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06/04/1973 - 00016481� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUIQCIL, Si1NE 4, 1973 The Regular Meeting of the Fridley City Council was called to order on June 4, 1973, at 7 35 p.m., by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl 1ed the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION; The Invocation was offered by the Crty Manager, Gerald R. Davis. ROLL CAtL: MEMBERS PRESENT MEM8ER5 ABSENT: ADOPTION OF AGENDA; Utter, Nee, Breider, Starwalt, Liebl. None. Mayor Lieb1 said the following items were to be added to the agenda ��� Appointment to the Human Relations Commission. , Appointment to the Charter Commission. Communication from Eh1er and Associates - Golf CourselNature Center Financial Report. MOTIDN by Councilman Starwslt to adopt the agenda as amended. Seconded by Couacilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion car,ied unanimously. VISITORS: MR. ANDREW KOHLAN, ATTORNEY FOR THE FOUNDATION FOR TH� ISLANDS OI' PEACE INC.. Mr. Kohlan addressed the Council stating the commitment for the purchase of the land abutting the Islands had been made and the $15,000 had been paid. He added, documents concerning the lease of the island wi11 be coming sooa. Mr. Kohlan stressed the importance of haoing communications immediate and direct with the Public Works Department in an attempt to accilerate progress for the gu.u�d�reaking set for ,Tune 23, 1973, which various public officials will be attending Mayor Liebl asked if the Islands of Peace had made their commitment. Mayor Lieb1 recommended a liaison between the City and the non-profit organization be appointed and he suggested Mr.Curt Dahlberg because of his e ngineering background MOTION by Councilman Breider to appoint Mr. Curt Dahlberg as the liaison bet�aeea the Foundation for the Islands of Peace Inc. and the City Adninistration, Seconded by Councilman Utter. The City Manager said he had one question, he asked when the lee.se would 6e in effect between the City and the Foundation for Chase's Island� Mr. ICohlan said they were in the process of coming up with a defini�e working arrangement, followed by a long term lease. � � -� R�GULAR COUNCIL MEETING OF SUNL 4, 1973 PAGE 2 Mr. Kohlan said the Foundation wanted first, obtain title to the land it had �ust , made the commitment on, then, work out the conditions of the long term Lease. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. MR. GENE LAKE, 7584 STINSON, REQUEST FOR A LOT SPLIT: Mr. Lake addressed the Council and said he was requesting a lot split and had made application for such a split. He said this would be a continuation of what had already been done on McKinley. The City Engineer said the same thing was being requested for two lots, lot four and lot five, and he recommended that they both be approved with the stipulation that a 25 foot right of way be granted, and the necessary drainage and utility easements in the middle of the existing 1ots. MOTION by Councilman Breider to approve the lot splits for Mr. Gene Lake, 7584 Stinson Blvd. and Mr. Robert Henderson, 7600 Stinson Blvd. with the stipulations that a 25 foot right of way be agreed to and also that a utility and drainage easement be established in the middle of the two 1ots. Seconded Uy Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. THE CITY MANAGER ADDRESSED THE COUNCIL TO INFORM THEM ON THE MEETING WITH MILLER AND SCHROEDER CONCERNING INDUSTRIAL REVENUE BONDS: � The City Manager said the meeting with Miller and Schroeder concerning the Industrial Revenue Sonds was set for Wednesday, June 6, 1973. PUBLIC HEARING ON THE QUESTION OF ISSUSNG AN ON-SALE LIQUOR LICENSE TO HOWARD 70HNSON'S RESTAURANT LOCATED AT 5277 CENTRAL AVENUE N. E.: Mayor Liebl read the Public Hearing notice aloud to the Council and the audience. MOTION by Councilman Utter to open the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Lieb1_declared the mation carried unanimously and the Public Hearing opened at 7:43 p.m. Mr. Wyman Smith addressed the Council and introduced the Ground Round