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09/13/1971 - 00017917� � Y� iq' �M 1 THE MINUTHS OF TIIE SPECIAL PUBLIC I-]EARING MEETING OF S&PTEMBER 13, 1971 PLEDGE OF ALL�GIANCE� Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. Mayor Kirkham called the Special Public Hearing Meeting o£ September 13, 1971 to order at 8 00 P.M, ROLL CALL: MEMBERS PRESENT MHMBERS ABSENT: ADOPTION OF AGENDA: Kirkham, Harris, Breider, Kelshaw, Liebl (Arrrved at 8•35 P.M.) None Mayor Kirkham said he had two items to add as follows. To Licenses• General Contractor's License for Erection $ D7aintenance Corp 10A. Request for Surning Permit and Waivex of Fees 6y School ➢istrict #14. MOTION by Councilman Kelshaw to adopt the Agenda as amended. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried, C HEARING ON ASSESSA7ENT ROLL FOR STREET IMPROVEMHNT PROJECT ST. 1970-1. Mayor Kirkham read the Public Hearing Notice and suggested the streets be taken in order as they appear in the assessment roll Sth Street: 54th Avenue to I. 694 The City Assessor said the assessment rate for this street would be $9.78 per front foot. There was no one present to speak on this assessment SSth Avenue: Quincy to .Tackson 59th Avenue Monroe to West Moore Lake Drive Marigold Terrace: Monroe to West Moore Lake Drive Hartman Circle The City Assessor informed the audience that the assessment rate for these streets would be $9.66 per front £oot There was no one present to speak on these streets. #65 West Service Drive: Railroad R/VV to 300 Feet South The C�ty Engineer said this street was put in to serve the Penzoil Property and � is an extension o£ the roadway already in existance. The rate is $19.51 per front foot. "� `°s �� SPECIAL PUBLIC HEARING MEETING OF S&PTENIBER 13, 1971 I-lighway #65 East Service Drive. Railroad R/W to 72nd Avenue The City Engineer said this roadway services the area north of the railroad tracks to 72nd Avenue, and serves the Harstad property. The rate for this street is $19 14 per £ront foot. Avenue Hwy. #65 to East Approxzmately 150 Feet #65 Hast Service Road: 73� Avenue to the Norrh PAGE 2 The City Assessor said the rate for this street is $55.77 per front £oot. There are some double frontage lots and for them it would be 4 of the cost, or $13 94 per foot Jefferson Street. 57th Avenue to 58th Avenue 57th Avenue: Washinaton to Je£ferson The City Engineer said that both these streets were treated the same as they are tied together. The streets were put in to serve the Adams Street Addition There is a mat without curbing, and the rate is $7.65 per front foot. The City Assessor added that there are also sideyard assessments o£ $1.88 per foot addltionally, and pointed out on the overhead pro�ector which lots would receive the sideyard assessment. Mr. C.H. Ben,7amin, 5708 Jef£erson Street N.E., asked about the sideyard assessment policy and the City Assessor explained the policy that is used in the City to him 2/3 of the cost of the sideyard on a corner lot is spread ? way down the block. Mayor Kirkh�n added that this policy was adopted by the City years ago to prevent a corner lot from being unduly penalized. The narrow side is considered the front footage and the other is sideyard and 2/3 of it is spread up the block Eventually everyone in the City would pay a portion o£ a sideyard assessment spread. Mr. Ben�amin said there was a lot on the corner south of him that is only 30 £eet and is a useless lot It cannot be built upon. Mr, Ben�amin asked if they were going to be assessed the full amount. Mayor Karkham said the £igures quoted were his assessment including his share of the sideyard assessment Mr. Ben7amin asked about those people across Jefferson to the east. The City Assessor said the agreement was that they would not pay when the street went in, as it is not a full street and the houses and garages front on Madison Street. Mr. Ben7amin said that some of the people on Madison do use this street although they say they do not. He believed if the Minutes were researched they would find that the cost was supposed to be shared with 3/4 to be on the west side of Jefferson and ; on the people on Madison. Mayor Kirkham asked that this be researched to see if that was the case MOTION by Councilman Harris to remove these streets from the assessment roll at this t3me and have it brought back at the next regular meeting. In the meantime the Administration is to research the minutes and also check to see if the people on Madison do receive some benefit Seconded by Counczlman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion caxried. � � � t �`r � �"5 i SPECIAL PUBLIC HEARING A9EETING OF SEPTEMBER 13, 1971 PAGE 3 � 61st Avenue; Stinson Boulevard to McKinley McKinley Street: 61st Avenue to cul-de-sac The City Engineer said these streets were to serve the new plat, Amber Oaks. The assessment raCe is $7.63 per front foot, and the sideyard assessment is �1 54 per foot. Stinson Boulevard. Rice Creek Road to 61st Avenue The City Engineer said this roadway was put in with the cooperation of New Brighton. The improvement was actually done Uy New Brighton. The front £ootage assessment is $12 90. Mr. Dennis Schneider, 6190 Stinson Boulevard, said the estimate was about 20o lower and asked why this was so. The City Engineer said the hearing was held �n the latter part of 1968 or the £�rst part of 1969. Fridley felt the improvement of 2 of the street would not be proper, so they tried to get New Brighton to cooperate. It took about 2 years to reach an agreement with New Brighton, and in that time, the prices rose. The original figures were given to the people zn 1969. Stinson Boulevard: Gardena to South Approximately 700 Feet The City Engineer said that this roadway was also done wzth the cooperati�n of � New Brighton, although this streich was done by Fridley. The rate is $12.12 per front foot with the sideyard assessment $1.04 per