12/12/1977 - 00014318THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 12, 1977
The Pu61tc Hearing Meeting of the Fridley City Council was called to order at 7:35 p m.
, by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, and
Councilman Schneider
MEMBERS ABSENT. None (Councilwoman at Large Carroll Kukowsk� res�gned November 21,
1977.)
APPROVAL OF MINUTES:
PUBLTC HEARING P4EETING, NOVEMBER 14, 1977:
Councilman Schneider requested a correction on Page 7, 5th paragraph from the
bottom by changing the word "everyone" to "most of the people,"
Mayor Nee requested a correct�on on Page 10, 3rd paragraph, last line, to add
the words "percent of the" after the word "20 "
�MOTION by Councilman Hamernik to approve the minutes of November 14, 1977 as amended
Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared
the motion carrled unanimously.
REGULAR MEETING, NOVEMBER ?_1, 1977:
MOTION 6y Councilman Fitzpatrick to approve the minutes of November 21, 1977 as
presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
ADOPTION OF AGENDA�
Information from Sears regarding use of their property for snowmobiling purposes was
added under Item 2 and an item regarding discussion of an ordinance to limit unreasonable
vehicle noise from acceleration was added at the end of the agenda.
MOTION by Counc�lman Fitzpatrick to adopt the agenda as amended. Seconded by Counctlman
Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unammously.
OPEN FORUM, VISITORS
There was no response from anyone regarding this item.
OLO BUSINESS:
�RESOLUTION NO 129-1977 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AN�
CCTTMnTCC nC /`/1cTC TLC�rnC cTnrCr TnnnnMrrMrnir nnntrrT c-r tn-io l or ln�n � nnonc
Mayor Nee requested the communication from Mr. Sheldon Mortenson dated oecember 8,
1977, in which he expresses his desire for the City to undertake the improvement, be
received.
MOTION by Councilman Schneider to receive the commun�cation from Mr. Sheldon h4ortenson
dated December 8, 1977. Seconded by Councilman Hamerntk. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
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PUBLIC HEARING MEETING OF DECEMBER 12, 1977
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MOTIDN by Councilman Hamerntk to receive the communication from Mr. Ro6ert Schroer
dated November 22, 1977. Seconded by Councilman Fitzpatrick. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
Mr. Roger �ones, owner of the Fridley Golf Driving Range, spoke regarding the proposed
improvement of 81st Avenue from University Avenue to Main Street. He requested the
improvement be deferred at this time until such time that the area is developed
enough to warrant the street.
Councilman Hamernik stated he talked with Mr. Schroer regarding the improvement of
81st and is prepared to delete this street from the pro,7ect since Mr. Schroer also
indicated he did not want the �mprovement at this time.
MOTION by Councilman Hamernik to adopt Resolution No. 129-1977. Seconded by Counc�lman
Schneider.
MOTION by Councilman Hamernik to amend Resolution No. 129-1977 by deleting 81st Avenue
from TH 47 to Main Street under ST. 1978-1. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carr�ed unam mously.
Mayor Nee questioned the 53rd Avenue improvement from TH 65 to 650 feet east.
Mr. Sobiech, Public Works Director, felt this im�rovement would be very beneficial and
unless there would be something that would not permit the City to acquire the easement,
he did not see any reason not to proceed.
Mr Herrick, City Attorney, stated if this is going to be considered a oublic street
when the pro,7ect is completed, an easement would have to be obtained from the owners
of the property and the easement accepted by the City in order to become a public
street. In con,7unctton w�th this, Mr Flerrick indicated there should be a request
from the property owner for the improvement with the costs being assessed aginst the
property He felt if the Ctty has these items, there should be no problems."
Mayor Nee felt possibly the improvement was only serving the shopping center
Councilman Schneider pointed out that Cheri Lane, which is a public street, does proceed
into the intersection at Tfi 65 and 53rd He stated his concern in that area is the
taffi c situation.
Councilman Fitzpatrick stated he felt the improvement involves the public and not
only the shopping center. He felt traffic control in that area would be to the benefit
of the general public.
Mayor Nee questioned if there were other areas in the C�ty which may be sim�lar to
this situation. Councilman Hamernik quest�oned if the Target area would be another
example.
Mr. Sobiech stated he did not believe the Target area is a similar one. He stated the
City does have temporary easements during construction of the median and then it
becomes their property.
Mayor Nee indicated his ma�n concern was whether it was in the publ�c interest to
make the improvement.
