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11/08/1976 - 00014675i� Il • ���' THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COLIPICIL OF NO�EMBER 8, 1976 The Public Heartng Meet�ng of the Fridley City Council of November 8, 1976, was called to order at 7•32 p m. by Mayor Nee PLEDGE OF ALLEGIANCE Mayor Nee led the Council and the audience in sayinq the Pledne of Alle4iance to the Flac� ROLL CALL: MEMBERS PRESENT PIEMBERS ABSENT ADOPTIOPJ OF AGENDA. Counctlman Fitzpatrick, Councilman Starwalt, Councilwoman Kukowsk�, Councilman Har�ernik, and 61ayQr Nee. None MOTION by Councilman Hamern�k to adopt the actenda as submitted Seconded by Council- woman Kukowski Upon a voice vote, all votina aye, Ma,yor Nee declared the motion carried unan�mously PUBLIC HEARINGS � PUBLIC HEARING ON REZONING REOUEST, ZONIPJG ORDINANCE AP1ENDMENT 7DA ;�7G-03, BY EVERT SWANSON, TO REZONE FROM C-1 AP�D R-1 TO R-3, INTERSECTION OF 73Rn /1VENUE A�JD CENTRAL AVENUE RECEIVING PETITION #17-1976 IN FAVOR OF REZONIfJF REOUEST AP1� PETITION #18-1976 0 rn nrvnnirnir nrniirr�r PUBLIC HEARIPJG ON FINAL PLAT SUBDIVISION P rvrnT ri.innionni 75- TDU!�1HOUSE ADDITI COflSIDERATION OF T041NHOUSE DEVELOPP^ENT PLA,fJS, T 76-03, BY EVERY S�n�FlIVSON BY � MOTION by Councilman Starwalt to wa�ve the reading of the Public Hearinq notice and open the Public Hearing. Seconded by Counctlwoman Kukowsk�. Upon a voice vote, all votinn aye, Mayor Nee declared the motion carried unam mously and the Public Hearina opened at 7 34 p m P1ayour hJee stated that this matter is before the Council with the recommendation of the Planning Commission and there are two petitions, numbers 17-1976 and 18-1976. Petition r�U-1976 is in favor and Petition #18-1976 is onoosed MOTION by Councilman Starwalt to Receive Pet�tion �17-1976 in favor of the rezoning. Seconded by Counctlwoman Kukowski Upon a voice vote, all votrna aye, Mayor Nee declared the mot�on carried unantmously. MOTION by Counc�lman Starwalt to receive Petition #18-1976 in opr�osition to the rezom nq Seconded by Councilman Namernil�. Unon a voice vote, all votinq aye, Mayor Nee declared the motion carr�ed unanimously Mr. Dick Sobiech, Public Works Director, led the dis�ussion statrnq that this is a � request for rezom nn a parcel of pronerty aenerallv located on the northeast corner of Central Avenue and 73rd. The ex�strna parcel consists oF a certatn amo�m t of C-1 zon�d property and a portion of R-1 zoned nropertY The request is to rezone all to R-3 whtch would allow for a tov�nhouse tyne development. Mr Sobiech continued statinq that to the north is nresently zoned C-1 and C-1 up to Onondana; to the east �s nenerally sincale famtl!� zontnn; across the street is the exist�no P1-1 and ana�n, cor�mercial at the intersection of 73rd. The Planning Commission did reco�r�end apr,roval at the Commission's meetine and ther°e were two petittons recetved--one in favor with quite a nur�ber of siqnatures and the other in oppositton whtch had two s�gnatues. The general la�rout of the nroposed development incorporates PUBLIC HEARING MEETING OF NOVEPIBER 8, 1976 PacE z the existtng C-1 zoned property off Central Avenue, toaether with the R-1 property approximately 300 ft. off Central Avenue He further stated that it is the intent of the developer to construct six structures which would allow for th�rty-six un�ts of townhouse development. It should be pointed out, howevei°, that there is a recommendat�on from the Board of Appeals wtth a request for varying the existtnq townhouse area requirement from five �acres to three acres. There is a recommendation for approval The actual recommendation from the Board of Appeals, however, will come before the Council in disposition of the rezoning; but for the present public hearinq purposes, there is a pendin9 hearings request. Mr. Sobiech further stated that at the admin�strat�on level, they felt that the variance request is legitimate in that one of the requirements of the townhouse development is to comply with certain density requirements For the R-3 dens�ty requ�rements for R-3 zoninq, the townhouse density requirements would be 3,000 sq ft per um t, and with that they are complyinq with the density requirement for a R-3 zoned area. Mr. Sobiech also pointed out that at the Plamm �q Commiss�on meetina, another matter came up for dtscussion involv�ng setback requtrements from exist ma R-1 propert�es One of the stipulations was that the petition for the rezo m nq indicated that certa7n minimum setbacks would be incorporated Also as noted in the Minutes, the pettt�oner• dtd resolve with the property owners that this plan would be adopted Thev �m tially wanted 35 ft. from all residential properties and the existinq plan is 26 ft to the east and 30 ft. on the west and south, minimum There is an aqreement with the petitioner that he will shift the location of the two easterly structures in order to provtde the 40 ft set6acks north and south. Therefore, as far as the set6ack require- ments are concerned, they are in conformity. In regard to the parking requirements, they do have an adequate number of stalls in excess of what is requtred P1r. Sobiech then mentioned that Mr Evert Swanson was in �attendance for questtoninq on the matter Mr Al Hoffmier, architect on the pro�ect, then cnmmented that this is not a large pro�ect wherein a lot of ftnancinq to put the pro�ect across will 6e needed The pro�ect is gorng to be done in a very simple manner Mr Hoffm�er further stated that there are no ame m ties with a pro7ect of this size because they are anticipatinq that the owners of the townhouses w�ll be usrna the facilities that Fridley already has. Insofar as the pro�ect not beinq successful in terms of financinq, Mr Hoffmier stated that it ts easier to finance a simple pro�ect rather than a larqer more compl�cated pro�ect P1r. Sobiech along with �1r Hoffmier, then approached the Council to look over the architect's plans P1r Hoffmier st�ted to