foot. There was also a water line put in. There is a portion o£ the roadway that needs attention because o£ the water line put in by the contractox The contractor went ' bankrupt and money is being held to correct some of the work. Lakeside Road: 75th Avenue to Osborne Road The City Engineer said there were some water and sewer services put in on this street, also some storm sewer work. The assessment rate zs $16.06 per front foot and there is no sideyard assessment. A4r, Leo Heyne, 7550 Lakeside Road, said his house was the lowest an the block and when it rains the water does not drain off completely. The City Engineer said the Engineering Assistant is in charge of the pro�ect,he will note this �omplaint, and he will meet with Mr. Heyne on the site. Onondaga Street. Bacon Drive to Lakeside Road The City Engineer said there were some water and sewer sexvices installed. The rate for this street is $7 80 per £ront foot and there are no sideyard assessments. Sidewalk on Osborne Road: Sth Street to Highway #65 MOTION by Councilman Breider to remove this improvement from the roll at this � time and have it brought back a£ter a report from the staff. Seconded Uy Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. '�r�j� SPECIAL PUBLIC HEARING MEETING OF SEPTEMBBR 13, 1971 PAGE 4 Mayor Kirkham noted that Councilman Liebl has said he would be late and asked � that the discussion on the Hickory area be held until he arrives. Hickory Drive, Hickory Circle to 70th Way Hickory Place: Hickory Drive to 70th Way Hickory Circle Hickory Drive• 69th Way to Htckory Circle 69th Way: East Rzver Road to Hlckory Drive A member of the audience said he lives at 6880 East River Road and his lot does not connect to Hartman Circle, so would he he assessed? The City Assessor said he would not. The City Engineer explained that for Hickory Place, and Hickory Drive from Hickory Circle to 70th Way, the rate is $8.40 per front foot, with a sideyard assessment of $1.23 per foot. For Hickory Circle, Hickory Drive from 69th Way to Hickory Circle, and 69th Way the rate is $4.32 per foot with a sideyard assessment of $1.21 per foot. A member of the audience said he lived on East River Road and asked about the sideyard assessment. The City Assessor said that 2/3 of the cost of the assessment for the corner lot on East River Ttoad and 69th Way is spread '� way up East River Road. Mr. Spencer Sokolowski asked if the 1970 street improvement price included � storm sewer. Councilman Breider said that the price quoted does not include the storm sewer work. The price is �ust for the street improvement, Mr. George Kelly, 50 70th Way N E., said that the water did not drain onto 70th Way. A lady in the audience said she lives on the corner of 70th Way and Hzckory Drive and asked w1.at she was being assessed for. The City Assessor said for storm sewer. She said the water stands and does not drain off Councilman Liebl arrived at the Meeting at &:35 P.M. A member o£ the audience asked if the roll under discussion is the primary or the alternate roll The City Engineer said the primary roll is under discussion, The resident asked what the alternate roll was. The Crty Assessor said that in the alternate all the streets are lumped together and have one overall price Councilman Liebl appologized for coming late to the Council b1eeting and said that he had been at the candidate's nteeting. He said that he has heard over and over the question, why the assessment is so high? The City Engineer said the hearing was held last year. The figure given at that time was $13.30 for the street improvement and the actual rate is $8.40. He felt this was a sub- stantial improvement of the original £igures given. There are other streets that have been much higher than these streets. This is a more reasonable rate than some of the other streets under discussion. It amounts to a reduction of about 30a. He went on to explain that on 69th Way from East River Road to � Hickory Drive, Hickory Drive £rom 69th Way to Hickory Cixcle and Hickory Circle, the people had a considerable amount of inconvenience. When the City chose to improve these streets, there was a proposal from the Metropalitan Sewer Board to install a sewer main which services Brooklyn Park. They had hoped to t"� �, �"� SPBCIAL PUBLIC HEARING MEETING OF SEPTEMBER 13, 1971 PAGE 5 � complete the whole pro7ect last fall, there was a strike which delayed the pro�ect. These people had to live with a great inconvenience and he appre- ciated their problems. Fridley has no control over the contractor hzred by the Metropolitan Sewer Board, however, Fridley hopes to recover some of the money from the b3etropolitan Sewer Board. The soil conditions were extremely bad in this area. The soil is very corrosive. As the Council will recall, last year he showed them some bolts from the water line that were eroded away. There were some repairs made to the water line so the roadway would not have to be torn up in the future because o£ main breaks and ruin the new street. This amounted to over $11,000 and will come from City funds and will not he assessed The removal of the bad soil is very expensive, and because of the bad soil, there could be some breaks show up later. Fridley feels that the Metropolitan Sewer Board has some responsibility and is asking that they contribute over $17,OOD These people are being assessed the actual con- struction cost minus the contribution £rom the Metropolitan Sewer Boarrl He said in a year or so, the street will be gone over and the bad areas cut out and there will be a new mat put on. This will not be assessed and would be borne by the Metropolitan Sewer Soard. Councilman Liebl asked what the total cost participation by the Metropolitan Sewer Board was and the City Engineer replied $17,571.98. Councilman Liebl asked how the rall was arrived at in regard to the Metro line. The City Engineer said the areas where