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09/16/1974 - 00015690� � � ���M PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 6 MOTION by Councilman lJtter to adopt the Statement of Canvass, Primary Election of September 10, 1974. 5econded by Counci7man Nee. Upon a voice voie, all voting aye, Mayor Liebl dec7ared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON A REQUEST BY GENERAL TELEVISION INC. FOR RATE INCREASE: Mayor Lieb7 read the public hearing notice. MOTION by Councilman 5tarwalt to open the Public Hearing, Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared ihe motion carried unan�mously and the Public Nearing opened at 7:37 P.M. Mayor Liebl called on the representatives of General Television to make a presentation. Mr. Robert Hinkley addressed the Counci7 and referred to his letter to the City dated August 14, 1974 in which this request for the rate increase was proposed. He explained the request to be for the primary connection rate which had been set at $5,50 per month and was being requested to be increased to $8.00 per month. Mr. Hinkley pointed out that in 1971, the Company had pro,7ected an expenc�iture of one million dollars for the physical installation within the City which would include the construction of the building and the cable throughout the City. Mr. Hinkley continued to potnt out that the total expenditure had mounted to 1.6 million dollars rather than the projected million. Mr, Hinkley continued stating the level of inflation and the tncrease in the cost of money, from 6� in 1971 to 12% at the present time, made it mandatory for the company to request this increase. Mr. Hinkley said the requested amount, $8, would not be put into effect at the present time. He satd they had planned to increase the amount to $7.50 at the present time and if needed, go to the $8.00 in the future. He suggested the Council approve the $8 amount as a ceiling. Mayor Liebl questioned if the cable had been strung, if the studio is completed and the system operable. Mr. Hinkely said yes. Mayor Lieb7 asked if the question of the placement of the antenna had been solved. Mr. Hinkley explained that there would be no further concern by the City of Fridley about the placement of the antenna. He ponted out that the Company had made arrangements to install this on the IDS building to receive the signal from Chicago. He said a receiver would be constructed at the present General Television facility. Mayor Lieb] satd the people have a choice whether or not to purchase the system, but it would 6e the Council's responsibi7ity to make sure that the rates wi71 not be changed in a short time. He said he would like to be sure and see some assurances that the working people can_buy this product. He said he ,felt $8 would be too high, since other companies are averaging $6.95 to $7.00. Mr. Hinkley stated that some company's r�s are over $9 he said he knew of one company charging $8.75 and recalled this was in the Rapid City South Dakota area. He said there is a wave of increases in all of the syytems in the country. He said they have begun to realize they cannot operate any longer at the present r°ate. He firmly stated there �s a new cycle of rate increase because they cannot operate at $6 or $6.50, h� further explained it would not be this way in six months to a year from this time. hir. Hinkley s�ated the City may be granting a htgher rate at the preserit time, but the other companies would be catching up. Mr. Hinkley continued to explain that he thought that he was asking for a fair and honest rate and thought if the company would begiri operation asking for the �5.5C, ihc� peaple would be discouraged tf the rate inceased in a few months. Mayor Liebl said he would like the Company's assurance that they would not be coming in in two years and saying they needed $2.00 more, Mr. Hinkley said he could give the City this assurance hecause he cou7d not se71 the product at this price. Councilman Starwalt asked when the target date for the turn on of the system was scheduled. Mr. Hinkley said he was planning very serious7y on a turn on time of about November 1, 1974. He said this was currently hinging on the delivery of the chicago s�gnal. He continued that thts could have been turned on a month ago, but the Company felt they should deliver the complete system including the distant signal at the time of turn on. lt0 PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 7 Mr. Tom Myhra, member of the Cable Television Commission addressed the Council and said he was the spokesman for the Commission at the presenb meeting in the absence of the Chairman and Vice Chairman of the Commission. Mr. Myhra explained that the consensus of the Commission was that the $8 suggestion would be a fair amount if the entire sum was not used at �he present time but, the addiiional 50¢ would noi be instituted for one and a half years from the beginning of the system. He continued the Commission fe]t after listening to the Company that the added cost and patterns in the economy were justified in the request for the interest. He said this would be a quality system � in Fridley, not only the plant but also the programs. He exp]ained up until this time, the Commission had concerned themselves with the fun aspects of the system and now they had 6een forced to get down to the knitty gritiy and they had been told to make