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11/14/1977 - 00014334� � THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITV COUNCIL OF NOVEMBER 14, 1977 The Publlc Hearing Meeting of the Fridley C�ty Counctl was called to order at 7:38 p m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT A�OPTION OF AGENDA: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilwoman Kukowski, and Councilman Schneider None Mayor Nee requested that Item 2 on the agenda be considered before Item 1. Councilman Schneider requested an Item 6e added under "P�ew Business," "Consideration of a Resolution Ob�ectinq to Restrictions on Pig's [ye Plant." Mr. Qureshi requested the Council add an item, "�epartment of Transportation's Proposal for Ramp Metering " MOTION by Councilman Fitzpatrick to adopt the agenda with the above amendments Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS• PUBLIC HEARING ON STRE PROJ 0 Mayor Nee explained these improvements cover residential and industrtal streets He stated a program initiated about ten years ago by the Counc�l, was to upgrade City streets to standards that were more satisfactory to the public and more economical for the City to maintain. Mayor Nee explained it is not the desire of the Council to force any pro�ect on the residents, but to propose the improvement and find out how they feel about it. Mr. Qureshi, City Manager, explained, since the program was initiated, the City is now reaching the last steps for upqrading the streets to the standards that would, in the long run, require less maintenance and, in turn, keep the neighborhoods up9raded and hopefully appreciate the value of the homes. He explained the City has about 95% of the streets upgraded with curbs and standard cross-section. Mr. Sobiech, Public Works Dtrector, explained the preliminary assessment costs were estimated utilizing exactly the same costs as last year. He ind�cated they have �found, during the street improvement program, that one of the ma�or factors in providing an esthetically pleasing neighborhood is the street pattern. He stated, during the improvement process, the City does try to work with the property owners to help them improve their properties MOTION by Councilwoman Kukowski to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hear�ng was opened at 7:50 p.m. C� ��;e PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 PAGE 2 Mr Sobiech, Public l�Jorks �irector, explained the ma�ority of the streets in the Hyde Park area were figured for residential streets, except 3rd Street from 58th to 60th Avenues, which is proposed to be commercial He explained the other street in the area, that is different from a typical res�dential street, is Main Street from 61st to 58th Avenues. He stated this would be a Municipal Siate Aid Street and 6uilt to M.S.A. standards. Mr. Brunsell, City Clerk, explained the street assessment could be financed by the City ' for a 10 year period at an interest rate of 7z%. Mayor Nee explained, for Se m or Citizens, the City provides a process where the assessment can be postponed until such time as their property ts sold and then the amount would become due with interest. Mr. Sobiech explained the estimated costs also include restoration of the driveways and sodding and grading of the boulevards. Mr. Sobiech stated the estimated front foot cost for a normal residential street is $19.69 and the side street rate is $5.70 per faot. In answer to a question by a gentlemen in the audience, Mayor Nee explained the assessment on corner lots. He stated the property owner on a corner lot pays 1/3 of the costs and 2/3's of the cost is paid for by property owners down the block Mayor Nee explained this is an attempt to equalize the burden on corner lots. SECOND STREET Mr. Ted Lyke, 6001 2nd Street N E., questioned the amount he would be assessed for his property. Mr Herrmann, City Assessor, stated the total would be about $2,877. In answer to how this would be monthly, Mr. Lyke was advised the amount to be paid for the first would be about �700 or approximately $60/month. Mr. Lyke questioned when the contracts would be awarded for the improvement and Mr. ' Sobiech stated they would be let in March. Mr. Lyke then asked how soon the Council would come to a decision on the pro,7ect, if the contracts wouldn't be let until March. Mayor Nee stated it would be in order to take action possibly within the next few weeks, unless there are any problems which they would try to work out. Mr. Herrick, City Attorney, indicated the cost ftgures thts evening are estimates and the City �s required to advertise for bids so the exact costs would not be known until the bids are received and the contract awarded. Mr. Lyke explained he was in the middle of selling his home and this is a delicate situat�on for him. He stated, naturally, he does not want the pro�ect at ihis time. He indicated, before selling his home, he checked with the City and was advised that nothing was going to happen in this area in the way of improvements. Mr. Herrick explained the pro�ect becomes pendin9 when it is ordered in by the Cauncil. Mr. Rodney Trocke, 6035 2nd Street N E., questioned what type of curbtng would be installed. Mr. Sob�ech stated the curbing is vertical type and indicated the City has gotten away from drive-over curbing, except in new developments where they do not know where driveway openings will be. Mr. Trocke then questioned the amount of his assessment. He was advised this would , be approximately $1,181. Mayor Nee asked how many persons were present regarding the 2nd Street improvement, and by a show of hands, eight persons were in attendance and five indicated they were in favor of the improvement. Mr Bob