the sewer line went through that had the greatest inconven3ence received the benefit o£ the cost participation by the Metro- � politan Sewer Board, since it was £elt that they had the most problems inherent with the situation. Councilman Liebl asked if the City Engineer felt that they have removed enough of the bad soil so that the roadway w111 stand up £or a number of years The City Engineer said that soil conditions are a very tricky thing, but they used the best methods. They did remove some o£ the soil. There will be same settling and if a mat is put rn next year or so, there should not be any trouble and it should last for 10 years. He said after repeated calls to the Metropolitan Sewer Board, they have finally gotten the area pretty well cleaned up. Mr. Dan Kile, 6957 Hickory Drive N E., said that the lot owned by the Metro- politan Sewer Board was leveled off at one time, then a semi backed into the mud and now it needs leveling again There has been some dirt dumped in there that must have been left over, and he thought they should Ue made to haul it out and level the lot o£f again. Mr. Gene Gruenberg, 6963 Hickory Circle, said he lives next to the lot that the Metxopolitan Sewer Board condemned fox running the line. He said he asked at the time if it would be landscaped and taken c�re of and he was assured it would be, There is a mound of dirt that needs leveling The City Engineer said as to that lot, he has made many calls to the Metropolitan Sewer Board. This is the trouble with dealing with another governmental body, it is thear responsibility, yet the people complain to the local government They are located in St Paul � and it is difficult to get aciion from them, but he will keep tryzng. The City Attorney suggested that Joseph Craig was �ust appointed to the Metropolitan Sewer Board and Fridley might get more action if an appeal is made to him. The City Engineer commented that with the whole Twin City area to take care of, one small loi in Fridley is not too important to them Mayor Kirkham added that this is �ust one example o£ what Metro government can do for us ��a SPECTAL PUBLIC IIEARING AtEETING OF SEPTEMBER 13, 1971 PAGE 6 Storm Sewer• Hickory Circle, Hickory Drive, and Hickory Place area � The City Engineer showed the drainage area on the overhead pro�ector and said the rate figures out to be $2.10 per 100 square feet to adequately drain the area. The City L'-ngineer explained that the basic proUlem with storm sewers is that the people on high ground do not understand that they do ac�ually contribute water to a drainage area and are therefore benefitted. This rate is substantially lower than rates in other parts of the City which run �rom $3.50 to $4 00 per 100 square feet Tt is also lower than the £igures given at the perliminary hearing. Mr. Spike Sokolowski said that he understood that when the hearing was called a storm sewer system was not included in the notice to the people. At the hearing in 1969 many people did not know a storm sewer system was included as part of the pro�ect He had with him the publication that was published in the Fridley Sun and read it in part, and said there was no mention of any storm sewer system. The second notice had storm sewers mentioned, but the first did not. The City Hngineer said that he also had a copy of the notice of the preliminary hearing and the notice does include incidental drainage All the people in the drainage district were given a notice by letter and there was a hearing. There was a petition against installing a street and the storm sewer. The Council eliminated a street but could not eliminate the storm sewer. The hearing was held and there was some discussion on it. Mr. Sokolowski said that he also had a copy of the petitlon and read it aloud. The City Engineer said that there was some misunderstanding with the people, they � seemed to think what was being discussed was a new sanitary sewer line, not a drainage district. Mr. Sokolowski asked if "incidental drainage" is the same as storm sewer. The City Engineer said yes, the storm sewer would provide the necessary incidental drainage. Mr. Sokolowski asked if there were sanitary sewer lines installed. The City �ngineer said one service was put in to serve a lot which had been subdivided. Another lot the Metropolitan Sewer Board divided, all the rest of the properties were already served. He went on to say that the term "incidental drainage" is normal language in a notice of hearing The improvement was discussed at the public hearing and pursuant to that discussion the Council did eliminate a portion of the improvement as proposed. Mr. Sokolowski read from the State Statutes and said that he believed that there could be less improvement made than stated in the notice, but not more. He asked if there was an assessment on 70th Way and East River Road The City Engineer said any drainage going into the improvement area will be assessed, and pointed out t3ie drainage area on the pro�ector. Mr. Sokolowski asked if storm sewer was installed on Hickory Drive and the City Engzneer said yes. Mr, Sokolowski asked � the storm sewer was the result of flooding in 1965 when there was a very heavy rainfall The City Engineer said that was not the basic reason When a new street is installed, they try to follow accepted engineering standards and install enough pick-up points so the water does not run on the streets Coo £ar and ruin the new streets through erosion. In that way the water is carried by pipes rather than surface drainage. Mr. Sokolowski said that the peaple abutting Locke Lake had water in their basements in 1965, yet they were not included. The City Engineer said that this � stoxm sewer was needed as part of the street improvement project to protect the streets, this is why it was put in. He said he did not know i£ there were any basements flooding. Mr. Sokolowski said he thought that the