the City Council that they were tryinq to make the most flexible type house that people can afford. Mayor Nee then commented to the audience that there were people present on this matter and asked those concerned to come up for discussion. P1r Hoffmier stated that as the different stages progressed, they would put up fenctnq. Councilwoman Kukowski stated that she was concerned about the neiqhbors Mr Hoffmier commented that he was concerned, too, as they do not want people cominq throuqh their property A visitor asked Mr Hoffmier if the area is rezoned R-3, what is qoinq to keep him from putting apartment buildings in. P1r Hoffmier responded that they are making a committment Mr Hoffmter further stated that �f they cannot sell 36 respecta6le townhouses, they would not ask for the rezoning Councilman Starwalt stated that the concern of some of the neiqhbors was ifi the �portion wh�ch is now R-1 is zoned R-3 and if the pro�ect does not go, nothing would preclude there ultimately beinq apartments there, and trns was somethinq that the neighbors did not want. P1r. Hoffmier stat�d that once the townhouses are suqqested and zoned R-3, with the setback requirements and everyth�nq else, it would be impossible to get apartment buildinas in there. Councilman Starwalt then stated that in the past there have been chanqes on the part of the developers, and he would like to avoid tellinn people one thinq and then a year or two later something else nappens Counc�lman Starwalt further stated that perhaps if there was a stinulatton on tf�e rezoninn wh�ch could be continqent upon the total concept being built, Lhis would possibly be a way to qo. Mr. Hoffmier commented that either the whole thinn should be rezoned R-3 or forqet it icei' PUBLIC HEARING PIEETING OF NOVE�1BER 8, 1976 PAGE 3 Mr Qureshi, City Manager, stated that there were three choices: (1) It can remain R-1, (2) Rezone to R-2, and (3) If rezoned R-3, there could be some kind of a covenant filed against them to restr�ct them Mr Virgil Herrick, City Attorney, stated that the covenant would have to be filed by the owner--not the C�ty. He further stated that there was one other possibility, althouqh somewhat untried, in that there is a kind of emerqing ser�es of cases in zoning that would permit contractual zoning wherein the developer of the C�ty enters � into a contract prior to rezoning a piece of property This is, however, quite new and has not been tested. Mayor Nee asked if it would automatically refer to R-1 Mr Herrick responded that it could possibly be made part of the contract and tf the development does not take place as described in the contract, within a certain period of time, the rezo m ng would revert back to what it was previous to the request. Mr. Herrick suqgested that a draft proposal could be drawn up which would incorporate what the developers are talkinq about and an aqreement between the owner and the C�ty Councilwoman Kukowsk� stated that the matter was not qoinq to be voted on by the Council at tnis time. Mayor Nee stated that th�s would come up aqain for discussion next Plonday at which ttme it would be the first read�ng of an ordinance, 6ut they would have an indication at that time Mayor Nee then commented that Councilman Starwalt would want to have a draft of a contract at that t�me Mr Herrick stated that he would have one drawn up. MOTION by Counctlman Fitzpatrick to close the Public Heartna on the rezoning request Seconded by Counc�lman Hamernik Uoon a v.,ice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the Public Hearinq closed at 8:31 p.m MOTION by Councilman Fitzpatrick to close the Public Hearinq on the consideration of the final plat Seconded by Counctlman Starwalt. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8•31 p.m PUBLIC HEARING ON REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #76-04, GORDON A,SPENSON TO REZONE FROM R-1 TO R-3, 6500 2ND STREET N E.: MOTION by Councilman Hamerm k to waive the readinn of the Public Hearinq notice and open the Publir Hearinq. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the notion carried unantmously and the Public Hearing opened at 8:32 p m Mr �ick Sobiech, Public Works �irector, then proceeded to state that this is a request for rezoriing from R-1 to R-3 The Planning Commission did have a public hearing on September 8, 1976, and did recomr�end to Council approval of the request. Mr. Sobiech asked if Mr. Gordon Aspenson was present, and he was. Mr Sobiech further stated that the rezoninq would be to allow for the cons±ruction of townhouse style triplex, wh�ch he and hts staff believe would fit qu�te well and are extremely attract�ve buildinas Mr. Sobiech then referred to the west side of town, R�verview Terrace and Mississippi Street, where there is one �n existence. There were no ob,7ections noted at the Planninn Commission meeting after the plans were rev�evred by the ad,7acent property owners Pnayor Nee then proceeded to ask the Councilmembers if they had any questions, and �here were none. He then asked the audience �f there vaere any questions or comments, � and there was no response MOTIOfJ by Councilman Hamerm k to close the Public Hearrnct. Seconded by Councilwoman Kukowski Upon a voice vote, all votin� aye, MaVOr Nee declared the motion carried unanimously and the Public Hearrn� closed �t 8•36 p.m. PUBLIC HEARING MEETINC OF NOUEMBER 8, 1976 PUBLIC HEARING ON Ih1PROVEMENT: STREET IMPROVEP1ENT PROJECT ST PacF 4 �-1 APlL' 1977-2 �� a :,�� RECEIVING PETITION �19-1976 AGAINST THE STREET iP1PROVEPIENT FOR CHAPJNEL ROAq APlD RECEIVING PETITION #20-1976 IN FAVOR OF THE IP1PROVE��IEPJT OF CHAPJT�EL P.DAD, AND RFCFTVTNG PFTTTTf1N #k71 -147F RFfIIIFSTTNG RIIRI TNGTOPJ NORTHFRN RAILROAD CROSSING AT 79TH AVENUE �MOTION by Councilwoman Kukowski to waive the readinn of the Public Hearinq notice and open the Public Hear�ng. Seconded by Councilman Fitzpatrtck. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the Public Hearing opened at 8 37 p.m. Mr. Sobtech, Public Works Director, dtscussed the pro�ect statin9 that street improve- ment pro�ects are proposed in one of two ways they are e�ther �ncluded as part of a destqnated street tmprovement proqram or they have been requested for imorovement by ad,7acent property owners He further stated that the ma,7ortty of the people who are present at the meetinq thts even�nq are in the �nitial qroup where the�r streets were initially programed 7nto the ten year street improvement pronram At this point in t�me, it is however, proposed that they continue on with the �mprovement program. Mr Sobiech noted that it should be pointed out that the initial proar�m was started in 1969, in which the City of Fridley had rouqhly 75 to 80 miles of streets and approxtmately a third, or 25 miles, were substandard At this point in time, they have averaged a�proxtmately two and three mi1es per year to �mprove the substandard design--eliminating the swale6ack section or improvin� the dirt section He further stated that 1977 wtll he the m nth year, and they have approximaiely four to f�ve miles of street remaining and about two miles scheduled for 1977 The 6asic standard that the staff has been followinn since 1969 is a 36' wide street that has concrete curb and qutter and has 6ituminous mat He then referred to a ' map statina that those noted in red have been improved Some of the earlier streets were installed with the bituminous type of curbinn and �t was determined that that type of curbinq construction has a high maintenance and results in very hinh mainte- nance costs. The concrete curbtna, however, is more effective and can put un with the abuse that the modern C�ty maintenance equipment has to put un w�th in maintain�na the street i.e., snow plowinq and street sweepina � Mr. Sobiech stated that the ma,7ority of the City is done to what they consider a standard design. There is, however, a portion remaininn to the south center of the City and a few sporadic streets that have been elim�nated a± certa�n time periods throuqhout the ten year improvement pronram. The rnitial ten year tmprov�ment program was set up so that certain streets were pronrammed for certain ,years Durinq the ten year process, there have been requests wherein certain residents have wanted their streets improved a little sooner and therefore, the City would then compensate for that and try to improve them as the people wanted them The ma,7ority, however, were put tn accordinq to the proqram and they are approximately 90 to 95% done w�th the proqram. Mr. Sobtech continued that with the standard desiqn section, they first try to improve the dra�naqe situation On several of the streets that are proposed for improvement, there is stand�ng water and this hopefully w�ll be taken care of with the el�mination of the winq6ack desian As noted, Mr Sobiech stated that the ma,7ority of the streets proposed have numerous patchrn�s on thein in an atten�pt to maintain them the best way possible until they qot to the point of the proposed improvement for the spectfic area. Toqether with tryina to eliminate any drainage problems in the area by the installation of the concrete curb and the more uniform cross section to correct the water to the curbrnct and then out to the existin❑ storm sewer structures, they do install various catch basins, and upqrade the various castinns in order to ensure that the drainaqe is taken care of Mr. Sobiech further stated that another important item to note is that the improvement will result in a reduction of maintenance costs by eliminatinn the substandard desinn sect�on. He also commented that the aesthetics of the neiqhborhoods have improved substantially and by proceedinq with what has been a very successful proaram, the quality of life can be maintatned wtth the restdents that do exist in Fridley i :��; .� PUBLIC FIEARING MEETING OF NOVEMBER 8, 1A76 PAGE 5 At the present t�me, the admim stration, based on what has been observed in the past, recommends that the program as proposed be continued to an upqradinn of the remaim ng streets He further pointed out that the present meeting is an improvement hearing and what is decided is whether the improvement should proceed and in an attempt to get as much input from the public as possible, improvement costs are prepared The improvement costs, however, are estimates based on all previous improvement pro,7ects completed in 1976 toqether with data received from the Minnesota Hiqhway Department or ad,7acent commun�ties who have 7ust recently let improvement pro,7ects of a � s�m�lar nature. Therefore, P1r Sobiech stated that the costs 9�ven at this point will g�ve a rough idea of what the improvemen± will cost He admitted, however, that the figures are a bit high but hopefully can come under the estimated fiqures f�ayar PJee commented that the reason this matter is on at this point is that the City has tried to �et the pro7ect defined early in the winter so they can qo for bids. He then asked Mr. Sobiech if he would nive some indication of the buildinq costs Mr. Sobiech stated that in qoinq back approximately five years, everything was pretty stable until the oil crunch. In 1973, the preliminary estimates at that time were in the $17 range as opposed to the cost in 1972 in the $15 ranqe. There was quite a,7ump in cost after the enerqy crisis that developed. At the present time, from �bout 1972 to 1973, the prelimrn�ry ennineerinq costs were rouqhly $15 to $16 and the actual construction costs came in around $13 per foot In 1976, they were approximately $14 50. However, he further rioted that the present prel�minary estimate uefore the Council is approximatelv �a18 98 per lineal foot The fact being that inflation has cauqht up w�th the street construction and all other util�ty public works type construct�on to increase the costs over the various years. Mr. Sobiech 6elieved that because of this the improvement should be continued in order to