Lyke, 6039 2nd Street N.E., stated the drainage on his street is pretty bad and he would like to see the street upgraded and drainage improved; however, the curbs dtdn't make that much difference to him. 1 l / / PU�LIC HEARING MEETING OF NOVEMBER 14, 1977 The following persons indicated they were in favor of the improvement: Mr. Ralph Ward, 5848 2nd Street Mr. Rodney Trocke, 6035 2nd Street Mr. John Bachand, 5945 2nd Street Mr. Harvey Olsen, 6060 2nd Street 2 z STREET. No one was present to speak on this street improvement. PAGE 3 3RD STREET AND RECEIUING PETITION NO 17-1977-"PROPOSED STREET IMPROVEMENT OF THIRD STREET FROM 69TH TO 61ST AVENUE HAVE THE FOLLOWING TRUCKS BE LIMITED TO 7.00D EPT Ms. Juli Hegnee, 6060 3rd Street asked tf the proposed street would be a 36 foot front faced street. She indicated her concern about a commercial street to the south of her property She felt the load limit should be 7,000 gross weight, as the area to the south had another access route. Mayor Nee questioned the source of commercial traffic on this street Ms. Hegnee stated there are trucks from the golf cart business and from Holiday She stated persons she talked with were defim tely in favor of the street improvement, as long as the commercial traffic can be limited, as requested in their petition. MOTION by Councilman Fitzpatrick to receive the pet�tion regarding 3rd Street. Seconded by Councilman Hamernik. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. Ms. Hegnee felt the truck traffic was three-fold, with trucks from the golf cart �business, Holtday, and the telephone company. She stated the largest trucks are from the golf cart business. � Mayor Nee felt the street could be posted to eliminate the problem. No other persons spoke regarding the street improvement on 3rd Street 57TH PLACE: Ms. Theresa A6itz's son spoke in her behalf regarding the 57th Place street improvements She resides at 216 57th Place and her son stated they have traffic from Holiday, the Country Kitchen, and the railroad, and more or less places them in a truck zone. He also stated the tumbleweed problem from the railroad company's property to the west makes it impossible for them to maintain a decent yard. He further stated there is no reason for commercial traffic on 57th Place. Mr Sobiech felt, perhaps the traffic situation could be worked out, when they meet with the residents for further discussions on the zoning. Mr. Qureshi, City Manager, stated appropriate sig m ng could be provided to take care of the truck traffic problem and staff would look into the problem of the tumbleweeds to see what could be done. Councilman Fitzpatrick stated, the weeds are cut only where they are visible and when they start blowing, there are lttterly tons of tum6leweeds Mr. Otto Tauer, 5866 2nd Street N.E., stated he can attest to what was said is true He indicated he has complained of litter on the Burlington Northern property. He stated he also has trucks parked in front of his home, and would like to see the neighborhood cleaned-up and improved. He stated this is probably one of the worst neighborhoods in Fridley. No other persons in the audience spoke regarding the improvement of 57th Place. ��n L,,t�ri PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 PAGE 4 58TH AVENUE Mr Robert Wadsten, 6899 Channel Road, asked if any Federal monies would be used in this improvement. Mr. Sobiech stated there is a community development block grant that would help residents rehabilitate their properties No other persons �n the audience spoke regarding the improvement of 58th Avenue. , 59TH A�ENUE Mr. Sob�ech explained this would be a normal residential street and the estimated front foot rate is $19.69 per foot and the estimated side street rate is $5.70 per foot. No persons in the audience spoke regarding the improvement of 59th Avenue 60TH AVENUE: No persons in the audience spoke regarding the improvenent of 60th Avenue. 57TH AVENUE (MAIN STREET TO 3RD STREET) Mr. Sobiech, Public Works Dtrector, explained this proposed constructton is for curbing only on the north side of the street. The estimated front foot rate is $7.35/foot. No persons in the audience spoke regardin9 this improvement. MAIN STREET (58TH AVENUE TO 61ST AVENUE Mr. Sobiech, Public Works Director, explained this would 6e a Municipal State Atd Street whtch would be wider and have a heavier base than a normal residential street. He stated residential properttes will be assessed only what a normal residential street ' would be assessed, with the balance being paid from State Aid Funds. The estimated front foot rate for residential property is $19.69/foot. The estimated side street assessment would be $5.70/foot. Mr. Ronald McClain, 6007 Ma�n Street N E., indicated he agreed with the proposal to pave the street, but was concerned who would pay for tmprovements for parking for the apartments. He voiced concern about persons parking in back of the apartments. Mayor Nee stated the Engineering Department staff would check into this matter and report on the problem No other persons in the audience spoke regarding this improvement. 