people most benefitting would be those on Locke Lake, yet they will have a small assessment �:�� SPECIAL PUBLIC HEARING MEETING OF SEPTEMBER 13, 1971 PAGE 7 � because the drainage line only includes a small portion of the front of those lots, The City Attorney asked if his objection was that some people outside of the drainage district line to the south abutting Locke Lake should be included and Mr. Sokolowski said yes. The City Engineer brought out tlze storm sewer drainage dlstrict map for the whole City and explained the policy He explained that drainage district lines do not necessarily £ollow any natural boundaries, such as streets, railroad tracks or lot lines. In a great many cases one lot would end up in two districts. This drainage district only includes the area that would drain into the system built A lady in the audience said she lives on 70th Way and did not think the water drained into this district, the water stands. She added that she knew there were homes on Locke Lake that did get water in the basements and she thought that they would benefit more than she would. Mayor Kirkham explazned that any water that falls within the Czty limits flows somewhere and will be within some district, whether on high land or low land The City could not service the whole municipality with storm sewer all at once, so rt is broken up into districts. Whenever a pro�ect is done, rt is an engineering responsibility to determine where the storm water goes and make the appropriate district lines. Then the people within that distrlct contribute to the pro7ect. The City established policy dictates the City assess by square footage all the people within that storm sewer drainage district It might seem to some people that the water disappears before it gets to the nearest pick-up point, but it eventually does get to the lowest lying land. In that way the � water £alling on high land does contribute to the district. Mr, George Kelley, SO 70th Way N.E., asked who determines who benefits and to what extent, Mayor Kirkham answered that the drainage districts are made up after an engineering determination, done by surueys. This determines the drainage district and everyone in the district benefits equally based on square footage and pays the same whether they are on high ground or low ground, because even the water that falls on the high ground eventually gets to the lower ground. Mr Kelley said that a man living next to a catch basin would benefit more. The Mayor said it would seem so, but that is not Che case. The City Attorney said that the determination on where the district lines are placed is based on the topography of the land. He pointed out that south o£ Ilickory Drive, the lots abutting Locke Lake do not in their entirety drain into this district, the back of the lots are sloped toward the lake and nrain that way The criteria used by the City is that all properties within a stated storm sewer district must be assessed equally as they are benefitting equally, and this is based on square footage. If those portions of those lots which do not drain into this district were to be included in this assessment, this would be a deviation from the policy the City has used for 10 - 15 years. Mayor Kirkham added that those people cannot be charged for water draining into a catch basin if the water drains into the lake. Councilman Kelshaw brought up the complaint that some of the people abutting � Locke Lake have water in their basements, and asked the lady who mentioned it. The lady replied that she had lived in her house 14 y�ars, and she knew the Mitchell's have had water back up into their basement. She said they do not pay the full price for the improvement, but they get the benefit. The Engineering Assistant said that he believed there was some misunderstanding, the problem the Mitchell's had was with their sanitary sewer, not storm drainage The lady said that they had to dig out around their house and put in tile The Engineering Assistant said that was due to subsoil drainage ��)� SPECIAL PUBLIC HEARING MEETTNG OF SEPTEMBER 13, 1971 PAGE 8 Mr Sokolowski said that the people living on high ground are not complazning � about their assessment What they are concerned about is that portion south of Hickory Drive that is not included in this district, yet they are the ones that stand to receive a bene£it. Mayor Kirkham explained agaln that the determinatzon was made where the water flows and if the water south of this district does not go into this system, but into the lake, they cannot be charged The City Attorney added that those lots will be assessed for the improvement of Locke Lake Dam. They have also wanted the assessments spread over a larger area. It gets to be a question of where to draw the line. Mr Thomas Genosky, 7043 Hickory Drive N.E., asked who authorized the storm sewer improvement. Mayor Kirkham said the Council did. Mr. Erv Moore, 6941 East River Road said that several years ago he paid for a storm sewer lateral. The City Engineer questioned whether he meant a sanitary sewer lateral and Mr. Moore did not believe so. The Finance Director was asked to check this out. A resadent of the area asked if the Metropolitan Sewer Board would be paying an assessment for their lot and the City Engineer replied yes. MOTION by Councilman Harris to close the public hearing on the assessment roll for Street Improvement Pro7ect St. 1970-1, with the exception of Jefferson Street £rom 57th Avenue to 58th Avenue, 57th Avenue from Washington to Jefferson, and the sidewalks along Osborne Road from Sth Street to T.H. #65. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kir�ham declared the motion carried and the hearing closed at 9:30 P.M. RESOLUTION #114-1971 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT � ST. 1970-4 MOTION by Councilman Breider to concur with the recommendation of the Finance Director and the City Manager as found in the memorandum dated September 9, 1971 and adopt Resolution #114-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS� Mayor Kirkham declared a recess at 9:32 P M. and reconvened the meeting at 9:50 P M. COMMUNITY ANTENNA TELEVISION: �: G�IY.