Mr. Sobiech stated, with the tmprovement, it is hoped to channelize the traffic flow
into the intersection so there is an orderly flow of traffic. He felt, without thts
orderly traffic flow, there is a problem with failure to y�eld right-of-way and lack
of common sense driving as there are no snecific designated lanes of trafftc.
Mr. Herrick stated the City should have the easement and request from the owner for
the improvement and that the owner recogn�zes the property would be assessed, before
the City proceeds. He stated it should be made certain the City is not spending
public funds to improve private property.
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PUBLIC HEARING MEETING OF �ECEMBER 12, 1977
PRGE 3
Mayor Nee questioned if the City constructed the improvement, if the property owner
could maintain it.
Mr. Herrick didn't see any reason why they couldn't have an agreement for the property
owner to maintain it; however, it could be argued that the property owner was assessed
for the road and is paying taxes and why should he pay for maintenance of a public
road. Mr. Herrick stated the Council would have to make the determination if they
�feel the improvement is in the best interests of the City.
Councilman Schneider indicated he felt the improvement would be in the best interests
because of the safety factor, high volume of traff�c and unique characterist�cs of
this particular intersection.
UPON A VOICE UOTE TAKEN ON THE ORIGINAL MOTION, all voted aye, and Mayor Nee declared
the motion carried unanimously.
CONSIDERATION OF LOCATION OF SNOWMOBILE AREAS IN FRIDLEY (TABLED 11/2177)
AND
INFORMATION FROM SERRS REGARDING USE OF TNEIR PROPERTY:
Councilman Hamerm k stated he contacted the Manager of the property owned 6y Sears
which is west of University and south of 73rd regarding use of this parcel for
snowmo6ilin9 purposes. He stated Mr. Kozie indicated agreement over the phone; however,
he wanted an agreement drawn up releasing them of any liability incurred if someone
was in�ured on the property. Councilman Hamernik stated he was advised this agreement
would be forwarded to the City this week.
In discussing this item, it was felt there should be a certain distance maintained
from the residential properties and a time period for th�s activity. The possibility
of plowing a ridge for a 6uffer from the residential area was also discussed.
MOTION by Councilman Hamernik to table this item with instructions for the admim stration
�to work on the proposed snowmobiling restrictions for the Sears property and 6rrng
the item back at the next Council meeting. Seconded by Counci7man Schneider. Upon a
vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously
NEW BUSINESS•
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 23, 1977•
BROTTLUND'S 1ST ADDITION, PLAT SUBDIUISION P.S #77-06, 6400 BLOCK, EAST SI�E OF
EAST RIVER ROAD:
MOTION by Councilman Schneider to set the public hearing regarding Brottlund's
lst Additton for January 16, 1978. Seconded by Councilman Hamernik. Upon a
votce vote, all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting
of November 23, 1977. Seconded by Councilman Hamerm k Upon a vo�ce vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
DISCUSSION REGARDING UTILITY RATE STUDY
AND
RESOLUTTON N0. 130-1977 - RAISIN6 THE SE4dER RATES.
Mr. Brunsell, City Clerk, stated they are required to periodically review the sewer
rate structure and because the rate charges levied on the City by the Metro Waste
�Control Commission have risen so rapidly in the last few years, it was requested
the Council consider an increase in the sewer rates. Mr. Brunsell explained the
charges to the City have doubled over the last four years
Mr. Brunsell stated each class of customers pay their proportionate share and the basis
for estimatin9 sewer flow is from the winter sales of water. He explained the options
available to cover the increase wou1d be to raise the sewer rates, lower the water
rates and raise the sewer rates, or keeping the rates the same and resort�ng to general
taxes or other sources of revenue to sustain the utility operation. Mr Brunsell stated
the rate structure they are recommending is to Zncrease the residential sewer rate
to $14.95 per quarter.
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PUBLIC HEARING MEETING OF DECEMBER 12, 1977
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Councilman Schneider stated from comments he has heard it is reasonable to anticipate
a dou6ling of the sewer costs by the Metro Waste Control Commission by 1981. Mr Brunsell
stated they didn't assume a doubling of the costs, but the new rate proposed would
be for 1978, 1979, and 1980, and they would have to be reviewed after that time.
Councilman Schneider stated he is prepared to support the increase as he believes
the utility fund has to be self-sustaining. He questioned if the administration should ,
be contacting other cities to get response from the Metro Waste Control Commission on
the increased charges. He stated, through some of the meetings he attended, it was
felt there should be a commission to revieva the rate increases.
Councilman Hamer m k stated, at the October meeting of the Suburban Rate Authority,
there was discussion regarding the Authority expanding to evaluate the Metro Waste
Control Commission and a proposal was to be submitted to the Metro Waste Control
Commission tn January.