3RD STREET - FROM 60TH THROl1GH 58TH AVENUES• Mr. Sobiech, Public Works Director, stated what was proposed was a commercial roadway for this area and the estimated cost would be $22.30 per front foot and $5.70/foot for side street. He stated the final determination, as to whether this would be a commercial or residential street, would be worked out with the neighborhood groups at a subsequent meet�ng. Mr. Herbert Campbell, 5040 3rd Street Pd.E., asked when the zo m ng issue will be heard regarding this street. Mr. Sobiech stated there will be a meeting called next week on the zoning matter. ' Mr. Martin Dykhoff, 5810 3rd Street N E., indicated he would like to see the rezoning issue settled 6efore anything is dorie regarding the street improvement. Councilman Fitzpatrick stated, because of the issue of the zoning, perhaps the Council should not take action before the December 12, 1977 meeting regardina the pro�ect Mr. Ralph Hayne, 105 58th Avenue, asked if he would be assessed the residential rate to which Mr. Sobiech answered in the affirmative. No other persons in the audience spoke regarding this improvement. � PUBLIC HEARING MEETING OF NOUEMBER 14, 1977 81 ST AVENUE• (FROM UNIUERSITY AVENUE (T.H. 47) TO MAIN STREET) PAGE 5 Mr. Sobiech, Public Works Director, explained this street will 6e built to h�gher specifications than a normal res�dential street as it is in an industrial area. He explained the costs appear to be qu�te excessive 6ecause there would be much work involved in clearing the property and removal of muck. The estimated front foot cost is $56.33/foot and the estimated side street rate is $7.55/foot. No persons �n the audience spoke regarding this improvement. EL ROAD AN� RECEIVING PETITION N0.19-1977 - OPPOSED TO PROPOSED STREET I�PRC MOTION by Councilman Schneider to receive the petition in opposition to the pro�ect from residents on Channel Road. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously Mr. Robert Wadsten, 6899 Channel Road N.E., indicated he was opposed to the proposed cul-de-sac. He indicated, if they would leave out the cul-de-sac, he would feel more kindly toward the street improvement. He felt, however, if the street improvement proceeds, this wouldn't be the end of the cul-de-sac. Mr. Sobiech stated this is the second year in a row this street improvement pro�ect has been before the Council and it was brought back again as it was felt some persons tn the area wanted the improvement. He tndicated he felt the cul-de-sac was a safety factor for maintai m ng the street. He stated there are some areas in Fridley where they have made arrangements with the property owner to allow the City to back up eauipment in their driveways. Mr. Wadsten did not feel the safety factor had any val�dity. Mr. qureshi, City Manager, explained their job is to make proper recommendations, but it is the Council's final decision. He felt some arrangement with the property owner would have to be made, if the cul-de-sac was not constructed. Councilman Schneider stated he talked with about six of the nine persons involved in � the improvement. He indicated, of the persons in favor of the improvement, there was an una m mous feeling not to have the cul-de-sac. He felt, if they proceed with the street improvement, he would move to delete the cul-de-sac, unless there are some particularly strong arguments for it. � Mr. quresh7, City Manager, felt if this was the desire of the Council, they should have cooperation from the property owners in order to maintain the street Mr. Don Harstad, who owns Lots 2 and 3, stated he did not have any strong feelings for or against the cul-de-sac; however, he would like to develop his lots at some future time and would like the road to at least go down to these lots so they can be developed for residenttal use, Nrs. Wadsten, 6899 Channel Road N.E , stated Mr. Harstad's lots are in the flood plain area and questioned how he could develop them. Mr. Quresh7, City Manager, stated the City would have to work with Mr. Harstad to see what would be practical. Mr. Harstad stated the lots are in the flood plain, but felt they could be developed, providing certain requirements are met Mr. Bill Wharton, 6887 Channel Road N.E., stated last year the ma,7ority stated they didn't want anything done with the road and now it is coming up again. He stated he talked with Mr. Tom Colbert of the Engineering Staff and was told that Mr. Swenson and Mr. Qualm made this request for the improvement. He stated the petition the Council recetved is a ma,7ortty of the persons on Channel Road He felt the Council should consider getting access to the other lots through the motel property. He indicated they have a very m ce rural atmosphere on Channel Road and cannot see spendin9 the money to improve the street since they have no problems. d ri /1 �1 � � PUBLIC HEARING MEETING OF NOUEMBER 14, 1977 PAGE 6 Councilman Schneider stated he talked at some length with the majority of the people and the response he got was four out of m ne people would llke the street to go in, without a cul-de-sac, and if the City could do something to correct the sewer problem. Mr. Wadsten stated he would 6e in favor of the street improvement, without the cul-de-sac, hut would like to be assured they would not get any pPessure to have the cul-de-sac after the street improvement was made. Mr. Qureshi stated he felt the cul-de-sac should be put in for safety reasons, but if the ' Council does not feel it should be constructed, �t would be toa costly to have �t done at a later date. Ms. Eleanor Dehn, 6886 Channel Road N.E , indicated she was in favor of leaving the street as it �s and that sheliked the dead-end, without a cul-de-sac � Mr. George Maas, 5880 Channel Road N.E., stated a portion of Channel Road was resurfaced three or four years ago. He stated, he does understand, the street is difficult to plow; however, the street is in perfect shape so he could not see spendtng the money for the improvement. Councilman Schneider stated the quest�on was raised several tfines, if the street was put in, what about the sewer He stated houses at the far north end of Channel Road, three on the east side and at least one and poss�bly two on the west side, have difficulty with the sewer. Mr. Sob�ech, Pu61ic Works Jirector, stated