REGULAR MEETLNG OF JANUARY 22, 1979 PAGE 7 to the Governor might be contrary to what the Council has previously done. He stated he believed the Council concurred with the Moundsview resolution in trying to insure that certain items were included in the Master Plan process. Councilman Schneider asked if stafF could communicate with the Metro- politan Airports Commission to sea if alternatives have been discussed. MOTION by Councilman Schneider for staff to contact the Metropolitan Arrports Commission to determine whether the Master Plan includes alternatives. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously, B. ZONING CODE: MOTION by Councilman Schneider to refer this item to the Planning Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. C. MOTORIZED RECREATIONAL VEHICLE USE IN CITY• Councilman Barnette stated he received a phone ca11 from Coon Rapids asking him when it would be a good night to meet regarding motorized recreat�onal vehicle use and hasn't heard anything more from them, Mr. Sobiech stated the Environmental Quality Commission had invited a member of the New Brighton Environmental Quality Commission to their meeting and they have indicated they would be interested tn discussing this matter. He suggested, therefore, that when meetings are held wlth Coon Rapids that the New Brighton, Ramsey County area be included. Mr. Sobiech stated it also becomes a policy matter whether the Council wants to get involved in recreational sites. He stated he believed it was the intent of the Environmental Qualtty Commission to fmd sites outside of the City. MOTION by Councilman Schneider to refer this matter to Councilman Barnette. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PARKS AND RECREATION COMMISSION MEETING OF NOUEMBER 27, 1978: A. FYSA - CANCELLATION OF LITTLE LEAGUE LEASE: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Piannin9 and Parks and Recreation Commissions and accept the letter from Glenn Van Hulzen dated November 27, 1978 cancelling the L�ttle League lease. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. B. FYSA - FEE PROPOSAL FOR 1979: Dr. Boudreau, D�rector of Parks and Recreation, stated, in the past, there has been a participant's fee for baseball, football, soccer or any other sport run by the Fridley Youth Sports Association. He stated th�s fee was met w�th some negative feel�ng because the C�ty was charging a user fee to use the facilities. He stated, in meeting with the FYSA, they have come up with an alternai�ve where they would give the City a flai amount which is to be put into a capital improvements fund and eliminate the participant fee. Dr. Boudreau siated the Fridley Youth Sports Association felt this was one way they could help in contributing to the facilities of the City, of which they are the prime users. He stated the Parks and Recreation Commtssion concurred with the fee of $2,500 for the year 1979 which is $500 over the amount paid in 1978. 1 �� ' REGULAR MEETING QF JAPdUARY 22, 1979 PAGE 8 MOTIDN by Councilman Fttzpatrick to concur with the Planning and Parks and Recreation Commission and accept this proposal for a flat fee of $2,500 from the FYSA. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. LIONS CLUB REQUEST - RENAMING MOORE LAKE: Dr. Boudreau, Director of Parks and Recreation, stated �t was brought to the attention of the Parks and Recreation Commission that the Ltons Clu6 has donated a lot of ttme, energy and money for the betterment of ' the parks and �t was felt the City could show their appreciation by renaming a park after the Lions Club. He stated this was discussed by the Parks and Recreation Commission and they recommended renaming Moore Lake Park to Moore Lake Lions Park. Mr Mike Murphy, representing the Lions Club, stated the Lions Club did de- velop some long range plans for the parks and recreational facilities. He outlined several improvements they are considering in the parks and stated the Lions Club does want to commit the�r energy, money and time into maktng lmprovements the residents of Fridley can be proud of. Councilman 5chneider stated the question came up on what criteria the City would use �f they had similar requests come from other orga m zations He asked if the L�ons Club would ob�ect if the matter was delayed for two weeks in order that they can discuss th�s criter�a. Mr. Murphy stated he would see no problems with delaying actton for a few weeks. MOTIDN by Councilman Schneider to table this request to the next regular Council meeting and instruct the admim stration to have this item on the agenda for discussion at the Conference Meeting. Seconded by Council- man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Counc�lman Fitzpatrick to receive the minutes of the Planning Commission meeting of January 10, 1979. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES Of THE CHARTER COP�MISSION MEETING OF NOVEMBER 21, 1978: MOTION 6y Councilman Schneider to receive the m�nutes of the Charter Commission Meeting of November 21, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IVING THE MINUTES OF 7HE CATV COMMISSION PUBLIC �.,., „ , „�., _ RECEIVING THE MTNUTES OF THE CATV COMMISSION MEETING OF JANUARY 16, 1979• MOTION by Councilman Fitzpatrick to receive the minutes of the CATV Commission Pu61ic Hearing Meeting of January 9, 1979. Seconded by Councilman Schneider. Upon a votce vote, all vottng aye, Mayor Nee declared the motion carried unam mously. MOTION by Counctlman Schnetder to receive the minutes of the CATU ' Commission Meeting of January 16, 1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. Mayor Nee stated this item involves the transfer of the cable television franch�se. He stated it is spelled out in the franchise ordinance that a public hearing 6e held and the Council can then act by resolution. Mayor Nee stated a public hearing was held on January 9, 1979 by the REGULAR MEETING OF �ANUARY 22, 1979 CATU Commission, after adequate notice. PAGE 9 Mr. Ed Kaspszak, Chairman of the CATV Commiss�on, stated the Commission feels tfiey have received all the answers they were obliged to ask, however, the answers weren't necessarily to their satisfaction. Mr Kaspszak stated the Commission did vote for approval of the merger contingent on approval of certain amendments to the franchise ordinance. He stated the Council can deal with the transfer on its own, independent of the amendments, or they can put them together. Mr. Kaspszak stated, he felt, with the Storer merger, there would be ' a marked improvement of services to the community. Councilman Schneider asked if the Commission's position was that the transfer of tfie francise should be contingent on Storer accepting the amendments. Mr Kaspszak answered in the affirmative. Mayor fJee stated the problem befare the Council is that they could act this evening on a resolution to approve the transfer; however, �f it is dec�ded not to approve the transfer until they have made amendments, this would add about two months to the proceed�ngs. Mayor Nee stated, in an effort to accommodate both the concerns of the company and concarns of the Commission, he suggested there may be some middle ground whereby the Council would secure either the assurance that the company would not litigate against the amendments or that the company concurred with the memo that the City Attorney, Mr. Herrick, provided which stated that the Council had the power unilaterally to amend. Mr. Ed Carpenter, attorney representing General Television, stated they are trying to get action on the transfer of the control of General Television, Inc. and urged the Council to separate the transfer from the amendment question. � Mr. Carpenter explained that General Television, Inc. is a parent company of General Television of Minnesota which holds the Fridley franchise. He stated that company will not be changing, but what is happening is that General Television, Inc. will be merqing into a subsidiary of Storer Broadcasttng Company and there are over 400 shareholders of General Television who will receive cash or stock from Storer. Mr. Carpenter explained this merger involves transfer of control of General Televis�on of Minnesota and transfer of control of two East coast su6- sidiaries. Mr. Carpenter stated they have been required to obtain FCC approval and the shareholders will meet on February 15, 1979 to approve or d�sapprove this transaction. Mr. Carpenter stated he is trying to separate the transfer of the franchise from the amendments and stated the Counc�7 has an opinion that the franchise ordinance can 6e amended unilaterally and that they would have the same rights after the ownership has changed. He felt the question on the amendments is much more complex and would take additional study, Counc�lman Schnetder asked if Mr. Carpenter concurred with Mr. Herrick's opimon. Mr. Carpenter stated it seemed the ordinance covers this and �s very , clear, If you take the ordinance