a deci�tc�n of recommendation to the Counci7. Mr. Myhra said the Commission felt the $7.50 was a,7ustifiable amount, eventhough this is a sizea6le amount of money. Mayor Liebl asked how many of the members of the Commission were present at this meeting. Mr. Myhra said Father Ed was absent at the first meeting and Mr. Haines was absent at the second meeting. He said at both meetings, there was a unanimous vote. Mr. Myhra indicated he did not know how Mr. Haines would have voted. Mr. Zeglen said he had talked to Mr. Haines and he favored the current proposal, Mayor Liebl asked �f there would be an open house. Mr. Hinkley said he did not think there would be a formai open house planned before the system was to be turned on. He pointed out that there had been some programing done out of the Fr9dley studio and people are welcome at the studio faci7ities. A member of the aud�ence said, "We don't have to take it, or pay for it�" and Mayor Liebl said no. It would be the people's privilege to hook up to the system, and if they did not want to, they did not have to. He said if the people choose to hook up they would be paying $7.50 per month. Mr. Hinkley said it seemed to be the feeling of the audience that if the Company failed, the City would take over. He coniinued, this is not true. He said the Company would be allowed so many days to remove the cables from the City. Mr. Richard Harris, 6200 River View Terrace, asked if it would customer to re,7ect the service after beginning to take it. Mr could re,7ect the service at any time and at any day, there is involved. be possible for a . Hinkley said the customer no service contract Councilman Breider said one thing the Council had put into this was that there would be no disconnection fee. Mr. Harris cont�nued saying the C�ty does have the option to pick up the business if the Company fails. Mayor LIebl said this would be if the City had the money and wanted to get into the Cable Television business. Mr. Myhra said he was on the Comrriittee and had looked at this ordinance before it was passed. He said at this time the Committee felt the City should have the first right to purchase, Mr. Hinkley read this portion of the ordtnance which said the City could condemn, purchase or drive the Company out of the City. � Mr. Hinkley said there would be a deposit �dhYCh would not be for the Cable service but for the converter which is used because there would be more channels than on a normal television. He said ihis would be 16 channels and this converter makes the average set accept more than 12 channels. Mr. Hinkley further exp7ained that this converter cost the Company $35. He said just 7ike the City who is not allowed to charge a monthly charge on the use of the gear, and also unable to receive the money from the customer without paying interest on the money for deposit, at the end of � the use of the equipment by the customer, the customer would get the money_back plus �nterest that had accumulated over the period of time of the usage. Mr. Hinkley further explained that the Company is in the process of formulating a policy for allowing the customers to pay partial payments for the use of the converter rather than making a lump sum payment. He explained the Company would have to require the deposit, explaining that the converter is so much fun, that the people will want to take them with them for use on their regular te7evisions to change channels. A member of the audience asked if the service is disconnected, would the customer be returned the deposit. Mr. Hinkley said yes, the customer would get the money back and the Company would get the gadget back. 1�1 PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 8 Mayor Liebl asked what would happen if the converter did not work. Mr. Hinkley said the converter would be replaced. Mr. Hinkley said t�ie Company wants the converter to work properly. Commissioner McDonald, State Cab7e Television Commission introduced himself. Councilman Nee questioned Commissioner McDonald concerning the court regulations on utilities and �their operation for a profit. The Acttng City Attorney, James Gibbs, said this question was before the Supreme Court at the present time. Commissioner McDonald said the Cable Te7evision operation is not a public utility, and thts is excluded from regulatory rates. He said the Commission did receive the rate information and this is all privi7eged information and cannot be revealed. He said the State Commission would have no �urisdiction whatsoever, Mr. McDona7d said to this point he would commend the City and the Company for taking the proper steps. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Pub7ic Hearing on the rate increase by General Te7evision closed at 8:35 P.M. MOTION by Councilman Utter to adopt the first reading of the ordinance, waiving the reading, as set forth in the August 14, letter to Mayor Lieb7 from General Television concerning Section 405.222 as on page 2-C of the agenda. 5econded by Councilman Starwalt. Mayor Liebl said with this motion the rate would be $7.50 for the next one and a half years. Mr. Hinkley said this wou7d be correct and the Company would submit a memo of understanding. The City Manager said this could be submitted before the second reading of the ordinance. �UPON A ROLL CALL YOTE, Councilman Breider, Councilman Starwalt, Mayor Liebl, Counci7man Utter and Councilman Nee voting aye, Mayor Lieb7 declared the motion carrted unanimously and the ordinance adopted on first reading. The City Manager said this would be effective about October 10, if this were passed on the second reading the following week. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 7973-3: MOTION by Councilman Breider to watve the reading of the public hearing notice and open the public hearing. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the public hearing opened at 9:02 P.M. The Public Work Director pointed out that this was work involving the improvement of East River Road from 63rd Way south to Rice Creek and was under ST. 1973-3. HE further exp7ained that this was basically an Anoka County Project. He continued to explain that the price for the curh and gutter in comparison to the normal cost of the improvement of this type {$71,30 per foot). Mr Sobiech said the curb and gutter in this project would be $2.37 per front foot and the side yard assessment would be 46¢ per foot. Mr. Mervin Herrmann, Assessor, pointed out the area to be assessed on the map on the screen. The Finance Director, Marvin Brunsell, said this is consistant with the policy adopted by the City in 1961. � Mr. Donovan Schultz, 15 Rice Creek Way, addressed the Council and asked why this was being done. Mr. Herrmann continued to explain the side yard assessment policy as it related to Mr. Schultz's property. Mr. Silverstein, 6675 East River Road addressed the Council and questioned the method of assessment used on his property. He further stated that the home on this property faces East River Road and questioned why this should be a side yard assessment. The Finance Director said the policy of the City would be to assess the shortest distance of the property as the side street section. He said this wou7d be done by going according to the platting of the property. Mr. Herrmann continued to explain that if the property were p7atted to the font, it only should be assessed to Mr. Silverstein. Now there is a 46¢ per foot on each foot for the side yard. 10� PUBLIC HEARING MEETING OF SEPTEMBER 76, 1974 PAGE 9 There was additional discussion on the method of assessment when the narrow portion was again pointed out to the front portion of the property by both Mr. Herrmann and Mr. Brunse7l. Mayor Liebl stated there would be law suits by peop7e if the policy were changed at this time. He stated, this had been followed for the past 20 years. Mrs. Leslie Wilbert, 110 63%2 Way, addressed the Council and said she had suffered structural damage from the improvement. She said she had forfeited 15 feet of her ' property. She said she was not coniacted, and she felt that the County had taken her 7and. Mrs. W�lbert said she had called the County and they had instructed her to obtain a survey of the property. She explained at the rate of $125, which was quoted to the people across the street when they obtained a simi7ar survey. The City Manager sa�d the County said they had stayed within their right of way. He explained that people often iimes feel that they own more property than they do because of the amount of boulevard, etc. The City Manager said the City wou7d be able to a�d in this type of survey. Mayor Lieb7 asked the Finance Director if it would be possible for future Councils to assess the property on Rice Creek Way for a side yard assessment. Mr. Brunsell said this would not be possible. Mayor Liebl said before the hearing is closed, he would like to direct the Administration to check out the ownership of Lot number 21, as questioned by Mr. Si7verstein. 7he Finance Director said the on]y change in the assessments in this area that would be brought about by the change in ownership would be a change on the corner ]ot, all of the remainder wou7d be the same. Mr. Brunsell further explained taht the people of the area would have 30 days from the date of the hearing to pay the assessments without the addition of interest. He said after this point, the balance will be placed on the tax statement and charged to the home owners with the taxes over a ten � year period of time at the interest rate of 7Z%. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, a71 voting aye, Mayor Lie61 declared the motion carried unanimously and the Public Hearing closed at 10:04 P.M. EST BY MR. ALVIN SCHNOBRICH, 5649 5TH STREET N. E., TO STOP VANDALISM IN THIS AREA: Mr. Schnobrich, 5649 5th Street N. E„ addressed the Council and said he was told that he would be able to address the Council during the Visitor's section of the agenda, but he had noted that there was no such section on the agenda this meeting and 6eing in poor health, he would like to do this at the present time. Mr. Schnobrich said he had called the inspection� department at City Ha17 and was told that he could not put up a snow fence in the area where he would like to stop the vandalism, He continued to explain the many types ofi problems in his area caused by the dr�ve in theatre being close. Mayor Liebl said Mr. Schnobrich had called him a couple of weeks ago and indicated some problems with the curfew not being enforced in this area. He said he had talked to Councilman Starwalt and also the Engineering department about these complaints, Mr. Schnobrich also suggested that the policing of the area be done at unscheduled or unexpected times during the day so the young people