HomeMy WebLinkAboutAgenda Packets - 1988/05/02CITY OF MOUNDS VIEW
CITY COUNCIL
AGENDA SESSION
MAY 2, 1988
7:00 P.M.
1. Presentation of Community Survey by Decision Resources
2. Consideration of Staff Memorandum Regarding Streetlight
Petition
3. Consideration of Staff Memorandum Regarding Variance
Request Appeal by Dynamic Designers for Property on
Woodlawn Drive
4. Consideration of Staff Memorandum Regarding Ordinance
No. 441 Amending the Municipal Code of Mounds View By
Amending Chapter 40 Entitled, "Zoning"
5. Consideration of Staff Memorandum Regarding Parking
Signs for Groi land Park
6. Consideration of Staff Memorandum Iegarding Irondale
High School Theater Floor Replacement Proposal
7. Consideration of Staff Memorandum Regarding Approval Zur
Hiring Four Temporary Full —Time Park, Water and Garage
Maintenance Workers
8. Consideration of Staff Memorandum Regarding 3 Percent
Raise Request for Kelly Lindquist, Aquatics Supervisor
9. Consideration of Staff Memorandum Regarding Hillview
Park Building Foundation Proposals
10. Consideration of Staff Memorandum Regarding Silver View
Park Plans
11. Consideration of Staff Memorandum Regarding Cable
Televising of Adult Theme Movies
12. Discussion of Appointment of, and Purpose for, an
Environmental Quality Committee
13. Consideration of Staff Memorandum Regarding City Hall
Heating and Electrical Systems
14. Consideration of Staff Memorandum Regarding 1988 League
of Minnesota Cities Conference
4
PROCEEDINGS OF THE -ITY CO L�4�-�d o y a rr
CITY OF MOUNDS VIEW _
RAMSEY COUNTY, MINNESOTA ° tj rti
,. 1,
Regular Meeting
April 25, 1988
Mounds View City Hall
2401 Hwy. 10, Mounds View, MN 55112 ,
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The Mounds View City Council was called to order by 1. Call to Order.`;.:'
Mayor Links at 7:01 PM on Monday, April
2. Pledge of
The Pledge of Allegiance was sa 9. Allegiance
MEMBERS PRESENT: Courcilmembers Blanchard, Wuori,
3. Roll Call
Quick an Mayur Linke.
It was noted Councilmember Hankner was absent.
ALSO T: City Attorney Meyers and Clerk/
Administrator Pauley and City Planner Herman.
rove the 4. Approval of
Motion/Second: Quick/Blanchard to approve Minutes:
_ Apri 1 , 1986 minutes as corrected. April 11, 1988'
4 ayes G nays Motion Carried.,
Links announced that Mounds View had recently
5. Proclamation '
Mayor
received another Tree City designation, being one of
it, and he read
44 cities in the State to receive
Resolution No. 2317, proclaiming May 5 to
proposed
be Arbor Day and the month of May as Arbor Month.
Motion/Second: Linke/Quick to adopt Resolution
the
No. , claiming May 5 as Arbcr Day and
pro
month of May as Arbor Month.
Mntinn Carried..-.
4 ayes 0 nays
Mayor Linke stated he was proclaiming the week of
in the City
May 1-7 as Teacher Appreciation Week
he read the proclamation.
of Mounds View, and
Mayor Links closed the regular meeting and opened
Public Hearing:
6. Conditional Use
the public hearing at 7:08 PM.
Permit for
Church Upon the
Rock, 7901 Red
Oak Drive
8 �J
April 25, 1988page
Mounds View City Council �y k"YG
Two
Regular Meeting ---------
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---------------------------------------
City Planner Herman reviewed the request of Church
Upon the Rock for a permit for n temporary classroom
She
structure, due to their enrollment increase.
building would be an inter-
explained the temporary
they may expand their building or
mediate step as
move to another site in the future, depending upon
has
their needs. She stated the Planning Commission
approval, and
reviewed the request and recommends
they are also working on updating the original
conditional use permit granted to the Church and
at a later date.
will be sending that to the Council
further explained the Planning Commission has
She
placed a five year limitation on the placement of
time
the temporary building, which would allow enough
to do, and if they
for the Church to decide what
at the end of the five years,
request an extension
they would be required to upgrade the parking lot at
that time.
Councilmember Blanchard noted a special use permit
whether the
is for one year only and questioned
building could be placed for five years.
Attorney Meyers clarified the issue and stated it
would be allowable for five years.
.i
Councilmember Blanchard asked if the Fire Department
had looked into the request.
City Planner Herman explained the Fire inspector has
does not feel
looked at the permanent structure and
be but he will have to check
there would a problem,
the time of the issuance of the permit.
again at
Mayor L•inke closed the public hearing and reopened
the regular meeting at 7:14 PM.
There were no residents requests and comments from
Residents
7. PeQuests and
the floor.
Comments from ,
the rioor
Clerk/Administrator Pauley read the items on the 8. Approval of
Consent Agenda
proposed cr...sent agenda.
Motion/Second: Wuori/Blanchard to approve the con-
sent agenda, as presented, and waive the reading
of the resolutions.
Motion Cad ■ed
4 ayes 0 nays MV
Mayor Linke stated he was not happy with the' ec t n;-5- LJ 9. Consideration
41gency in proposed Resolution No. 2320 which would allow of Resolution
for the renewal if the conditional use permit after No. 2320 Appri
five years, as ne felt if they wanted to continue ving Conditio;
using that space at that time, it should be made Use Permit fa
permanent. He asked that that contingency be removed Church Upon
and another one added stating that if the building is the Rock
sold or the ma'.n structure is vacated, that the
temporary structure would be removed at that time.
Motion/Second: Linke/Quick to adopt Resolution No.
2320, approving a conditional use permit for a
temporary accessory structure to be diaced in an R-1
district at 7901 Red Oak Drive, for the Church Upon
the Rock, as amended, and waive the reading.
Clerk/Administrator Pauley reviewed the recommendation 10. Consideration
of the City's insurance agent, Charles E. Clysdale, of Rslt. No.
of the Maguire Agency, Inc. for the purchase of 2321 Approving
1988 insurance coverage, from the League of Minnesota Proposals for
Cities Insurance Trust in the amount of $66,150 and 1988-89 Insu-
from the Minnesota State Fund Mutual Insurance rance Coverage
Company in the amount of $51,938.
Motion/Second: Quick/Wuori to adopt Resolution
No. 2321, authorizing 1988 insurance contracts, and
waive the reading.
this was a r
e first time
City Planner Herman reported the'City has received 11. Referral of
the resubmittal from the Harstad Companies for the Harstad Compa-
Greenfield Estates project, and per the subdivision nies Resubmitt
code, Staff recommends the Council give it to the Preliminary
Planning Commission for their review initially, and Plat and
authorize Barr Engineering to review the proposal. Authorization
- e<nt out of Plat Review
to residents vin�the area, due to the interest shown
in the project before.
Motion/Second: Linke/Blanchard to refer the Harstad
Company— e�ubmittal to the Planning Commission for
their complete review and authorize Barr Engineering,
at the developer's cost, to review the proposal and
get the information to the Planning Commission for
their review, and send notice to the residents within
350' of the area that there has been a resubmittal.
1D AprilF25, 1988
t f
h p�J
Mounds View City Council �j9 `a� p----------
Regular Meeting
--------------------------------------
----------
__ ---- 12. Authorize
- - reviewed the necessity of to
conduct-
Clerk/Administrator Pau Buildings
Sul -
repairs to portions of Silver Lake
toothe settlement Condition Sur -
County Road H2 and Woo ley had
Elliott, Vey and update
of pipes, He stated they had asked Short, roceed, Cost Estimate
Hendrickson to advise them of the best wad to SEH,
option,
proposed by and Prepare
and he reviewed the three ogo with ductile iron, plans and Specs
with the recommendation to gowith
$300,000. for Project
with a mid -range cost of approximatelyossibly go uP No. 88-1
He explained, however, the cost could p
He $500,000, depending upon the amount of work to be
to ewer fund has $88,349 available
done. He stated the s
f at an interest rate
at this time and Staff would recommend a loan from
the water fund to the sewer fund,
ear amortization schedule.
cf. 9%, with a ten or fiftbenrecommending an increase
He also stated Staff maY
to the sewer rate, which would enable a retirement of
the debt. Elliott,
piotion d* Quick" to authorize
survey at a
lendrickson to conduct a building
dnupdate the cost estimate
cost not to exceed $15,00J, specs for Project No.
and preparation of plans and sP sewer repairs.
88-1, silver Loke Road sanitary Motion Carried
4 ayes 0 nays
uestioned where the money would
e to any homes
come from for Wuori q done.
come from for repairs if there is damag
or buildings as a result of the work being
Clerk provide Pauley replied the contractor
fired to provide insurance. He also
ote
would be requ Conditions survey was being
one
that the City, if they should be found liable by
protect thhee City,
the Court. z e is.
Kay Weisman, 7807 Bona Rnad, asked how old the pipe
Pauley replied it was installlele
d
between 1962 and 1964. 13. Consideration
reviewed the history of of Resolution
Clerk/Administrator Paulepenings along Highway 10, No, 2318 Regard
the policy for entrancwasPadopted six years ago, and ing policy on
explaining the policy Entrance Open -
now, with the development of the Mounds View Business ings for Highw�
DOT has requested the City reaffirm this
Park, Mn
of the new property owners. 10 Between
the names
resolution using County Road H
Wuori/Quick to adopt Resolution for and County®
motion/Seco�n�d:
regarding the policy on entrance openings or Road H-2
Highway 10 between County Road H and County
and waive the reading. Motion Carried
4 ayes 0 nays
Mounds view City Council April 25, 1988
Regular Meeting Page Five
------------------ --------- -----------p--
Clerk/Administrator Pauley explained the purpose of 14. 2nd Reading
Ordinance No. 440 is to correct an error in the and Adoption
property description from the original ordinance. of Ordinance
No. 440
Motion/Second: Quick/Blanchard to have the second
reading and adoption of Ordinance No. 440, vacating
a portion of St. Stephen Street and drainage
easement, and waive the reading.
Councilmember Blanchard - aye
Councilmember Wuori - aye
Councilmember Quick - aye
Mayor Linke - aye
Clerk/Administrator Pauley reviewed the request of
the Finance Department to purchase a decollator and
burster.
Motion/Second: Quick/Blanchard to authorize Staff
to purc ase a burster and decollator from Computo-
service, Inc. at a cost of $4,117.48.
4 a -es 0 nays
'`Park, and Rec Director Saarion explained Staff had
\� asked approval from the Council ?t the April 11
meeting to place street sweepings at Greenfield Park,
to help level the land and make it more usable. She
reviewed the plans of the Park and Rec Department
for the park if the work is done, explaining that it
is so uneven now that it is difficult to use. She
added the concern had been over the wetlands in the
park, so Staff had contacted Tom Peterson from the
Ramsey Soil and Water Conservation District, and
after studying it, it is his opinion that this is
not a wetland, and stie reviewed his letter of April.
22.
Park and Rec Director Saarion stated that if approval
is not given this evening for the sweepings to be
placed there, the Public works uepartment will haves
to move them elsewhere.
Clerk/Administrator Pauley read the letter from
Mr. Peterson. He explained the work Staff is proposing
to do would establish a maintainable turf area, and
the filling and grading would not encroach on the area
that was previously classified as wetland. He added
Staff would recommend the Council request Mr. Peterson
to accomplish a formal review of the entire area, for
(1.1.1Counci.l consideration of an amendment to the wetland map.
Attorney Meyers advised the Council on the process
that would have to be followed to encroach on a wetland
area.
Motion Carried
15. Consideration
of Memo Regard-
ing Purchase of
Decollator and
Burster for
Finance Dept.
Motion Carried
16. Consideration
of Staff Memo
Regarding
Greenfield Park
Wetland
Evaluatior
Results
Mounds view City Council
Regular Meeting p
------------- 1988
April 25,
------ --- '� Pag------`---=--=--_: ' �d e Six
------------
Councilmember
Qui k "-----
on a vacant area in theommendeGreenfieldacinPark areasweepings
a determination is made. . until
deposi� sweepingsatohard to the eastuOfoLote26hin
the Greenfield Park area, the portion of the south-
east corner of dreenfield Park not located within
the wetland buffer zoning district.
ayes 0 nays
Motion/Second: Quick/Wuori to authorize Staff tc
contact Tom Peterson, of Ramsey soil and Water
Conservation District, and have him do a complete
evaluation of Wetltnd 1-21.
4 ayes 0 nays
Clerk/Administrator Pauley explained Staff is
requesting a study of the Ardan Avenue drainage
area be done to determine the proper siz: of the
Pipe to be placed under Long Lake Road, to handle
the Ardan Avenue drainage area,
Mayor Linke explained they are attempting to find a
good way to use the exiting wetland areas for
s
holding area, and right now there is no wetland in
that area that could be used, and it will take time
to find a functional plan.
Clerk/Administratoz ?auley stated it was hoped that
any work which rieded to be done on Long Lake Road
for the storm sewer could be done the same as it was
OnCountyRoad 7, using Municipal .ct_t`
- aaaessment to the propert o u funds,
y owners.
Pat Rickaby, 8343 Groveland P.oad, asked when the work
would be done.
i:ierk/Administrator Pauley replied the County has
scheduled the reconstruction of Long Lake Road for
beforehand,
and the City would have to do this work
beforehand,
Motion/Second- Wua_
.�liot�endrickson to /Quick to a Stauthorize Short,
water
manag-:ent plan for the Ardan Avenueorm drainage area
at a cost not to exceed $15,000, to be charged to
the Storm Water Management Fund.
ayes 0 nays
Motion Carried
Motion Carried
17. Authorize SEH
to Develop
Storm Water
Management Plan
for Ardan Avenu,
Drainage Araa
.Cj
Motion Card
Mounds View City Council
n n � n a
April 25, 1908
Regular Meeting v h
_ ' 1 R yp
Page Seven
,,Attorney Meyers had no report.
18. Report of
-
Attorney
Councilmember Blanchard had no report.
