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12/13/1971 - 00017753� ;` ,,(� THE MINUTE5 OF THE SPECIAL PUBLTC HEARING MEETING OF DECEMBER 13� 1971 � PLE➢GE OF ALLEGIANCE: 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£ December 13, 1971 to order at 7:30 P.M. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Breider, Kelshaw, Kirkham MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Kirkham suggested that Item #9 be added: Receiving Liquor License Applications from Sandee's Cafe, Fridley Recreation and Service Co., and mhe Ground Round. MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by Counca.lman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. � PUBLIC HEARING ON IMPROVEMENT - WATER, SANITARY SEWER AND STORM SEWER PROJECT #102, ADDENDUM #l: The Crty Engineer showed the proposed area Por improvement on the overhead pro7ector and Mayor Kirkham asked if there was anyone present that wished to comment, with no response. The City Engineer said this improvement has been requested by all the property ownars, with the exception of Fred Yesnes. By completYng this improvement the area would be opened up so that people will have physical access to look at the property. He said he hoped they could proceed with the improvement early enough to get good bids and get the work started yet this winter. MOTION by Councilman Breider to close the Public Hearzng on Water, Sanitary Sewer and Storm Sewer Smprovement Pro�ect #1D2, Addendum #l. Seconded by Councilman Liebl, Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously and the hearing closed at 7:35 P.M. RESOLUTION #156-1971 - ORDERING IMPROVEMENT, FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: WATER, SANITARY SEWER AND STORM SEWEA IMPROVEMENT PROJECT #102, ADDENDUM #1: MOTION by Councilman Harris to adopt Resolution #156-1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor ILirkham declared the motion carried unanimously. � �' r" � �� _ ��� �- SPECIAL PUBLIC HEARING MEETING OF DECEMSER 13, 1971 PAGE 2 � PUBLIC HEARING ON REZONING REQUEST ZOA #71-08, BY GENERAL REALTY COMPANY TO REZONE LOTS 16 THROUGH 22, BLOCK 16, I3AMILTON'S ADDITION TO MECHANICSVILLE FR( R-3 TO C-2: (GENERALLY LOCATED ON THE EAST SERVICE DRIVE OF T H. #47 NORTH O] 53RD AVENUE): The City Engineer showed the area on the overhead pro�ector and said this is located just south of where Little Dearborn will be located. Their rezoning has had a first reading. There are two gas stations operating under an R-3 zoning with a non-conforming u5e and they are requesting this rezoning so they will be within the proper zoning. The Planning Commission recommended approval. Mayor Kirkham asked if there was anyone present in the audience that wished to be heard, with no comments. MOTION by Councilman Breider to close the Public Hearing on the rezona.ng request by General Realty Company. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously and the hearing closed at 7:37 P.M. PUBLIC HEARING ON EINAL PLAT, INNSBRUCK NORTH 2ND ADDITION, BY VIEWCON, INCORPORATED, P.S. #71-03, FOR PHASE I AND II FOR THE TOWNHOUSE AREA, GENERALLY LOCATED ONE QUARTER MILE EAST OF MATTERHORN ➢RIVE AND ONE QUARTER MILE NORTH OF INTERSTATE #694: � The City Engineer showed the plat to the Council and said the purpose was so that each townhouse unit would have its own legal description. These are going to be owner occupied and when sold would be transferred by deed, therefore, they are defining the lot lines. There was no one present to comment on this item. MOTION by Councilman Harris to close the Public Hearing on the £inal plat for Viewcon, Inc., for Phase I and II for the townhouse area. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously and the hearing closed at 7:39 P.M. NOTE: The next rtem on the agenda was consideration o£ the Cable Television Franchise Ordinance, but �the Council deeided to take this up last to allow time for anyone to come to the Meeting that wished to be heard. RESOLUTION i#157-1971 - AUTHORIZING THE CHIINGING OF THE BUDGET APPROPRIATIONS WITHIN THE GENERAI. FUND, AND AUTHORIZING A TRANSFER TO THE LOCKE LAKE DAM FUND �104• MOTION by Councilman Breider to adopt Resolution #157-1971. Seconded by Council- man Liebl. Upon a voice vote, all ayes, Mayor I�irkham declared the motion carried unanimously. RESOLUTION #158-1971 - DIRECTING THE TSSUANCE OF TEMPORARY IMPROVENIENT BODNS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: (Locke Lake Improvement Por�ect #104) � MOTION by Councilman Breider to adopt Resolution #158-1971. Seconded by Council- man Kelshaw. IIpon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. �_Ur? SPECIAL PUBLIC HEARING MEETING OF DECEMBER 13� 1971 PAGE 3 RESOLUSION #159-1971 - DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: (LOCke Lake Improvement Pro7ect +�104) MOTION by Councilman Breider to adopt Resolution #159-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #160-1971 - DIRECTING THE ISSUANCE OF TEMPORARX IMPROVEMENT BON➢5 IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: (SW&SS Project #105) MOTION by Councilman Harris to adopt Resolution #160-1971. Seconded by Councilman