representatives. Mr. Smith continued by saying he did not know if there was anything new to be said on the matter of the application, He said the investigation on the applicant had 6een completed by the Police Department. Mayor Liebl read the memorandum from the Public Safety Director, Mr. Sames Hill, where he stated an investigation of the applicant had been completed by Chief Everett McCarthy. The memorandum also stated that Howard ,Tohnson's comes within the provisinns of the City Ordinance and no detrimental information was discovered to prohibit the issuance of an on-sale liquor license within the areas of the investigated by the Police. MOTION by Councilman Utter to receive the communication from Mr. James Hi11, � Public Safety Director, regarding the Howard Johnson's Restaurant on-sale liquor license appLication, dated May 15, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mrs. Donald Savelkoul, 916 West Moore Lake Drive, addressed the Council and asked why Howard Johnson's found out about the available liceASe and no one else had been notified? � t t� REGULAR COUNCIL MEETING OF .IUhTE 4, 1973 PAGE 3 �Mrs. Savelkoul said she thought the licenses had been issued to Mr. Weiss of Sandee's _ Cafe and Mr. Glen Wong of the Fireside Rice Bowl at that time. The City Manager said the license for the Fireside Aice Bow1 had not been issued as this was contingent upon the applicant doing some ma�or remodeling within the period of one year. Mayor Lieb1 asked if there were any further questions from the audience ox the Council. Mayor Lieb1 asked Ward Councilman Starwalt if he had any questions CounciLman Starwalt said to his knowledge, Howard Johnson's was going to make an effort to duplicate the Roseville operation. He said he was not aware if they were made aware of the available license directly or separately. He added, he thought perhaps, Mr. Wong and the representatives of Howard Johnson's had been in contact with each other. MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman Utter Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 8•03 p.m. Mayor L9e bl asked the members of the Council if it was their wish to grant the license at the present time? � Councilman Utter suggested a motion to grant the license to Howard Johnson's and approve the liquor license for the proposed Ground Round Restaurant at 5277 Central Avenue N. E., hoping they abide by the regulations of the ordiance. The City Attorney said the motion could be made contingent upon the approval of the plans andspecifications by the City Engineer. MOTION by Councilman Utter to issue the liquor license to Howard Johnson's for the Groun Round Restaurant, 5277 Central Avenue N. E., a.cter the final inspection of the plans and specifications by the Building Department. Seconded by Counci�man Starwalt. The City Assessor said if the proposed plan was to include the price of the prope�rty it would be his recommendation that the part that is rented be divided oEf to ease in the record keeping of the property. Mayor Lieb1 said this would be easier for the City Assessor and be better for the community. Councilman Br�ider said the Suilding Design Control Subcomrnittee should have some stipulations. Mayor Lieb1 said the amount of the license would be $4,500 per year. AMENDMENT to the motion made by Councilman Utter to divide off the portion of tiie � property that is rented for ease in assessing, Seconded by Councilman Stan,;alt. Upon a voice vote, all voting aye, Mayor Liebl 3eclared the motion to amend the ariginal motion�carried unanimously. X�� REGULAR COUNCIL MEETING OF SUNE 4, 1973 PAGE 4 UPON A ROLL CALL VOTE, on the original motion to grant the license, Lieb1, Utter, Nee, Breider, and Starwalt voting aye, Mayor Liebl declared the motion carried unanimously. 