19. Reports of
Councilmembers:
Councilmember
Blanchard
Councilmember Wuori asked how high the piles of sand
Councilmember
would be getting at the Mounds View Business Pcrk.
Wuori
Tim Nelson, of Everest Development, stated they
should not bt getting any higher and should start
going down. He added they have placed "keep out"
signs, hoping to keep youth out of the construction
area.
Councilmember Quick had no report.
Councilmember
Quick
Mayor Linke reminded everyone of the penny jugs
Mayor Links
located throughout the City for the Pinewood Playground
project, and he ,also reminded everyone of Clean -Up
Day, which is scheduled for May 7.
'^ Mayor Links reported the recycling program will begin
in June, and pick-up will be the third Tuesday of each
month, for paper, cans, bottles and plastics.
Clerk/Administrator Pauley reported flyers would be 20
out soon, describing the recycling program, and he
strongly urged residents to take part in the program,
as everyone must work to reduce the amount of garbage
going to the landfills.
Clerk/Administrator Pauley reported that two weeks ago
there had been a report of the smell of oil in a local
pond, and upon investigation by Williams Pipeline Co.
and the Police and Public Works, it was discovered
that fuel oil had been dumped into the sewer line by
- ----p-_-.•.. ..••.�- op1J4G4 111 LLIZ
clean-up and he also pointed out ythe �City provides a
free dump site for used crank case oil at the Public
Works garage. Clerk/Administrator Pauley emphasized
the sanitary sewers are not for the disposal of toxic
wastes, and the danger of people abusing the use of
them.
Clerk/Administrator Pauley reported Everest Development
has requested a temporary occupancy permit for 5201
Program Avenue, and he reviewed the contingencies
recommended by the Building Inspector and the work to
be completed yat. He added that Everest Development
has agreed to all the conditions.
Report of
Clerk/
Administrator
Mounds View City Council
Regular Meeting
-, 99
s.„ F �
Motion/Second: Quick/Blanchard to grant a temporary
occupancy permit for Everest Development at 5201 Program
Avenue.
4 ayes 0 nays
Mayor Linke stated he wanted to emphasize the
seriousneso of dumping of wastes, as discussed by
Clerk/Administrator Pauley, and he asked that anyone
observing dumping by someone call the Police.
Kay Weisman stated she agreed with the comments made
regarding the disposal of hazard wastes and pollution
and she stated it would be helpful to have a list
available of what should not be dumped. She
mentioned a specific concern with anti -freeze being
dumped into the sewer system.
Mayor Linke explained they had checked on anti -freeze
before, and it is not on the hazardous waste material
list.
Clerk/Administrator Pauley reviewed some of the items
that are on the list and he stated there would be an
article going in the next newsletter about it.
Dave Radamacher, 7421 Part: View, stated he agreed that
it was a very important issue and people should be
reminded frequently. He also ,..estioned whether water
from swimming pools could be put directly into the
system.
Clerk/Administrator Pauley replied that that is
considered acceptable.
Mayor Linke adjourned the meeting at 8:10 PM.
Respectfully submitted,
Donald F. Paulcy
Clerk/Administratur
April 22, 1;88
Page Eight
Motion Carried
20. Adiournment
71
DATE APPROVED: '4%25%88
�1 PROCEEDINGS OF THE CITY COUNCIL..,...
CITY OF MOUNDS VIEW /
a RAMSEY COUNTY, MINNESOTA� Y' L
f
I 3
. v L
Regular Meeting :
April 11, 1988
Mounds View City Hall
2401 Hwy. 10, Mounds View, MN 551121.1,
--------------------------------------------------------------------------
='_...
J
The Moc:rds View City Council was called to order by
1. Call to
Mayor Linke at 7:00 PM on Monday, April 11, 1988.
Order
The Pledge of Allegiance was said.
2. Pledge of
_
Allegiance-
MEMBERS PRESENT: Councilmembers Blanchard, Hankner,
3. Roll Call
Wuori, Quick and Mayor linke.
ALSO °RESENT: City Attorney Meyers, Clerk/Administrator
Pauley and City Planner Herman.
Motion/Second: Hankner/Wuori to approve the March 28,
4. Approval of:,.
1988 minutes as presented.
"inutes:
March 28,
j ayes 0 nays
1988
Motion Carrie
Councilmember Blanchard explained that in January, Mayor
5. Residents
Linke had put together a committee to work on the City's
Requests an&i
30th anniversary, and the children of the community
Co^mente fires
were asked to design a button to commemorate this
the Board
occasion, and the winner selected was Kelly Jacubs, who
is a 4th qrade student at Pinewood Elementary.
Councilmember Blanchard presented Miss Jacobs with a
savings bond, and thanked her for the design she had
made.
Councilmember Blanchard e:-.plained they are considering
having a City dance in early July at the Bel Rae Ballroom,
and all button wearers will get in free. She addel the
buttons cost $1 each and are availabl- through the
Council, and will be available through City businesses
soon.
Savri Ayaz, 7751 Bona Road, asked the status of the
environmental review board-
1
Mounds View City Council
Regular r --g- ar Meeting April 11,.1988•
-------------
Page Two
-------------
Councilmemb -----
''-'--'
ined
taff
informationereHankner garding whataotherSCitiesshavehdone gand
the authority they have given to their boards. She
stated she has not had time to draft anything for
Mounds View yetbut hopes to work on it by next week,
and she would like help from the residents to put this
together. She also added that the hoard would have to
be created by ordinance, which will take some time, but
she would hope to have it in place by the end of May.
Councilme.nber Hankner requested certain items be moved
up on the agenda, as she had to leave the meeting by
8:30 PM to return to work.
Councilmember Hankner reported there were differences
in opinion of the residents on where they would like
a streetlight placed, and she would like further time
to work on this to come to an agreement that would
satisfy everyone.
Motion Second: Hankner/Quick to table this item.
5 ayes 0 nays
Attorney Meyers updated the Council on the Amoco oil
lawsuit, explaining that the Court has issued an order
and has ruled in fav
conditor of the request of Amoco for a
ional use permit for construction of a filling
station on Highway 10 at Silver Lake Road. He stated
the Planning Commission had recommended approval of
the conditional use permit, but the Council had
reviewed it and denied it.
Attorney Meyers advised that the Court has ordered
the City to issue a conditional
to the ordinance, and therefore a resolutionyhas����
been prepared for approval, which would include the
development aoreemPnr ..,,.;
conditional use permit. He furtheaccompany the
of the considerations Amoco has a explained that one
to
dismiss the civil rights action againsttthesCit
could possibly have been very costly to the City, which
Attorney Meyers stated he had reviewed the case to see
whether an appeal would be adviseable, and he could not
recommend it in this instance, and it would be very
difficult, if not impossible, to overturn the Court's
finding, as it was a legal decision based on the law.
He pointed out the zoni
granting the conditionng was proper, and the issue was
al use permit.
6. Consideratio,
Of Petition
for Street-
lights on Woe
lawn Drive
Motion Carrie
April 11, 1988
Mounds View City Council --
Page Three----
Regular Meeting -----
---------
uick to approve Resolution
Motion Second: Hankner/Q n the signing of
( 0 16, en tha amended, contingent are dropping
the agreement with Amoco stating that they
the damages in the damage suit. Motion Carrie,
5 ayes 0 nay
Councilmember Hankner stated she feels
Amoco
roicoohas aView,
lack of respect for the quality of
lifand she felt an Environmental Review Board would
have
been helpful to the Council with this proposal.
She
added she will not welcome Amoco into the City of
Mounds View.
Motion/Se_ ond: Quick/Hankner to remove this item from
the table.
5 ayes 0 nays
'ity Planner Herman updated the Council on what has
,ccurred since the last meeting, explaining the issue
is whether to acquire 8100 Groveland Road, and not to
discuss the Rnollwoiad a
Vation has been filedbythe property
building permit appnod
owner at 8100 Groveland and an extension requested,
if this lot is developed, it would lake it very
to extend Rnollwood. She also reviewed her memo of
April 6 to the Council and reviewed the "aa finfheaSilver
options which Staff would rernmmen_;
tO Lake Woods project fund, or an interfund loan from the
Water fund.
on�n n.•nvwlPnd Road, stated he feels the road
nuy
would go too close to his house, as it is only
from the property line right now.
Councilmember Hankner explained that at this
scoimemthere
road in, but they g
are no plans to put a
the possibility of development in the future, but there
is no specific design at this time.
It was noted there was no one present to represent the
property owner of 8100 Groveland Road.
clerk/Administrator Pauley explained the property owner
as in Florida the ltime ast
doeshknowawhoathe legalocounsel
h was
about 30 days ago, and
is.
7. Remove from
Table and
of Staff Memc
Regarding
Acquisition
of 8100
Groveland Rae
Motion Carrie
Mounds View City Council
Regular Meeting -
April 11, 3988
Page Four
Attorney Meyers explained the a buildiag permit extension problem is he has requested
the Cithas to
some type of action, and if�thed building permit iskto )
be removed, they must do something.
Councilmember Hankner stated it is difficult to make a
intelligent decision at this time, without the owner
Of present for the Council to talk to, as there are a lot
questions to be
certaanswered. She stated they are not
cein what his plans are for subdividing the lot, and
they would be creating a land -locked piece of property,
and she is concerned Wj h taking visionary versus
reactionary action. She also pointed out the City
would lose control of the quality of the development of
a road and the area if this lot is developed now.
COuncilmember Blanchard reminded the Council the property
does not have to be land -locked, as there are other
alternatives to putting a road through.
Councilmember Hankner stated she felt if the property
owner really wanted the building permit, he should
have been present for the meeting.
Councilmember Quick stated he agreed, and there are any
number of ways the property could be subdivided and
deve:oped, and if the City does not take action now,
they are going to lose control of guiding the develop-
ment of the area.
Councilmember Hankner stated some of the property owners
would like to subdivide and sell off .in the future, and
others are opposed, and she would only a
100 percent wanted it. pprove it if
Attorney Meyers stated that since a building permit was
issued, a public hearing should be held to determine
whether the building permit should he then not; f.• 4h` �.lIluea, and
before the CouncL-Vyerty ownerer so that he can appear
their questions.
Clerk/Administrator Pauley noted a hearing had to consider the acquisition �f the property, been held
City Planner Herman clarified that the property owner
has requested an extension of the building permit
itself, as the building permit was already issued,
Attorney Meyers advised that a public hearing would
allow the property owner an opportunity to state why
he feels the extension should be granted.
City Planner Herman stated Staff already sent a letter
to the property owner, on December 21, 1987, stating `
that an extension had been denied, percipitated his attornewhich is what
y contacting the City,
^ouncilmember Blanchard stated they are still losing site
f the fact chat they are considering using tax money
to purc:ase the property, and it could be held for years
before anything was done. or any return made to the City.
Councilmember Hankner stated she objects to the use of
the general fund and water fund, but she feels the use
of the Silver Lake Woods project fund would work, and
the decision is really whether the City should be
involved.
Councilmember Blanchard stated she has a real problem
with tying up tax money for this, as it is not known
whether it will be for 2 years or 20.
Mayor Liner stated the question gets down to whether
the City should or should not plan for the future.
Attorney Meyers stated a building permit had been
issued, an extension was denied, the City has been asked
by the property owner's attorney on what grounds it was
denied as it is a buildable lot, and if the property
owner is being denied the right to build, the City
could incur damages. He added a hearing would give the
Council an opportunity to talk to him, or his attorney,
and if he refuses to come in, then he will forego some
fights.
Councilmember Wuori pointed out the denial of the
conditional use permit for Amoco was due in large part
to the concern with heavy traffic, and this discussion
revolves helping to control traffic in that area. She
stated the City should use foresite and plan ahead.
Clerk/Administrator. Pauley explained haw the City
acquired MSA funds from the Silver Lake Woods project.
Councilmember Hankner recommended the Council fellow
the recommendation of Attorney Meyers, and schedule a
's .-.,. .......7n 4-;ma fnr 4-hp
hearing for May 7, N'il-"..
a w .+. y+. --r--
property owner and others to be notified.
Motion/Second: HanKner!Vuicic cU aei. a Y::�++� ••-•-----�
obi Tb3 PM on Monday, May 9, 1988, to consider the
extension of the building permit for 8100 Groveland
Road, and a letter be sent to the property owner and
all other interested parties in the area, informing
them of this public hearing.
5 ayes 0 nays
^ouncilmember Hankner left the meeting at 7:55 PM.
1
Mounds View City Council,.
Regular Meeting April 11, j9B8 ,
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-------------------------- Page Six
---------------------------- Mayor Linke closed the regular meeting and opened the
first public hearing at 7:55 PM. 8, Public Heir !n
City Planner Herman reviewed proposed Ordinance No, Ordinance ,d,
440, explaining that the County Recorders office did 940
not agree with the legal description listed in the
original ordinance, which necessitated this change.
Mayor Linke closed the public hearing and reopened the I
regular meeting at 7:56 PM.
Mot
realon9 OfoOrdinancecthe tNo.
No. 440, amendingeOrdinance
433, vacatinga
9• 1st Reading
drainage easment�randnwaivetLetreadingtreet and
of Ordinance
No. 940
4 ayes 0 nays
Motion Carrie,
Mayor Linke closed the regular meeting and opened the
second public hearing
at 7.57 PM,
10. Request of
City Planner Herman reviewed the request of the Robinson's
to move their home request
Michael and
Patricia
onto the lot at Pleasant View
Drive. She explained there is
Robinson to
current.
lot, and the Robinson's have been informed theygcannothe
have two
Relocate Home
Ho
from 2121 old
garages at one time resolution stipulates
it must be removed within P
Highway
six monthse
8360 Pleasant
Mayor Linke stated he was concerned that the changes
proposed for the facade
View Drive
easement. will bring them too close to the
tCity Planner Herman explained they will not be allowed
o enrroarh ,,,, tt— ,, .,
'-
setback req:'J "e7ue", and they are aware of the
irement"s.
Mayor Linke closed the public hearing and reopened the
regular meeting at 8:01
PM.