There was a general consensus of the Council that the residents should be notified
why the increase was necessary.
MOTION by Counc�lman Schneider to adopt Resolution No 130-1977 setting R-1 sewer rates
at $14.95 per quarter and all others $.6�4 per 1,D00 gallons--mim mum $16 for first
25,000 gallons. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
The Council discussed "freezing" the rates for Senior Citizens and costs for such
a proposal.
MOTION by Councilman Schneider to instruct staff to study the Senior Citizens rate
structure for sewer and water and submit a proposal on the costs. Seconded by
Councilman Fitzpatrick.
Counc�lman Hamernik felt possibly disabled persons should be included.
Mr. Herrick, City Attorney, felt this could be done; however, there may be a problem
of defim ng "disabled "
Councilman Hamerm k felt another stipulation, as far as determi m ng eligibility,
would be the income level.
The Council indicated they had no ob�ection to the staff reviewing the costs for
disabled persons.
UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the
motion carried unan�mously
CONSIDERATION OF APPROVAL OF INTERCEPTOR MAINTENANCE AGREEMENT #67 WITH METRO WASTE
MDTION by Councilman Hamern�k to approve Maintenance Agreement ,#67 with the Metro
Waste Control Commission for 1978. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF APPROVAL OF JOINT USE RENTAL AGREEMENT �i191 WITH METRO WASTE CONTROL
COMMISSION FOR 1978:
MOTION by Councilman Schneider to approve the Joint Use Rental Agreement #191 w�th
the Metro Waste Control Commission for 1978. Seconded by Councilman Hamernik. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
RECEIVING PETITION �r20-1977 - REQUESTING
RESOLUTION N0. 131-1977 - ORDERING PRELIMINARY PLANS, SP
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ESTIMATES OF
Mr. Sobiech, Public Works Director, explained a request was received from P1r. Timothy
Munn to have Meyers Avenue constructed and utilities provided for Lots 17 and 18,
Block l, Hillcrest Addition.
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PUBLIC HEARING MEETING OF DECEMBER 12, 1977
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Mr. Sobiech indicated that Mr. Munn also purchased Lots 5 through 10 of Hillcrest
Addition, Block 2. Mr. Sobiech stated he felt a total road pattern should be worked
out for the area. He pointed out Hillcrest could be extended to t�e �nto Hickory
Drive.
Mr. Qureshi, City Manager, felt there should be some alternative plans developed for
�the total area and suggested possibly having meetings with affected property owners
in the area to come up with alternatives relating to the final development of the
area.
Mr. Sobiech felt the resolution could be adopted calling for the preliminary repor�
and in developing this report, they could work with property owners in the area
MOTION by Councilman Fitzpatrick to receive the letter of Petition #20-1977 from
Mr. Timothy Munn dated December 2, 1977 requesting the improvement of P9eyers Avenue.
Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 131-1977 ordering preliminary
plans, specifications and estimates of the costs thereof Street Improvement Pro,7ect
St. 1978-1, Addendum Ul, and instruct staff to work with the ad�acent property owners
to inform them of the request. Seconded by Councilman Hamer m k. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried una m mously.
RESOLUTION N0. 132-1977 - TO ADUERTISE FOR BIDS FOR ANIP1AL CONTROL
MOTION by Councilman Hamernik to adopt Resolution No 132-1977. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motlon carried
unanimously.
RESOLUTION No. 133-1977 - TO ADVERTISE FOR BIDS FOR GASOLINE PUMPS WITH KEY LOCK
� CONTROL SYSTEM:
MOTION 6y Councilman Fitzpatrick to adopt Resolut�on No. 133-1977. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motzon
carried unanimously.
RESOLUTION N0. 134-1977 - TO ADVERTISE ITEM FOR SALE - 1951 Ll1VERN INTERNATIONAL TRUCK
MOTION by Councilman Schneider to adopt Resolution No. 134-1977. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, f�layor Nee declared the motion carried
unanimously
RESOLUTION NO 135-1977 - AUTHORIZING AND DIRECTING THAT A CREDIT BE ALLOWED AGAINST
Mr. Brunsell stated this credtt �s requested because it has been the policy of the City
to allow a credit against the service connection charge for extra costs incurred when
it is necessary to run water or sewer servtce lines farther than the normal 35 foot
setback. He stated in 1968 the owner was charged a full serv�ce connection charge,
without credit, and requested the credit be given at this t�me as the owner had to
install the service line a total of 172 feet.