in the past year there has been indication of sewer back-ups. He stated the City has recently been in contact with P1r. Wadsten trying to help his situation. He stated the problem is from the elevation differential in the street. Mr. Qureshi, City Manager, stated one property owner does have an e,7ector oump; however, we heard that it does not do a very good ,7ob He stated this pump was bought by the City , and installed by the property owner and felt the City could possibly make the same offer to other property owners having a similar oroblem, if the Council so desired. He explained the City and the property owner both have sor�e responsibility. Mr. Wadsten stated it is a case of the sewer line being installed too high and didn't feel it was fair to have the citizens pay for someone else's mistake. He felt some of the ma�ntenance for an e�ector pump should be borne by the City. Mayor Nee felt this drainage pro6lem should try to be worked out with the staff and Council representative. Councilman Schneider asked, if they could come to an understanding of noi constructing the cul-de-sac, what would be the feeling on the street improvement. Mr. Wharton indicated he was opposed to the street improvement as he did not feel it was needed. Mr. Wadsten and Ms. Dehn agreed with Mr. Wharton's position. No other persons in the audience spoke regarding this improvement. 7TH STREET. 5TH STREET. AND 63RD AVENUE (ALICE WALL ADDITION). Mr. Sobiech, Public I,,�orks Director, stated this improvement affects the property ,7ust to the east of City Hall which involves the proposed Senior Citizens and family housing complex. He stated only sidevalkis being constructed on 7th and 5th Streets at an estimated� front foot rate of $11.24 per foot and a side street rate of $1.26 per foot. Curbing and sidewalk are proposed for the North s�de of 63rd Avenue at an estimated rate of $18.07 per foot and an estimated side sireet rate of $1.87 per foot. Four water and sewer services are to be installed at an estimated cost of $960 per water and sewer service Councilman Hamernik asked if a representative for this development was present this evening. There was no response or representation from the developer regarding this improvement PJo persons in the audience spoke regarding this improvement. PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 53RD AVENUE (SKYW00� MALL ENTRANCEj� PAGE 7 Mr. Sobiech, Public Works �irector, stated this improvement was suggested by staff and considered by the Planning Commission covering improvements on entrances into the Skywood Mall Shopping Center. The estimated front foot rate is $27.08 per foot Mr. Larry Menard of Menard's felt �hey need better access from Hignway 65 to the point of �entrance tnto their parking lot. He stated he was told the reason for the curbing was to funnel the traffic differently. He feels this simply would move the problem to another area and that a larger opening is needed to iet traffic out. Mayor Nee stated, he felt, this would improve the area by channeliz�ng the traffic so that it is flowing �n an orderly direction by the time the intersect�on is reached. He indicated perhaps they should have worked more with the owner of Menard's regarding the plan. Mayor Nee questioned whether the City should be doing the improvement and requested staff contact the property owner, Mr. Mortenson, regarding this �mprovement 66TH AVENUE (CENTRAL AUENUE TO RICE CREEK SCH00 U AND RECEI�ING PETITIOP! N0. 18-1977 - Mr Sobiech, Public Works Director, stated this would be a normal residential street and the estimated front foot rate is $19.22/foot and the estimated side street rate ts $1.75/foot. Mr. Joe Menth, 1388 66th Avenue N.E., submitted a petit�on opposing th�s improvement He stated two persons were in favor of the improvement; 16 were opposed and 1 person abstained. MOTION 6y Councilman Schneider to receive Petition No 18-1977 Opposed to Proposed Street Improvement of 66th Avenue from Central Avenue to Rice Creek School Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mr. Menth stated he felt most residents wished any improvement to be postponed for at least five years. Mayor Nee stated, he understands this improvement is before the Council, because a resident had requested it be reconsidered Since Mr Menth stated he had moved into his home in January, Councilman Hamernik asked if he felt the condition of the street was satisfactory when he moved in. P1r. Menth stated he didn't see anything wrong with the street or he wouldn't have looked at houses in that area. He stated, as far as maintenance on the street in the summer, the City has filled in a few cracks with tar. Councilman Schneider stated*most of the people he talked with wanted the street left as it was and dtd not wish it to be 6rought up for at least five years Councilman Fitzpatrick felt when the property owners were ready, they could petition for the street improvement. Councilman Schneider stated there has been some rout�ne maintenance done on the sewers which residents were happy about; however, someone in the City employ indicated there �would be no more maintenance until the street is improved. Mr. Sobiech stated, if the street is deleted from the improvement oro�ect, proper restoration will be made. Mr. Myron Dstlund, 1400 66th Avenue N.E., felt they have a defim te need for a new street. He stated they have a poorly designed street and each winter and spring they have problems with the water. He commended the City for the Job of maintenance they have done until now. Mr. Ostlund stated he has been patiently waiting for the improvement for 10 years. *amended 12/19/77 , �,.