Motion/Second: Blanchard/Quick to approve Resolution
N7�aPProving the house relocation for Michael and 11' Consideration
icia for 2121
Drive,MoundsView, and waive New Of Resolution
reading. No. 2311
4 ayes 0 nays
Motion Carried
Mounds View City Council April 11, 1988
Regular Meeting Page Seven
-----------------------------------------------------
Motion/Second: Quick/Wuori to approve the consent 12. Approval of
Benda, as presented, and waiv, `he reading of the Consent
resolutions.
Agenda
4 ayes 0 nays Motion Carried
Clerk/Administrator Pauley read proposed Resolution 13. Accept Resiq No. 23n8.
nation of
Motion Second: Quick/Blanchard to approve Resolution John Daniels,
Jr. from Park
No. 230 , accepting the resignation of John Daniels
Jr. from the Park and Rec Commission, and commending and Ado tomm.
him for dedicated service to the Mounds View Parks and Resolution
Rec Commission, and waive the reading. No. 2308
4 ayes 0 nays Motion Carries
City Planner Herman reviewed her memo of April 7 to the 14. Consideration
Council regarding the Everest Development site plan of Resolution
change for Building E, and the two concerns raised at No. 2311
the Planning Commission meeting, to insure that the
replatting of the property does take place, and concern
over the creation of the berm along County Road H-2.
She added the Planning Commission is very pleased with
':e project, and Staff is very comfortable with it also.
Tim Nelson, of the Everest Development Company, updated
the Council on th(m progress of the development, stating
they plan to install the berm within the next several
weeks. He also noted they have not heard of any neighbor-
hood complaints of blowing sand, and the contractor is
keeping the area as watered down as possible. He also
presented sketches of the development, showing where the
changes were occurring.
Mayor Links stated he was very pleased with the progress
of the development and the quality of it.
lotion/second: Blanchard/Quicx to
number in the motion under Item 11,etorchange ect eitefrom
tion
No. 2311 to 2313.
4 ayes 0 nays
Motion Carrier
Motion/Second: Quick/Wuori to approve Resolution No.
, - approving the amend-nent to Development Agreement
No. 87-81 with Mounds View Business Park„ and waive
the reading.
ayes 0 nays
I Motion Carrie
Mi,ands View City Council
April,11, 1988
Regular Meeting
---------------------------------------------------------------------------
Page Eight
Park and Rec Director Saarion asked for Council approval
15. Considera 'or
of the dumping of the 1988 City street Sweepings at
of Staff &
Greenfield Park for use as fill to assist in the level
quest to Fill
of the land to accomodate a picnic area and assist in
Greenfield
easier mowing procedures. She explained this area of
Park Near
the park is very uneven and presented an overhead of
the
io
Intersection
n
area, showing where they would like to place the
of Hillview
fill. She further explained a section of the park is
Road and
designated as wetland, which would require Council
Quincy Street
approval for the fill, even though they feel the fill
would not affect the wetland in any way.
Councilmember. Quick questioned whether this area of the
park was even a wetland, with the fillings that have
been done in the past.
Mr. Ayaz asked that this request be set aside for the
proposed Environmental ;.eview Board to look at.
Mayor Linka explained that because the Board must be
set up by ordinance, it will take a long time to get it
going, and the sweepings are being kept at the public
works garage now, and cannot stay there.
Clerk/Administrator Pauley explained the area in
question in the park has been maintained by the City
and mowed prior to the wetland ordinance.
Councilmember Blanchard stated with the fill, the rain l
would filter through and not sit on the ground.
City Planner Herman reported she had walked the area
with Park and Rec Director Saarion and that it is very
rocky and it needs fill in order to be mowed and
maintained.
Councilmember Wuori pointed out the area that needs fi:l
is close to the buffer area and it is extremely uneven,
and leveling it off would make it an easier area to walk
and play in.
An unidentified resident stated that in fairness to the
public who is interested in wetland preservation, the
Council owes it to them to have an opportunity to review
this and given their input.
:here was discussion on whether this area was truly a
wetland, with it being noted that water does not sit at
all on the property.
Councilmember Quick recommended directing the City
Engineer to study it and report back on the actual levels
of the ground.
Mounds Viet, City Council April 13, 1988
Regular Meeting Page Nine
------------------------------------------------------------------------
'lerk/Administrator Pauley stated the material is being
.toyed at the public works garage, which is the site
of clean-up day, and if it is not taken to Greenfield
Park soon, it will have to to taken out of the City before
rlean-ap day. lie also noted there are a limited number of
places that it can be taken, and it would be at the
expense of the City.
Motion/Second: Quick/Blanchard to direct Staff to
investigate the corner of Hillview and Quincy, with the
elevation of 896, to determine the wetland and report
back to the Council as soon as possible.
4 ayes 0 nays Motion Carrie,
Clerk/Administrator Pauley stated they could call Mr.
Peterson from Ramsey County Soil and Water, to do a
field evaluation, and they will try to have the informa-
tion back by the Lpril 25 Council meeting.
Clerk/Administrator Pauley explained the purpose of
16. 2nd Reading
Ordinance No. 438.
and Adoption.
of Ordinance'
Mayor Linke stated Councilmember Hankner had expressed
No. 438
her whole -hearted support of this ordinance before she
ad left.
Motion/Second: Blanchard/Wuori to have the second read-
ing and adoption of Ordinance No. 438, amending the
Municipal Code of Moudns View by amending Chapter 90
entitled "Nuisances", and.waive i.he reading.
Councilmember Blahcard - aye
Councilember Wuori - aye
CJ a^++ mi er flnink — ave
Mayor Linke - aye
:•vatic: Ca'""
Bill ''rits, 8072 Long Lake Road, questioned the regula-
tions on working on Sundays.
Clerk/Administrator Pauley reviewed that section of the
Ordinance, and stated it basically excludes single
family.
Attorney Meyers had no further report. 17. Report of
Attornev
Councilmember Blanchard reminded everyone that buttons 18. Reports of
-re for sale for the 30th anniversary, and they hope to Councilmembei
.ave them to the businesses soon. Councilmembex
Blanchard
Mounds View City Council
Regular Meeting
Councilmember Wuork had no report.
Councilmember Quick had no report.
Mayor Links updated everyone on the progress of the
Pinewood playground and their fund raising, stating
they are at approximately 90 percent of their goal,
with $10-15,000 to go.
Mayor Linke reported everyone had a good time at the
City appreciation dinner on April 9, and the Council
presented the Pinewood playground people with the out-
standi:.g serv9.ce award.
April 11, 1988 .
Page Ten
Councilmg(
Wuori ll J
Councilmembe
Quick
Mayor Linke
Clerk/Administrator Pauley reviewed proposed Resolution 19. Report of
No. 2315, supporting the library site for the Mounds View Clerk/
branch library. Administrator
Motion Second: Linke/Quick to approve Resolution No.
315, supporting theRamsey County library board site
selection for the Mounds View branch library, and waive
the reading.
4 ayes 0 nays
Mr. Frits stated he objected to this and asked what the
reason was for taking a viable piece of property off the
tax rolls and replacing it with a non -tax paying entity.
He stated there has been a business on that site for
several years, and with Mounds View having the 'second
highest tax increase in all of Ramsey County this year,
with a 20-25 percent invLc&SE, it dccc nct mwka sense
for the Council to take a business out which supports
three families.
Mayor Linke explained there were two sites being looked
at in the City and the rational for choosing this site.
He explained the current owner has stated to the Council
and the Library Board that he is willing to sell, and he
is not being forced into it. He added that this location
will work better for everyone involved, and they have an
opportunity here to enhance the public good and provide
a library for the residents. He added one consideration
outweighs another in making such a decision.
Mr. Frits stated that due to the heavy traffic and the
site chosen, he feels very few children will be able to
walk to the library and be able to use it.
Motion C� le
Councilmember Blanchard stated that since the Council l
had just received the resolution and had not had an
opportunity to review it, she would like to table it
and give people time to get their questions answered.
Mounds View City Council
regular Meeting
------------------------
'otion: Blanchard to table this resolution for two
asks.
The motion died for lack of a second.
Clerk/Administrator Pauley reminded the Council he would
be absent on April 12 and 13, as he could be attending
a stra ;gic planning conference.
Mayor Linke adjourned the meeting at 8:49 PM.
Respectfully submitted,
Don 1 Pau ey
Cler dministra
April 11, 1988
Page Eleven
--------------
Motion Failed
20. Adjournment _`
e
MEMO Mayor and City Council
FROM: City planner
DATE: April 28, 1988
SUBJECT: COMMUNITY SURVEY
and Community Survey will be
ious to the Monday night meeting.
rev
A copy of the Executive Summary
delivered to councilmembers p
vi
Thank you.
KU/bac
a --
MEMO TO: MAYOR AND CITY COUNen
FROM: CLERK -ADMINISTRATOR/
DATE: APRIL 27, 1988 (//J
SUBJECT: STREETLIGHT PETITION
Attached please find a copy of a petition received by the
City of Mounds View for the placement of a streetlight in
front of 7390 Silver Lake Road.
Staff has reviewed the petition in light of the City's
policies with respect to the placement of streetlights and
finds it to be in full compliance with the requirements.
Attached is a map identifying the location of the proposed
light in front of 7390 Silver Lake Road and the location of
two existing streetlights on the southwest corners of County
Road I and Silver Lake Road and County Road H-2 and Silver
Lake Road.
You will note on the petition that signatures for the
addresses of 7386, 7378 and 7374 Park View Drive are
absent. The reason why is that these are either empty lots
or the houses under construction have yet to be occupied. -
RECOMMENDATION:
Staff recommends Council approval and authorization of the
placement of a streetlight in front of 7390 Silver Lake Road
on an existing telephone pole.
DFP/mjs
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MEMO TO: Mayor and City Council
FROM: City Planner
DATE: April 28, 1988
SUBJECT: DYNAMIC DESIGNERS VARIANCE REQUEST APPEAL
I have met with the City Attorney and Clerk -Administrator to
discuss the appeal by Dynamic Designers. The following is an
attempt to list out issues related to this development proposal.
Much of this information vas given by Barr Engineering at the
wetland workshop and in their March 16, 1988, memo.
Chapter 48.05, Subd. 5, applies to "lands proposed tc be
subdivided and lying within a wetland zoning district".
A. Minimum Lve Size - 20,000 Square Feet
This development as proposed would require a minor
subdivision. The size of the entire lot is approximately
28,000 square feet, therefore, two 20,000 square foot lots
could not be obtained from the parcel. The lot without
subdividing would meet this requirement.
B. Minimum Lot Width - III Feet as Measured at the
Build ne Setback Width
With the subdivision proposed the lots would have widths
below the 125 feet minimum. The widths would be
approximately 108 feet and 88 feet. If this lot was not
subdivided it would conform to this requ' ement.
C. All Structures Shall be Setback at Least 100 Feet from
This proposal requires filling of the wetland and the
placement of principle and accessory structures within the
100 foot buffer.
AB 06, subdivision 3, Permit Standarus.
- 2 -
Barr Engineering, using a square footage formula, has
calculated that Dynamic Designers property represents 29
percent of the wetland.
48.06.,.Subdivision 3, A(2).
The proposed filling for the development would reduce the
excess phosphorus stripping capacity of the wetland by 38
percent. This exceeds the project's apportionment.
48.06, Subdivision 3, D.
n
Storm Water Runoff. A minimum increase in volume of storm
water runott to a wetland from a development over the
natural volume of runoff may be allowed when necessary for �.
use of rc ert but onl when it will not have a substan-
tially or signif cantly, as determined by the Council,
adverse effect upon the ecological and hy-rologgical
characteristics of the wetlands; however, in no case shall
the restrictions on runoff set out below be exceeded.
Since the total increase in runoff which can be permitted
is limited, the Council when considering permit applica-
tions shall consider the equal apportionment of runoff
increase opportunity to wetland property within the same
wetland zoning district.
Barr Engineering estimates an increase in runoff volumes
of at least 30 percent. The equal apportionment figure is
29 percent for the Dynamic Designers proposal.
48.06, Subdivision 3(D)2.
The or000sed action shall not cause storm water runoff
ru
Barr Engineering estimates the peak runoff from the
developed site will doubl^ the rate of runoff from the
undeveloped site.
(8 )
- 3 -
Chapter 49.03, Subd. 3 Standards for F 2 D Conditional
uses
Filling of the wetlands for this proposal will increase
the flood height by .15 feet. This is assuming no changes
to the culvert at the pond outlet.
The development proposal conforms to other City Code requirements
(Chapter 40) for feoit and side setbacks, parking, lot area per
dwelling unit and useable open space.
;I
KH/bacI
ORDINANCE NO. 441
`•'IEW
r_ITY OF MOU
COUNTY OF n ASEY
_
STATE OF MINNESOTA
AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING
;.
CHAPTER 40 ENTITLED, "ZONING"
;<='
The Council of the City of Mounds View does hereby
=
ordain:
SECTION I. 40.17, Subdivision D, shall be amended by
adding the following:
(4) Veterinary and Animal Clinics provided that:
a. Noise and odor are effectively confined to
r
the premises in accordance with Ordiance No.
90, Public Nuisance.
b. The boarding of animals is not provided for
beyond hospitalization for surgery, illness,
or injury.
SECTION II. 40.02, Subdivision B, shall be amended by
adding the following:
-
110.0, Veterina,rr or Animal Clinic. A structure
?n
intended for Frovi ing .ie ca
exam nations and treatment to
animals and;
animals. Services would be limited to small
would not incluee boarding of animals.
SECTION III. This ordinance shall take effect thirty
(30) days after the date of its publication.
Read by the Council of the City of Mounds View on this
— --
AAv of 1988.
Passed by the Council of the City of Mounds View this
day of , 1988.
ATTEST:
Mayor
(SEAL)
Clerk -Administrator
MEMO TO: MAYOR AND COUNCILMEMBERS
FROM: MARY SAARION, DIRECTOR
PARKS, RECREATION AND FORESTRY
DATE: APRIL 27, 1988
SUBJECT: PARKING SIGNS FOR GROVELAND PARK
Staff requests the Council to consider the approval for the
placement of "One Hour Parking" signs along Arden Avenue in front of
Groveland Park. The reason for this request is because a resident's
two cars are .:,ntinu. parked on the park street side, often
times with tires on park grass. They park in front of the
volleyball courts and building area. The cars have been tagged and
the resident has been asked to park on the other side of the
street, in front of his house. The parked cars pose a problem in
the summer time especially when children are dropped off for
Butterflies or Play Centers. These cars take up space for this
drop-off purpose. It is also unsightly to the park. The owner has
the option of parking on his side of the street in front of his
house.