literally, it can be unilaterally amended. Mr. Herrick, City Attorney, stated the amendment would have to be reasonable, however, withtn the framework of the ord�nance, but it clearly states it can be amended. He stated it was accepted by General Television in its present form and would be accepted by Storer in its present form. REGULAR MEETING OF �ANUARY 22, 1979 PAGE 10 Mr. Herrick stated the Counctl was attempting to find a mtddle ground 6y asking the proposed owners to either accept the provisions that the ordinance could be amended by the Council or to make a statement to the effect that they wouldn't ob�ect to the nature of the proposed amend- ments. He stated the statement they received from Northern Cablevtsion skirts these concerns, as it doesn't really forthrightly say "yes" to either of these requests. Mr. Herrick felt another alternative would be to ask the person who drafted the letter for a more positive statement and have that before ' the Council at their first meeting tn February. He felt, if that statement was less ambiguous than the one the City has now, action could be taken at that time. Councilman Schneider felt a letter from Storer saying they agree with the amendments or agree with Mr. Herrtck's opinion regarding unilateral changing of the franchise would solve the problem. Mr. Ed Kaspszak stated the Commission feels that the franchise, as it exists today, is but an embryo and wtthin 10 years you will see things that were unheard of this even�ng. He stated a company like Storer wtll get involved not only in the programming that we have today, but, for example, telephone banking, retail catalog orders, educational systems of all k�nds, market research, etc. He stated the Commission wanted the amendments, as part of the merger, as they felt it would be easier to handle these at this time rather than when the merger is up for renewal. Mr. Kaspszak stated these amendments have been dtscussed over a per�od of years at many meetings and the Commission knows what it wants to do and feels it has the concensus of the communiiy. Mr. Kaspszak stated Storer was warned back in Novem6er that this process could take two or three months or even longer. He felt Storer thought that what was going to be resolved was the merger and there wouldn't 1 be any amendment process. He stated the Commission doesn't feel this way. He thought there might be some damage done internally with the stock- holders, but felt it was very hard to intermingle the interests of Fridley with the stockholders. Mr. Kaspszak stated he was sensitive to the pro6lem, but felt his responsibility is to the C�ty. Mr. Doug Hedin, legal counsel for the CATV Commission, stated Mr. Erickson (legal counsel for Storer) noted at the January 9, 1979 meeting that the ord�nance could be amended and felt this would comply with Councilman Schne�der's request. Councilman Fitzpatrick pointed out, if what Mr. Nedin stated was true, why the company was reluctant to reflect this in their letter to support their pasition more strongly. MOTION by Councilman Fitzpatrick to receive the letter from Northern Cablevision dated January 19, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mr. Jim Erickson, legal counsel representing Storer, stated the Council has 6efore them a recommendation to approve the merger contingent on amendments. He stated if there ts any question on what the company's position is on the right of the City to amend the franchise, they agree � with Mr. Herrtck's interpretat�on that the City has the right to alter the terms to make any reasonable changes. — Mr. Erickson stated he made this point to the Commiss�on that they felt it would be in the best �nterests of 5torer and best interest of the City to withhold action on the amendments until such time as Storer Broadcasting operates this system. He felt a number of concerns of the City would be eliminated so felt it doesn't make sense to spend a great deal of time arguing over things that six months from now wtll not be an issue. a r' REGULAR MEETING OF JANUARY 22, 1979 PAGE 11 Mr Erickson stated some of the amendments may not be necessary and some amendments that aren't being recoromended now may arise. He stated there were some �nternal inconsistencies in the last minutes that were adopted, but d7dn't see anything the company can't live with. Mr. Erickson requested the Council to approve the transfer this evening. He pointed out that the transfer resolution, to be effective, has to be