�, �, PU6LIC HEARING MEETING OF NOVEPIBER 14, 1977 PAGE 8 Mr. Bob Burdick, 1316 66th Avenue N.E , stated the snow can be a problem at the end of the street Ne stated, if they have a problem, the City is called and it is taken care of. He did not feel the problem is worth the money for the improvement. Mr. Curt Loschy, 1399 66th Avenue N E., stated he has only lived there two months, but didn't see the need for the imorovement and that he was opposed to it Mr. David h-1ech, 1315 66th Avenue N.E., stated he believed when this first came up, , there was discuss�on on some compromise proposal which might be worked out such as resurfacing, but without curbinh. He re-emphasized the fact he resented coming before the Counctl every year and requested a reaffirmation that they won't have to come back next year. Mr Mech questioned Councilman Hamerm k's action to have this item on the improvement brought before the Council and circumvent their representative Councilman Schneider indicated that he did not o6,7ect to Councilman Hamerntk's motion to have this brought up. Councilman Hamer m k stated he did not circumvent anyone in making the motion to have this consldered, as he po�nted out, it takes a ma�ority of the Counc�lmem6ers to pass the motion. Mayor Nee felt no one could g�ve them a guarantee this item would not come up again. He felt they should consider what will happen with the street, if �t does not have a good base. Councilman Fitzpatrick felt his feeling is not to consider an improvement, unless tt is requested by the property owners. Councilman Schneider felt a new street is nicer and more than likely cheaper to maintain and does increase property values, but couldn't vote to proceed with the street with 85% of the property owners aga�nst it. He felt there may be a large nucleus of residents ' that might be in favor of the improvement perhaps in a few years 79TH WAY (EAST RIVER ROAD TO BURLINGTON NORTHERN RAILROFlD TRACKSI: Mr. Sobiech, Public Works Director, stated this is an improvement on a P9um cipal State Aid street He stated a certain portion of the roadway is currently unimproved and the City has been �nvolved w�th some accidents regarding this section. The improvement is proposed up to the railroad tracks. Mr. Sobiech stated it is intended to put the final curbing and mats on this section to bring it up to the final design. The estimated cost for thecurbing and gutter is �7.28 per front foot and Che estimated cost for the surfacing and concrete curb and gutter is $23.33 oer front foot. No persons in the audience spoke regarding this improvement. CENTRAL AVENUE �OSBORNE ROAD TO 76TH AVENUE): Mr Sobiech, Public Works Director, stated concrete curbing is proposed for the east s�de of the street and the esiimated front foot rate is $7.3b per foot and the side street rate is ff3¢/ foot. No persons in the audience spoke regarding this improvement. MAIN STREET (57TH AVENUE TO I.694) AND RECEIVING LETTER OF PROTEST FROM BURLINGTON NORTHERN: Mr. Sobiech, Publ�c Works Director, stated this improvement is on a County roadway � and the City will be working with the County on final costs. He stated only curb is being constructed on this street at an esiimated front foot rate of $7.45 per foot No persons in the au��ence spoke regarding this �mprovement. Mr. Qureshi, City Manager, asked that the Council receive the letter of protest from the Qurlington Northern Railroad. MOTION by Councilman F�tzpatrick to receive the letter of protest from Burlington Northern. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. L a_ a�3 PUBLIC HEARING MEETING OF NOUEMBER 14, 1977 PAGE 9 MOTION by Councilman Schneider to close the Public Hearing on Street Improvernent Pro,7ect St. 1978-1, St. 1978-2 (MSAS) and St. 1978-4 (CSAH). Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hear�ng closed at 10•05 p.m. Mr. Qureshi, City Manager, requested direction on when the reso7ution should be submitted for the improvements. He felt, unless there is special reason for delaying �action, they would like to call for bids as soon as possible inhopes of obtainin9 a more favorable btd in the winter. Councilman Fitzpatr�cl: felt the matter of the zo m ng should be settled or they may be putting a residential street in a commercial zone. Mr. Qureshi thought perhaps, in order for the Engineer�ng Department to keep working on the street improvement pro�ects, a resolution could be subm�tted for the improvement, but deleting Channel Road, 66th Avenue and the south half of 3rd Street PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 4D5 OF THE FRIDLEY CITY CODE, ENTITLED rnni r rr� rvrrrnni rnnniriirrr. MOTION 6y Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously and the Public Hearing opened at 10:14 p m. Mr. Mark Scott, Chairman of the Cable Tele�ision Commission, stated under Section 405.116 the sum was left blank for the Council to determine Mayor Nee asked if there was a defim tion of "access." Mr. Scott stated, under Section 405.253, access channels are listed. Mayor Nee questioned the meaning of "access services" under Section 405.254. Mr Scott stated this would be what the company would be providin9 in the way of equipment, what they don't have control over, and charge for use of access channels as described in Section 405.253. �Mr. Scott stated the wording is common wording used b,y most Cable Commissions Mayor Nee felt the meaning of "access" was confusing and asked if this word could be deleted without changing the meaning. Mr. Douglas Hedin, Attorney representing the Cable Television Commission, stated this wording is taken from Federal Commu m cation Commiss�on's regulations. Councilman Schneider questioned if the company has to approve all changes in the franchise. Mr. Herrick, City Attorney, stated