Department heads discussed the problem and this recommendation was
unanimously agreed upon.
RECOMMENDATION: To consider the approval for the installation of
"One Hour Parking Only" signs along the north side of Arden Avenue
in front of Groveland Park (between Fairchild and Groveland Road).
klF
i
MEMO TO: MAYOR AND COUNCILMEMBERS
FROM: MARY SAARION, DIRECTOR
PARKS, RECREATION AND FORESTRY
DATE: APRIL 27, 1988
SUBJECT: IRONDALE HIGH SCHOOL THEATER FLOOR
REPLACEMENT PROPOSAL
Two bids were received for damage done to the Irondale High School
theater stage floor. The bids are attached to this memo. The bids
were for the entire replacement of the floor and for the amount to
replace the three circle sections which were damaged by set castors
during the Mounds View Community Theater production of "MAME". The
three castors were heavy and left indentations on the floor.
oho
These indentations are not easily visible and a person must either
look at the floor from a distance on the horizon or feel the floor
to detect the damage. In addition, there were two rips in the floor
caused by the castors. These rips occurred because the floor has
x give and when tho heavy castors rolled, the flooring buckled and
ripped. The largest of these two rips is fifteen inches long.
The theater floor is the same floor installed when the school was
built in 1970. This floor is 18 years old. It is constructed with
a base of particle board. On top of the particle board lies about
3/4" - 1" of burlap. On top of the burlap is a linoleum called
"battleship" linoleum because it is the same flooring often placed
in ships. The floor gives as one can detect by simply walking on
ic. 1. nany mars, cuts, paint blotches and furniture marks
-- ..�frheA
because of past use. Several places i.av� -- as one can..
see by the square cuts. In simple terms, the floor is in terrible
shape and needs replacement.
Evidently, the school staff does not believe that budget monies will
be allocated for replacement of the floor in the near future. The
Mounds View Community Theater has been asked to cover the cost of
repairing the damaged areas. However, because the whole floor is in
such bad condition, staff suggested that the $950 damage fee (as
determined by Jerry's Floor Store for replacement) be used to
start a savings fund for the total floor replacement. Nick Temali
ran this idea by David Groth and he liked the idea.
RECOMMENDATION: To consider the approval to begin a savings
account with $950 with signatures required by Irondale High School
and the City of Mounds View to be used to accummulate funds for the
purpose of replacing Irondale High School theater stage floor.
JERRM°S
FLOOR STORE
1550 N.E. HWY 10 • SPRING LAKE PARK, MINN. 55432 • (612) 788.7570
1245 GENEVA AVE. NO. • ST. PAUL, MINN. 55119 • (612) 735.2888
2803 W. HWY 13 • BURNSVILLE, MINN. 5=7 • (512) 890m7
4729 HWY 101 • MINNETONKA, MINN.55345 • (612) 933.1885
February 18,1988
Moundsview City Offices
2401 Hwy !0
MOundsview , M. 55432
Attn: Mary ( Parks 6 Rec. )
Re: Stage at Irondale Senior High School
Dear Mary ,
We propose to furnish and install Linoleum in the area We dicussed for the sum
of $ 7,?44.00 ( your part would be b 956.00 of that agount ) .
Note: This bid includes minor floor preparation , any additional floor prepara-
tion will be charged out at $ 36.00 per hour .
Please call if you have any questions 786-7570 .
I9i:kb
CONTMICHAEL HOG
AN
�Ni<IACi IAµAOEq 1550 NE 1µ 0•SN
I
'7GENEVA
AVE
iNOUN
2603 W. H!S4729kfswu M"10. (, 2) 735m" 70
NhV0NK1MwN 5A,57. ro1� 7
November 3. 1987
Nick Temall
Edgewood Community Center
5100 North Edgewood Drive
Mounds View, Minnesota 55112
RE: Irondale Senior High School
Dear Sir:
We procose to patch and repair a 15xIS area In additional to six smaller areas on
the auditorium stage f!oor for the total net sum of ONE THOUSAND TWO HUNDRED f
DOLLARIS ($1,200.00). This includes the removal of the existing linoleum. There
will be an additional charge if any subfloor repair is required.
We Further propose to furnish and install Tarkett "Plroutte" commercial vinyl r
flooring on the entire stage floor for the total net sum of TEN THOUSAND ONE
HUNDRED SEVENTY EIGHT DOLLARS (910,178.00).
To furni
sh and instal) Tarkett Acoustical on tie storage floor the total cost Is
TEV THOUSAND EIGHT HUNDRED THIRTY TWO DOLLARS (t10,832.00). Y
e:tn prices include the removal of the existing flooring. They do not however
plywoodA new
and most likelyl be needed
fsome structuralrrepairmwill be neededu derneathrepair ) inclune anyreair orthe subfloor.
rho Tarkett flooring. - -..--
I've enclosed brochures concdifiitig ;..c.^. ----
If any additional information or samples are required I will be happy to furnish
tnem upon request. Thank you.
Var, trul yo ems,
i f lr* w �c� Accepted: Date
`I BY:
Mark Schmidt
St. Paal Llnoisum 6 Carpet
Enclr.ures:
MS/DO
1-1
Contractors of carpet, resilient sheet vinyl & acoustical ceilings.
MEMO TO: MAYOR AND CITY COUNCIL
FROM: MARY SAARION, DIRECTOR
` PARKS, RECREATION AND FORESTRY
DATE• APRIL 25, 1988
SUBJECT: APPROVAL FOR HIRING FOUR TEMPORARY FULL-TIME
PARK, WATER AND GARAGE MAINTENANCE WORKERS
As in previous years, the parks and water and garage
maintenance budgets have included wages for the hiring of
temporary full-time employees for the busy time of May
through August. Dan Otterson and Tim Hetland have applied
for the park positions. They have worked in this capacity
for the past several years. Both have done a find job and
because of their past experience, can begin the job with
little orientation. Andrew Gray has applied for the streets
and water position. He too has worked summers in the past
and has done a goo' job, Brenda Zweig has also applied for SF
the garage maintenance puzirion. Public Works Foreman Mike
Ulrich has interviewed all four persons and feels
comfortable in recommending each for a temporary full-time
position. It is the consensus of the Public Works
Department and Parks, Receation and Forestry Department that
it would be advantageous for the City to hire all four
persons for the summer parks and garage maintenance/water
temporary full-time position.
RECOMMENDATION
To approve the hiring of Dan Otterson at $6.00 per hour and
Tim Hetland at $5.75 per hour for the full-time, temporary
positions budgeted in Parks, 100-4360-020-000 and Andrew
Gray and Brenda Zweig at $5.75/hour budgeted in Water and
Mair`enance Fund, 700-4120-020-000 and 100-4260-020-000
respectively.
MS/mjs
MEMO TO: MAYOR AND COUNUILMD"�"—
FROM: MARY SAARION, DIRECTOR
PARKS, RECREATION AND FORESTRY
• DATE: APRIL 27, 1988 I
RAISE REQUEST FOR KELLY LINDQUIST,
SUBJECT: 3 PERCENT I
AQUATICS SUPERVISOR i
Kelly Lindquist, Aquatics Supervisor, has been employed for .
City
Kellyj
of Mounds View one year with his anniversary date on City
with a job
has completed his first year of employment with the City
performance which justifies a salar increase�,cIewish tonrequestaac3 with
the 3 percent employee salary g in a $300 salary increase
percent increase for Kelly also resultin,
reflected in wages retroactive until April 1, 1988.
The monies for this salary increase would come from the Recreation
Fund, a50-4354-020-260, in Aquatics for part-time employees in
Fund, 50-4354-tration. This swimming fund has a yearly profit If
approximately $4,000 and this profit is also anticipated in 1988.
approval of a 3 percent increase
REC:Mconsider tion Activity Fund
To Lindquistthe
Paid the Recrea
in salary for Kelly
swimming program, 250-4354-020-260, retroactive to April 1, 1968.
MS/SL
MEMO TO: MAYOR AND COUNCILMEMBERS
FROM: MARY SAARION, DIRECTOR
PARKS, RECREATION AND FORESTRYf�
DATE: APRIL 27, 1988
SUBJECT: HILLVIEW PARK BUILDING FOUNDATION PROPOSALS
I have requested three proposals for placing a brick foundation on the
Hillview Park building. The proposals will include entrances and
the options of stairs and ramps.
I will review these proposals with Cot-ncil on Monday. All
interested persons agreed to have the proposals to me for Monday's
meeting. I will have copies of the proposals at the meeting for
review and discussion.
MS/SL
kl. l
MENO TO: MAYOR AND COUNCILMEMBERS
r FROM: MARY SAARION, DIRECTOR
PARKS, RECREATION AND FORESTRY I"
3
DATE: APRIL 27, 1988
SUBJECT: SILVER VIEW PARK PLANS
I met with Mr. Boxrud on Monday, April 25 at Silver View lark. The
first issue was the grade and specifications for installation of the
parking lot.
The second issue was the southeast section plan for the pathway.;
Both of t.iese plans should be ready for review at Monday's meeting.
At that time, I will be open for discussion.
MS/SL
MEMO TO: MAYOR AND CITY COU
�.r FROM: CLERK -ADMINISTRATOR
DATE: APRIL 15, 1988
SUBJECT: CABLE TELEVISING OF ADULT THEME MOVIES
Attached please find numerous documents relating to the
referenced subject matter. As you may recall, the Council
has in the past been informed of the actions being taken by
the North Suburban Cable Commission regarding the cable -
casting of adult theme movies by Cable TV North Central
which included a request of a legal opinion from their
Council on the ability of the Commission to enforce the
provisions of the Cable TV franchise.
Attached to this memorandum and listed below with
explanations are the following items:
1. Memorandum from Cable Commission Administrator
Bootsie Anderson indicating that the Commission in
their April meeting received the attorney's legal
opinion and took action with respect to expressing
the Commission's objections of the programming of
adult themed movies. The minutes of the
Commission's April meeting have not been approved
and, therefore, are not available at this time.
2. A memorandum from the Cable Commission's legal
counsel outlining his opinion with respect to the
programming of adult themed movies by North Central
Cable Company. I would encourage you to read the
attorney's opinion; I would simply summarize it by
saying that he has found that the Commission does
not have the authority to enforce the provisions of
thV fr_-nc!:i=e hagad upon case law and federal regu-
lation of Cable TV. The attorney provided the
Commission with six different options that would be
available to them and member municipalities for
dealing with this matter and recommended that the
Commission and member municipalities not undertake
any action that could cause for legal action against
the cities as he felt we would not be able to
prevail in a case of this kind. The Cable
Commission passed a resolution described in the
attorney's Option No. 3 expressing the Commission's
objection to the programming on Channel 34 and
requesting the company remove the adult programming
from Cable Channel 34.
3. A copy of an article from Multi -Channel News dated
April 4, 1988 regarding a request of a large group
of media organizations of the FCC to clarify their
indecency rule.
Mayor and City Council
Page Two
15
April r1988
Neighborhood North
Paul Poneer Press/Dispatch dated
q. A copy of an article from. the Cable
Porn".
Section of the St • issue of "
April 13, 1988 regarding the would suggest
staff position
Based up Council's desire to take a p
on the information enclose ' action and leave it
that if it is the City
ou either take decide whether or not
on this matter that Y subscribers to homes in the first
up to the individuaCable TV in their to that of the Cable
they want to allowrCablution similar ro ramming of adult
place, or adopt a objections to the stringently requesting
Commissions voicing cable system and immediately.
theme movies on 01emove such programming
that the company March 3rd
a cesy2 f the Co4maiscusses the issue of
Also enclosed is 3, and feted I -Net system.
meeting which on Pages
a comp -Net
meeting
,,he cable companyCommission not having t of a notice
the Commission 5 daysdofereceip the
Essentially,
completed within 15 000 per day for violation of
system be completion or . ifined e$most recent information
forthe comp This is
the franchise. to the
regarding this matter at this time.
regarding any City action relatng tot
Your direction would be appreciated.
programming of adult theme movies
DFP/mjs
Enclosures:
iORTH SUBURBAN CABLE COMMISSION
)77WEST IARPENTEURAVENUE FALCON HEIGHTS, MINNESOTA 55113 • (612)646-8172
DATE:
April 11, 14Rg
t)
\ ;"(- f
'",
Ct• t,'., J
T0:
City Hanagers,
Administrators
•� ,�;�� y
t
f.4i� 11:
FROM:
Routsie Anderson
;\"•
•`iLj
RE:
Review of April
70- XSCC/NSAC 14eeting
Enclosed, as usual, you -rill find the approved Uarch minutes, March subscriber
statiF.t'rs and rurreat 1:S::r: iaformati.•n.
Topics- o;, the April agenda 'included on: that many of the cities have been waiting
for: Thr. Pornograpby opinion from SSCC Counsel, Tom Creighton. The opinion is also
encl�scd for your review. Additionally the Commission voted to "Pass a rasclution
ex)Err.;•:i r;1 the Co•—istic•n's ob;ectien to such progra.::ming on Channel 34, and
spe:'Hcsliy request that the Ccmpany remove the adult: programming frog Ca;ie
Charnel 34."
Ir. a related story, various groups have again asked the FCC to ciarifv "lndecancy."
(r,c enclosed article).
,;rooter agenda item of ir.t•erecr ;tns rite $2.00 late fee charged by the Company
after 15 days instead of the normal 30 day payment period. After several citizen.
coeplaints, I asked the Comoinsinr to comment on this issue. The Cn=1!icinn voted
to gdvise the subscriber to complain to the Cable Company, bet also said that it
(tha NSCC) felt th? $2.O1) Int.? fen was io poor taste and a less than CT rr
_...t, T)�"y fett e_•'_.^at•l.".c,y a;•ovl.i discent.inue their service in protest of this
fee.