$ IYF[ilil NNNITY ANTENNA TELEVISION SYSTEMS AND FEES THEREFORE� f�17.i B) S�T THB PUBLIC HEARING DATE FOR OCTOBER 12, 1971, TO CONSIDER THE GRANTING OF A NON-EXCLUSIVE FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN Councilman Harris said that as the City Manager indicated in his memorandum, � prior to the Council Meeting on October 4th, he will be meeting with the four school districts and the Anoka County Library System to discuss CATV with them. He also has a meeting scheduled for the 14th of September sponsored by the Educational Research and Development Council of the Twin Cities on CATV. He �?t��� SPECIAL PUBLIC HEARING MEETING OF SEPTEMBER 13, 1971 PAGE 9 � felt that with their input before the meeting of the 4th of October, it would be possible to have a draft o£ the master ordinance, and hold the public hearing the 4th. MOTION by Councilman Harris to set the public hearing date for community antenna television for October 4, 1971 Seconded by Councilman Breider for discussio n Councilman Breider said that i£ the hearing is set for the 4th o£ October, he will not be present, as he has a vacation scheduled for that time, but as far as he knew, he would be present for all the subsequent meetings when CATV would be discussed. Councilman Liebl questioned why the Council was in such a hurry. He said he has been told that if a certain deadline is not met, they would stand to lose some revenue. He believed that deadline was March lst. He said he felt very strongly that the ordinance must include a code of ethics and that consideration should be given the school districts. The four school districts should be extensively consulted. The ordinance should be based on the guidelines they suggest to the Council. It will probably be necessary to meet several times Mayor Kirkham said that is exactly what they are doing, hence the meetings set up by the City Manager. The City Attorney said that the applicants have presented their program cont�t to the City Coiancil and all three indicated they would be pleased to meet with local groups and consult with them on content in � terms of local origination. The City Manager said that through some rough calculation, the 12th of October would be the first date the public hearing could be held and still meet the Charter requirement o£ at least 20 days notice prior to the public hearing. This would allow fox two publications. Councilman Kelshaw said that he would like to get the public hearing out of the way for an important reason. It is true as Councilman Liebl said, as of now a City receives S% of the gross revenue from the company, but the FCC will be meeting in November and they have the power to reduce this percentage to 30 That 2o difference annually would be a substantial amount, and if an ordinance is not passed before that time the City would stand to lose that 2%. The Council has met all three applicants when they presented their proposals, this was not a secret session, the press was present. It was meant to educate the Council in cable television. The programs of all three applicants seem to be almost exactly the same. Another reason for moving quickly is that he was at a meeting of the Metropolitan Council last Thuxsday and at that meeting there was some discussion about the Metropolitan Council getting involved in CATV. Then, there would he trouble with another governmental body to work with and it will be di£ficult enough as it is. He added that not only would Fridley lose that 2%, thexe would also have to be a building built which would be a substantial investment and the City would derive taxes from that He said he understood Councilman Breider would be on vacation, but the reason he would like to have the public hearing soon is so the Council would be in a position to grant the franchise and move on the ordinance. He added the FCC would govern the pro- gramming. He said he was also concerned that there be a strong code of ethics. '� `p-� SPECIAL PUBLIC HEARING MEETING OF SEPTENIBER 13, 1971 PAGE 10 Mr, Douglas Hedin, 3146 West Calhoun Boulevard, Minneapolis, said that he was � an attorney and spoke before the Metropolitan Council, although he was not representing anyone. He did urge the Metropolitan Council to conduct a study which would cost about $50,000 from their budget. He said perhaps the Metro- politan Council will be doing a study, although they do not have the power to grant franchises, they may have that potaer by 1973, There is another thing that cannot be measured in dollars and cents, and that is puhlic accessi6ility. He suggested that what if St. Paul granted a£ranchise for CATV and they allowed the public S- 6 channels. If Fridley did not have strict standards, they could be getting many channels from St. Paul. This points out the problem o£ regional coordination. He suggested Fridley contact the Metropolitan Council to see if they are going to be making a study. He urged that Friclley adopt a strong ordinance especially in regard to public accessi- bility and local origination` Mr. Wallace Hlavac, 6231 Trznity Drive, said that he was speaking on behalf of the Fridley Residents for Action, and had with him two pieces of material that he would like to distribute to the Council. He came forward and gave the Council the material. He said he has taken upon himself a study on cable TV and the implications for this community and other communities. Because of the ramifications of this venture, he is very concerned what direction the City government might take. He is very concerned that adequate attention be given to all the non-profit organizations. He felt the Council may find the reference