he did not believe the City would have to obtain company approval, and procedures to be followed would be for changes in an ordinance. Mr. Chuck Hun9erford of General Television, Inc., stated he has no problems with the amendments as they are bringing these items into compliance with FCC regulations. He indicated, however, he dtd have some points of contention. One was the 5% franchise tax on their fee service as weil as their basic service He felt this would be too great of a burden on them as they lost $250,000 last year and to more than triple their franchise tax could very well put them out of business. He felt they could talk about it at some future time when they are more financially sta6le. Mr. Hungerford stated, as far as adding the access to the pay service, this would pose the same problem, He stated, it should be noted, they are working in the direction of having the people have both of their services. He indicated they are �trying constantly to upgrade the basic service. Mayor Nee questioned the trer�d on the pay service only. Mr. Hungerford stated, with the addition of the Atlanta channel last month, five persons went to both services. However, it would be several months before they had a better understanding of the trend. Councilman Schneider questioned, if these amendments are adopted, who has to approve the changes. Also, if the FCC changes thetr requirements, can the City amend this franchise without the company's approval. o � ! r PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 PAGE 10 Mr Hungerford felt they should proceed with the understanding that their company is reasonable and can work things out. He stated, if there is a change in FCC regulations, and they are not in compliance, most certainly they w�ll come into compliance. Mayor Nee stated it was provided in the original franchise to collect a fee on the entire package. He stated, as a result of FCC pressure and in spite of the struggle he put up, the Council chose to amend the franchise and put the 5% only on cable services. He stated the FCC now acknowledges this right to collect the fee on the entire package , and the City is now back to the potential of having what he wanted in the first place and what he believes the City has the r�ght to. He felt, however, this may be the wrong time to talk about this since he believes ihat General Television is losing money. He felt at some time in the future, the City should claim this 5% and adopt the portion that commits the City to using these monies in the interests of cable television. Mayor Nee noted Section 405.225 regarding the provision for the City to control rates is deleted. He stated the Charter provides that the City partictpate in the rate-making. He felt by deleting this section, it would have the affect of revoking the franchise. Under Section 405.253, Mayor Nee stated he could not imagine why they should give up the 20%. He felt the new language that is substituted is from the FCC regulations so that the City is trading 2d�*of the channels for something much less. Mayor Nee referred to paragraph 6, Section 405 253, and said that it attempts to pick up the question of pay cable only and force the provision of access in all sets. Under Sec�ion 405.254, paragraph 3a, Mayor Nee couldn't see why it should be free for five years and after this time, pay for it. Mayor Nee stated the City has power, under State Statutes, to engage in th�s contract in the best interests of the City. He stated he would certainly like to get 5% of all revenues, 6ut also does not want to put General TV out of business. Councilman Hamer m k indicated he agreed with Mayor Nee's comments regardtng the implementation at this time of 5% of all revenues. He stated he agreed there should � be some changes added to the contract. Mr. Herrick, City Attorney, stated he would agree with the Mayor's position on gross subscriber revenues, however, he felt the Council shou1d distinguish between the right to require this and the wisdom for doing it. He stated �t was his understand�ng the mo m es that were received were to be used for the regulation and programing on the system. Mr. Herrick stated he had no ob,7ection to the arbitration section providing that either party can appeal from the arbitration. Mr. Chuck Hungerford indicated hts opinion on the arbitration is that they never had anything go anywhere near this point. He stated, if it would, and it was ruled by the court that the City was wrong and the company right, he felt there should be re�m6ursement to the company. He felt, however, the section was not necessary at this time; but if something came up where they are grossly negligent, feels this section has to work both ways. Councilman Fitzpatrick felt there was general agreement the Council may not wish to move, at this time, for the 5% of general services; however, it leaves the question open if the City is receiving enough revenue for their part. Mayor Nee stated he thought the last budget took some of the money from the initial franchise and that there was a small balance left. Councilman Fitzpatrick stated he did not think the City could go on forever not cover�ng ' the expenses, without considering an aggressive program effort. He stated, eventually, their losses become the City's losses. MOTION by Gouncilman Fltzpatrick to close the Publ�c Hearing on the Ordinance to Amend Chapter 405 of the Fridley City Code, entitled Cable Television Franchise. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 11:00 p m. * as amended l2/19/77 � PUBLIC HEARING MEETING OF NOUEMBER 14, 1977 RECESS: Recess was called by Mayor Nee at 11•O(1 p.m. RECONVENED: PAGE 11 Mayor Nee reconvened the meeting at 11:10 p.m. All Councilmembers were present. OL� BUSINESS CONSIDERATION OF A SIGN VARIANCE OP� COMPANY. SIGN FOR NEW ; . �7 MQTION by Councilman Schneider to approve an increase from 6 feet to 15 feet from the closest curb line from Hillwind Road, to be installed perpendicular to the right-of-way, to allow construction of a 5 x 7 foot sign with the following stipulation• (1) That the sign be turned off by 9:00 p.m. each evening. Seconded by Councilman Ftizpatrick. Councilman Schneider stated the purpose for the reduction �n size and illumination is for protection of the restdents in the area. Councilman Fitzpatrick stated he is prepared to support the motion on the advice of Councilman Schneider. He stated, however, this area was rezoned for the real estate 6uilding on the profile that this building would fit in wtth the neighborhood. He stated he doesn't totally feel this is in the spirit of the original petition. Councilman Schneider stated he does have some misgivings on the point raised by Councilman Fitzpatrick, however, the 6uilding will shield the sign from nearly all residences. He �ndicated there are two homes in the immediate area that any type of illuminated sign would cause some interference. �UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and P�ayor Nee declared the motion carried unanimously. � NEW BUSINESS APPRO�ING STATEMENT OF CANVASS OF ELECTIOPI FOR THE NO�EMBER 8, 1977 GENERAL ELECTION: STATEMENT OF CANUASS GENERAL ELECTION NOVEMBER 8, 1977 DECLARATION OF RESULTS THEREOF In accordance with Sect�on 4.08 of the Charter of the City of Fridley, the City Council declares the results of the 1977 General Election to 6e as follows A. The total number of ballots cast was Ward Ward Ward Ward Ward Ward Ward Wa rd Ward 1 - Precinct 1 1 - Precinct 2 1 - Precrnct 3 2 - Precinct 1 2 - Precinct 2 2 - Precinct 3 3 - Precinct 1 3 - Precinct 2 3 - Precinct 3 232 656 397 4 58 271 482 566 183 278 3523 TOTAL� 3523 B The votes for each candidate, number of defective and not voted and wr�te-in votes are as follows• ro �^ �� �au�,�l PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 MAYOR PAGE 12 W-1 P-1 W-1 P-2 W-1 P-3 W-2 P-1 W-2 P-2 W-2 P-3 W-3 P-1 W-3 P-2 W-3 P-3 TOTAL �Jilliam J. Nee 190 391 200 318 198 380 424 112 208 2421** Not Voted & Defective 7 30 15 28 13 27 35 8 16 179 ' Liebl 32Liebl 23 L�eb1177Lieb11D8Lieb1 58 Lieb170 Liebl 706Lieb162 L�ebl 54 898 R.Maras 1 Nee 1 Simoreau a Frurynr 1B,7orgo 1 Nblenaro Oden 1 Harr�s Wri te -i n Lei t 1 Kirkham 1 Bruis d 11 Ki rkh�m 1 Starwal t 7 1 Votes Barnesl Hau9e 1 Cook 1 1 Kirld�am 1 Hamer m kl Wesniewski 1 Linton 1 Wayl ord 1 Harris 1 25 TOTAL 232 656 397 458 271 482 566 183 278 3523 COUNCILMEMBER AT LARGE Robert L. Barnette 83 429 244 253 125 192 261 85 68 1740* Pat Gabel 147 fJot Voted & Defective 2 209 145 17 8 200 141 284 300 92 200 1718 5 5 6 5 Write-in Barnette Votes 0 1 0 0 D 0 0_ TOTAL 232 656 397 458 271 482 566 **William J. Nee total votes are 2421 plus 1 wrtte-in = 2422 *Robert L. Barnette total votes are: 1740 plus 1 write-in = 1741 C. The following officers were declared elected: MAYOR - WILLIAM J. NEE COUNCILMEMBER AT LARGE - ROBERT L BARNETTE 6 10 64 0 0 1* 183 279 3523 i , PUBLIC HEARING MEETING OF NOUEMBER 14, 1977 D. The following is a true copy of the ballot used for Mayor � CITY ELECTION BALLOT CITY OF FRIbLEY `7���-�-�� Crty Clerk � � _J ANOKA COUNTY, MINNESOTA TUESDAY, NOVEMBER 8, 1977 Put an X apposite the name ot each candidate you wish to vote for m the square indicated by the arrow MAYOR Vote for One Term Three {3) Years WILLIAM J. NEE / 'il PAGE 13 �� .�i ( �- i t PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 PAGE 14 E. The following is a true copy of the ballot used for Councilmember at Large. CITY ELECTION BALLOT CITY OF FRIDLEY �� �'v ���lerk ANOKA COUNTY, MINNESOTA TUESDAY, NOVEMBER 8, 19T7 Put an X opposrte the name of each candidate you wish to vote for in the square indicated by the arrow COUNCILMEMBER-AT-LARGE Vote for One Term 1'hree 43) Years PAT GABEL ROBERTL.BARNETTE F. The names of the ,7udges of the election are as follows: WARD 1 - PRECINCT 1 Karen Evans Clifford Ness Mar,7orie Rosin Bette Forster Marie Hughes Doris Tallaksen Carolyn Holmen Helen Burtson WARD 1 - PRECI Velma Pinks Gloria lvers Margaret Powell Charleen Swanson Rosella Amar Vi Lind Rosalie Halling Mathilda Johnson 3 WARD 1 - PRECINCT 2 Joyce McLellan Dorothy Houck Marlys Johnson Shirley Kohlan Mary Sullivan Alice Anderson Evel,yn Selenski Lois Hines Mary Ellen Storley WARD 2 - PRECINCT 1 Jenny Locker Betty Brezny Alice Peterson Violet Burton Muriel Pomeroy Eumce Grier Doris Reiners Muriel Little�ohn 1 fJ ' 1 , PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 WARD 2 - PRECINCT 2 Helen Shaffer Jean Long Gladys Luhman Chris Aasland Karen B,7orgo Pat Anderson Paulette M�cholski Mary Heieren WARD 3 - PRECINCT 1 Yvonne 5prungman Naida Kruger Betty Bom ne Michael Caron Connie Samuelson Joan Palmqutst Jord�s Mittlestadt D�ane Graham 4�ARD 3 - PRECINCT 3 Jean Johnson 1leromca Olstead Ginnie Velin Betty Nelson Linda Tatley Mrs. Laverne Roseth Bev Miller Helen Daly COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER WARD 2 - PRECINCT 3 Bev Kinsman Jean Wagar Edna Erickson Crndy Swee Marlene Sonstegard Judy Engelbretson Jane Pertinen Dorothy Oden Adel�ne Swanson 6JARD 3 - PRECINCT 2 Pat D�ttes Darlene Valltn Alene Johnson Joanne Roetering Barb Gohman Delores Christenson Bea Ellis Irene Anderson CITY HRLL JUDGES Uiv�an Laht� Darlene Overby MAYOR - WILLIAM J. NEE PAGE 15 �_ ✓ Counc�lman Schneider questioned how the d�fference �s found between the "not voted" and "o�✓er voted." Shirley Haapala stated this is done by the election ,7udges She stated she would have no