clean unto itself and that the transfer not be contingent on the Council passing any amendments. Counc�lman Schneider stated to h�r. Erickson that on January 9, he took , the position that he would recommend to Storer that they not 6uy the franchise, if the 5°6 fee was attached. Councilman Schneider asked if he is now saying that he is recommending that it is an acceptable franchise amendment that they could live with. Mr. Erickson stated he saw nothing in the concept of those amendments that, �f taken up after six months of Storer's operations, they couldn't live with. If they are taken up now, h�s comments remain the same. Councilman Schneider asked, if the Council approved the transfer and then proceeded w�th these amendments into the franchise, would they then consider them unreasonable and chal7enge Mr. Herrick's opinion. Mr. Er�ckson stated he would have one view if they were adopted now, however, six months later they would take a different position. Mr. Erickson felt, if the Council approves the merger this eventng, it should be irrelevant whether the amendments come up immediately or to wait two or three months to give Storer the six months they asked for. Councilman Schneider felt this was inconsistent, as they agree with Mr. Herr�ck's ruling that the City can unilaterally change the francise, and yet they are saying these amendments six months from now are reason- able, but these amendments two months from now might be construed as unreasonable. Mr. Erickson stated the reasonableness is not the issue, but the timing ' is. Mr. Herrick stated to Mr. Erickson that he has made certa�n statements as to position and asked if he was authorized to make these on behalf of his client so the City wouldn't get into a position later where officials of Storer might say that Mr. Erickson said things without their explicit authority. Mr. Erickson stated, in his experience with Storer, they trust his legal opinion and doesn't think they are that kind of a company. Mr. Herrick asked Mr. Erickson if the Council tabled this matter to the first meet�ng in February so that there could be additional discussion between the attorneys, if this would be a ma�or problem. Mr. Er�ckson stated the stockholders meeting is for February 15, but if the Council could take action the first meeting in February, felt it wouldn't �eopardize the transaction. Senator Schaaf stated he has some understandtng of the background of cable televis�on in Fridley so he has more than a normal interest. He stated Storer is coming to our community in different circumstances than the current operator He stated we can clearly see the operator wants this to be a success and needs to operate a number of systems , to be a successful financial adventure. He stated he believes Storer has the ability and background to make this good and thinks if the City gives them a hair of good faith and approves the merger and transfer, Storer will come to Fr�dley and do a good �ob. Councilman Schneider stated it seems the Council is spending an inordinate REGULAR MEETING OF �ANUARY 22, 1979 PAGE 12 amount of time when one simple letter would solve the problem. Senator Schaaf stated Storer wants the opportunity to really do it rtght and show the Council some hard evidence of what ts happening. He stated there is nothing wrong to look at it from their point of vtew. MOTION by Councilman Fitzpatrick to table this item to the meeting of February 5, 1979. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � Councilman Fitzpatrick stated the Council has heard Councilman Schneider state over and over that the Council wants to see a letter, like the one received into the record, that states what perhaps Mr. Erickson has stated this evening, and what is in the mrnutes of the CATV meeting. Mr. Erickson stated his client gets impatient with lawyers and questioned why they didn't transfer the franchise. He stated his cl�ent asked what the Council wanted and for the City Attorney to wr�te this out and Mr. �aniels w�ll sign it. Mr. Erickson stated it seems like they are always the ones that must have the faith. Mayor Nee stated, srnce he has a motion to taale which has been acted on, he would poll the Council as to their wishes. Mr. Herrick stated, prior to the motion to table, he was going to say that he would withdraw his suggestion to table because he had discussion with Mr. Doug Hedin and on the quest�on he wished to discuss with htm, he had received an answer to his