take advantaqe of the costs as they presently exist so as to not qet involved �n further increases in the future. P1r. Sob�ech stated that Mr P1arvin Brunsell, Finance Director, had the transparancies and would beavailable to answer any questions reaardtnn the preparation of the assessment roll. � Mr. Sob�ech then proceeded to discuss the pro,7ect, start�nn with Channel Road, Lucia Lane and 66th Avenue He stated that in this parttcular case, these are existing swaleback tyne streets that are part of the ten year street improvement program and he would recomment they be improved in the 1977 street improvement pro�ect. There is a front foot preliminary assessment rate of $18 98 per foot tonether wtth a side street rate of �i2 78 per foot. Mayor�fJee corrmented that if the people are ever qoinq to want the street paved well, it woul� be a r�ood idea to do it now instead of five years from now He then asked the audience i� `h�re were any comments. A vis�tor asked �f !his uicluded a storm sewer P1r Sobiech responded that it did and if there is anv anticipated drainaae problems, they would hope to either ratse the street to existinq structures or put in appronriate structures that would eliminate any drainaqe nroblem It is not, however, a storm sewer assessment per se since �t is a street iriprovemen± pro�ect with minor storm sewEr considerations He f��rther stated that the ma,7or�ty of the area has the storm sewer already in existence Another visitor asked about the end of the street and on 6�3th. He stated that there was a problem there. -�,iey have no drainage system whatsoever and if this goes in, do the people on Lucia Lane have to pay more? P9r Sob�ech responded that as mentione�i before �ust to up�rade the street doNm to the pert�on that has a standard type of cross section and at the moment, the roadway � would be araded to this point, and at the present time there is an existing dra�nage ditch that connects 68th to the Hinhway 65 ditch. He further �ointed out that they are aware of nroblems there, and several years aao an attempt was made to reworl: the existing �iitch �.oqether with the Hirahway Department to eliminate that problem. A visitor aske<I if within the next couple of years, a draina�e system were put in, who would pay for that-the apartments or the nroperty owners Mr Sob�ech stated that the drainaoe distr�ct would be assessed. Another visitor asked if the owners of each home would be assessed the same amount plus ;,;�n a�artments, for example each apartment is assessed for $100 although there are ten families l�v�n� there, he questioned wiiether each house would be assessed �IOD or would it be broken down to actual fam�ly si�e ,, n ��� _d ��� �w PUBLIC HEARING MEETTNG OF NOVEMBER 8, 1976 PAGE 6 Mr. Sobiech responded that at the present time, the City of Fridley has a storm sewer assessing policy based on area. , Mr. Don Harstad owner of Lots, 3, 4, and 5 stated that he did not believe he could ever build on the land, and if he could, it wou�d be quite difficult and he was opposed to an assessment. Also, the County is very tnterested in the property along Rice Creek and Mr. Harstad has been talking to them in terms of their purchas�ng the �land. However, he just recently spoke to them and they adv�sed him that they are � not really interested in a cul-de-sac in the area. A visitor asked the diameter of the cul-de-sac. Mr. Sobiech responded 43' is the normal standard radius. The visitor a1so asked how a stde street is derived at for one side of the street and not the other. Mr. Brunsell responded that the assessment policy for corner lots �s that they not pay for their regular front foot assessments. He then made reference to the corner of Channel Road north up to 58th. That particular lot line fronts on the east side of Channel Road going north. The policy for the assessment of that side yard is to assess the property for one-third of its side, the other two-thirds of the cost �s spread down the block. Th�s is a City-wide policy of many years standing. The ob�ect is that eventually when all the streets are in or if all of the streets in the area are repaved, everyone would have a proportionately corner lot assessment plus a front foot assessment A visitor asked how the assessment is to be paid over a period of years and what the interest rate will be. Mr. Brunsell responded that the assessment will be spread over a ten year period. The first payment will be on the taxes the year after the improvement was made The interest rate at the present time is 7�% on the unpaid balance. Mr Robert 6urdick, 1316 66th Avenue N.E., stated that he did not know of anyone on h1s street who was in favor of the improvement. He believed the street was satisfactory �for use by all the residents. There is no drainage problem He further commented that he cannot see spending money and ustng up resources when we are tn an energy crunch Mr L. David Mech, 1315 66th Avenue N.E., stated that he, too, was opposed to the street improvement. Mr. Charles E. Carlson, 1399 66th Avenue N.E , stated that he lived on the end, right next door to Rice Creek School. He questioned whether the street would end riqht there at the school property or are there any plans for putt�ng �n a cul-de-sac. If so, he believed it should go ontiie school property. Mr. Sobiech responded that the cul-de-sac would be put �n and his staff would work w�th the school to get as much property as possible. Mr. Carlson, when asked if he was opposed at this time by Mayor Nee, stated he could not say at the present time. Ms. Betty Mech, 1315 66th Avenue N.E., stated that her street will never have the amount of traffic that other streets have and felt it was in good repair, and that the money spent for this could surely be used for other more needed uses. Mayor Nee then asked if there was anyone from 66th Avenue in favor of the pro�ect. Mr. Myron Ostlund, 1400 66th Avenue N E., stated that there was a problem with the