idea of the split between not voted and over voted, in any precmnct as the ballots are allsealed in an envelope. W�th regard to a write-in vote, she further stated if a candidate's name and office is not on the envelope, it is not a val�d vote, and the election ,7udges are so instructed from the rules adopted by the Secretary of State. �Councilman Hamernik stated he received calls from constituents who felt this was not a secret ballot as the flap did not cover the spaces allowed for write-ins. Shirley Haapala explained the ballot was designed according to the State's rules and regulations; however, it was possible the flap wasn't large enough Councilman Hamerm k indicated he did not think this was a good ba7lot for a write-in and felt the flap should have been designed a little larger. Mayor Nee stated someone had called him and said he was denied a vote because he signed h�s name with the word "Senior" after it. r?�P1i PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 PAGE 16 Shirley Haapala explained the certificat�on you sign must be signed in the same manner as you signedyourvoter registrationcard She stated she believed the ,7udges had asked this person if he wished to sign another certif�cation, 6ut he was emphatic that he wanted to change the reg�stration card. She stated if he wished to re-register, this could have been done, but the card could not be changed. She stated she bel�eved, in this case, the voter did go back later and signed a new certification Mayor Nee stated he also received calls with reference to signs being posted regarding write-ins He asked if signs were put up this time in the polling places. Shirley Haapala stated most of the polling places did have write-in signs up. She stated she thought the cards were put up when the City went into the IBM system, as they wanted to give as much exposure as possible on how to "write-in" a vote. Mayor Nee stated the Attorney General's office stated, if it was routinely displayed in every election, there was no problem, however, if it was just at this election, then there was a problem, He questioned who had the discretion of putting up the sign. Shirley Haapala explained the head ,7udge would have this discretion. She stated the write-in ,7ust says if you care to write in a vote, it is done on the flap of the envelope. She stated the method for a write-in vote is explained in the instructions to the �udges. Mr. Herrick stated he had a few cails where persons stated the election ,7udge opened the ballot and stated the persons had incorrectly placed the wr�te-in in the envelope. He stated they were distur6ed the �udge looked at the ballot. He felt this was a bad ,7udgement on the part of the election �udge. Councilman Schneider questioned how many times each set of 6allots �s run through the computer Shirley explained the ballots were run only once, unless they have a problem where the count doesn't tally, then more research would have to be done. Councilman Schneider questioned how absentee ballots are counted. Shirley Haapala reviewed the manner in which these ballots were handled, MOTION by Councilman Hamernik to approve the statement of canvass of election votes for general elect�on held November 8, 1977. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. RESOLUTION N0. 120-3977 - REQUESTING ANOKA COUNTY PARTICIPATION IN THE DEVELOPMENT OF AN EAST RIVER ROAD BIKE TRAIL• MOTION by Councilman Fttzpatrick to adopt Resolution PJo, 120-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 121-1977 - APPROVING THE APPLICATION FOR A BIKEWAY GRANT FROM THE MINNESOTA DEPARTMENT DF TRANSPORTATION FOR THE FISCAL YEAR 1978: MOTION by Councilwoman Kukowski to adopt Resolution No. 121-1977. Seconded by Councilman Schneider Upon a voice vote,all voting aye, P1ayor Nee declared the motion carried unanimously. -1977 - OBJECTING TO CONSIDERATION OF bJASTE6JATER RESTRICTIONS lL�] IN THE ' , rinii�n vi ivru�� r-uvu �ini� rcrcrili n�r�rtiivu u��nr.i rv�. r�r-�-io-��o^cu: ' Counc�lman Schneider briefly reviewed the background information regarding this resolution He stated it involves one government agency suing another government agency. The agenct es i nvol ved are the Mrnnesota Pol uti onControl Aqency and th� Pletropol itan Waste Control Commtsslon. He stated a moratorium has been requested on moving wastewater to the Pig's Eye Plant. He stated, this in fact, would bring a moratortum on new construction inFridley since the City's wastewater goes to the Pig's Eye Plant, and therefore, requested support of this resolution. MOTION by Councilman Schneider to adopt Resolution No. 122-1977 Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 PAGE 17 -.'t A 123-1977 - AUTHORIZING AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT Mr. Sobiech, Public Works Director, stated in this proposal there would be modification to the signal in I-694 and East River Road with the cost to be shared with the County. 'He stated all the other metering would be paid for by the Department of Transportation and the cost to the City would be $1,90D, Mr. Sobiech stated the total metering program that is proposed by the Department of Transportation is approximately ?_.5 to 3 million dollars. MOTION by Councilwoman Kukowski to adopt Resolution No. 123-1977 and authorize execution of the agreement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Kukowski to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously and the Pub17c Hearing Mee�ing of the Fridley City Council of November 14, 1977 ad,7ourned at 12:�5 a.m. Respectfully submitted, ii / _�=��.-L,_ ,��(-r�i(� . Carole Haddad William J. Nee , Secretary to the City Council Mayor / 9 Approved: �; �//�'� ) G°�J�' r'�/,"YI���=��� �