sat�sfaction. Mayor Nee stated some questions are raised in his mind about separating the transfer of the franchise and the amendments because the Commission was very explicit. Councilman Barnette stated he has no qualms about signing the transfer, except he has a lot of respect for the CATV Commtssion and would, there- ' fore, be leary about voting on anyth�ng this evening if the conditions weren't met. Councilman Schneider stated he is not intending to say Storer is dis- reputable, but would feel more comfortahle in having what Mr. Erickson said on record, in a letter saying they agree with the City Attorney's opinion. CouncilWOman Moses stated she agrees wtth Councilmen Barnette and Schneider as to what the Commission has recommended, however, sees this as a matter six months down the road, if they need the amendments at that time, they could get them. She stated getting it in writing doesn't seem to be the problem anymore. Councilman Fitzpatrick felt the Council has the recommendation of the CATV Commission and �f the Ctty Attorney feels what is on the record serves the purpose, the Council will very l�kely praceed with the merger. He stated he would like to have Storer state their position in the form of a letter and the Council would be receptive of that on February 5. Mr. Larry Chevalier, a member of the CATV Commission, stated his only comment is that several of the Commission mem6ers are new on the Commission and felt they are taking a fairly fresh look at the matter. He stated his feelings are in the memo and expressed to Chairman Kaspszak. Mayor Nee suggested a recess to enable the attorneys to discuss this further. RECESS: Recess called by Mayor Nee at 10:08 p.m. RECONVENED: The meeting was reconvened at 10:25 p.m. by Mayor Nee. All Council members were present. MDTION by Counc�lman 5chneider to recons�der the motion to table the REGULAR MEETING OF JANUARY 22, 1979 PAGE 13 franchise transfer. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, f4ayor Nee declared the motion carried unanimously. RECEIVING LETTER �ATED �ANUARY 22, 1979 FROP1 NORTHERN CABLEVISION AND rrnnirr� .�v un }nnerr nnnrrri r_ MOTIOfJ by Councilman Schneider to receive the letter from Mr. �aniels of Northern Cablevision dated January 22, 1979. Seconded by Counctl- woman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Kaspszak stated he, Larry Chevalier, Doug Hedin, Virgil Herrtck and ' representatives of Storer came up with wording in the letter, which the Council just rece�ved, which they feel was what the Commission was seeking. He felt this letter is stating the commitments the company should make so that the transfer or merger can be done in an orderly process. Mr. Kaspszak asked �f the suggested amendments should be part of the letter. Mr. Herrick stated that they should be included. MOTION by Councilwoman P�oses to adopt Resolution No. 12-1979 in reliance on the letter dated January 22, 1979 from the company. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION REGAR�ING TOWING CONTRACT: Mr. Jim Hil7, Public Safety Director, stated data was subm�tted regarding towing rates in the City and surrounding areas. He stated that Shorty's Towing has raised their rates above what was initially negotiated and , authorized in their 1974 contract. Mr. Hill fe7t, because of the rate increases, this information should be brought to the Council. He stated he discussed this matter with the City Attorney and the City has two options. �ne option would be to authorize the City administrat�on to go through the bidding process for a towing contract and the other option would be to accept Shorty's new rates or perhaps negotiate something and continue on with the existing contract. Councilwoman Moses asked if they are charged an hourly rate from the time the person leaves h7s business. Mr. Hill stated the only hourly rate they are looking at is the accident rate and pointed out these are prtvate tows. Mr. Hill stated, it is his opin�on, that bidding wouldn't be of any significant vaiue reTative to cost to the Ciiy; however, it would open up the towing contract to others that might be interested. Councilman Barnette asked, if the Council accepted the new rates, how long would they be in effect A representative of Shorty's stated the rates were ratsed about four ' months ago and that was the first time in ftve years. He pointed out that, with inflat�on, his costs for equipment and insurance have r�sen greatly. MOTION by Councilman Barnette to accept the rate increases and continue the existing contract with Shorty's Towing with the following amendments: {1) Under accidents, the charge not to exceed $25 per hour; (2) Under outside storage, no charge is made if vehicle is picked up within the REGULAR MEETING OF JANUARY 22, 1979 PAGE 14 first 12 hours; (3) on cancelled tows, there will be "no charge"; and (4) Under the "hauling and recycling center", this section to be eliminated. 