material he handed out interesting. He felt there should be more consideration given to public access, local origznation and also compatihility. He said their feeling was that there has not been adequate input by other groups in drawing up the ordinance. The ramlfications are very far reaching and dictates waiting until the various organizations have undertaken their own studies and also to get available information zf the Metropolitan Council daes undertake a study. He asked that the Council defer considering drafting the ordinance until such time that adequate input is received from the organizations. Councilman Harris said that the City is responsible for pursuing a profit and also getting the best system possible. In the literature £rom Mr. Hlavac, it speaks of 25 channels, but all three applicants in making theix presentation talked in terms of 60 channels. Only two years ago, Vallejo had 27 channels, the talk now is of a 60 channel capacity, and in the future there will probably be continued rapid developments. The Council has been asked to wart two years, they could continue to wait ad infinitum Mr. Glen Thompson said he would like to commend the Council for taking the initial action, and moving on a venture that is very interesting and challenging. He commented on the four school districts being involVed and suggested that the officials from Anoka Ramsey Junior College also be invited to the meeting Thursday. He said he would not recommend waiting for the Metropolitan Council to make a study, and urged that this opportunity not be allowed to slip away. The City Attorney said that he would request that if the Council wishes the ordinance to be drafted prior to the public hearing, that the hearing not be held befare the 12th of October He did not think it would be possible to get � zt together before that date. Councilman Kelshaw said he would like to ask that the public hearing be held October 4th and asked if the applicants would be heard. Mayor K3rkham said he did not know if the applicants would be present, the hearing would be called on the master ordinance. It was again pointed out that the hearing notice could not be published meeting the legal requirements 3n time to have the hearing on the 4th. .�. 7i 1� r�'/ SPEGIAL PUBLIC HEARING MEETING OF SEPTEMBER 13, 1971 PAGE 11 � MOTION WITHDRAWN by Councilman Harris, with the agreement of the seconder, Councilman Breider. MOTION by Councilman Harris to set the public hearing on commun�ty antenna television for October 12, 1971, and instruct the City Attorney and the City Manager to prepare a draft of the master ordinance. Seconded by Councilman Breider. Councilman Harris said the Gouncil received a resolution tonight from the Anoka Gounty Library and it appears they have done their homework as they are requesting one channel £or programming, one channel for two way communication between the library and the customer and one channel £or two way internal commun3cation Councilman Liebl asked Mr. Hlavac i£ District #14 got the proposals and if they have had a chance to discuss what their needs might be, so they can present them at the meeting Mr. Hlavac said they were meeting the next day, and will be in a position to make a presentation. It seems the Council zs seeking to construct the ordinance without the consideration o£ other agencies that will derive benefit from it, Councilman Breider asked if the letter had been sent to the schoal districts and the City Manager said yes. Councilman Breider said that obviously there is a communication system started as evidenced by the scheduled meeting. Mr. Hlavac said he did not want the Council to go ahead without their input. Mayor Kirkham said he did not like to have the Council accused of not con- � sidering other agencies, this is exactly the reason for the scheduled meeting. Mr. Hlavac pointed out that the City Attorney has already been instructed to start to prepare the ordinance. Mayor Kirkham said yes, we are instructing him to get started, there are already ordinances from other communities to use as models. He will be directed to do �ust what Mr. Hla�ac and the School Board wants. Councilman Kelshaw read the memorandum from the City Manager dated Septembex 1�, 1971 aloud to clear up aiy misunderstanding. *�� Mrs. Marian Black, 389 Rice Creek Terrace, said that the Fridley Residents for Action were holding a meeting September 22nd at St Philip's Church and hoped the Council would find time to attend. The City Attorney pointed out that after the public hearing there has to be two readings of the ordinance and this would provide ample time for any additions or changes. It is not something that has not been considered before, there are ample copies of other communities'ordinances to use as models. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITOR. Mr. Richard Harris, Street Improvement Pro�ect St. 1970-4 Assessment Roll � Mr. Harris asked what happened with Item #2 (Confirming assessment for Street Improvement Pro�ect St. 1970-4) Councilman Breider expla�ned that the original roll was adopted and the resolution passed. Ile said as he recalled, Mr Harris felt that as Main Street serves properties to the north, the cost should be spread over the entire pro�ect. Gouncilman Breider sazd he felt that the cost of the street should be borne by the benefitting property owners, and the ��� RESOLUTION #115-1971 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1970-1• MOTION by Councilman Harris to adopt Resolution 1�115-1971, removing Jefferson St. from 57t1i Ave, to 58th Ave., 57th Ave. from Washington to Jefferson and the sidewalks on Osborne Road from Sth St. to T.H. #65. Seconded by Councilman Kelshaw Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, / J .,� : � �� SPECIAL PUBLIG I-]E.4RING MEETTNG OF SEPTEMBER 13, 1971 PAGE 12 Finance Director and City Manager recommended that the assessments