The Ce+nmisciou a411 continue its workshop meetings set to dismiss the advantages
or d'_sadvaatages of assuming the take—over of the P::blic Access responsibilities.
These meetings are a full gathering of the Commissioners so therefore are public
meetings. Please consider this notice of workshop dates as public notice which
needs to be posted.
The North Suburban Access Corporation granted Iroadale High School the sum Of
56,000.00 for the purchase of 2 camcorders and 112 VCR to be u,.d for the
Television Production Class taught only at lr:•ninie. This equipment will interact
with equipment to be borrowed from the Public Access Studio.
If you have further questJons about any of this, please call me imr.,diately.
Arden th i' m Hd hq! uder ale • hole Canada • hfovnd, View • New gdghton • North Oaks • Ro file • St. Anthony • Shmeview
cc: �,��� �oou°dtss%mct�s
M E M O R A N D U M
TO: North Suburban Cable Communications Commission
Burnsville/Eagan Cable Communications Commission
North Central Suburban Cable Communications
Commission
Quad Cities Cable Communications Commission
FROM: Thomas D. Creighton
DATE: March 30, 1988
RE: Adult Prooramminy/North Central Cable Company's
Channel 34
INTRODUCTION
You have requested a legal opinion regarding the Commis-
sion and its member municipality's regulatory authority
regarding Cable TV North Central's offering of adult pro-
gramming on cable channel 34. Below please find an analysis
of the facts, a summary of the law as is relates to this
issue, any legF1 conclusion regarding the regulatory author-
ity, and alternate courses of action for the Commission and
its member cities.
II. FACTS
Cable TV North Central (the "Company") is the provider
of cable service to subscriburs in your various municipal-
:�:-- mw` Ccnpanv has modifiod lts oroaram offerina to
a taco. —r..1
include adult programming on cable channel 34. The program-
ming has been characterized as obscene, indecent, or other-
wise pornographic by individuals communicating with your
cities. The Company characterizes the programming as adult
programming or "soft eroti;.a". The programming is not x-
rated, simply because it has not been submitted to the
rating boards of the motion picture industry since the pro-
gramming is not shown in public theaters.
The Company offers the adult programming on a pay -per -
view basis. The prograuuoing is only offered after 10:30
p.m. The adult programs are "scrambled" both in audio and
video by the converter box at the subscriber terminal.
Additionally, subscribers are provided with a lock -out key
which will prevent that programming from being recei!d on
the converter. For those few subscribers who connect their
cable directly to a cable -ready set (a process which is
difficult since the cable channels are not the same as the
Memorandum
March 30, 1988
Page 2
television channels), the video signal is scrambled but the
audio is not. Any subscriber who wishes not to have the
programming enter their home is provided, free of charge,
with filters to connect to the cable line so that the pro-
gramming never reaches the television set or the con-
verter. It is apparently disputed as to whether these
filters adequately filter out the adult programming on cable
channel 34. Those subscribers with converters who do not
order the adult programming are provided with programming
which promotes the other offerings of cable channel 34.
The Company has informed the cities that of its 66,000
cable subscribers, they have received only a limited number
of complaints regarding the service. They have also re-
ceived complaints that the programming is not "adult
enough". The programming is one of the highest requested
pay -per -view services of the Company.
The major opponent from the community of the adult pro-
gramming is a group entitled Clean -Up Project which alleges
that the local cable television operator is distributing
pornography. This organization is apparently based in St.
Paul and is not a constituent of any of the member munici-
palities nor is it a subscriber to the Company. Clean -Up
Project has not provided me with a membership list or an
explanation of its membership structure. Representatives of
Clean -Up Project have apparently, however, viewed tapes of
the adult programming in question.
The Company argues that not only is its to offer
such programming protected by the First Amendment to the
United States Constitution (as allegedly is the subscriber's
right to view such programming), but Cable Tv North Central
has also stressed the various steps it has taken, listed
above, to provide the programming only to those who request
it, and to protect the programming from receipt by unwilling
or unauthorized viewers, particularly children. While some
individuals appearing before your various Commissions.have
alleged a breakdown in these security procedures, no facts
have been presented to me such that I can conclude one way
or the other regarding the quality of these security proce-
dures.
III. LEGAL ANALYSIS
Your cable television franchises expressly provide that
the Company shall not cablecast any programming wl ich would
be considered, in the sole opinion of the city, to be x-
Memorandum
March 30, 1988
Page 3
rated or pornographic. (The Quad Cities franchise does not
Include this specific language, but there is general lan-
guage regarding the control of programming content.) The
contracts state that the city has the authority to determine
which pornographic programs offend the standards of decency
of the city.
The Federal Cable Communications Policy Act of 1984
provides at Section 624(d):
(d)(1) Nothing in this title shall be con-
strued as prohibiting the franchising author-
ity and the cable operator from specifying, in
a franchise or renewal thereof, that certain
cable services shall not be provided or shall
be provided subject to conditions, if such
cable services are obscene or are otherwise
unprotected by the Con t tution of the United
States. (Emphasis added).
(2)(A) In order to restrict the viewing of
programming which is obscene or indecent, upon
the request of a subscriber, a cable operator
shall provide (by sale or lease) a device by
which the subscriber can prohibit viewing of a
particular cable service during periods
selected by that subscriber.
The Constitution of the United States provides in the
First Amendment that the rights of freedom of speech and
freedom of 3xpression shall be nrntectcd
5'atzs Constitution avid not restricted b local,
united
federal governments. However, obscene material is tisnot�proo-
tected by the First Amendment.
While newspapers and magazines are broadly protected by
the First Amendment and have relatively unrestricted author-
ity to print rhatever they choose, broadcasting mediums are
not so protected. In the broadcast area, the Supreme Court
has consistently held that reasonable public interest regu-
lation of broadcasters does not violate the broadcasters'
First Amendment rights.
r the
cableoregulationpurposes , akey issof any Fi
rstnt sis
®' should be treated more like newspapers or more like broad-
casters, and to what :rtent factors unique to cable systems
should be considered in balancing the appropriate First
Memorandum
March 30, 1988
Page 4
Amendment considerations. No Supreme Court cast has yet to
rule on the extent to which the regulation of indecent or
pornographic material on cable television is permissible
under the First Amendment. it is likely that standards will
be developed by courts in the n*xt few years as more of
these `.ssues are litigated.
IV. OBSCENITY
As stated above, obscene speech is not protected by the
United States Constitution. The Federal Cable Communica-
tions Policy Act of 1984 prohibits "obscene" programming.
In Section 639 of the Act it is stated:
Whoever transmits over any cable system any
matter which is obscene or otherwise unpro-
tected by the Constitution of the United
States shall be fined not more than $10,000 or
imprisoned not more than two years, or both.
While this section clearly prohibits transmission of obscene
materials over cable systems, it is not clear how it would
affect indecent and similar material. This becomes a par-
ticularly difficult discussion when one looks at the Supreme
Court's three-part test to determine whether material is
obscene. In Miller v. C31ifornia, 413 U.S. IS (1973), the
coact established a three-part test to determine whether
material is obscene:
(a) Whether the average person, applying
contemporary community standards, would find
that the work, taken as a whole, appeals to
the prurient interest;
(b! whether the work depicts or describes, in
a patently offensive way, sexual contact
specifically defined by the applicable state
law; and
(c) whether the work taken as a whole lacks
serious literary, artistic, political, or
scientific value.
413 U.S. at 24.
All three factors must be present for material to be
ruled to be obscene. To the best of my knowledge, the
United States Supreme Court has never found material to be
obscene using the Miller court standards.
Memorandum
March 30, 1988
Page 5
Further, the determination of obscene material must be
made on a case -by -case basis. In other words, the city
could not merely forbid the transmitting of channel 34 or
adult programming in general, but each work would have to be
reviewed by the decision -makers to determine whether, in
their opinion, the work was obscene.
Since the Company could sue and request a judicial in-
terpretation as to whether a work is "obscene", the cities
could have a major constitutional legal challenge on their
hands regarding each work offered on cable channel 34.
Your franchises refer to the exclusion of g2Lnogaphiic
material (a lower standard than "obscene"). The Federal —
Communications Policy Act does not explicitly authorize a
franchising authority to regulate material which is porno-
graphic, however, it does permit the regulation of porno-
graphic material in the franchise agreement in the event
that such pornographic material, like obscene material, is
determined to be not protected by the Constitution and pro-
vided over the cable system. Section 624(d)(1). The prob-
lem with this Section is that it permits a franchising
authority to regulate the carriage of pornographic material,
provided that such regulation of pornographic material is
subsequently found to be constitutionally permissible by a
court of law. Assuming that a court of law would apply the
Miller test, it is highly improbable that any such attempt
.t _rcg„llati-., onuld hp unheld.
The Senate Report accompanying an early version of
Senate Bill 66, a precursor to the Cable Communications
Policy Act of 1984, suggests that "the imposition of sanc-
tions for the determination of a breach of the franchise in
the absence of a judicial determination that particular
speech was obscene or otherwise unprotected by the Constitu-
tion," was not permitted. S. Rep. No. 98-67, 98 Con., 1st
Sess. 25 (1983). However, similar language was not inclOed
in the House Report and is therefore not definitive legisla-
tive history for the Act. It does indicate that there was
discussion regarding the prior restraint of otherwise pro-
tected "speech", and a representative of the Company could
argue that, absent a prior judicial determination as to the
protection of pornographic material by the Constitution, a
local authority could not regulate that material.
I
Memorandum
March 30, 1988
Page 6
EGARDING LOCAL ORDINANCES ON OBS�CnEi 9 Y
V. COURT HISTORY R
Even though the attempt to regulate adult p 9
would in all probability not survive constitutional First
Amendment scrutiny, some local officials have asked whether
has agreed not to cable cast pornographic pro -
they could enforce their local franchise ordinances in which
Pro -
the Company have not survived
9ra�;ny. Local ordinances which drafted to pti -
vent obscene or indecent cablCity!
Lp �grammi Utah, had passed an ordi-
scrutiny by the courts. Roy Y•
ion
Hance which permitted the revocatanchise
°knowble nglyrdistrib-
permits or the imposing of fines for
uting) any pornographic or indecent standardsg"delnnCom=
City, 555 F. Supp. 1164 (D.
law or oelevision of Utahev- Roynity
rtty ordinance to beween
Otah 1984), the court hela ui= r uished be -
unconstitutional. The Ro Cit court disting court stated
oad-
broadcast television an"invited"aFfe eintosthe homeewhicastle telo-
that cable signalsthe air, is perva-
cast signals are not. The court stated that broadcast to e-
vision "is pervasive because its medi Ro Cit at 1169.
sive. Transmission by wire is not." Y-�
The United States District Court for the Southern Dis-
trict of Florida enjoinethe
Cit the distributioof Miami n ofindecent
its ordinance which prohibited
..,reduces established to enforce this
material over cable television. The City was also enjoined
from implemeuLiny �-- m_nn. 125 (S.D.
prohibition. In Cru2 v. Ferre 5�1 �• `to be unconstitu-
1983), the court el the city ordinance
tional since the provisions of the ordinance lelCimitsefor
o
regulate indecent material ease$etdforth by the Supreme
the regulation of obscenity Again the court relied on
Court in Miller v. California. A9 r not they
the ability o the consumer to CO
ntro
chose to receive cable television signals.
ether o
to
,,r�noh the member cities could courchoot would
attempt to enforc- air franchise ordinance,
likely rights of the Com-
conclude that the enforcement of the ordinance n an
attempt to restrict the First Amendment
onstitutional and therefore impermissible.
pany would be unc
^ Memorandum
March 30, 1988
Page 7
VI. OPTIONS AVAILABLE TO THE CABLE COMMISSION
AND MEMBER MUNICIPALITIES
Even though a court would likely reject the city's
attempt to regulate or prohibit the programming of channel
341 the city or the Cable Commissions could still take ac-
tion to express their displeasure with the Company. Below
please find a hierarch-, of actions which the ci`: could. take
from the less extreme (above the line) through actions which
would in all probability be held impermissible by a court of
law (Listed below the line).
The Cable Commission or the member cities could:
1. Take no action.
2. Pass a
city's objection
3. Pass a
cit objection
specifically req
gramming from cal
resolution express?ng the Commission's or
to such programming on channel 34.
resolution expressing the Commission's or
to such programming on channel 34, and
lest that the Company remove the adult pro-
3le channel 34.
4. Pass a resolution expressing the Commission's or
city's objection to such programming on channel 34, and
order the Company to remove the adult programming from cable
channel 34 (if the Company chose not Eo c: ply with ttsis
,irder, any attempt to sanction the Company would in all
probability be held impermissible by a cv of law).
S. Pass a resolution expressing the Commission's or
city's objection to such programming on channel 34, and
order the Company to remove the programming from channel 34
within 15 days of written notification or face the fines and
penalties provided for in the franchise.
6. Pass a resolution expressing the Commission's or
city's objection to such programming on channel 34, and
order the Company to remove the programming or face termina-
tion procedures of the franchise for failure to comply with
the franchise sections prohibiting x-rated or otherwise
pornographic material. (This step would not be available to
the Quad Cities Commission.)
Memorandum
March 30, 1988
Page 8
Note that those steps below the line would in all proba-
bility be held by a court of law to be constitutionally
impermissible.
If you have any questions, please feel free to contact
me.
TDC:ph
91
j
0
auncamyi ruewy - AIH, a, 19M
�edia Groups Again Ask
FCC to Clarify `Indecency
4 J,aYa,sa Arere.
and mnultutionsny var
thus buding on broodceaw
WASHINGTON - The B
Tlur beards" a.» Big
First Amendment rights
Ig other wadi, °nti and
the U.S. Caen m A said
to their brief rded with 1
00Yn the pu,ie, change t
here to order the FederalPC.m.m.
the FCC'A poltry r tstdusu
tr
b 6rwdunen hat
auniation. Commission to
l�'ity
'—"•l t4 PUIMr an "Indecent"
appeal
word kmw Moro epan
40(dl R pMlrrN R OtN(
Rauh('
The FArtisa contend that the
m'
test aoa.ideration, I, L IN,
agency I nearly I-yearbld in.
d"R°r k overly best
grow would mngituw • vto
ation al ohe agency'srules.
ca- will
Turner Outlines TNT Plans
For Hollywood Producers
I "W
se Ib„g,a.p
LOS ANG! —Thou(
b,saidtik wen
y w
network raw or en ro,,
for "nphilu-s,. program
fOr
hraw proposed ne,
able To,
Tuner came away (nuts hb
axing last -Rk with Hal.
il/'waad - twdu poduoer,
eith an delinitre Vrae'•
,raw for show, far Turner
Net. Teleruya.