5econded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. ONTRACT FOR MISCELLANEOUS CONCRETE CURB AND GUTTER Mr. Sobiech, Public Works Director, stated these bids were received for the removal and replacement of miscellaneous concrete curb and gutter and ' driveway openings. He stated the low bidder was Halverson Construction and it is recommended they be awarded the contract. Councilman Schneider asked about the bid from Victor Carlson and Son, Inc. Mr Sob�ech stated they felt this company was more into sidewalk construction than curb and gutter replacement. ' MOTION by Councilman Schneider to rece�ve the following bids for miscellaneous concrete curb and gutter and driveway approach reconstruction: COMPANY Arcon Construction Mora Minnesota 55051 Harstad Company 7101 Highway 65 N.E Fridley, MN 55432 Halverson Construction 4227 - 165th Avenue N.E. Wyoming, MN 55092 Victor Carlson & Son, 2246 Edgewood Ave So. Minneapolis, MN 55426 Schumann Bros , P. 0. Box 8599 White Bear Lake, Inc. BID PROPOSALS No Bid No Bid Bid Bond� 5% - Great American Insurance Proposal "A": $15.D0 Alternate Proposal "A": $15.75 Proposal "B": $17 DO Alternate Proposal "B": $17 50 *Total Cost Curb�ng: $17.50 = $45,500 00 Handicap Unit Price. 3285 00 =$11,97D.00 **Tota1 Construction Cost $57,470.00 Inc. Bid Bond: 51 - St. Paul Fire & Marine Proposal "A": $28.5D Alternate Proposal "A": $32 00 Proposal "B" $38.50 Alternate Proposal "B": $42 00 *Total Cost Curb�ng• $38.50 = $100,100.00 Hand�cap Um t Price: $792 00 =$33,264.00 **Total Construction Cost $133,364 00 MN 55110 Bid Bond. 5% - United Fidelity Proposal "A" $14.50 Alternate Proposal "A": $16.00 Proposal "B". �17.90 Alternate Proposal "B": �lg 00 *Total Cost Curb�ng: $19.00 = $49,400 00 Handtcap Um t Price: $320.00 = �13,440.00 **Tota1 Construction Cost $62,840.00 , *H�ghest Unit Price X 2,600 Linear Feet (estimated quantity) **Total Construction Cost is Total Cost Curbing plus Handicap (Handicap Unit Price X 42) Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for miscellaneous concrete curb and gutter and driveway approach reconstruction to Halverson Construction Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. e, REGULAR MEETING OF JANUARY 22, 1979 ISCU PAGE 15 INSTALLATION OF SIGNAL ON TH 47 AND 69TH AVENUE Mr. Sobiech, Public Works Director, presented alternative funding proposals for the installation of a stgnal at TH 47 and 69th Avenue. Councilman Schneider stated he recognizes the need for the signal, but wondered �f a precedent would be set. Mr. Quresh�, C�ty Manager, stated the City has contributed, in the past, up to 50% for the cost of signals. Councilman Barnette stated the people he had contacted in his area unan�mously agreed there should be a signal at this intersection, however, as far as 6eing assessed, the residents felt the State and City should pay the cost. He stated he did talk with the residents regarding the assessment over a ten year period and with, one or two exceptions, most felt the figure of $20 per year, plus interest, was reasonable. Mr. Qureshi, City Manager, stated tt is hoped that only 1/4 of the cost would have to be raised by spec�al assessment with 3/4 paid for by the Ctty and County. He felt, however, if there is a strong ob�ection, the idea shouldn't be proposed. Councilman Barnette felt there wouldn't be a strong ob,7ection, if the assessment was reasonable. Mr. Qureshi pointed out, in recent times, the City hasn't contributed to signals because the ma,7ority of the cost was funded by other governmental agencies. He felt the County would contribute some money for the cost of thts signal. Councilman Fitzpatrick felt the signal should serve a general service to �usttfy the C�ty's participation. Councilwoman Moses felt it was a good idea to approach the people, but questioned if the City has the money to spend for the signal. Mr. Qureshi stated the Council would, in a way, be contributing some of its future funds. He stated if the signal is provided and the City participates, about an