be spread in the usual manner after outlining other possible methods, The roll as adopted is using the standard assessment procedure. Mr. Harris said he wished to thank the Engineering Department and the Admin3s- tration for getting the grounds cleaned up, and also for getting the street signs up, and taking care of the situation. RHSOLUTION #116-1971 - A R�SOLUTION DIRECTING THE ISSUANCE OF TEMPORARY IMPROVE- MENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHRPTER 385: (ST. 1971-1 F� ST, 1971-2) MOTION by Councilman Harris tu adapt Resolution #116-1971. Seconded 6y Gouncilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously RCSOLUTION #117-1971 - A THE MOTION by Councilman Harris to adopt Resolution #117-1971. Seconded 6y Council- man Kelshaw Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously, GONSIDERATION OP RESOLUTION RELEASING TAX FORFEtT LOTS FOR SALE PROVIDING THE ASSESSi�ENTS ARE PAID AT T13E TIME OF SALE AND PROVIDING THE CITY OF FRIDLEY DOES NOT HAVE A HOLD ON THEM. Councilman Liebl asked the status of the lots the City wants to hold in Hyde Park and Hamilton's Addition to Mechanicsville. The City Manager said the Parks and Recreation Commission will be discussing them next week. The Finance Director said this resolution would release only those lots the City does not have a hold on. MOTION by Counczlman Breider to table this resolution. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimous ly . The City Attorney said, as the Council knows, there is a law suit pending in which the buyer of some lots contends that he should not have to pay the assessments, He said he was not sure what the County would recommend should 6e done in the future. AUTHORIZATION TO PREPARE AN OPEN SPACE APPLICATION FOR PARK LAND IN RNERVIEIN HEIGHTS: MOTION by Councilman Kelshaw to table this item until after the election. Councilman Breider said that he had brought this rtem to the attention of the Council. This concerns the area o� Riverview Heights that cannot be protected by a dike that is sub7ect to flooding, and is an attempt to do something about it. It would authorize the City administration to get together wzth the Department of Housing and Urban Development to see if Fridley could qualify for an open space Federal grant. There may be money available through an agency such as LAWCON. This is not a request for approval of an application, only authorization to prepare an application. � � I , L�� � � � SPECIAL PUBLIC HEARING MEETING OF SEPTEMBER 13, 1971 MOTION WITHDRAWN by Councilman Kelshaw. A�p�' PAGE 13 MOTION by Councilman Bxeider to authorize the City Manager to check into this to see if Fridley could qualify. Seconded by Councilman Harris for discussion Councilman Harris said that it would be unfortunate for the people to think the Council is going to do something it may not be able to do. MOTION AMENDED by Councilman Harris to direct the Administration to investigate the feasibility of making an application and then come back to the Council for further discussion. The Amendment seconded by Councilman Breider, with the comment that 1£ they flnd funds are not available he did not want the people in the area unduly upset He added that it was his responsibility to attempt to £�nd some feasible solution to their problems Mayor Kirkham said that he was opposed to this proposal in any way and was not interested in using open space fiznds even if they were available, as it amounts to spending his tax dollars to bail them out. The investigation to date shows that they do not agree whether they want to get out or not and in some instances they want to make a profit out of it. T1jE VOTE UPON THE AMENDMENT, being a voice vote, Harris, Liebl and Breider voting aye, Kirkham and Kelshaw voting nay, Mayor Kirkham declared the motion carried. THE VOTE IIPON THE MOTION, being a voice vote, Harris, Breider and Liebl voting aye, Kirkham and Kelshaw voting nay, Mayor Kirkham declared the motion carried. LICENSES: Service Station Fridley Texaco 6071 University AVe. Fridley, Minnesota Off Sa1e Beer Ron's Gulf Station 7451 East River Road Fridley, Minnesota Excavating By: Hugh McNally By� Ronald Plombon Purcell Construction Inc. 6�31 Pillsbury Ave. So Minneapolis, Minnesota By: Fred Purcell General Contractor F.J. Gary Construction Inc. 10817 Hollywood Boulevard Coon Rapids, Minnesota By: Fred Hillyer Approved By Fire Inspector Building Inspector Health Tnspector Building Inspector Building Inspector -�:)t� SPECIAL PUBLIC HEA42ING MEGTING OF SEPTEMSER 13, 1971 LICENSES CONTINUED: General Contractor Erection F� Maintenance 11900 Wayzata Blvd. Minnetonka, Minn Stuart Construction Co. 109 Lowry Ave. N.E. Minneapolis, Minn. By: Harold E. Pederson By; Myron Stulberg Royal Aluminum Products Inc. 526 6th Ave. No. Minneapolis, Minn. By: Mau Ostraw Richard Hastings Roofing Co 630 Ironton Street N.E. Fridley, Minn. By: Richard Hastings Jack Bruhn F� Assoc, Inc. 5406 Florida Ave. No. Crystal, Minn. By: John F. Bruhn Approved By Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector PAGE 14 MOTION by Councilman Liebl to approve the licenses as submitted. Seconded hy Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS. A. NEW BRIGHTON COUNCIL. MEETING SEPT. 14, 1971 MOTION by Councilman Kelshaw to receive the communication from New Brighton City Council dated September 3, 1971. Seconded by Councilman Liebl. After some discussion, none of the Council was able to attend the meeting New Bxighton invited them to concerning the Viewcon proposal. The suggestion was made that perhaps some of the staff could make a report to them. Mr. Chuck Van Eeckhout of Viewcon, was present and said he would like to request that the award for Sewer and Water Pro�ect #103 be made. He said they have co�npleted 8D% or more of the road work, and a number of sales. He said they were on a tight schedule and the timing is very critical. The