street at the end where it connects to Central Avenue. There is always a big water puddle because the street is too low. Also, he added a note about the sanitary sewer �n that when his lateral was put in to his house from the center of the street, he has had problems with roots lying there He had Roto Rooter come out and the problem is right at the connection to the street. Mr. Sobiech stated that prior to the actual street improvement, they do review the utilities in the area to ensure that they are in good condition so they do not have to come in several years later and diq up the street again. A vis�tor stated that there was a problem with snow removal on the street in that the City Engineers have not dropped the plow down to the street level. � ��� PUBLIC HEARING MEETING OF NOVEMBER 8, 1976 PAGE 7 Mr. Nasim Quresh�, City Manager, stated that the money used for maintenance comes from a different fund. The snowplowing does, however, create a problem on maintenance He further pointed out that 66th Avenue is probably one of the better swale streets in the City and if the City is ever going to improve it, it should be now. Mr. Kenneth B,7ork, 6845 Channel Road, then gave the City Council a petition from the residents on Channel Road. MOTION by Councilman Starwalt to receive Petition #19-1976 against the street improvement for Channel Road and Pet�t7on #20-1976 in favor of the improvement of Channel Road. Seconded by Councilwoman Kukowski. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Joyce �enny, 1388 66th Avenue N.E., stated that she 6elieved the street was not in need of repair. Councilman Starwalt stated that before leaving the 66th Avenue street improvement pro�ect, he believed that the determination of the possi6le cul-de-sac on the east end should be established Mr Clarence Timo, 6517 Lucia Lane N.E., stated that he believed, if possible, an equitable tax should be charged on the apartment there since the property owners get the 6runt of all the traffic and they are taking care of all the garbage, beer cans, etc., from the apartments. He further stated that he did not oppose the street improvement but all the people should pay thetr fair share. Mr. Dar�el Goerdt, 6610 Lucia Lane, stated that his lot is the only one on the entire block that 9oes downhill and at present the way the road is designed, all the water seems to run riqht by his driveway. He questioned �f they come in with cement curbs with the flat street, will the water go down his driveway. Mr. Sob�ech responded that it would not, as Mr. Goerdt has a raised portion of the driveway; however, it would be maintained to ensure that there would not be water coming in from the street onto his property. Mr �ean Thomas, 6550 Lucia Lane, questioned if the pro,7ect is defeated, will the property owners be btlled for street improvements in the future. Mayor Nee responded not in the �mmediate future. It may, however, come to that in a few years. Mr. Jack R. Youna, 6549 Lucia Lane, questioned if everyone on Lucia Lane decides they are in favor of the pro,7ect but on 66th Avenue they are opposed, did that mean that Lucia Lane could not be improved. Mayor Nee responded that they were all separat�. They could 6e dropped out of the pro�ect without affecting the others. Mr. George Maas, 6880 Channel Road, stated that he was asked to be a spokesman for some of the people. He further stated that they do not have a drainage problem basically on Channel Road. However, further south there is a sewer problem in that water backs up. He stated that most of the psople on Channel Road are opposed to curbs not to general maintenance on the street, which has been lacking He further stated that what he and the others would like to see is the streetresurfaced from Mississippi Street down to the first bend, as that is the only portion of the street that is in bad s'�ape. Mr. Roy Boone, 6564 Channel Road, stated that �f the petition (#19-1976) is examined, you'l1 rind no more than one signature from the entire first block that �s opposed to the street. Also, everyone as Mr. Maas stated, is not opposed to the curbing. Mr Boone commented on this �ust to set things in a proper light. Mr Mark Glader, 6810 Channel P.oad, stated that he was in favor of a storm sewer, however, was not in favor of the street improvement. � , � � ii i .��' PUBLIC HEARING MEETING OF NOVEMBER 8, 1976 PAGE 8 Mr. Charles �ohnson, 6580 Channel Road, stated that he was in favor of the improvement He also stated that if the people at the other end do not want curb�n�, that is their business--where he is, they want it. Mayor Nee asked if it were feasible to ,7ust do a port�on of a street Mr Sobiech responded it could be done, but is not practical �Mr. John Urista, 6599 Channel Road, stated that the road is in bad shape from M�ssiss�ppi Street on down He further stated that when he first moved in, the street was in qood condition. It is now lookin� pretty shabby and a neiqhbor of his who was not present, is also in favor of the street bein� improved Mayor Nee asked P4r Urtsta if his neiqhbor siqned the petition �n favor, and Mr Urista replied that he had. A visitor stated that he was in favor of hav�na it all done Mr. Warren Spalth, 6516 Channel Road, stated that the street is in very bad shape and tn great need of improvement. Mr. William Wharton, 6887 Channel Poad, stated that he opposed the improvement, especially that portion north of 68th Avenue. Mr. Robert Wadsten, 6899 Channel Road, stated that the proposed cul-de-sac would affect his front yard and he believes it is unnecessary and unwanted. Ms. Kathryn Glader, 6810 Channel Road, stated that she was opposed to the curb and gutter. Ms Joan Wadsten, 6899 Channel Road, stated that the one feature she liked about her street was the width Also there is a beauty shop across the street and there are a lot of cars parked on the street; and if the street ts narrowed, the people will have a difftcult time qett�nq out