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01/14/1980 - 00013621J� THE MINUTES OF THE PUBLIC HEARIfJG MCETING OF THE FRIDLEY CITY COUNCIL OF JANUARY i4, 1980 The Publ�c Hearing Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA: Mayor Nee, Counctlman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette None Mayor Nee requested an item be added as follows: "Consideration of TRA Airport Study Group Proposal". MOTION by Counc�lwoman Moses to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanrmously. PUBLIC HEARINGS PUBLIC HEARING ON FINAL PLAT, P.S. #79-03, BLOMBERG ESTATES, BY KARLA A. BLOMBERG: MOTION by Councilman Barnette to waive the reading of the publtc hearing notice and open the public hear�ng. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the public hearing opened at 7 38 p.m. Mr. Quresht, City Manager, stated the Plann�ng Comm�ss�on held a public hear- ing on this plat on November 7, 1979 and recommended approval with certain stipulat�ons These st�pulations were as follows• (1) costs of authorized fees must be worked out; (2) an agreement worked out on right-of-way acquisi- t�on to provide access, (3) approval by the Rice Creek Watershed District, (4) sewer and water layout approval by staff, (5) drainage and uti7�ty ease- ments around each lot to be dedicated, (6) dedication of a 25 foot driveway easement to Lot 2, Block 2, through Lot 4, (7) switch the lot sizes of Lots 11 and 14, Block 3 with those of Lots 12 and 13, Block 3; and (8) if the plat was reconfigured for any reason, it should go back to the Planning Commission for further review. Counci]man Schneider stated he contacted several people regarding access from the proposed plat onto Lakeside and the acquiring of the necessary right-of-way and there are some people on Lakeside who wished to voice their concerns Ms Karla Blomberg stated the C�ty should have recetved approva7 from the Rice Creek Watershed �istrict and all the other concerns of the Plamm �g Commission have been settled, except the problem of the street. Mr. Maki, 7520 Lakeside Road, stated, up until last Saturday evening, he had no contact wtth the Blomberg's to make arrangements to acquire the 25 feet of his property. He stated, at this time, he can make no commitment to accept or deny any offer they may make Mayor Nee asked his feel�ngs about the proposed plat, if an agreement is reached w�th the deve7oper. Mr. Maki stated he didn't l�ke the idea of a 50 foot street, as he was told when he bought his property, there would never be anything there but a 25 foot alley. 1 ' , � � PUBLIC HEARING MEETING OF �ANUARY 14,1980 Page 2 Cuuncilwoman Moses questioned the assessment for the street, if it was con- structed. Mr. Brunsell, Ctty Clerk, stated the Maki property would have a stde yard assess- ment, under Lhe City's policy, unless they made some arrangements w7th the devel- oper to pick up this cost. Mr Maki quest�oned the drainage required by the Watershed District. Mr Comstock, engineer for the developer, explained there wauld be a detention pond along the � back lot lines and indicated, even tn a 100 year storm, the water would probably be ln the d�tch only a few hours. Mr. Qureshi stated, when the plat is filed, the easements should be noted sc the persons purchas�ng these lots are aware of the drainage easement. 1 � Mr. Comstock also explained that any liveable area of the home would be two feet aoove the 100 year storm level. Mr. Coinstock stated the original proposal was to take 25 feet from one property to bu�1d the street, but this would only leave the owner ftve feet between his garage and the new right-of-way l�ne He stated it was decided perhaps they should makE a trade-off with another property owner to obtain the additional right-of-way. Mr. lieyne, 7550 Lakeside Road, stated he was not in favor of the road coming through, and felt all avenues haven't been investigated Mr. Carlson, 7535 Lakestde Road, questioned why the streets couldn't he lined up and the plan reversed. Nis concern was tf they were looking at the best way or worried about the num6er of lots. Mr. Coinstock stated this layout was the most efficient one for the property, arid where they can get the greatest num6er of lots. He felt the d�mensions of the land are such that it d�ctates this type of layout. Councilman Schneider stated it is his feeling there is a fair amount of negoti- ations yet between the developer, Mr. Maki, and Mr. Heyne, if th�s is the plat they so desire Mr. Qureshi suggested perhaps this item should be tabled so the developer