would not know when they are � coming. Mayor Liebl said the Public Safety Director should note this suggestion. (Note: Because of the number of people preseni for the consideration of the continuation of the Public Hearing on the Charter Amendments, Mayor Liebl declared that this item would be taken care of next on the agenda.) CONINUED PUBLIC HEARING ON CONSIDERA7ION ff THE FIRST READING OF AN ORDINANCE AMENDING MOTION by Councilman Starwalt to reopen the Public Hearing on the Charter Amendments. Seconded by Counc�lman Utter. Upon a voice vote, al7 voting aye, Mayor Liebl declared the motion carr�ed unanimously and the public hearing reopened at 10:10 P.M. Mr. Ray Sher�dan, Chairman of the Charter Commission addressed the Council and said he PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE ]0 � O �� placed a call to C�ty Hall and dictated a letter to the City Council. He indicated he had received the minutes of the public heartng section of the meeting of September 9, '1974 in which this toptc was discussed. Mr. Sheridan read the letter which was within the agenda alour� to the Council and audience. Mr. Sheridan said he was in attendance at the meeting to answer any questions about the proposed Charter Amendments. Mayor Lie61 said he concurred in everything that the Charter Commission had recorrunended � as they appear on page 6-A through 5-J of the agenda and were adopted unanimously by the Charter Cormnission. He said the amendments would have to be adopted unanimously by the Council to pass in ordinance form or they would be submitted to the people of the Ctty at an elect�on. The City Attorney said the Counctl would have the alternative to approve a portion of the proposed amendments and leave the rest up to the people. Mr. Sheridan satd the schedule had been set so that if the proposed amendments were not adr�pted by the Council in whole, they could be put on the ballot �n P�ovember. Mayor L�ebl asked if the recorranendation could be submitted to the Council for further study the neht year. Mr. Sheridan said this would be possible. Mayor L�ebl asked if there was anyone on the Council that did not agree with the proposed recommendations as submitted by the Charter Comnission. Mayor Liebl said he concurred with the recommendation of the Charter Commission. Councilman Utter said he had made this clear last time, he said �e nembers of the Charter Commissi�n had been picked by a judge and this was no politicai endeavor. He mentioned the amount of time and study that had been put into the recommendations and said the amount of work would deserve credit and he added, he would have to go along with the Charter Corrmission recommendation. Councilman Breider said at the Public Hearing, the last two �tems had been discussed � extensively, this was the filling of vacancies in the Council and the Special Election withtn 60 days to fill the unexpired term. Mr. Sheridan �id the Charter Commission felt that this should be left as �t is and that the Council could appoint until the next election. He said they were more concerned about the total expense to the City under the current procedure. Mr. Sheridan said this proposal could 6e studied for the 1975 session and the Commission could make suggestions for or against this proposal. He said the Commission had not made a recommendation to I chang� the proposal. Councilman Breider said he would like some flexibility in the Ordinance,he questioned tf the term would run out in October and the person would have to run again in November. Mr. Ray Sheridan said the special election would be for the unexpired term in this case Councilman Breider said the only other part where there was much question was that portion pertaining to the circulation of petitions. He said according to the proposed language, it would be the committee's responsibility to inform the circulator of petitions of the lawful procedures to follow and this would mal<e the entire group cognizant of the proper way to or�entate them. He said this would provide guidance �n this area. Couniclman Breider said he felt this should be done administratively and he sa�d he would concur with the recommendations of the Charter Commission. Mayor Liebl said if additional information is submitted on these quet�ons, this should be submitted to the Charter Coirenission for additional study of the matter. � Counc�lman Starwalt said he agreed with the full recommendation of the Charter Commission. - Councilman Nee satd there is only one piece of the recommendation that he disagreed with and this would refer to the 55% criteria for initiative petit�ons. He said this power should be granted by the public and he felt the public should vote on this. He said he would vote agai�st the entire recommendation because he felt this shou7d be, in many cases, handled by the public vote, but he would disagree with this particular one if submitted as an individual ballot item. He said if submitted in a ballot, he would vote yes on all but the one on the 55% criteria Mayor Lie6l referred to the staterr�n� made by the people attending the previous public hearing meeting of the Council. He said he would like to listen to the tape of this Charter Commission section of the meeting and the discussion. Mayor Liebl said maybe, we should have th� typed up. Mayor Liebl said he would like a detailed copy of these minutes. He continued stating