of their driveways. She stated that she def�n�tely did not want a cul-de-sac She also stated that everybody likes the street the way it �s Mr Kenneth B,7ork, 6845 Channel Road, stated that he was opposed to the pro,7ect Ms Judy Q,7ork, 6845 Channel Road, stated that from the f�rst corner on down, that street was totally resurfaced and it is in beautiful shape, and she helieved the people an that end can see no reason for a street improvemert at this time. Mr. Sobiech had stated to the City Counc�l that he would check and see ,7ust what kind of resurfacing was done Councilman Starwalt stated that he �ust wanted to mention that he is tn favor of the improvement with the poss�ble exception of that north of 68th street However, he and others will be out walking A visitor questioned how the decision is reached Mayor Nee stated that it would probably come next Monday Mr Sobiech then stated that Dellwood, Pierce, and 63rd Avenue are oart of the improve- ment program althouqh they have not received specific petitions for the improvement. Mr Mahurin, 6378 Dellwood Drive, asked a6out the soil and stabil�ty He also stated �that a sewer was put in without inspection and sufficient enq�neering. He further commented that the people who live there do not want the improvement They do not want to spend the money. Mr Qureshi stated that there ts a spectal law which permits the City to delay the putting of assessments on people who are senior citizens and not �ut a spec�al burden on them. The assessment comes on the property once tkie pronertv ovaner sells the property. Mayor Nee asked Mr Mahurin if that would mal.e a d�fference, and Mr. Mahurin replied it would. i a"+�;`u PUBLIC HEARING MEETING OF NDVEMBER 8, 1976 PAGE 9 Councilman Starwalt commented that a percentaqe of the persons he spoke with were not in favor of the improvement Mayor Nee then asked about Pierce Street. Ms Larry Nelson, 6366 P�erce Street, stated that she and others were not exactly in favor of the improvement but would rather pay for it now than to pay double in a few years Mr. Scott Holmer, owns the Ski Shop on 63rd and the service road on Hiqhway 65, stated that he was not against curbing, however, at this particular point tn time he would lose most of h�s parkin4 if curbinq is put in. Mr. So6iech asked Mr. Holmer how he would feel about their tryinn to work something out so that there would be sufficient parkino and Mr Holmer wus receptive to th�s Mr Norman Schuldhe�sz, 6341 Universit_y Avenue N.E., asked Mr Sobiech when the work was qoing to be done and Mr Sob7ech responded that 1f the improvement is adopted, the enqtneer�ng drawings will be started and be ready for bids �n approximately March and then construction will beain Mr Sobiech then moved on to 75th Way, Alden 41ay and Osborne Road and stated that they are tied together in that basically they are on a state aid street. This means that certain standards that the Minnesota Hiqhway Department has set up for constructton of a state atd street must be complied wtth They have certain widths and certain capacity designs that the street must be built to in order to receive certain state monies that the City receives in the State Aid Fund He further pointed out that the ob�ect�ve at the present time is to br�n� the streets into compl�ance with the state a�d requirements in order to rece�ve certain fundinq. Mr Philip Lind, 750] Alden Way, stated that hts street was in very qood shape He further stated that the street is perfectly flat and is qutte wide and cannot see any reason why it should be torn up P4r Thure Er�ckson, 7515 Alden 41ay, stated that he was in favor oF the curb and gutter only, as the street is in perfect shape and already built to City standards f1s Beatr�ce Sorsoleil, 147 75th Way, stated that she was a widow and receiving d�sa6�lity and the improvement cost would be a hardship. Mr Oureshi sugqested that perhaps Ms Sorsole�l could qualify on the delayed assessment and this might be an avenue to explore Mr Sobiech then moved on to Ironton Street and Ashton Avenue statrnq that this is a proposed improvement for Ashton Avenue from Ironton Street to the south to the existing standard sect�on and this does abutt industrial property This is also a state aid street and must comply with state a�d standards Also, on state aid streets, the industrial properties pick up the actual cost of the street. A visitor commented that he was in favor of the improvement Regardinq Hickory Street, Mr Flllan Zeis stated that he anttcipated building smaller build�ngs as it would be more su�table for the area. He also stated that he anticipated build�nq on Beech Street P1r. Ouresh� asked if he would provide a sketch. Mr Sobiech then made reference to Able Street and the Railroad Crossinq stating that the Able Street construction is to upqrade the existinq roadway as it presently exists which is in urgent need of repair Mr John Jensen, Plinnesota Transfer made reference to the Notice wherein sanrtary sewer and water is put �n and questioned that it is not a plan that presently exists. f1r. Sobiech stated that it was not and that the Notice covers the possibiltty that certain items have to be constructed in addition to the street improvement pro,7ect As far as the crossinq at 79th Avenue is concerned, Mr. Sobiech stated that the railroad cross�nq has been under discussion for quite a number of years. He further stated that it was Staff's content�on that the improvement of 79th crossin�i proposal � �_ � ' � � � PUBLIC HEARING MEETIPdG OF NOVEMBER 8, 1976 PAGE 10 would in fact improve the traffic pattern in the area A v�sitor stated that this would help tremendously. Mr Allan Zeis also agreed with this as it would benefit his property by allowing tndustrial traffic off 79th to East River Road Mr. Ghuck Floer, 161 79th Way N E, stated that he and some of the neiqhbors were opposed to thts as they do not want to see industrial traffic in a resident�al neighbarhood Mr. �tck Costello wtth Barry Blower, stated that he and others were opposed to the railroad crossing on 77th Way in that the traff�c would be a qreat problem as they have 200 employees. Mr So6�ech stated that there would have to be neaotiations with the Burlinqton Northern Railroad. Ms. Mary Martin, 133 Stony6rook PI.E., stated that the property owners should not have to put up with industrial traffic MOTION by Councilman Starwalt to receive Petition #21-1976 request for a Burl�nqton Northern Ratlroad crossinq at 79th Avenue Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the mot�on carried unam mously MOTION by Counctlman Fitzpatrick to close the Public Hearinq Seconded by Council- woman Kukowskl. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motlon carried unanimously and the Pu61ic Hearinq closed at 1 15 a m. RECESS• Mayor Nee called a recess at 1 16 a m RECONVENED Mayor Nee reconvened the meetinq at 1 24 a m NEW BUSINESS: RECEIVING STATEMENT OF CANVASS OF ELECTION FOR NOVEMBER 2, 1976 GEPlERAL ELECTION STATEPIENT OF CANVASS GENERAL ELECTIOPI NOVEMBER 2, 197F DECLARATION OF RESULTS THFREOF In accordance w�th Sect�on 4 08 of the Charter of the City of Fridley, the Ctty Council declares the results of the 1976 General Election to be as follows A. The total number of ballots cast was Ward 1 - Precinct 1 Ward 1 - Precinct 2 Ward 1 - Precinct 3 Ward 2 - Preclnct 1 Ward 2 - Precrnct 2 Ward 2 - Precrnct 3 Ward 3 - Precinct 1 Ward 3 - Precinct 2 Ward 3 - Precinct 3 1,396 1,692 1,276 1,a61 1>�93 2,�77 2,083 1,221 1,191 TOTIIL 14,290 14,290 ���„ PUQLIC HEARING MEETING OF NOVEMBER 8, 1976 PAGE 11 B The votes for each candidate, number of defective and not voted and write-�n votes are as follows PRESI�EPlT AND VICE PRESIDENT OF U.S. 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 Ford & Dol e Ind Rep. _ 531 749 422 535 536 1,180 830 409 301 5,493 Carter & Mondale DFL 800 873 800 865 908 1,218 1,120 746 Came�o & Reid Soc�alist ' Workers Party 11 7 3 8 6 8 31 �I MacBride & Berglund L�bertar- ian Party 2 2 0 8 2 5 3 7 Flall & ' Tyner Commum st 826 8,156 4 82 4 33 Party 0 0 2 1 0 2 1 0 0 6 Levin & Blomen Industrial Gov't Party 0 0 0 0 1 0 0 0 0 1 Anderson & � Shackelford American Pai°ty 3 10 4 9 4 10 17 5 P1cCarthy & I Ste�n 21 25 20 14 15 33 �}3 31 i LaRouche & Evans Interna- t�onal Devel- opment Bank 3 0 1 0 1 0 0 0 Ze�ddler R Brisben Socialist Party 0 0 0 0 1 0 0 0 Wright & Spock Peoples I Pariy i 0 0 C1 _ 0 0 0 � Not �oted & 5 67 20 222 0 5 0 1 � , 0 1 � Defective 23 24 24 �3 16 19 3? 14 29 Ronald Jerry Ronalcl Renan Y� r,�'r{- Jerrv Lester Reqan Brown 1 Reqan water 1 Bras�n 1 F1adox � Write-In Ronald Ronald Hubert H. Votes 1 Reqan 1 0 3 P,e�an 1Humphr�.y7 6* 5** 2 199 24 ' i i I PUBLIC HEARING MEETING OF PJQVEPIBER 8, 1976 PAGE 12 PRESIDENT AN� VICE PRESI�ENT flF U S (CONTINUED) W-1 P-1 W-1 P-2 W-1 P-3 6J-2 P-1 W-2 P-2 W-2 P-3 W-3 P-1 W-3 P-2 W-3 P-3 TOTAL Hubert H Humphrey 1 TOTAL 1,396 1,692 1,276 1,461 1,�}93 2,477 2,083 1,221 1,191 14,290 � *Write-in votes **Write-�n votes W-3 P-1 W-3 P-? Ronald Reqan 2 H Humohrey F� Mondale 1 Ralph Nader & Eunene McCarthy 1 Eleanor P1cCormack 1 Ryne Pentz 1 Georne Wallace F� H Humohrey 1 Pau� Swantek & h1ar�� Swantek 1 Fred Harris 1 .� Nelson Rockefeller--1 Ronald Renan 1 UNITED STATES SEPJATOR IP! CONf,RESS Jerry Brekke Ind Rep. 284 355 187 253 245 652 4�6 192 142 2,756 Hubert H. Humphrey DFL 982 1,179 961 1,063 1,106 1,620 l,nfl6 895 916 10,128 Bill Peterson Soc�alist Workers Party 3 4 4 6 8 5 3 5 2 40 Robin E. Miller Libertar- ian Party 9 6 1 6 3 16 n 5 7 57 Matt Savola Comunist Party 0 0 1 1 0 1 2 0 D 5 Paul Helm American Party 103 135 101 124 117 1F7 185 105 110 1,147 Not Voted & �efective 15 13 21 8 1�� lE 37 19 1�4 157 Write-In Votes 0 0 0 0 D_ � _ � 0__ �__ 0 TOTAL 1,396 1,692 1,276 1,r61 1,493 2,a77 2,083 1,221 1,191 14,290 REPRESEPJTATIVE IN CONGP,ESS 5TH DISTP,ICT Richard M Erdall Ind Rep. 342 ��onald M. Fraser DFL 874 Chris Frank Soc�alist Workers Party 13 Franklin H Haws Ltbertar- 479 259 ';34 316 822 541 255 1`d8 3,53G 973 817 �48 9e� 1,376 1,2M 2^�� &'55 F3,841 B 11 13 ian Party 4 F 4 11 6 10 22 2 18 4 7 _ 7 97 9 6 64 . _, i PUBLIC HEARING MEETING OF NOVEMBER 3, 1976 PAGE 13 REPRESEPdTA7IVE IN CONGRESS 5TH DISTRICT (CONTINUED) W-1 P-1 W-1 P-2 W-1 P-3 l�l-2 P-1 W-2 P-2 W-2 P-3 W-3 P-1 U1-3 P-2 W-3 P-3 TOTAL Jean T 6rust Workers Party 3 Jack 0 Kirkham American 3 1 0 2 3 3 3 2 20 Party a6 113 72 82 68 6a 93 45 46 629 Not �oted & Defective 11� 110 112 73 105 184 27� 98 f37 1,103 Write-In Votes 0 D � 0 0 0 0 0 0 0 TOTFlL 1,396 1,692 1,276 l,�El i,��". 2,�77 2,�83 1,221 1,191 14,290 , [3en Ho ' Ind Rep. Dav�d �. Schaaf � DFL Not Voted Defective Write-In Votes I TDTAL SENATOR IN LE;ISLATURE a6TH DISTRICT 520 806 426 5�18 495 1,103 997 391 3�}2 5,628 829 f340 789 879 951 1,277 993 764 8�1 8,]23 & 47 46 61 3n 47 97 93 66 47 538 Don Frank 0 0 0 0 0 0 0 � 1 1 1,396 1,692 1,276 1,461 1,493 2,477 2,083 1,221 1,191 14,290 RESPRESENTATIVE IN LEGISLATURE n6A DISTRICT Bar Haake I Ind Rep. 508 706 529 775 2,513 Faul P7cCarron DFL 824 ' Not Voted & I Defective 64 � Write-In Votes 913 73 895 69 1 ,160 148 TCTAL 1,396 1,692 1,493 2,083 REPRESENTATIVE I�J LEfISLATURE 4bB DTST?:ICT R. Wayne Provart , Ind Rep, Wayne Simoneau OFL �ale Hemminn Liberiar�an � Party Not Voted � Defect�ve 243 n�3 87a 9A7 33 125 902 1,241 3,792 35n 0 6,664 249 2D3 2,005 7U 851 4,630 25 116 99 36 309 81 218 156 101 682 ' � � ' PUBLIC HEARING MEETING OF NOVEMBER 8, 1976 Write-In Votes TOTAL � Robert REPRESENTATIVE IN LE�ISLATURE �6B DISTRICT (COPITIPJUE� PAGE 14 W-1 P-1 W-1 P-2 W-1 P-3 W-2 P-1 W-2 P-2 4;-2 P-3 W-3 P-1 W-3 P-2 41-3 P-3 TOTAL 0 0 0 1,276 1,461 2,n77 _ CHIEF JUSTICE OF THE SUPREME COURT Sheran 1,105 1,379 1,OlD 1,202 1,163 1,974 1,512 Not Voted & Defecttve 291 313 266 259 330 503 571 0 0 0 1,221 1,191 7,626 926 932 11,2D3 294 259 3,086 Yon� Wrtte-In Bear Votes 0 0 0 0 0 0 0 1 0 1 TOTAL 1,396 1,692 1,276 1,n61 1,Q93 2,477 2,Q83 1,221 1,191 14,290 ASSOCIATE