MQTI�N hy Councllman Fitzpatr�ck to adopt Resolutlon No. 135-1977. Seconded by
Councilman Hamerntk. Upon a voice vote, all voting aye, Mayor Nee dec1ared the mot�on
�carried una m mously.
RESOLUTION N0. 136-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS
ON LOT 31, PARCEL 5040, AUDITOR'S SUB. #77 REV. AND APPORTIONING INTO PARCELS 5040
AN� 5050, AU�ITOR'S SUB $77 REV.�
MOTION by Councilman Schneider to adopt Resolution No. 136-1977. Seconded by Councilman
Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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PUBLIC HEARING MEETING OF �ECEMBER 12, 1977
RESOLUTION N0. 137-1977 - AUTHORIZIN(; CHANGING THE 1977 BUDGET APPROPR
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MOTION by Councilman Fitzpatrick to adopt Resolution No. 137-1977. Seconded 6y
Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the
motion carr�ed unantmously.
1�PPOINTMENTS: CITY EMPLOYEES•
NAME POSITION
Jayne Rasmussen
409 97th Avenue N.W.
Coon Raoids, MN 55433
Bruce Mathison
7941 Riverview Terrace
Fridley, MN 55432
Recepti om s t/
Typ�st
Police Dept.
Operation &
Maintenance
Person (Sewer
Public Works)
SALARY
$682.24
Month
$1027.87
Month
EFFECTIVE
DATE
12/12/77
1/3/78
REPLACES
Laure7 Anderson
Claire Kastama
MOTION by Councilman Hamernik to concur with the above appointments of City employees.
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
CLAIMS:
MOTION by Councilman Hamernik to authorize payment of Claims No. 321F22 through 341997.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
ESTIMATES
Weaver, Talle & Herrick
316 East P1ain Street
Anoka, MN 55303
For Services Rendered as City Attorney for
Month of Octo6er by Virgil C. Herr�ck
For Services Rendered as City Attorney for
P1onth of Navember by �irgil C. Herrick
$1,400.00
$1,650.D0
MOTION by Councilman Fitzpatrick to approve the estimates as submitted Seconded
by Counc�lman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the
motton carried unam mously.
LICENSES:
MOTION by Councilman Schneider to approve the licenses as submitted and as on file
in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote,
all voting aye, Mayor Nee declared the motton carried unanimously.
DISCUSSION REGARDING ORDINANCE TO LIMIT UNREASONABLE VEHICLE NOISE FROM ACCELERATION
Mayor Nee stated a commum cation was received from Mr R. Sommer regarding this item.
MOTION by Councilman Schneider to refer to staff for recommendation regarding the
feasibility of such an ordinance. Seconded by Councilman Hamernik. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
The staff was also requested to reply to Mr. R Sommer's letter advising him of the
Council's action.
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PUBLIC HEARING MEETING OF DECEMBER 12, 1977
NEWSLETTER REQUEST - MR. NELSON:
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Mr. Herrick City Attorney, stated he was contacted by Mr. Nelson regarding publicity
for the Senior Citizens in the newsletter Mr. Herrick stated that Mr. Nelson belonged
to the Senior Citizen group that meets at the Plethodist Church, as well as the one
that meets at Redeemer Lutheran Church.
�Mr. Qureshi, City Manager, explained the Senior Citizens group that meets at the
Methodist Church is a program completely controlled and supervised by the City, therefore,
their activities are publicized in the newsletter. The group meeting at Redeemer
Lutheran Church is not controlled or supervised by the City.
Councilman Hamerm k felt one approach might be to encourage them to use the media
such as cable TV and try to get their funct�ons into the Fridley Sun.
Mr. qureshi stated the billboard is also available for use, and staff would communicate
with Mr. Nelson regarding this matter.
RESPONSE TO CHARTER COMMISSION'S LETTER REGARDING THE CODE OF ETHICS ORDINANCE.
Mr. Qureshi, City Manager, stated this matter was brought up several months ago
regarding his response to the Charter Commission's letter regarding the Code of
Ethics Ordinance. He indicated the Council felt this had been taken care of with
passage of the Code of Ethics Ordinance. Since the Charter Commission has requested
a response from Mr. Qureshi, he advised the City Council he would respond to their
communication.
ADJOURNMENT:
MOTION by Councilman Fitzpatrick to ad�ourn the meeting Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the Public Hearing Meeting of the Fridley City Council of December 72,
, 1977 ad�ourned at 9:32 p.m.
Respectfully submitted,
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�c_�C r�a_ !'�rE�sTC�C:f�
Carole Haddad
Secretary to the City Council
Approved:
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William J. Nee
Mayor