he did not hink the minutes reflected what had been said at the meeting. �o� PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 Councilman Utter agreed with Mayor Liebl. PAGE 11 Mayor Liebl said he hoped the minutes are not erased and he directed this statement to Mr. Herlofsky, Administrative Assistant. He again said he would like a point by point description of what the people had said. Mr. Sheridan said all but one of the items would be voted on by the Council in ordin- , ance form. Councilman Nee clarified his position by stating he would rot vote against any of the items except that one, but he felt the passage of these items should be done by public act. Mr. Sheridan sa�d Mr. Nee did not go along with this type of legislation by ordinance. Mr. Sheridan continued if it is not done by unanimously vote, this should be placed on the ballot. Mr. Sheridan suggested that the cost of this matter going on the ballot should be studied by the Administration and submitted to the Commission. He also felt that this may be more feasible if this was done in a stage by stage vote Councilman Breider said some of the items are clean up items and asked if there would be any way of isolating some of the items. Counc�lman Nee said if this is to be adopted in time, it would have to be submitted to the electorate. Ne used the example of the Administration spending to be going from $1,000 to $5,000 and said this change should be done by public act. Councilman Nee sa�d he favored giving the Administration the latitude. Councilman Nee continued stating many of the items in the Charter recommendations are policy things, the interest and bonds may not be but one half dozen things are for the convenience and would increase the descretion of the Admin�stration. Councilman Nee said he did not wish to be rude to the Commission and he intended to vote for all but one section. He said some of the areas of question should be placed on the� ballot. Mayor Liebl said the Charter Commission had researched other City Charters to come up with this recommendation. He said the recommendation had been acceptable to him. He said now the burden lies with the Commission as an offical and practical matter of gett�ng this on the ballot. MOTION by Cou m clman Utter to close the Public Hearing. Seconded by Councimlan Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 11:09 P.M. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR 1974 SERVICE CONNECTIONS: The Finance Director said this would apply to those who are connecting to the existing line and had not 6een assessed before. He said this was done by Ordinance Nu. 113 and Resolution number 86-1962. MOTION by Counc�lman Starwalt to open the public hearing and waive the reading of the Public Hearing notice. Seconded by Councilman Breider. Upon a voice vote, all votin9 aye, Mayor Ltebl declared the motion carried unanimously and the Public Hearing opened at 11.10 P.M. Mr. Howard Crabtree, 7100 Riverview Terrace question�l the matter of obtaining credit for the xost of connection. The Finance Director assured Mr. Crabtree that this was correct and said he would be in touch with h�m on this matter and he would receive the ' credit if applicable. The Assessor, Mr. Mervin Herrmann, said he had talked to Mr. Akbar Sajady, 6745 East River R�ad who Niad also questioned the credit. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 11:13 P.M. MOTION by Councilman Starwalt to adopt the roll for the 1974 Service Connections with the exception of the two questions to be answered 6y the Finance Director and with a credit if appl�cable. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr�ed unanimously. � PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 12 7Vi�? PUBLIL HEARING GN iMNRUUEMENT: SEWEk, WATER AND STI)RM SEWER 1MPROVEMEPiT PROJFCT N0. 116: MOTION by f,ouncimlan Ut±er to waive the reading of the Public Hearing notice and open the Public �earing. Sec�nded by Cou7ci1ma�,�See. ��on a v�ice voie, all voting aye, hlayor Liebl declai°e� the motion carrted unanimously and the Ful�lic Hearing opened at 11:17 P.M. -ihe Fublic Works $19.32 per fooi, per square feet. Girector saia the sam tary sewer lateral wiil be in the area of the waier iaterai is b21.15 per foot and the storm sewer is �6.52 100 He furLher ex�la�ned that Zhe Pro�ect fuo. 116 ts the remainder af this area and entirely on Greaz Nori.nern IndusLrial plat siLe. Mayor LieC�l asked if ihere were any questions from the Burlington fuorthern people. A represenLai.ive of Burlington IVorthern said they haa petitioned for thP improvement, they want te have the work done, but ihey dic� not want ihe �vork to be done ali at one time. Mr. Dave Olson, Industrial Development ��vision, questioned if the lines as shown for the development would put the sewer lines on the Railroad tracks. The Public Works D�rector said this was the houndary for the storm sewer. �lnozh�r representative of the Company said they would liice i,he work to Le cione when they need it done. Mayor Liebl said it would 6e necessary to obtain i.he specifications for the project. The City Manaqer said they had hPld the hearing on the enLire improvement so they could w�rk with Burlinqton Northern and the Company would not have to come back to the Counc.il for a hearina at every step of the development. If the laterals are to be put in in tne future, th�s will be the owners deci.ion. Councilman Utter questioned the estimated cost for the whole pro�ect and asked if � �n two years there would have ±o be a new orice The City Manager satd the estimates are high znough to reflect ihe a�dition to the cast i�� t5e future. 