JUSTICE OF THE SUPREME COURT Walter F. Ragosheske l,u^07 1,264 Not Voted & Defective 389 428 951 1,123 1,023 1,Sa3 1,343 854 873 10,281 325 338 470 634 74� 366 31� 4,008 Yoqi Wrtte-In Bear �Votes 0 0 0 0 0_ 0 0 1 0 1 TOTAL 1,396 1,692 1,276 1,461 1,493 2,477 2,Q83 1,221 1,191 14,290 COPISTITUTIONAL AMENDPIENT - HIGHWAV BONDS AND THE USE OF MOTOR FUEL TFlXES YES NO 536 673 481 580 779 930 702 800 575 1,028 782 49n _�{33 5,5�2 832 1,299 1,114 629 691 7,776 Not Voted & Defective 81 89 93 81 86 150 187 9H 67 932 TOTAL 1,396 1,692 1,276 1,461 1,493 2,477 2,083 1,221 1,191 14,290 JUDGE OF COUNTY COURT Stanley J Thorup 1,150 1,413 1,�50 1,237 1,21� 2,009 1,560 949 968 11,550 Not Voted & Defective 246 279 226 224 27A 458 527 270 223 2,737 Yoai �udne Bear 1 rite-In Green Donald �ickson otes 0 0 0 0 0 0 1 1 0 3 TOTAL 1,396 1,692 1,276 1,461 1,493 ^,�77 2,083 1,221 1,191 14,290 SUPERVISOR SOIL APlD WATER CONSERVATI�"I OIST�?ICI PIO 5 Wr�te-In All write-tn votes must be canvassed by the Anoka County P,uc!itor's office Votes for the Supervisor Soil and Water Conservation D�strict No 5 u� the wrtte-in vote for this office �s only nood if the person voted for lives in the district. �, , _ � u�, PUBLIC HEARING MEETING OF NOVEh1BER 8, 1976 Dennis Schne�tler W R. ' (Walt) Starwalt PAGE 15 W-1 P-1 W-1 P-2 W-1 P-3 W-2 P-1 W-2 P-2 W-2 P-3 bl-3 P-1 W-3 P-2 W-3 P-3 TOTAL Not Voted & Defect�ve ' Write-In Votes TOTAL COUNCILMEMBER SECOND 41AR� 735 812 1,116 Fti9 589 1,211 E7 92 149 Louis M�skowic 0 0 1 1 ,461 1 ,493 2,477 C The following officer was declared elected COUNCILMEh1QER WARD II - Dennis Schneider D. The followinq is a true copy of the ballot used for Ward II OFFICIAL CITY ELECTION BALLOT CI7Y OF PRIDLEY ��. Crty Clerk ANOKA COUNTY, MINNESOTA TUESDAY, NOVEMBER 2, 1976 COUNCI LMAN — WARD 2 Vote for One. Term Three (3� Years W R (WALT) STARWALT DENNIS SCNNEIDER 2,663 2,n69 298 1 5,431 � I , l � PUBLIC HEARING MEETIN6 OF NOVEP1BER 8, 1976 E The names of the �udqes of the election are as follows WARD 1 PRECINCT 1 Marilyn Beck Nancy Londroche Marie Hughes � Betty Baldwin Doris 7allaksen Carolyn Holmen Barb Tangren Detty Forster Evey Podesvwa Karen Evans Clifford Ness Carol Schne�der � � WARD 1 PRECINCT 3 Velma Pinks Ardella Buss Al�ce Mol Margaret Powell Charleen Swanson Gloria lvers Rosella Amar Sharon Hippen Vi Lind Mathilda Rose Johnson Laverne Brazil Rosal�e Hal�ng WARD 7 PRECINCT 2 Helen Sh�ffer Alice Turner Marian Smith Chrts Aasland Nancy Newport Gladys Luhman El�zabeth LaV�gne Karen Bjorgo Pat Anderson Phyllis Ries Paulette Michalski Bonn�e Waldorf WARD 3 PRECINCT 1 Yvonne Sprungman Naida Kruqer Betty Bonine Jo E. Garon Elaine Nielson Myrtle Morphew Flo Haley Agnes Shaw Connte Samuelson Joan Palmquist Evelyn Holtze Jordis Mittlestadt Nina Plaeser Mar�orie Cahlander WARD 1 PRECINCT 2 Joyce McClellan Dorothy Houck Shirley Kohlan P�arlys Johnson Pat Holmes Mary Melqren Edna Garaffa Mary Sull�van Alice Anderson Mary E Storley Evelyn Selenski Gloria 4Jellan Lois Hines Bev Berry WARD 2 PRECINCT 1 Jenny Locker 6etty Brezney Alice Peterson Caroline Svendsen Theodora Sasek Violet Burton Gerri Enqdahl Muriel Little7ohn Mur�el Pomeroy Eumce Grier Kay Be�hoffer Doris Re�ners WARD 2 PRECINCT 3 Bev Kinsman Jean Waqar Joan Berqman Carolynn Blandinq Marlene Sonsteqard Georqine Henkel Judy Enqe6retson Maureen Kunshier Marlys Lisowski Plarsha Gunville Adeline Swanson Marquerite Ula�insk� I�IARD 3 PRECINCT 2 Pat D�ttes Alene Johnson �oann Roeterinq Evel,yn Harn Darlene Vallin Sah�na Mostrom Barb Gohman Delores Christenson Mildred Buck Bob6ie Johnson Bea Ellis Velma Farr PAGE 16 �/� i �' ryJ PUBLIC HEARING MEETING OF NOVEMBER 8, 1976 WARD 3 PRECINCT 3 Jean Johnson Veronica Olstead Betty Nelson Germaine Wohsfeld G7nnie Vel�n Grace Szeqda Mrs Laverne Roseth Bev P1i 11 er Sharon Reemsta Jean Mills Linda Tatley Gladys Syverson MAYOR - WILLIAPI J. NEE COUNCILPIEMQEP COUNCILMEMBER COUNCILP4EMBER COUfJCILMEh16ER PAGE 17 MOTION by Councilman Starivalt to receive the Statement of Canvass. Seconded by Councilwoman Kukowski Upon a voice vote, all vottnq aye, P1a,yor Plee declared the motion carried unanimously CONSIDERATION OF AWARDING GEMERAL LIA6ILITY APlD PROPERTY DA�1ARE INSURANCE BI�S FDR THE YEARS 7977, 1972 AND 1979: P1r Dale Hadtrath, Transcontinental Brokers, stated that the City only received two 6ids Their bid was $13,000. Counc�lman F7tzpatrick asked P1r Hadtrath if this �s the !�olic,y where�n they have coueraqe for backed-up sewers and so forth and Mr Hadtrath replied it was. Mr. Qureshi stated that it was sent to all local insurance aqencies and others who have bid on 7t in the past. P9r. Brunsell commented that the former consultant was called and it certainly would be safer to go for the three million dollars coveraqe, however, the City has been carry�ng one million dollars coverage for the last three years plus the basic coverage, � � P�OTION by Councilman Starwalt to approve the lor� bid and award the contract to Transcont�nental Grokers Seconded by Councilwoman Kukowski U�on a voice vote, all ' voting aye, Mayor Pdee declared the motion carr�ed unanimously COPISIDERATION OF SETTING CITY COUNCIL P1EETING SCHECULE AtID HOLIDAV SCHEDULE FOR 1977. MOTION by Councilwoman Kukowsk� to approve the schedule for 1'?77 with the chanae qiving a holiday on the 23rd of December rather than the 30th of December. Seconded by Counc7l- man Fitzpatrick. Upon a voice vote, all voting aye, P1a��or Nee declared the motion carrietl unam mously PUBLIC HEARING MEETING OF NOVEMRER 8, 19/6 ADJOURNMENT: PAGE 18 uc � � , MOTION by Counctlwoman Kukowskt to ad,7ourn the meeting Seconded by Counc�lman Starwa1t. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously and the Publ�c Heartnq rneeting of the Fr�dley City Council of November 8, 1976 ad,7ourned at 1:45 p.m. � Respectfully submittea, ��, U� �c•� � -,�-sZV.,� l � 1 Dorothy C. Green Secretary to the C1ty Council Approved: f���jr ��� William J Nee �� Mayor ��