agreement provides that the road construction to Silver Lake Road be started at the same time the town houses and multiple units are started They are nocv in the process of negotiating with New Brighton, and it is taking a little longer than anticipated. There are some very concerned people in New Brighton. He said they have gone full speed ahead so the utility contractor could get to his �ob quickly. THE VOTE upon the motion, bezng a voice vote, all ayes, Mayor Kirkham decl�red the motion carried unanimously � �� � .;,�;� SPECIAL PUBLIC HEARING MEETING OF SEPTEMS&R 13, 1971 PAGE 15 � Councilman Kelshaw asked if the agreement did not say that the roadway should be in. The City Engineer said there was a requirement of a bond for the roadway constructlon, and the road construction was to be started at the same time the town houses and multiple units. The multiple unit construction traffic was to come from Silver Lake Road and the utilrty construction traffic would come from the Fridley side. The question is now if they can meet that requirement Mr. Van Eeckhout said they feel they can meet all the requirements as set out in the agreement. Councilman Harris said that the agreement was that the equipment was to come from Silver Lake Road and the Council was assured that they would not be using residential roads. Mr, Van Beckhout said that is their intention He said they felt that the access £rom the west would probably be impassable because of the sewer and water cuts, even if they did try to maintain it. He said they hoped very much to stay on schedule. Councilman Harris asked if they would be willing to sign an agreement that they would move all the equipment in £rom Silver Lake Road. This was the basic ob,7ection of the people living in the area. Mr Van Eeckhout said he did not know, he taould haCe to say nothing would ever be moved up Hillwind Road. New Brighton was quite upset by the language in the agreement. He said he was not reluctant to assure the Council that everything possible will be done for these people, but he would be reluctant to sign an agreement placing a hardship on the people of New Brighton. Today some lu�ber was hauled in for construction. He added that there may be perhaps 10 vehzcles construction oriented coming up Hillwind Road. He pointed out that also, sometimes the drivers do get lost. Gouncilman Kelshaw asked if they would he willing to post a bond � in case there is damage to the streets T'he Crty Attorney said this was a possibility, Councilman Kelshaw said this is one concern, along with the noise and safety of the residents. The City Engineer said that Fridley would like Viewcon to use Silver Lake Road for their construction equipment £or the multiple dwellings as agreed to and recorded in the Council Minutes. Mr Van Eeckhout said they would live up to the terms The Crty Engineer said that the Council realizes that some of the equipment for the utility construction will have to come from the Fridley side. He added that perhaps if the bid is awarded, it may antagonize New Brighton more Mr Van Eeckhout said that he thought it would have the opposrte effect, and would relieve them. Councilman Harris said that he would like to wait with the awarding of the bid until after the meeting with New Brighton. The awarding o£ the bid is scheduled to he back befo�e the Council the 20th o£ September. Mr Van Eeckhout said that a decision from New Brighton will not be forthcoming that quickly, they have discussed this with them and they feel they want to take another four weeks. Mayor Kirkham asked that the awarding of the bid £or Sewer and Watex Improvement Pro�ect #103 be put on the agenda £or next Monday night. Councilman Harris said that the agreement that was signed included an area to be set aside for a"Welcome to Fridley" sign. He had a call from Naegele's and they said they were told by Viewcons' sales officc there was no access to the sign location Mr. Van Eeckhout said that Naegele`s want Viewcon to build a road to the sign, and Viewcon does not feel they should do this They roaill not go through the woods or off the highway right of way. They do not seem anxious � to put up the szgn. He added that Viewcon wanted to buy the other 'z of the sign The sign location is 600' - 800' from the nearest roadway and the road would cost quite a bit. They have not gone to the Highway Department to ask £or permission — to go over the fence by the hzghway. Councilman Harris asked that Viewcon continue working on this and he hoped they could get it resolved. ,'����3 SPECIAL PUBLIC IIEARING NfEHTING OF SEPTEMBER 13, 1971 PAGE 16 REQUEST FOR BURNING PERMIT AND WAIVER OF FEES - SCHOOL DISTRICT #14: � The City Manager explained that School District #14 has requested a permit to burn some weeds from under the bleachers at the football £ield prior to their opening game The City Attorney asked if there was any trouble with the State Pollution Control Agency The City Manager said they had made a request to that body and the permit was granted. The Fire Prevention Bureau Chief has recommended that the permzt fee of $SD be waived. MOTION by Councilman Harris to receive the communication £rom the Bureau o£ Fire Prevention dated September 13, 1971 and concur with the recommendation and grant the burning permzt and waive the fee. Seconded by Councilman Kelshaw for discussion. Councilman t�elshaw asked if anyone could make a request to the PGA for a permit. The Crty Attorney said yes, but that does not mean their request u*ould be granted. THE VOT� upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously A➢J6URNi�fENT , There being no further business, Mayor Kirkham declared the Special Public Hearing Meeting of September 13, 1971 ad�ourned at ll.10 P.M. � �Res ectfully submitted, � _L/�/� %�'-ti e/�C/� ' _ G� c/�C �✓� � vU�i/��� � ... — /"`" _ Juel Mercer ( ack 0. Kirkham Secretary to the City Council `� layor �