additional $30,000 would have to be appropriated next year Mr. Qureshi felt the oniy precedent involved is that the City has never assessed ne�9hborhoods for this improvement. He felt the staff could prepare an outline listing the reasons why the City cannot get a signal at th�s intersection and find out if there is support for this approach as an alternat�ve for having the s�gnal installed. It was generally agreed by the Council that probably the funding under Item #5 would 6e the most des�rable wtth the City contributing 50%, the County contributing 25% and the remaining 25% to be assessed, if they were to proceed with the stgnalization. MOTION by Councilman Barnette to concur with the recommendation and Item 5 as an operating plan for a s�gnal at TH 47 and 69th Avenue. Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all vottng Mayor Nee declared the motion carried unanimously. adopt aye, RESOLUTION NO 13-1979 REQUESTIPJG ANOKA COUNTY COMMISSIONERS TO SHARE IN SIGNALIZATION IMPROUEMENT COSTS. MOTION by Councilman Fitzpatrick to adopt Resolution No. 13-1979. Seconded by Counc�lman Schneider Upon a voice vote, ail voting aye, Mayor Nee declared the motion carr�ed unam mously. ' ' , REGULAR MEETING OF JANUARY 22, 1979 RESOLUTION NO 14-1979 TO ADOP7 THE FINE SCHEDllLE• PAGE 16 Mr. Herrick, City Attorney, stated the procedure that was adopted originally was that the Council passed a resolution in which they made recommendations to the �udges regard�ng the fines. He stated the �udges then, if they concurred, adopted the fine schedule. He stated the purpose of the fine schedule is that tf, in certain cases, a person wishes to plead guilty and pay the ftne, they don't have to appear in court. He stated this fine schedule is given to the Clerk so they will know what the amount of the ftne will be ' Mayor Nee felt it should probably be a proposed fine schedule. Mr. Herrick believed, in the past, the Council has adopted the fine schedule, by resolution, and then forwarded it to the Court and asked, if they find it acceptable, to implemeni it by court rules. MOTION by Councilman Fttzpatrick to adopt Resolution No. 14-1979. Seconded by Councilman Barnette. Upon a voice voie, all voting aye, Mayor Nee declared the motton carrted unanimously. RESOLUTION N0. 15-1979 URGING GDVERNOR QUIE TO REAPPOINT MARCIA BENNE7T TO REPRESENT FRIDLEY'S DISTRICT ON THE METROPOLITAN COUNCIL. MOTION by Councilman Fitzpatrick to adopt Resoluiion No. 15-1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Councilman Fitzpatrick also requested that copies of this resolution be sent to the legislat�ve delegates from our legtslative district. CONSIDERATION DF RESIGNATION OF �AVID THIELE, HUMAN RESOURCES COMMISSION M07ION by Councilman Fitzpatrick to receive ihe resignation of David Thiele � from the Human Resources Commiss�on. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. ESTIMATES. MOTION by Councilman Barnette to approve the estimated as submitted. Weaver, Talle & Herrick 6279 Universtty Avenue N.E. Fridley, MN 55432 For Services Rendered as City Attorney For December, 1978 $2,809.90 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES� MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on ftle �n the License Clerk's Office Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' CLAIMS. MOTION by Counci1man Fitzpatr�ck to authorize payment of Claims No. 320507 throu9h 018938. Seconded by Councilman 6arnette_ Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. OPENINGS ON CHARTER COMMISSION: Mayor Nee stated he received a call from Chief Judye, Connie Forsberg, who indicated there were four openings on the Charter Commission. He stated she would like recommendations from the Council and stated three persons REGULAR MEETING OF JANUARY 22, 1979 presently serving are interested in reappointment Council could consider this at their next meeting SISTER CITY MEETING: PAGE U Mayor Nee felt the Mayor Nee stated there will be an organizattonal meet�ng regarding the Sister City program at Medtronics on February 6, 1979. AD�OURNMENT: MOTION by Counc�lman Fttzpatrick to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voiing aye, Mayor Nee declared the motion carr�ed unanimously and the Regular Meeting of the Fridley City Council of January 22, 1979 ad�ourned at 11:25 p.m. Respectfully submitted, � � '�Z2/�i'C.— ��-,i�-cLc�'� A� Carole Haddad Secy to the City Council Approved 2/5/79 l � ' i • � � ` � 4 William J Mayor Nee i� � ' 1