UA, Heritage sign
As TNT Afflilates
ATLANTA Turwrc
BrocdouinC $y.tem lac
Iw »eel "anus Rd al-
rdiAu agrxmmu for TNT'
with two top20 multiple
cyuwas operators: United
Artists Cammuakatba
nialwh a,, both d which an,
majnrilrownd by Tale-
Communkulnm one., the
nation's The two sigatng !,ryes ML50.
bring
Live current commitments an
tool d about d million
aub,mben, amording la
Teamce Mtv'uirk, Tamar
Nen:ork Saks pmidmo.
Ab. i 10 mhv MSO agree -
menu K pending, be said
UA agreed to oornmh
over 90 pro,at of its book
urbeerhTm, Ass ,bout
IM-O y wba TBS rid. '
The systems will phut br I
TNT. with the bunk d dyer t
on Gw within list meta at
the Oct d Lund dew, Mr. h
McGuirk said. Heritage. n
which has tan I million
mhbesiben. said it -W rot ift
view tunnel lineup to dr- T
term:w -hen it can Pw b
TNTon. i
A, fro United Cable Tek- a
vi.im. -hid has ,Fred In
merge lwith VA. Mr, m
rid separ.te r
wtociatiou er ongoing jr,
Mr. Turin mode • IS
mtvtue praxnYtan b tiv
h rhhnm}en, b, rid, arktat
1 ter b PmPoss "islacma
! tK',.Lduntimri, iaPumg
miy..teaN(, tnlRtrjajpg"
ml0:rrfor and spamal
.rents Ice TNT, whir. la
erbft]UW to i.W h 0". M.
As uamples d the type d
Programming he'd like ,o
emulaw, Me Turin
osmd leave. Shogun. and
The Sound of Afuu.
"It was very
e0aitiw.. no one gas up
and walled nut." he said d
the meeting. Many
Producers sapecewd fntatn,
and futun meeting, will be
scheduled with TNT as -
to fives. Mr Tamer said.
The bard of Lhe w4
venture has appeord MTd
million fee original p)-
pammite fee the fire hall
year of operation of am w,•
work. sm smount that might
Berm small by Hollywood
standards, be mended
Ban be added that TNT will
be using 2.000 floc of those
In the MGM labeary for its
prwps unin; Statistics
show that tbRe film, are
more popular with viewer
than aHaetwork tneo, or
mt,rate game shows, he
said, TNT's initial gnl will
4 b air one hh ab swc
neat a month. he add
"sae act a pan d the
ropammiy plan. he
tided.
Show, on TNT will be
w from tw "syraway of
itins. '• bec use hall d Lot
.wmk's n,taue will came
aoubacrilhem, he aW
hat will dkv, the orww,h
be Programmed with
ow, that haw "high was.
ion quo,knts" ipe cad of
Moving to the b-m
am,a derM)rrhlalR, dual,
96 b,wada+ ah-vw
lea. Crwr or Dallas. be I
Oran lha routs on Isar 1.
Soalld EndmoL mswrit
1 k fuotened by the Fins
Ammdmeai, dlhough the fed.
ual morn (or teem have lad
e uaubk defatng what lsdenny
la, lb, FCC h.. said
A Ls wmmer, wva.l broad.
ie urea/ group, said the FCC
,t to reconsider its policy. Upon
doing so, the agency krgiy
I Affumed its sew ow turd,.
y The parties• wbkh include
c the Nations[ A",cratfan d
BrrARnerk the Association
of Independent Tekvison Sta-
tions, The New York Ttmn
Co. and tss wAtcbdog group
Action fan an" , Tell
viebn, said the FCC', policy
Ihas tly pow.Ew of ehil.
new, and public gain, paw.
grow, because the po'.
doesn't e"empt pwpua that
wry b: deemed"pawntlY of-
feadre" but how eertouo liter.
an. autistic , poihiral or Aciea.
tiro value.
Even pmnliaUy, ohoae
,Perch - whud I. not pmw.
Id by the First Amendment -.
an be defended I, mar, t h
has serious Iiwf-Y. W691c,
political or scia,ifc valu., the
U.S Supreme Coup has said. 7
Thy FCC's dermitim d fo-
Pdt�orkd -material
wn'6R, i, rum,
Pawady often". a meowed t
by mnwmpnrery community
standards In, lb, ",:.
indium, .ems[ W no"
,ee:vi oo R argon, " a.
71wi definition la similar to 10
one of the dace conditions that
mat be prwol in &t in6
obactar mswrw
Brian the FCC adapted this
definition, i, used toe "ss,er r
tiny weeds" standard b Judst
hetber , program tau Cede- tr
awl.
"Cruder the 01 nuuMo i 9
wndard, audio W visual
eoAdeaus ol angry Pofiaw
emonnnt6m or ever'mall
rpnainIS d view, in Enter- 1yorktwo R In more unhand+iqo. might rmeimRIve to be mnnl. no murr twjy
tw "P]n,nt Iku Panyulsr 67.ogutee might be to a properidenwadEng d the persona
'wim" And events being
tie m,Us groupTe
d ,he coup'la .the Iml M.the NA
awn impact will be on SCOTddcasaru � Y.,
tuns[ programs about
:walLh issues d YDS .. and on the hrwadust PUY
eves and publk alf.in pm. ,safeamong mMlliag t ose pp. Yinwho.Iteukdyaodpub �use kyusg wbiab say ponyht consider loop.sbs„risk,,. Llwyy wit Bce"
w mdia group also al• Lon,d the FCC hr "Placing and10 pw•6 aan ,d. 71w
ar." the period when want
ul�ncydro�lmFCC old IIng of tPkw to Lisab—,,a her children would be
m the I•:w"ppRU awartion it
did outwdwby TY rI,.
Indeed, FCC ComajoaranP.trieia Diu Dinah yuyion.
ed tierimcY•4 d+daSm r b
tie mid 1 how and rid h
did colrdkct A "nsaonat
.lb,.th 10 p.m. mcet ehas h,Uf
tlw .doh vkor,hip la aIOW b the Audience Said
tlw awla peupo; "11y am-
m:ssu.'s derkim d owV14
ban material frorn therujority d the Adult .,dkm
rd rducee adults b seeing
Lad herring onlymorns[tut
a fa low children.•'p
"Wrestlemania N'Sets
Record with 1.1MHomes
by 11. doer. lr.weA
NEW YOBK — The Waal
WreYBng FYlema. se:
Wrmhwa(A /Fbruke Its owWy-Panview sab reword
readhioS .6-,, 1.1home, via m rrimstedd—l01
prment buy raw. The Marl1erenl wr.ea as 725 able
Orw°v. rid Irvu Troy,wine vim prealdzi a(
tant am PppV aaperatioatihas SpRw, . &Vidw d the
WF.
The WWF aka an o avd
ton it wellmea lawsuitagainst
wMkhi an bar swan fee
rating t1w swat.
The eve owdonmm ks,fe1 PrestMaaia Ill, whattend a netioal buy ratPxxat. her resew ssiy
fS0,00D -kwers dr ,o a
udvnat.
'It was . huge, hug au,
finitelytie erns sacdMaT nbdste."
my.Hyaddedtkat
Bre best been Atlantic
Cityekwm ,n 725
Ti-ay dead!
arrawrb fromSyuC"P. Y the New
suburb, d W.A.
late Wald. with boy
`sax d ]6.1 .sal 22.1 regY>•
OOo hwutholdit. fatal d
aster. NYC 66k TV',
Renews
SDAQ Trading
DAIS, AZ — Ta-
Indhog
tycwmw
noted
"Our
am
win
veal
rib
tort'crud"
t
Carp by rerwwed
r
on the NASDAQ over-
d
ma km the min.
I
I.
taw, NASDAQ Icing
oue baling that Tr.
d
continue b he M
ti
Y a Rrhaluad aver-
T
a trengr b.kw,s
I.
uct
as
red Wnhar�b
he
dj�ot
V
cable r4rtsaoorl^iwan
Gv
a ,1W
M
veil
2 IT, 9: Nl, gssm, mood
h W t, reported PPte nawb,n En
the paw. 7.7 raten '•dhaP
ppommtag said.
ore And SS,OW
homu, b, said.
MIr Tmr Ales _y La.:t Y:
� WWFrnd General a.wmml
Corp 'a YudnOOPher Division
will rile I,w-iu against Iwp
Michigan hen wbo illegally
showed Wasukewar 1=' p
Ken (rushel Named
Think Entertainment
Presided aw CEO
STUDIO CITY. CA — Ken
Ken" has beau aw,rd by
the board of cable-opocaust.
funded Think Fau taI meam,
u ooraploy, president ,rod
chid opnlmg offia.
Mr. Kru.hel »u formedy
with American C bkry,tnw,
Carp. u a e+riutive En the
new awriRa group, wbu6
ararsaw 6usEner dewbpute.1
hen and arena u py.per.mw
and satellite muter anwno,
klevitm, he said. He bogs
with the operator in 19112.
Other members of the man.
Lgewtm trout sae touudn
%eney Duall, chairman; Jim
Munsay, formerly with W.W
Fargo Bank, chid fmancid d-
'wr,,ad Bridge Terry. a co-
traducer ol Fork Tale
rl" r, vice president d
read, affairs.
Mr. Knubal said be think,
1e company coot` has oar
heat y bawd eaM,. Duv ll',
Acor f Rbleprograms, bu,
doled that the Iran is two to
neuping an kinds d po-
rmmiag: ioRmtanrin.
as-lorm rkemr Lad series
"Or or challenge k veal to
More, wk,W n, but dive
abut Pmdurtona,'• ha Yid
e cr' T Is Already talk.
Mitt all cable pn.gam.
rag services and hopes to
't some a Met& to an.
once coon the sang Melnik i
pn,tss a Wrilen
ld w5r, b, Yid, which
y work on wiring
e peen _
i
ST. PAUL plCNEFA PFESS DISPATCH
Some attempt
to pull.plug;
on `cable porn',
By Ann Baker
stallwmar f
Weenesday.4113. nee
$1. Paul Plonser Ras Dispatch Till
y ry
a,Tan bI,smw %b6~W vWmloBihe luftsen =
ad to April, the trend
P
ug �Iep,�Lg.
'Pmall through ton Only. And local regale- ,
they bave little authOd•
��/�■I
i orno�i
■yam■ V
a �./ ♦ -
1 �miadDm+re ttOdjng
tp W aWptb nroluLLam afk•r
LedRAtwommmmlampassed
local able companies' the movies, hot •
Conllnued from P,La 1N
the
66 V
LL It's Just like dial"a•porn. These new
tug their
Doeanortr,ttu+arnaiatlamwereIhreAlaned
.
Pa l-
yacwhlle, a SL Paul -based
technologleahave outstripped the
j ..H up,es,n. penopil abjeetim," Rawville sty
Comm Robert wkm said of the raolutloD
��� � Clan a7eel
boycott ,galml
r
governments capacity to regulate
them. to
member
' ba Introduced ul7at Clhle 7Y North Cmovietral to re-
eR "wlt•eroUa" movies The
vows k famm ,
"cable am" bf suggesting
pore"
'
Robert Heinrich
_ !ti Su..eer.
rumpplteo) serves so mborts In AOaka; tumsey +ad
comtles, u well u BurmvUle and Fagan
tires �=' "' - -Mrrinllons
and tall the complain why.
Clean Up Director ' -
Buhkglao
In Dakota Comny
- Met. idded that he realized his rmolu0oo
"It's to hn like shave -porn. Thex
fix tahmlogln have outstripped
the s capacity m raga•
advises able commissions nprc• probably would lea long and cmF
'"I D4 era sahebs that have iy aurt held, and alUWatold,
daem't Nve any kern m 1t — It wont slap the moo-
'.
goveramot
fatethem," aid Clan ay dlr i
Ira;. -4 '_:th ^:a. T; north lase
C traL no bW commissions AM city
!play."
The Dal Ru a urelully down position by to
4= Suburbu commtsslm, reflecting the
Robert HeWirh,lormer Himetoo-
u city manger. H, added, bower--
a, that be will for federal
Before the North Suburban mm• cuaucils are "easy targets" for
mission hot Its stand last week, I�� be Object to the erylldt
16+
this able aommisaiom throughout the St Paul
with the LOAM
press .
legislauan tobfosk the explicit
tre.Igktcospenttwomonthsor malPmppestat Crelghtmaid.
srumbilkgtowallines [Apple
' that criUn porocF+Phy
ft= from cablesystema I
kg the ammialon's power to Coo- Instead, he said, protestan
trot vac the able :romps• "alLnire the
ductim of movies
A dmilu ran alim -.sir adopted I-$ by the South
Firlier, objections to the movies
wen expressed by averal city of-
Pr���ms should commaetly
Dfs rlglt W dUche Its tYat and have them marlacs the Coal..
Washington ramty Cable Commlalm ogling the
which Coastal Cable mmuala•
Tmedo Network Co
i Roils, including the Lttle Canada
and yadcals Helgbts City CouDCgs
.tmcadement puzzles of free Puy it would be an aommle dI*
speah. utnkkeepmshowiog LL" ei
since Ca PILO to start offering April 15 to sound
,
and Newport idaymyohn Walker.
ID his equation he pitted the Shoreview City Council membez
WashlDgkaGmly.'