could try and tiaork out these problems and, if they cannot come back with an acceptable proposal and if the configuration is changed, then �t should go back to the Planning Commission. Mr. Nagen, 7581 Lakeside Road, felt the contiruation of an existing road would keep car ltghts from shining into people's homes. Couricilman Schnetder asked the developer if they felt something could be worked out in the next week or �f they wanted it tabled for a longer period I�s. Blomberg stated she didn't know if another plat would be favorable, as other groups of people may then be unhappy with it. She felt, tf there was some magical way this could be done so everyone is satisfied, they would l�ke to see th�s done. She felt there probably should be a time limit for them to try and work out the pro6lem, She stated she felt the City really d�dn't want cul-de-sacs and 6ecause of the soil and requirements of the Watershed District, it �s difficult to lay out the plat tn another manner. Ms. Blomberg asked the City's feelings on using the 25 feet between the Mak-� and Heyne property as an alley. Mr. Quresht stated if they are thtnktng about thts possibility, the City would like to work with them and the persons involved to try and resolve the issue. �� �� PUBL?C HEARING MEETING OF JANUARY 14> 1980 Page 3 Councilman Schne�der felt the developer should be cons�dering other alter- natives, tf the negotiations with the property owners aren't fruttful. MOTION by Councilman Schneider to continue this pu6lic hearing on PS #`79-03 until the January 21, 1980 meeting. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. PUELIC HEARING ON ISSUANCE OF A NON-INTOXICATING MALT LIQUOR LICENSE TO GARY QRAAM DBA UNIVERSITY STATION: MOTION by Councilman Barnette to waive the read�ng of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the public hearing opened at 8:47 p.m. Mr. Brunsell, City Clerk, stated th�s hearing is on the issuance of a 3.2 beer lTCense to Gary Braam for the busrness at 7610 University Avenue. He stated the Police Department has checked the applicant's record and has recommended approval of the license. No persons �n the audience spoke for or against the issuance of this license. MOTION by Councilwoman Moses to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8•48 p.m. PUBLIC HEARING ON ISSUANCE OF A LIQUOR LICEPJSE TO R08ERT J D'ROURKE AND OR'S CORPORATION DBA CAPPELLETI'S PLAZA VILLA: MOTION 6y Councilman Fitzpatrtck to waive the readtng of the public hearing not�ce and open the public hearin9. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8.48 p.m. Mr. Brunsell, City Clerk, stated this hearing is on the issuance of a l�quor license to Robert 0'Rourke or OR's Corporation for the business at 6259 H�ghway 65 N. E. Mr Brunsell stated this ts a change of ownership for the establish- ment. He stated the Police Department has investigated the applicant and they recom- mend approval of the 1TCense. Councilman Schneider questioned �f the license was issued to the establishment, as he assumes liquor is still being served. Mr. Brunsell stated the hearing on the issuance of the license should really occur before the new owner takes over the business. He siated, as a pract�cal matter, the saie is contingent on the issuance of the liquor license Mr. Peterson, attorney representing the applicant, stated Mr. Brunsell was correct, however, in this sttuation, the present owners cou]d not cont�nue due to financial and health reasons and the financial inst�tution backtng this establishment didn't want the business shut down. He stated he was advised by the City this would be the proper way to proceed. Mr. Herr�ck, City Attorney, stated Mr. Peterson had talked with him and explained the s�tuation and he advised him, as long as the f�nancial backers were still �nvolved, he didn't see any problem w�th continuing the operat�on. No persons in the aud�ence spoke for or against the issuance of this liquor l�cense. MOTION by Counc�lman Schneider to close the public hearing. Seconded by Counctlman Barnette. Upon a voice vote, all voting aye, Mayor Nee tleclared the motion carried unanTmously and the public hearing closed at 8:52 p.m. i � � 1 �I� � � � L _l � PUBLIC HEARING MEETING OF JANUARY 14, 1980 PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CATV ORDIANCE Page 4 M�TIDN by Counc�lwoman Moses to waive the reading of the pu6lic hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:52 p.m. Mr. Qureshi, City Manager, stated these were the amendments recommended by the Cable Television Commission. Mayor