1;e said he iioped this improvement would not be stretched over *he next ten to twenty years. He said if the difference is Loo far out of l�ne, they would notify the Company and the assess- ment would have to be changed. � Tiie represenzative said he had been pieased about the way the other pro,7ect had gone. He add�d with i:he cooperaLion of the City, ine developmeni 3s comina along. The representative of Burlington Northern said if Lhe CiLy would have troubie with the bids, would they notify B�irlington Northern about ±his. The City Manager said tPiis would be done. hwTiuW by i,ounciiman Utter to close the Fublic Nearing. Seconded by Councilman Starwalt. Upon a votce voie, all voting aye, Mayor Liebi declared ihe motion carried and the Public Hearing closed at 11:28 P.M. CONTINUE� PUBLIC HEARING ON BUDGET FOR 1975 (CONTINUED FROM SEPTEMBER y, 1974). Mayor �ieol suqgested Saturda,y, September 28th f�r the bu�get mee*ing f,ounci1man Breider said he �NOU7d be out af town at this date. The C�ty Manager said the mill levy would have to be submitted to the County by the lOth of October. He hooed that this could be done earlter because this tioiald reauire some paper worK after the meet�ng witn the Council r order to submit the documentation. Mayor Liehl said he would like two to tnree weeks to go through the budget Mayor Liebl continued to explain that the City Manager had cut a�reat deal from the indi�ridual departments at the present time. P"ayor Liebl sa�d t��e merbers of the Cour�cii wc,uld have to do their h�meutork and he would like to make this a Saturday rathPr than an evening meeting wfiich would mosi likejy go �nto the eari;/ morn�ng nours. The City i�lanager said Lhis would have to be submitted by the i0*h to the Coianty and the City Council would have tio adopt Lhis by tihe 7th. Counc�lman Breider said he would submit m s svritLen comments before this time. i�layor Liebl sa�d the meeting would 'oe Sazurday morning at F3 H.W1. MOTION 6y Councilman Utter to close the Public Hearing and that it be continued to Saturday, September 28. Seconded by Counctlman Breider. Upon a voice vote, all voting � 0 C� PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 13 aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on the budget continued until Saturday, September 28, 8 A.M. ORDINANCE N0. 569 - REZONING �RVPI R-I� EET N. E.: EST ZOA #74-02, BY BERKELY 181 The Public Works D�recto r said he would recommend the second reading of the Ordinance , at this meeting. He said the appropriate agreement has been submitted. He also sa�d he would recommended that the ordinance be adopted. ��10TION by Councilman Nee to adopt the Ordinance on second reading, waive the reading and order publ�cation of the Ordinance. Seconded by Councilman Breider. Upon a roll call vote, Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Nee, and Councilman Breider voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Nee to concur with the agreement and authorize the Mayor and City Manager to sign the agreement. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unannimously. NEW BUSIfJESS: CONSIDERAT JAMES LUIVD EST, SAV #74-03 MOTION by Counc�lman Breider to waive the reading of the ordinance and adopt the Ordinance on the first reading Seconded by Councilmam Utter. Upon a roll call vote, Mayor Liebl, Councilman Utter, Councilman Nee, Councilman Breider, and Councilman Starwalt voting aye, Mayor Liebl declared the the Ordinance adopted on the first reading. :�� RECEIVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF AUGUST 26, 1974: ' MOTION by Counciman Breider to receive the minutes for discussion purposes. Seconded by Councilman Starwalt. Councilman Breider questioned the installation of the score board. Councilman Utter said he had talked to Mr. Brown, Director of Parks and Recreation,�and the City Manager concern�n9 this installation the previous Friday, and this will be installed with a temporary hookup for the time being. The City Manager said this is be�ng taken care of this �veek. Mayor Lie61 called the Council's attention to the memo from the Planning Assistant, Jerry Boardman, and read it to the mem6ers of the Council and audience. Councilman iVee said he agreed with the content of the memo. Counci�liman Utter said he also agreed. MOTION by Councilman Nee to concur with the memo from the Planning Assistant, Mr. Boardman concerning the fencing of parks and the City's policy. Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, Mayor Liebl declared the motion carried unanimously. UFOfJ A ��OICE VOTE, on the motion by Councilman Breider to rece�ve the minutes of the Parks and Recreation Commission, seconded by Councilman Starwalt, all voting aye ' Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT ON ARMORY PROPOSAL FOR THE CITY OF FRIDLEY: The Public Works Director said at the July 15th meeting of the Council he was instructed to investigate the possibility of the construct�on of an Armory in the City of Fridley. He continued his presentation stating he had broken this study into three areas; loca- tion, cost and mum cipal and civic uses of such an Armory. Mr. Sobiech said the site requ�rements are 350 feet by 350 feet or a total of 2.8 acres. He mentioned a possible site in the 20D foot C�ty owned strip of property between the Columbia Arena and the C�ty Garage. It would be possible that the nursery area could be extended and said that he had talked to Arioka County about the sharing of the garage fac�l�ties. He mentioned rather than take the area with many 1�� PUBLIC HEARING MEETING OF SEPTEMBER 16, 197� trees fur park�ng, the �oint use could be invesc�yated. PAGE 14 ylr•. 