That nsolutlm also atop short of impaling any
'The comp") s lying A .it"
said Bob Sketeq who represents
Companyy'', euBorpm— iu oat fa Bob Weeyyacdt valed +galnIt uHy
ahow "S•nled mderiil against North So arm Commisslm's na.
his kink h
lies. So ciao a letkr ths Bamse)) u.legkn
I bla Ca cam corn rant Iut month to Gt1e N NaM
MA14omedl on the RamseyWash•
IncGm Cable Commission.
itab
the federal cable de act claft made it clear
xhlcb became elf To fast heir, ras not to eadone the movies
I. Coolest, WWO serve Wh k Has take M,Ptewaod
-
6nyy 7
my Its not ono b . l
gripping local co On a!
PP L "I must alpkla," he old. "
their authority over program con• feeling Is that there
i and 0a"t areas
No "adoit mavla" Have been announced by the
of zko-
to
xate�ed not It allows acel and
Oral Ser. Interrourst; austurba•
people of
feet - take a pogt m. they have ever
e CouAY appmtmUy to do that anoint
tcable o County, daltbough tb♦ mavid real shown IntMlo exp I
devo uta._uFbir it rm50 yaw old.
""
a preme
wnmuc w`rov
p ellaitlao of ob.Ks enrage Weno •,f
oh
i 'aik,adtoburba ll pin Cooaty
it', not R-rated bsause It hasn't
seemly and acted that the movies
.CaHe7V Nprlb dairg officials maintain that the
beensubmnU lttedtoag."
us shown titer 10.30 p.m., that
movies sic IV War' more w than nay of the Iodlvldu• ,
aI movid ind sports Programs that subscribers pay I
Skaheff .1miid We gblic should
have the .y.l k 11 w Rho k
vlewmn ium s to7 to black rr
aptlm as well a1 [llmor k allow
"In ymuuy viewers in the 10 north suburban clues i
jyt Wmmaumpro1, P tog ddam•
CCha�mel 71 which carries the as
niched S,Ooo payper•vlew pro , that included (
Ib,'VuakO, adult movies" m Channel 34. In Marco
pile
Boycotts may be the only effeo-
relt movies in the Cable T V
l♦orth Copal ass.
lhry watched 3,ddl. Cocapany officials mid same
yleWM ben mmplained th+t the movie aren't a•,
aye aveeue for pppple who are
IekrmiDed k stop the programs,
Crelghtha mcmuded that H a lea
cal commission triad to thwart
L•ammfaslon of the movies; It
pucitecovo.
aid atmmey Tom Creighton, xha
In Wasringiate County, Caadil Gh1eY'ILzedo eel• i
work wlii cad viewed A 110 bakllatlm fa plu ,
.
.SI0.03 a mooth with mBmiton the aumber of movies
tcap be seen. A lockout devil to prevent the pro ;
.th
Iron being watched by:ctudesa Is Included In
'� Isaeeee Parnell esphy/TN
APPROVED
MINUTES
NORTH SUBURBAN CABLE COMMISSION
REGULAR MEETING
MARCH 3, 1988
I. Call to Order
Chairman Eggert called the meeting to order at 7:00 P.M.
II. Roll Call
William Bauer/Arden Hills
Ron Eggert/Falcor. Heights
Paul Villella/Lauderdale
Don Tarnowski/Little Canada
Dana Brardt/New Brighton
Curtis Fritze/North Oaks
Dennis Murphy/St. Anthony
Bob Weyandt/Shoreview
Tom Creighton, Legal Counsel
Bootsie Anderson. Administrator
Jane Bremer, Cable TV North Central
Kathi Donnelly -Cohen, Cable TV North Central
John Eddy, Cable TV North Central
James Erickson, Cable TV North Central
III. Consent Agenda
NSCC
3.3-1 Tarnowski moved, seconded by Bauer, approval of the Consent Agenda as
droved presented. Motion carrieJ unrnimously.
IV. Elections
NSCC Weyandt moved, seconded by Fritze, to name Dana Brandt from New Brighton
3.3-2 as Treasurer of the North Suburban Cable Commission for the year 1988.
Approved Motion, carried unanimously.
NSCC
3.3-3
Approved
C
Tarnowski moved to nominate Bob Weyandt from Shoreview as Chairman for
the North Suburban Cable Commission for the year 1988. Weyandt declined
the nomination.
Weyandt moved, seconded by Fritze, to rename the present slate of officera
(Ron Eggert from Falcon Heights as Chairman, Jerry Skelly from Mounds View
as Vice -Chairman and William Bauer from Arden Hills as Secretary) to the
North Suburban Cable Commission for the year 1988. Upon a vote being taken,
the following voted in favor thereof: Bauer, Eggert, Brandt,
Fritze, Murphy and Weyandt, and the following voted against the same:
Tarnowski. Motion carried.
V. Scholarships
Administrator Anderson reviewed her report on the amount of the scholarships,
how they are awarded, and when they should be awarded. Weyandt reviewed
decisions made by the Scholarship Committee last year.
MINUTES
NORTH SUBURBAN CABLE COMMISSION
MARCH 3, 1988
PAGE 2
Cable TV North Central was directed to notify tip_ North Suburban Cable
Commission in writing acknowledging the amount to be awarded as scholarships
for the year 1988. Such letter should be distributed for the next NSCC
meeting.
VI. Adult Movies (Pornography Opinion)
Attorney Creighton advised that he is still in the process of preparing a
form written opinion on this compley. issue. A constitutional issues arose
a week ago that had to be resolved before the formal opinion could be issued.
Chairman Eggert requested that the formal opinion be sent to each Commissioner
as soon as it is completed and the item be placed on the next agenda.
V1I. PsYMent of Arrorney's Fees to O'Connor and Hannan
Chairman Eggert advised that it is very hard for Commission members to review
a statement which covered such an extended period of time. He f-lt very strongly
that such a statement should be issued either quarterly or monthly.
Tarnowski questioned the billing in that phone calls should be a part of the
`.
items are charged to the retainer and which items arenot.
retainer and not be listed as a separate billing. Creighton reviewed which
Villella arrived at 7:25 P.M.
Creighton informed that his statements will be submitted on a more timely
basis.
NSCC Weyandt moved, seconded by Brandt, approval of payment to the O'Connor
3.3-4 and Hannan firm in :he amount of $10,188.60. Upon a vote being taken,
Approved the following voted in favor thereof: Bauer, Eggert, Villella, Brandt,
Fritze, Murphy and Weyandt, and the following voted against the same:
Tarnowski. Motion carried.
Chairman Eggert requested Administrator Anderson furnish Commiasioner
Tarnowski detailed information on what items are included as pert of the
retainer.
a
Fritze suggested increasing the amount of the retainer so that telephone
calls not Included as a part of the present retainer and items that do
require a small amount of time could be included as a part of the retainer.
Creighton will review the issue.
VIII. Interactive Network Size/Completion of the I -Net
NSCC Eggert moved, seconded by Bauer, to recess the North Suburban Cable a
3.3-5 Commission into Executive Session. Upon a vote being taken, the
Approved
MINUTES
NORTH SUBURBAN CABLE COMMISSION
MARCH 3, 1988
PAGE 3
following voted in favor thereof: Bauer, Eggert, Villella, Brandt,
Fritze, Murphy and Weyandt, and the following voted against the same:
Tarnowski. Motion carried.
Tarnowski left at 8:00 P.M.
The North Suburban Cable Commission met in Executive Session at
8:00 P.M. I
The North Suburban Cable Commission reconvened fror Executive Session
at 8:33 P.M.
Chairman Eggert and Attorney Creighton reviewed in detail the sequence
of events that occured on the I -Net construction during the time from
the last Cormission meeting until the evening of this Commission meeting.
They also reviewed in detail the need for the Executive Session.
James Erickson, Cable TV North Central, voiced his objection to the
North Suburban Cable Commission meeting in Executive Session as it was
a violation of the Open Meeting Law, in his opinion.
l
Erickson then reviewed what actions Cable TV North Central took as directed
by the North Suburban Cable Commission at their February 4, 1988 meeting
in mutton 2.4-2.
Admi.nist:ator Anderson advised that the institutional network was not
functioning as the connection had not been made between the two head -ends.
Rocky Schlichter, Cable System Services, Inc. reviewed his letter of
February 27, 1988 (a copy of which is on file in the office of the
Administrator) advising of his evaluation and inspection of the I -.Net
system. The I -Net syste!c as presently provided to the users does
not permit minimum adequate path routing between the North and South
headerds for ten channel full two way communications between users.
To meet the school system needs, he reviewed the type of equipment that
wood be ..eecessary.
Erickson informed that the cable company had �-.n meeting with ',e
school districts to try and identify their needs, determine what works,
and implement it. He advised he had not been given the benefit of
Schlichter's report and requested such copy be supplied.
Jane Bremer, Cable TV North Central, informed that the cable company was
not clear what action the Commission wanted them to take as a result
of motion 2.4-2 but have since obtained a clear picture and have purchased
the necessary equipment to implement complete activation. The equipment
is 95 percent in place and the rest should be completed by the beginning
of next week. She invited the schools and the engineer to make whatever
teats necessary to determine the systey is vorking.
John Eddy, Cable TV North Central, agreed chat the syatem should be tested
and arrangements could be made the beginning of next week (week of March 7).
MINUTES
NORTH SUBURBAN CABLE COMMISSION
MARCH 3, 1988
PAGE 4
After further discussion on who should be charged with the responsibility
to determine whether the system is working, the fact that the issue
is still not completely resolved (company exposure must be determined),
whether the system will meet the needs of other users besides the schools,
and the fact that the system should have been fixed properly a long time
NSCC ago, Brandt moved, seconded by Weyandt, that Cable TV North Central be
3.3-6 issued a written notice pursuant to Article VIII, Section 4.E that Cable
Approved TV North Central has violated one or more terms, conditions or provisions
of the franchises of the member cities of the North Suburban Cable
Commission, specifically failure to activate the institutional network
by February 1, 1988, pursuant to the official action of the North Suburban
Cable Commission on November 5, 1987 which required Cable TV North Central
to activate the 10/10 configuration as diagramed in Attachment A hereto,
incorporated by reference and made a part hereof. Further, within fifteen
t of
e a
SuburbansCableocommission shallpverifvoincwritingrtoethetive of Chair of the
North
the
Commission with copies to Cable TV No..` Central that the configuration
of Attachment A hereto ib in place and activated. The failure of Cable
TV North Central to have in place and activated the configuration of
Attachment A within fifteen (15) days of receipt of notice shall result
in the assessment of the penalties prcvided by the franchise calculated
from March 3, 1988, Article VIII, Section 4.C(71), $5,000 per day, or part
thereof, such failure occurs or continues. The Chair of the North Suburban
Cable Commission is instructed to implement all necessary procedures to
draw from the letter of credits of the member cities the above named
penalties should the above referenced violations continue. The Commission
acknowledges that both parties are reserving their rights as to the maximum
required activated channel capacity of the institutional network. Upon a
vote being taken, the following voted in favor thereof: Bauer, Eggert,
Villella, Brandt, Fritze, Murphy and Weyandt, and the following voted against
the same: None. Motion carried unanimously.
Bauer stated that he hoped Cable TV North Central would comply without
cannibalizing the rest of the system.
IX. Channel 16 (Government Channel) Reception
Chairman Eggert advised that the reception problem had been corrected
and thanked the company for its efforts to correct the problem. Reception
monitoring will continue.
X. Irondale School District Grant
Chairman Eggert advised that the Education Committee had met with Iron"lle
High School representatives to determine their needs. After an examination
of the problems the school encounters with transportation and the fact
that the editing capacity at the Edgeweod Studio has dimminished, the
Committee felt a favorable temporary solution to the problem was that a
two camera portable system be loaned to the school by Cable TV North
Central and monies be supplied to purchase two camera and a 1/2" VCR
(costing approximately $7.000).
MINUTES
NORTH SUBURBAN CABLE COMMISSION
MARCH 3, 1988
PAGE 5
Cable TV North Central replied that loan of such equipment on a permanent
basis violates the agreement between the Company and the Commission.
Such equipment must be available for public use on a first -come basis
at the Public Access Studio so the move the equipment and reassign it
for school use exclusively would appear to violata the existing agreement
and would require amending the current agreement by Commission action.
NFCC Bauer moved, seconded by Eggert, to extend the North Suburban Cab":e
3.3-7 Commission meeting to 11:00 P.H. Motion carried unanimously.
Approved
Bremer, Cable TV North Central, also advised that taking equipment off -
site causes insurance problems.
After a discussion a to if the equipment if loaned would dimminish its
use to the public at large, Chairman Eggert directed Administrator
Anderson to work with Cable TV North Central to bring a specific
recommendation back to the April North Suburban Cable Commission meeting.
XI. Cable TV North Central Report
KAthi Donnelly -Cohen referenced her monthly and annual repot provided
along with the franchise fee payments previously made the beginning
of this week; advised that a local payment center had been established --
subscribers will not be paying their bills locally which should have a
positive impact on subscribers; provided line extension information
to the Administrator and encouraged cities to review them to determine
whether all areas have been covered (construction is expected to begin
mid -May); customer round -cables discussions have been held to examine
subscriber issuer concerning billings, programming, program guides, etc;
system specific surveys have been done in some franchise areas and will be
done in this franchise area --they welcome input; entered into an agreement
with the Twins on the pay -per -view channel and reviewed marketing.
Bremer also reviewed the marking information being scheduled by the
Cable Consortium.
Erickson requested the Commission given expeditious consideration to the
access acquisition request made previously by Cable TV North Central.
Eggert declared the meeting adj-:rned at 10:46 P.M.
Submitted by: 49 ,
i
Katherine J. .. _ erman
APPROVED: April 7, 1988
William D. Bauer, Secretary
APPROVED
4/ 1/ Gl
I�
MINUTES
NORTH SUBURBAN
CORPORATION
R
MARCH 3, 1988
I, Call to Order
Chairman Eggert called the meeting to order at 10:47 P.M,
II. Roil Call
William Bauer/Arden Hills
Ron Eggert/Falcon Heights
Paul Villella/Lauderdale
Dana Brandt/New Brighton
Curtis Fritze/North Oaks
Dennis Murphy/St, Anthony
Bob Weyandt/Shoreview
Kathi Donnelly-Cohen/Cable TV North Central
Tom Creighton, Legal Counsel
Bootsie Anderson, Administrator
Jane Bremer, Cable TV North Central
John Eddy, Cable TV North Central
James Erickson, Cable TV North Central
III. Consent Agenda
ed by Brandt, approval of the Consent Agenda as
NSAC Eggert moved, second
3.3-1 presented. Moticn carried unanimously.