Nee briefly outlined the proposed amendments. The amendment to Section 405.22 would allow the cable television company to collect from its subscribers any governmentally imposed copyright fee or royalty. Under Sect�on 405.11 there is an amendment to the installation fee to reflect the chang�ng costs for material and labor. The fee has heen raised from $7 50 to $25.00, with se m or citizens to pay a maximum of $7.50 per installation. In Sect�on 405.222 regarding the monthly service charge, the amendment provides for deletion of the income eligibility, and qualification would go by age. Section 405.28 changes the date for the cable company to furnish their reports. Councilworrian Moses asked if the �25.00 installation fee was reflective of the costs for materials and labor. Mr. Eddy, representing Northern Cablevtsion, stated their actual costs are probably more than $25.00. Mr. Eddy stated they run specials about every other month in an effort to ob- ta�n more subscribers, and didn't want the $25.00 to cause a problem for some- one that wanted to subscribe. Councilwoman Moses questioned the copyright fees and royalty fees. Mr. Eddy stated the ca61e television company is required to pay a copyright fee and what this amendment does is pass alon9 this fee, vahich amounts to about three cents per subscriber per month, to the subscriber. Mayor Nee stated it should be pointed out that the attorney for the Cable Television Commission ob,7ected to t M s provis�on. Mr. Burt Weaver, a member of the Ca61e Television Commission, stated that his positton, and that of several other Commission members, was that this fee was a cost of doing bustness and stmilar to an increase in a utility bill. He stated he couldn't enviston the franchise becoming non-competittve because of this three to five cent fee, as it was such a small amount. Mr. Weaver stated the $25.00 �nstallation fee does provide the franchise with the lat�tude to reduce that amount for any promot�onal purposes. f4r. Weaver stated the amendments come before the Council with approval by the Cable Television Commission. Mr. Eddy stated they would like the same wording in Section 405.11 that is prov�ded under Section 405.222 regarding the proof of age for the senior citizens. Mayor Nee stated this �tem could be taken care of when action is taken on the amendments. No other persons tn the audtence spoke regard�ng the proposed amendments. MOTION by Counc�lman Fttzpatrick to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously and the public hearing closed at 9:06 p.m. � ��J PUBLIC HEARING MEETING OF �ANUARY 14, 1980 Page 5 NEW BUSINESS CONSIDERATION OF PURCHASE OF ADDITIONAL UMBRELLA INSURANCE COVERAGE: Mr. Brunsell, City Clerk, stated, at the present time, the City carries a $1,000,000 umbrella which has been the same for about the last five years. He stated the Rice Creek Agency has sumbitted costs for additional umbrella coverage and the City has had recommendations this coverage be increased Mr. arunsell stated the Council has received a copy of a letter from the � League of Ctties regard�ng problems in this area because, even though there are state statues regarding the City's liabiltty, there might be other con- s�derations. Mr. Brunsell stated it is the staff's recommendation the City obta�n $1,500,000 in umbrella coverage. Councilwoman Moses asked �f there were any lawsuits against a City where they needed this additional coverage. Mr. Aune of the Rice Creek Insurance Agency stated there was a lawsuit in Iowa against a City which resulted in the Legislature passing legisiation to enable this City to sell 6onds in order to pay the �udgment awarded in the lawsuit Counc�lman Fitzpatrtck quest�oned why some c7ties d�dn't have umbrella coverage. Mr. Brunsell stated he felt they were relying on the limits stated in the state statute. He felt it was un6elievable they didn't have some kind of umbrella coverage. Mr. Herrick, City Attorney, stated �n the letter from the League of C�ties, it states, basically, what he has stated is that you either need a crystal ball to predict what will happen or you ptck an area you think �s reasonable. He stated the governmental immunity document has slowly eroded and there have been some hints that the limits the Leg�slature has placed on the City's , liability may be challenged. He also felt there is some moral obligation, if the City is engaged �n some activit�es where a number of people are in�ured, the question arises if �t is fair to these �nd�viduals to bear the burden be- cause the City