5o6tech refer�r•ed tc Paye 71-F of �h�e ayer�da ana poirii,ed out ihe layout of the Armory in Hastings as visited by members of the City of Fridley staff. He said tY�e drill h�all is /,000 syuare fee� rn area and has a kitchen area which covlci oe usea for weddings, shows and banquets_, he sa�d tPier�e is also a classroorr� which � cauid be useu For mun��cipal and civic furic.t�ons. The Public Works Director said there wculd he some duplication oi ihe sehool iacii7ties, but a� the schoo"Is there will be no beer allowed or the playing of binao, etc. 7he Pub�ic Vdorks Uirector callecl i.he Counc.il's attentiion Lo p�ge 71-C of the agenda o� vahich the various wst facl.ars were listed for Lhe Armory. He pointed aut that he had used the figure of 9% per year as the amounz tor the infiaLion figures. He said this would bring the total cost in 1977 to $60:a,�5fi.21 �vith the City's share of this total ta be '�91,37:i.43 or a to�dl ar' $7,730 per year Mayor Liebl said the Governor had asked him to try to get a mediczl un�t in the Gity of Friu�ey. He concinued, the Uovernur hao si;ateri that any um t wou�id be goad for i.he City oi �eiuley. The City Manager said there would also be a commitment for the price of the land and fir�anc�a� help. The City Fttorney added that Lhis would Lake a simp�e maiority vote to pass this type of resolution. ��ayor Liebi scated he is in favor of Lhe Armory. Councilman Utter mentioned that the Lounty hac: macle scrr�e plans to expano the Ice Arena, anu he yuesLioned wh�ch way this construction would run in this area. The Public Works Director said that this would have no effect on the construction. Mr. Clement F. Wall, 6860 7th 5treet N. E., addressed the Council and said that he had been a raer�ber of the �+aLionl Guard fur the past i3 years ar�d had aiso been a resident � or the City of Fr�dley He said he had t,een wiped out �+n tFie �tay 6th �ornado of i965. Mr. Wall said he had read in tt,e Sur� tFiat the Armury proposal would be discussed at the present meeting. He also indicated he had read some of the other comments made at the �revious ��eecu�gs of the Cauncil. Mr. Wali sasd the con7mum ty wouid �e abie Lo use the Armary six or ScV2Y1 ni�hts a week. He said the Guard only uses the Armory one time a week, He said Armories have been used as iemporary churches, they have housed people in time of disasters, and ment�oned that there are cots ar�d blankei:s in the facilities anci also medical su�+plies. Ne sa�d he had t�eaci }n �he Sun thai; i.here is the sf,orage of qunc in ihe Armory. He sa�d that he was appeariny at this meetiny un his own as a private cit�zen ana not a represent- ative of the Guard. He also pointea out tinat the firing pins are taken from the equip- ment and stored in a bank vault or in the police department, etc. He said this is sealed �ri conta�ners a�id lias a 24 Fiour watch. Ne saae� he th�ught fertiilz2rs and gasoline that is sLOre;l in garayes is more dang�raus. Mr•. l�all werit on to list several of the other aciivit�es he is invoivea in through the rnstallation of the Guarci, suchi as the donation of blooci, entertainment of disadvantaged chiidren, vis7cs i.o ch�ldrens hospitals, etc. Mr. Wall sa�d the tents from ihe Guard are donated for the area functions. hir. Wa11 asked why he sliould have to drive ta �r.+est St. �au' ta �lrill, h� sa�a h� would rather have the Guard unit in his own community. Mr. Waii aiso pointea oui that th�s would bring $1,000 to the City for each spec�alist fourth class and with , 65 in the uverage unit, this would �ae a total uf b65,G00 per year comina into mostly i{se comrnun�ty. - Mr. Wall said he had a son and he hoped hw would never have to wear a um form, but unt�l everyth�rg in the community is settled, the police or the National Guard would be nzeuzd. Mr. Ed Nlilmes, addressed the Council and said he is in agreement with the staff and the yentleman who �ust spoke. he weni, ar� the explain the type ef heip that h�d been uhi.a�ned througi� the various military organizations for the lslands ofi Peace. He suid the Nat}onal Uuard is concerned about saving iife and protecting �roperty. Mayor Liebl read the letter subm�tted to the Council from Mr. Casper M. Call�s, American Legion Post #303. 1_n� PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 15 MOTION by Councimlan Utter to receive the letter from Mr. Casper M. Gallus, Post Com- mander, �erican Legion Post No. 303, with no date. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked when this would be on the agenda for consideration of the construction. The City Manager said th�s could be brought back in the form of the appropriate resolution for action. Mayor Lie61 stated thts was to be done by October. Mayor ' Liebl su99ested this be done at the first meeting in October or the 7th of Qctober. MOTION by Councilman Utter to make it a part of the minutes that the resolution of intent be brought back to the Council at the October 7, 1974 meeting of the Council. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF REQUEST FOR SLATS IN FENCE ON WALKWAY, REQUEST BY BERT SLATER, 128 RIVERSEDGE WAY. MOTION by Councilman Nee to receive the letter from Mr. 5later requesting slats in the fencing, dated August 28, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to concur with the recommendation of the Public Works Director. Seconded by Councilman Nee. Mr. Slater asked if his neighbor had been notified concerntng this proposal. Mayor Liebl said no, the Administraiion wanted to find out if this proposal was okay with Mr. Slater first. Mr. Slater said he would like to have something to say about the color of the slats. The Public Works Director said the other party would be contacted to see what she wants. He said if the other property owner does not want this type of installation, the , Administration would work this out with Mr. Slater. UPON A VOICE VOTE, all vot�n9 aye, Mayor Liebl declared the motion carried unanimously RESOLUTION N0. 94-1974 - CONFIRMING ASSESSMENT FOR ST. 1973-3 STREET IMPROVEMENT PROJECT: MOTION by Councilman Nee to adopt Resolution #94-1974, conf�rminy the Asses�sm�nt� Por ST. 1973 StrPet Imtrrovement Pro�ect. Seconded by Councilman Breider. Upon a v9ir.e vote, all voting aye, Mayor L7eb1 declared thennotion carried unanimoualy and Resolution yo. 94-19�4 adopted. RESOLUTION N0. 95-1974 - TRANSFERRING CERTAIN COSTS FROM MOTION by Councilman Utter to adopt Resolution No. 95-1974, transferring certain costs from the St. 1973-3 Street Improvement Pro,7ect to the ST. 1975-3 Street Improvement Pro,7ect. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carr�ed unanimously. RESOLUTION N0. 96-1974 - CONFIRMING ASSESSMENT FOR 1974 WATER AND SEWER MAINS, LATERALS nnin r�r�.rrn rnunirr�rrnnir_ MOTION by Councilman Utter to adopt Resolution No. 96-1974 confirming assessments for 1974 water and sewer mains, laterals and sewer connections. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unammously. RESOLUTION N0. 97-1974 - ORDERING IMPROVEMENT, FINAL PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: SEIJER, WATER AND STORM SEWER IMPROVEMENT PROJECT N0. 116: �IOTION by Councilman Nee to adopt Resolution No. 97-1974, order�ng improvement, f�nal plaris, specifications of the Costs thereof: Sewer, Water and Storm Sewer Improvement Pro�ect No. 116 Seconded by Councilman Utter. Upon a voice vote, all voting aye Mayor L�ebl declared the motion carried unanimously. APPOI"JTMENT. FRIDLEY ENVIRONMENTAL OUALITY COMMISSION: The City Manager stated the minutes of the meeting had indicated that there was a vacancy and this had been brought to the attention of the Ward Councilman. � � � PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 16 I ll`{ Gouncilman Starwalt said Mr. James Langenfeld, Chairman of the Environmental Quality Commission, had called him concer m ng this matter. MOTION by Councilman Starwalt to appoint Mr. Le Roy Oquist, 1011 Hackmann Circle, 788-2229, to the Environmental Quality Commission. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES• Carl J. New quist, Prosecutor Smith, Juster, Feikema, Haskvits & Casserly Sutte 125Q Butlders Exchange Building Minneapolis, minn. 55402 August, 1974 billing for Prosecution work MOTION by Counc�man Utter to approve the Estimates Seconded by Councilman Nee Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING CITY OF FRIDLEY FINANCIAL STATEMENT AS OF DECEMBER 31, 1973, FROM GEORGE M. HANSEN COMPANY: MOTIO� by Councilman Breider to receive the Financial Statement as of �ecember 31, 1974 from George M. Hansen Company. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unan�mously. RECEIVING THE COMMUNICATIDN FROM MR. PAUL M. LUBRATT, 424 RICE CREEK BOL'LEVARL'� Mayor Lte6l read the letter te the Council and audtence. M�TION by Courcilman Utter to receive the letter froir. Faul �1. LuSratt, 424 ��ce Creek Boulevard dated Septenber 6, 1974. Seconded by Councilman Plee. Upon a voice vote, all voting aye, Mayor Liebl �eclared the �notion carried unar�imously. REQUEST FOR SPECIAL JOINT MEETING OF PLANNING COMMISSION AND COUNCIL BY Mr. Narris asked if the meeting had been set up for the coming week. Tne �ity I�lanager said the Council had been given two �ossible dates for this type of ineeting. Councilman Utter said the Council had talked about a d�nner meeting. Mayor Liebl indicated that there were concerns such as signs that should be taken care of at the suggested meeting. He suggested a dinner meeting. Councilman Ereider suggested this start at 6:00 at George Is In Fridley Restaurant. He indicated he would have to be someplace at 7:30 that evening The City Manager said the admim stration would notif� the members of the Plannii�g Commission. Councilman Nee said he would rather the meeting 6e held at City Hall Mayor Liebl said the Counc�l would not be adopting anything, there would 6e no action taken. ADJOURP6'4ENT: MOTION by Councilman Utter to ad,7ourn the meeting. Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor L�iebl declared the motion carried unanimously and the Public Hearing meettng of the Fridley City Council of Sept�mber 16, 1974 ad,7ourned at 12:44 P M. Respectfully submitted, �� trom Secretary to the City Council Date Approved. /�" �"7T ���� � Frank G. LiebT Mayor