Approved Mur h election of the slate of officers
IV. Weyandt moved, seconded by Murphy,
NSAC consistent with the North Suburban Cable Commission. Motior. carried
3.3-2 unanimously.
Approved rcb V. Cable TV North Central Report
he
Sixissioners weekclasses have mailed tAccess Report prior du
haveJustbeencompletedandothers scheduled.
Siled,roeeting.
Chairman Eggert d@clared the meeting adjourned at 10:49 P.M.
Submitted by:
Katherine J. mmerman
APPROVED: April�—
William D. Bauer, Secretary
5M,� 13
MEMO TO: MAYOR AND CITY COUNCIL
FROM: CLFRK-ADMINISTRATO
DATE: APRIL 15, 1988
SUBJECT: CITY HALL HEATING AND ELECTRICAL SYSTEMS
As you may recall, the 1988 budget contains a $25,000 line
item in the City Hall portion of the General Fund Budget for
the replacement or upgrading of the City's heating,
ventilating, and air conditioning (HVAC) system.
To assist in determing what work was necessary in order to
correct the problems we are currently experiencing with our
HVAC system, I requested that Dan Boxrud have a representa-
tive of his firm or a firm that provides them with
mechanical engineering services to conduct an evaluation of
our system and determine what work would be necessary to
bring it to an acceptable operational standard. The firm
that provides mechanical and electrical engineering service
to SEH is Gausman and Moore, whose founder Glenn Gausman was
the original designer of the HVAC system for the City Hall
addition in 1974. Mr. Gausman met with Police Chief
Ramacher and myself to determine what problems existed with
the system and conducted an inspection of the system. As a
result of his investigation, Mr. Gausman has determined that
although some modifications are necessary to the system, the
main problems relate to the fact that modifications have
been made to City Hall resulting in an imbalance of air
qualities in certain areas and the controls for the system
need cleaning and/or minor modifications. Attached please
find a memorandum from Mr. Gausman outlining this work and
estimates for the various areas where work needs to be
accomplished.
During my discussions with Mr. Gausman and Dan Boxrud I
indicated that we were also experiencing major problems with
our electrical system in the City Hall area due to the
addition of word processing and computer equipment to the
various clerical staff's work stations resulting in over-
load,'.ng of the circuitry for their outlets. Mr. Gausman had
an electrical engineer from his firm conduct an evaluation
of our electrical system and he has recommended that rather
than adding additional circuitry to the system, the City's
existing equipment can be recircuited to allow for a
separate circuit at each computer location thus avoiding any
further electrical overload problems. The estimate for
this work is between $5,000 and $6,000 not including the
cost for having the engineer prepare a detailed set of
specifications and plans by which the City can obtain
proposals for this work.
Considering the difficulties we are currently experiencing
with our HVAC and electrical sysems, the fact that Gausman
MAYOR AND CITY COUNCIL
PAGE TWO
APRIL 15, 1988
.'as determined that the cost for this work should not exceed
$10,000 excluding any plans and specifications that might
need to be prepared for the electrical recircuitry, and the
fact that a line item of $25,000 currently exists in the
1988 budget for this work, I would strongly urge that the
Council approve that this work be accomplished and authorize
staff to obtain quotes for all of this work with proposals
being submitted to the City Council for final approval for
all work exceeding $1,000 pursuant to the City s Purchasing
Policy.
As was indicated earlier, $25,000 is in the budget for this
work and should the work not exceed the estimated $10,000,
$15,000 will be left over for capital improvements to the
Ciiy offices. I have met with the clerical staff to discuss
what other deficiencies currently exist in the City Hall
area to determine what projects might be applied against
this additional $15,000. The staff has encouraged me to
move fc,ward with work begun earlier this year to make our
front counter cabinetry area more adaptable to the purposes
for which it is intended. Also, we are extremely short of
storage space for office supplies, particularly paper for
the photocopier, City letterhead and utility computer
forms. The clerical staff and members of the Management
Team have suggested that the work counter at the rear of the
office area could be replaced with one providing cabinetry
rather than drawers of a depth that would allow the storage
of paper products and cabinets mounted above the work
counter for the purpose of storing lighter -weight office
supplies ane other materials. This would free up the black
storage cabinets currently in thz hallway entering into the
Accountant's Offices for storage of computer printouts and
other items as well as records for which space does not
currently exist in our file cabinet areas. Should Council
endorse these ideas, I would propose to obtain quotations
from various cabinet-making firms including Northland
Woodworks and the firm that performed the initial cabinet
work on the front counter for proposal to the City Council.
Depending upon the cost of the cabinet work, the clerical
staff would also like to see completion of the placement of
new work space paneling in the general office area as
currently exists around the photocopier.
RECOMMENDATION: Staff recommends Council authorize the work
recommended by the Mechanical Engineer for the City's
heating, ventilation, and air conditioning system with
quotes being obtained for all work in excess of $1,000 for
approval by the Council. Staff also recommends the Council
authorize preparation of plans and specifications and the
obtaining of quotes for the recircuiting of the City Hall's
electrical system.
MAYOR AND CITY COUNCIL
PAGE THREE
APRIL 15, 1988
Staff further recommends that the Council authorize the
staff to obtain quotes including designs for the completion
of the remodeling of the City Hall's front counter as well
as the replacement of the rear wall work station with upper
and lower cabinetry for the storage of paper and office
products.
DFP,/m; c
Vl,v'V v■ v
Mechanical and
Electrical Engneer5
April 12, 1988
Short Elliott Hendrickson, Inc.
222 E. Little Canada Road
St. Paul, MN 55117
Attention: Dan Boxrud
Re: Mounds View City Hall
Gentlemen:
203 East Little Canada Road
St. Paul, Minnesota 55117
(612) 482.9606
.RECEIVED
SPORr ELLIOTT NENDRUSON, INC.
APR 13 1988
S% PAUL'
We make the following recommendations for the mechanical and
electrical system for the Mounds View City Hall.
Rebalance Air Quantities
Some wall areas have been insulated which changes the
proportion of the air quantities required to heat and cool
those rooms, and through normal vibzation some air control
dampers have no doubt shifted position.
To rebalance the air quantities to the new ratings indicated
on the attached part plan, the estimated probable cost is
between $1,800.00 to $2,200.00 to have the balancing work
done by an independent air balancing firm such as Mechanical
Data of Minneapolis.
Calibrate and Service Temperature Co^trol Sensors and Operations
2. Normally the temperature control system should be checked and
serviced at least every other year. We expect many of the
sensors and thermostats have drifted out of calibrations,
and expect some valve and damper motors are not functioning
properly.
One of the problems noted was that automatic boiler water
temperature reset control for the boilers is not
functioning, so the boilers are being 'turned on and off
manually. This is a control function needing work.
The estimated probable cost for Johnson Control Co. to adjust
the control system is $1,300.00. Costs to replace controls
which have failed, if any, would be additional for parts and
labor.
Short Elliott Hendrickson, Inc.
April 12, 1988
Page 2
Service the Boiler Operating and Safety Controls
3. Some of the boiler controls wiring looks as though it has
been redone in a not so professional manner. We suggest a
service company be engaged to examine and check the boiler
safety and operating controls.
We suggest Berghorst Heating Co. and would expect the cost to
be under $250.00.
Change Starter Control for Heating Pump
5. The heating pump will not automatically restart if the
electric power goes off. The control of the starter should
be changed to a "maintained contact switch".
This can be done by any licensed electrical contractor. We
estimate the probable cost will be about $200.00.
Thermostat Settings
We suggest allowing the people in each space to control their
own thermostat settings. Because of the differences in
personal metabolism, some people like their space cool and
some like it warmer. The thermostats have been set lower
than many people like, and they have complained. We believe
production suffers more than energy saved.
No cost is anticipated to set thermostats.
Power for Micro Computers
7. The upper and lower level office areas can be re -circuited to
provide a separate circuit at each computer location. An
isolated ground should be provided for each circuit.
Electrical construction in the foregoing areas and at the
panelboards is estimated to be $5,000. to $6,000.
The work described above should be implemented this summer,
particularly with respect to the heating functions so the systems
can function satisfactorily next winter.
M
�i'
Short Elliott Hendrickson, Inc.
April 12, 1988
Page 3
We think the work can be contracted directly from this report,
however we are available for any follow-up which may be desired.
Very truly yours,
GAUD & MOORE, .
Glenn F. Gau man
GFG/PP
Encl.
MEMO TO: MAYOR AND CITY COUNCIL
FROM: CLERK -ADMINISTRATOR
DATE: APRIL 15, 1988
SUBJECT: 1988 LEAGUE OF MINNESOTA CITIES CONFERENCE
The 1988 League of Minnesota Cities Conference will be held
on June 7 through 10 at the St. Paul Radisson. The City's
1988 budget includes the provision for the attendance of one
Councilmember to this conference. Your direction as to who
that Councilmember will be would be appreciated in order
that registration can be made at the earliest possible date.
DFP/mjs
'988 LMC Annual Conference
Registration Form
^ General Delegate Registration June 7-10, 1988
Advance registration (before June 3).......................................... $130.00 number total
Registntion at Conference ....... . .... . . . .
Registration fee includes badge, admission to ae general sessions/workshops, and ticket, for meal functions on the general program:
Wednesday and Thursday coffee in exhibit area, Wednesday and Thursday lunch, Thursday banquet, Friday coffee and rolls. (This
registration DOES INCLUDE THE MAYORS/MINI CONFERENCE LUNCHEON on Thursday) If your spouse attends, th
registration is complimentary, but you must purchase meal tickets for your spouse. You may do so in the EXTRA CONFERENCEat
MEAL TICKETS section below. K you pre -register you'll receive a postcard acknowledgement to be presented at the advance
registration desk to facilitate speedy registration.
(Please print or type)
City: Contact Person-
Daytime
Telephone n
art, c;e,�
Full Nurse �--
(e.g. WS44m) Nkktwre Title
(e.g. BQ Spouse
Mini -Conference Registration Thursday, June 9
RAdvance registration (before June 3).......................................... . g�y.� number total
egistration at Conference .......................................
Mhowledgemco registration fee includes badge, registration, coffee, and hmcheon. If You pre -register, you wig receive a postcard
•d=:mvledgenMnt to be presented at the prepaid registration desk to facilitate speedy registration.
an to attend the Thursday banquet should purchase tickets below. Mud -Conference delegates wno
Registered delegates to the General Conference are welcome to attend Mini -Conference sessions and do not need to purchase special
registrations.
(Please print or type)
City:
Contact Parson. Daytime
—� Telephone p
Ate, Code
FWI Name Nrkume
(e.g. RiNiam) (e.g. BED 7itk Spowe
Extra Conference Meal Tickets
Order extra meal tiCket9 below. Be sure to indicate the name of the Person(s) for whom you order the tickets, or the name of the
delegate who should receive the extra tickets. Spouses' complimentary registration does not include meal tickets. Order below. Mfrs)•
Conference registration does not include any meals except the Thursday luncheon.
Lunheon Wednesday ................... Number Total
for whom ...................... $9.50
Mayors' Luncheon/Mini-Conference Luncheon ThursdaY
for whom ................ $$ 21—. .50
Banquet Thursday ...............
for whom...........................................$21.00
Aal Advance Registration ... .....................
Send registration and payment to Gayle Brodt, League of Minnesota Cities, 183 University Ave. East, St. Paul, MN,
55101. Make checks payable to: League of Minnesota Cities
April 1988
17
Conference for Newly Elected
New city officials learn about the job
Debra Nyberg
With elections over, newly elected
officials now face the task of govern ng
their cities. To aid in this task, officials
heard from other officials on topics
relating to cities at a conference. The
League of Mhmesota Cities sponsored
thethe conference on February 6.
hTh88 in
Minneamorning session included Ares*
enlations on personal fiabd tY and con
interest, o[ interest, the open meeting law
and data practices act, and the powers
Of city cowls.
George Hoff, a partner in the Eden
prairie law firm Hoff cnd Allen, cau-
tioned that personal liability and conflict
of interest are extremely broad. In the
area of conflict of interest, Hoff said
® \
Partial_ Ps listen
iste ;reresehlers Goad. 1988 conference for Nc;�ly Elected
municipal officials should not personally
benefit from the elected position,
except for the salary they receive. The
Legislature has defined the contract
situation, but the courts judge the non-
contract situation on a case -by -case
basis. As for personal liability, Hoff
explained new laws are taking
ect
constantly and described this area as
being "extremely slippery."
In addressing the open meeting, law,
attorney Timothy Kunz said that the
final word is always contact your attor-
ney when in doubt." Kunz, who is a
partner in the law firm LeVander,
Gillen, Miller, Anderson and Kunz, said
city officials must examine the spirit of
the law to make sure the city is
following it. s
The Legislature, Kunz explained,
always reviewing the open meeting law
attempting to balance open government
with the rights of individuals. act, Kunz
To explain the data privacy
data.
said thus covers all government
the
Forty pages of statutes slit
law. The three competing interests
involved are tl:e public's rigl .o know,
privacy of the individual, ari the effi-
1 dent running of gove:rne The law
attempts to balance these interests.
Q° Michael McCauley, city attorney for
the city of Mankato, addressed the
powers of city councsls. "Cities are
creatures of the state of Minnesota,"
he explained, adding a city has no more
or no less power than the state allows.
McCauley outl ned the "laundry list"
Of
cities and explained the difference
between statutory and home rule
charter cities.
During the noon luncheon, Donald
Slater, executive director of the LMC,
Mayora,,d Golden Valley
son addressed thegroupMSlater out
fined the services the League provides
to members and Anderson addressed
iI survival tactics for the newly elected.
In the afternoon session, officials
broke into smaller groups to discuss
IS the azeas of budgeting and fimce,
planning, and personnel and labor
relations. ■
Minnesota Cities
18