was underinsured, and limits were placed because it is a govern- mental unit Councilwoman Moses asked Mr. Herrick if he was comfortable with the $1,500,000 umbrella. Mi°. Herrick stated he certainly feels the additional $500,000 1n coverage ts �ustif�ed, since the City has been carrying $1,000,000 for several years. He felt, however, the Counc�l should keep abreast of any change in leg�slation. Councilwoman Moses quest�oned why the Rice Creek Agency was recommending $3,OD0,000 to $5,000,000 in umbrella coverage. Mr. Aune stated one of the ma�or reasons �s the potential for loss in the C�ty He cited liquor, the number of emergency vehicles operated by the City, and ac- c�dents wh�ch happen �n the C�ty where negligence might be charged as potential losses. He also stated any accident that may happen now would probably not be settled for four or five years and settlements would probably be higher at that time. He stated you also see in the trade �ournals that awards for one persons are in excess of $2,000,000. hir. Quresht, City Manager, felt it should be determined what is a reasonable , risk. He stated the reason for the survey was to determine what other cities are carry�ng and only three communities carry more coverage than Fridley. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Finance Offi cer that the City purchase a total of �1,500,OQ0 in umbrella coverage. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. � PUBLIC HEARING MEETING OF JANUARY 14, 1980 Page 6 Mr. Herrick brought out the fact that poltcies not only have a face value, but an annual aggregate amount. Mr, Aune stated the umbrella has an annual aggregate which means that the $1,500,000 umbrella would only be paid once per year and, if there were claims tn the year totaling more than this amount, the $1,500,000 would be the maximum paid. Mr. Herrick questioned if any other basic poltcies have an annual aggregate amount. Mr. Aune stated the l�quor policy would have a$500>000 aggregate whtch means th�s is the maximum amount that would 6e paid zn one year. Mr. Herrick felt it was important that whoever is in charge of the insurance to keep the City Manager and Counc�l advised. He stated a practical problem is raised here in that a claim may be ftled now, but not settled for several years. It also ra�ses the question, if the City had two large claims in one year, they may not have the coverage. He felt this point should 6e brought to the attention of the City's �nsurance advisors. CONSI�ERATION OF TRA AIRPORT STUDY GROUP PROPOSAL Mayor Nee stated this is an invitation addressed to Clyde Moravetz, the City's liaison regarding the Anoka County Atrport, to �oin the cittzens advisory task force. Mayor Nee stated it was the Council's posit�on that a staff inember was to monitor the meetings and report to the Council, but not to participate, either pro or con, in the deliberations. Ms. Lee Ann Sporre, a memher of the Environmental Quality Commission, stated the City can partic�pate }n the task force meetings as an observer. She felt the City should ma�ntain this lia�son, without being part of the offic�al task force. MOTION by Counc�lman Fttzpatrick to send an observer to monitor the meetings � and relate information to the Council, but not accept the invitat�on to ,7oin the group. Seconded by Counctlman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mously. Councilman Schneider stated he hasn't seen any �nput from the meetings. � Ms. Sporre stated they should be receiving �nput shortly as there have been funds approved by many agencies to go to the Anoka County Airport. RESOLUTION N0. 6-1980 TO A�VERTISE FOR BIDS FOR IPdDUSTRIAL TYPE TRACTDR MOTIOfJ by Councilman Barnette to adopt Resolution No. 6-198D. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carrled una m mously. RESOLUTION N0. 7-1980 TO ADVERTISE FOR BIDS FOR FIVE WOOD STORAGE BINS MOTION by Counctlman Barnette to adopt Councilwoman Moses. Upon a voice vote, motion carried unanimously. CLAIMS: Resolut�on No. 7-1980. Seconded by all voting aye, Mayor Nee declared the MOTIOPI by Councilman Fitzpatrick to authorize payments of Claims No. 358F22 through OlOH13 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously 9„ +l�v PUGLIC HEARING MEETING OF JANUARY 14, 1980 AD�OURNMENT� Page 7 MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing Meeting of the Fridley C�ty Council of �anuary 14, 1980 ad�ourned at 9.50 p.m. Respectfully submitted, ������ Carole Haddad Secy. to the City Council '�� � •� .� • •1 C�.�'��� -���._ William� Nee Mayor 1 ,i 1