Breider. Upon a voa.ce vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #161-1971 - DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: (5W&SS PYOject #105) MOTION by Councilman Harris to adopt Resolution #161-1971. Seconded by Council- man Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unammously. RESOLUTION #162-1971 - DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: (1970 Street Improvement Pro]ects) MOTION by Councilman Breider to adopt Resolution #162-1971. Seconded by Counci]man Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RESOI,UTION #163-1971 - DIRECTSNG THE SALE AND PURCHASE OF TEMPORARY SMPROVENIENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: �1970 Street Improvement Pro�ects) MOTION by Councilman Breider to adopt Resolution #163-1971. Seconded by Council- man Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING COMMUNICATIONS FROM LIQUOR LICENSE APPLICANTS: SANDEE'S C.AFE, FRIDLEY RECREATION AND SERVICE COMPANY, AND THE GROUND ROUND: MOTION by Councilman Harris to receive the communication fYOm Sandee's Ca£e dated November 23, 1971, Fridley Recreation and Service Company dated December 10, 1971 and The Ground Round dated December 8, 1971. Seconded by Councilman Kelshaw. The City Manager said that he was open to suggestions on how the Council would like to proceed further. Councilman Harris said it seemed that at this point there should be some recommendation from the staf£ before Council action is taken. There are requirements set £orth in the ordinance and these guidelines should be followed, such as, there is a requirement for a deposit when an application is filled out. There is also quite stringent checking to be done by the Police Department. The Finance Director said that Howard Johnson"s (The Ground Round) dad file a formal applicataon, but they did not deposit any money. The City Manager pointed out that in the letters he sent out, he had asked for porposals rather than applications. ' � u F�� � t �7 SPECIAL PUBLIC HEARING MEETING OF DECEMBER 13� 1971 PAGE 4 ' Councilman Liebl said that when the people of Fridley were asked to vote on private on-sale liquor, there was a committee formed to set out the criteria. They set up certain basic rules the Council were supposed to follow. There are only three licenses to give out, there are four appl�.cants, including the Fire- side Rice Bowl, and the Council has already made certain commitments to the Fir�a..ae Rice Bowl. There has also been one lzcense set aside for a motel/hotel type of accommodata.on. The Council must look toward the amount of investment they would be likely to bring in, and the applicants must be screened very thoroughly. Mayor Kirkham suggested these communications be received tonight and the City Manager be asked to research the orda.nance to see what provisions they would have to meet. Councilman Liebl asked that the new Council taking over in Sanuary be given the respons�.bility of making this decision, as there is not time now to consider them properly. Councilman Aarris said it was a matter o£ procedure. This Council cannot act until the guidelines set out in the ordinance are met, including the extensive checks that have to be made and the deposits by the applicants. MOTION AMENDED by Councilman Liebl to turn these applications over to the Administration for pxopex proce5sing. Seconded by Councilman Kelshaw. The vote upon the amendment being a voice vote, all voting aye, Mayor Kirkham declared the amendment carried unanimously. THE VOTE ON THE MOTIDN to receiVe the communications, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � ORDINANCE #496 - CABLE TELEVI5ION ERANCAISE �RDINANCE: Mayor Kirkham asked the audience if there was anyone that wished to make any further suggestions, With no one responding. Councilman Liebl asked the City Manages' what his recommendation was in regard to the reduced monthly service charge for the senior citizens. The City Manager said that this was a determination properly made by the Council, however he knew that in Austin, their regular monthly charge to a subscriber is $6.00 and the senior crtizens pay $5.00. He said he had not surveyed a great number of ordinances in this regard. It may be the Council would prefer a lesser discount that the 50� contained in the ordinance. He pointed out that he had added an income ceiling of $5,000 in order to qualify. Mayor Kirkham said he would suggest a discount o£ 200, and added that the Federal agencies are going to direct the airlines to discontinue theix special rates for the senior citizens and students on the grounds they are discriminatory. The City I�anager said he had not researched the legal implications. It may be that this is the start of a number of challenges against the reduced rate certain classifications of people en7oy. MOTTON by Councilman Kelshaw to amend the Ordinance, Section 22, Rates, B,6, to change the monthly service reduction for senior citizens from SOo to 20°a of the xegulax monthly rate charged othex subscribers. The City Manager reported that General Television of Minnesota, Incorporated � indicated to him that the 50� reduction was rather steep, but they would certainly not ob�ect to a 20� reduction. Councilman Liebl said he felt that the senior citizens should be given as many breaks as possible, and suggested a 25% re- duction. Mayor Kirkham pointed out that he knew of no other mode of communi- cations, such as newspapers or magazines, that offer such a reduction. Council- man Breider commented that he would like to see the 50% stay, but would agree to the 25%. � �:, -� SPECIAL PIIBLIC HEARING MEETING OF DECEMBER 13� 1971 MOTION WITHDRAWN by Councilman Kelshaw. PAGE 5 MOTION by Councilman Kelshaw to amend the Ordinance, Section 22, Rates, B, 6, to change the monthly service rate for senior citizens from 50% to 250 of the regular monthly rate charged other subscribers. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to adopt Ordinance #496 on second reading, waive the reading and order publication. Seconded by Councilman Kelshaw. The City Attorney advised that the amendments and changes that have been made since the first reading of the ordinance be adopted by motion of the Council and to have them listed in the Minutes. MOTION by Councilman Kelshaw to adopt the amendments and changes to Ordinance #496 since the first reading and entitle them "Eachibit A", as follows: Page 1 The name GENERAI, TELEVISION OF MIN[VESOTA, INC. and the phrase, "AND CODIFYING SAID ORDINANCE AS CHAPTER 10 OF THE FRIDLEY CITY CODE" have been added to the title of the Ordinance. Page 13 (Section 14,D)...Changed "make available to the City Engineer on his demand" to "shall provide to the City a current map". Page 26 (Section 19,F)...Added number "27" te2evision channels. Page 28 (Secta.on 22,A)...Wording of Rate Section has been reworded and now includes the statement, "Not to exceed $7.50". Page 29 (Section 22,B)...The amount of service charge rates has been included, and the Multiple Family Dwelling rate (5-19 Una.t rate) has been changed to $4.75. Page 30 {Section 22,6)...The Senior Citizen Rate has been added. Page 31 (Section 22,E)...The heading has been changed from "Cablecasting Rates" to "Cablecasting Rates For Al1 Educational, Library, Govern- mental and Non-Profit Community Organization Users". Page 35 (Section 27,F)...The wording has been changed from "Before providing antenna service to any subscriber, the company shall obtain a signed contract from the subscriber containing the provisions substantially as follows: Subscriber understands that in providing antenna service, the company is making use of public right-of-way wa.thin the City of Fridley and that the continued use of such right-of-way is in no way guaranteed. In the event the continued use of such rights-of-way is denied to company for any reason, company will make every reasonable effort to provide service over alternate routes. Subscriber agreea he will make no claim nor undertake any action against the City of Fridley, its officers, or its employees if the service to be provided hereunder is inter- rupted or discontinued. The form of the company's contract with the ' 1 , SPECIAL PUBLIC HEARING MEETING OF DECEMBER 13, 1971 PAGE 6 , subscra.ber shall be sub�ect to approval of the City o£ Fridley with respect to the a.nclusion o£ tha.s provision." CHANGED TO READ: "Before providing antenna service to any subscriber, the company shall notify subscribers in writing that the company is making use of the public right-o£-way in Fridley to provide Cable Television Service; that use of such rights-of-way is in no way guaranteed; that in the event continued use of such rights-of-way are denied for any reasons, the company will make every reasonable effort to provide service over alternate routes and that the City of Fridley, its officers and its employees are not responsible in any way for any interruptions or discontinuance of service". � 1 ��a��, Page 35 (Section 27,J)...The following phrase has been added: ",provided that the subscriber shall sign a release holding the City of Fridley and the company harmless and without liability of any nature if removal is requested". Page 36 (Section 28)...The number of inembers (5) and the length of their terms have been added. Also the phrase: "Committee members to be appointed by majority of Council". THE MOTION seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declaxed the motion carried unanimously. THE VOTE UPON THE MOTION to adopt Ordinance #496, being a roll call vote, Kirkham, Liebl, Harris, B�'eider and Kelshaw voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harr�s to instruot the City Manager to contact General Television of Nlinnesota, Inc. and advise them the Ordinance has been passed on second reading and that they must approve it, and signipy their appxoval by their signature. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Ktrkham declared the motion carried uannimously. ADJOURNMENT: MOTION by Councilman Breider to ad7ourn the Meeting. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously and the Special Public Hearing Meeting of December 13, 1971 ad7ourned at 8:00 P.M. Res ectfully submitted, i L � �,�, / Jue Me��� V Secretary to the City Council u^ ��� �U`l, � "ti,i'..� F� Jack O. KiYkham 4 Mayor