8 - NG ALL PRIOR PRESERVING EXISTING RIGHTS UNDER PRIOR ORDINANCES, AND PROVIDING FOR THE FILING OF A COPY WITH THE CITY CLERK: AND AUTHORIZING THE PRINTING OI' THE CITY CODE: I� MOTION by Councilman Breider to waive the second reading and adopt ordinance ��538, order publication and authorize the printing of the Code. Seconded by Councilman Utter. Upon a roll ca11 vote, Nee, Sreider, Starwalt, Liebl, and Utter voting aye, Mayor Liebl declared the motion carried unanimously. ORDINANCE ��539 - RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY OF FRIDLEY: MOTION by Councilman Breider to waive the second reading, adopt ordinance ��539 and order its publication. Seconded by Councilman Nee. Upon a roll call vote, Starwalt, Liebl, Utter, Nee, and Breider voting aye, Mayor Lieb1 declared the motion carried unanimously. 1 FOOT OF U ROAD N. E.: AND 2 CONSIDERATION OF A REQiTEST EOR A VARIANCE OF SECTION 45.053, 4, B4, TO REDUCE REQUIRED SIDE YARD ON LOT 10, BLOCK 2, BRIARDALE ADDITION, 1653 BRIARDALE ROAD N. E• MOTION by Councilman Starwslt to waive the second reading, adopt ordinance ��540 and order publication of the oxd inance. Seconded by Councilman_Utter. Upon a roll call vote, UtCer, Nee, Breider, Starwalt, and Lie61 voting aye, Mayor Liebl declared the motion carried unanimously. � MOTION by Councilman Starwalt to grant the variance for the side yard set back requested by Richard Mi11er homes for 1653 Briardale Road N. E. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. HYDE PARK ADDITION: MOTION by Councilman Breider to waive the second reading, adopt ordinance �k541 and order publication. Seconded by Councilman Utter. IIpon a ro�l ca11 vote, Breider, Starwalt, Liebl, Utter, and Nee voting aye, Mayor Liebl declared the motion carried unanimously. � � � � ��d REGULAR COUNCIL MEETING OE JUNE 4, 1973 CONSIDERATION OF APPOINTMENT - BOARD OF APPEALS: PAGE 5 MOTION by Councilman Nee to appoint Ms. Patricia Ga6el, 594T 2? Streat, 566-12$8, as a memher of the Board or Appeals. Seconded by Councilman Utter. Upon a voice vote, all voting aye, ttayor Liebl declared the motion carried unanimously. Mayor Liebl said this would be a three year term, and would expire April 1, 1976. APPOINTMENT - HUMAN RELATIONS COMMISSION: Mayor Liebl sai3 he had received a letter from Ms. Karen Parker, listing three possible high school students who would make a vital contribution to the Fridley Human Relations Commission. He read the letter aloud and stated the three students are: Scott Storla, 7548 Alden Way, 784-6726 Nicole Nee, 219, Logan Parkway, 784-7595 Tricia Coleman, 123 Glen Creek Road, 766-3434 MOTION by Councilman Lltter to appoint Nicole Nee, 219 Logan Parkwav, as a member of the Human Relations Commission. Seconded by Councilman Sreider. Upon a voice vote, Breider, Starwalt, Liebl, and Utter voting aye, Nee a6etaining, Mayor Liebl declared the motion carried. APPOINTMENT - CHARTEF COMMISSION: MOTION by Councilman Breider that Mr. Clifford Ash, 460 Rice Creek Blvd., be recom- mended to Sudge Gilespie as an appointment to the Fridley Charter Commission to replace Mr. Paul Shaw and far the same term. Seconded by Councilman Starwalt. Upon a �oice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl directed the administration to write a letter to Judge Gilespie and inform him of the recommendation. RESOLUTION -0�73-1973 REGARDING STORM SEWER ESCROW FOR THE RIC� CREEK AREA• The City Engineer said tnis would involve the people residing in the Rice Creek drain- age district. He said there was a need for formalization of the storm sewer escrow proposed for the area. He said what he is suggesting is that at the time of issuing a building permit, those in the area be required to put money in escrow for the storm sewer development of the area. He added, a developer who sells a home would then have all the assessments in and paid for. The City Engineer said the people in the area would not have to pay for the storm sewer some time in the future. Mayor Liebl asked the City Engineer to point oat the area on the map. The City Engineer pointed out the area on the map on the overhead projector and said there is no storm sewer in the area now, except for some small areas, and this would enable them to install it in other parts of the area as the development of the area increased. The City Engineer said the City Attorney has a mpy of the resolution and he con- curred in the passage of it. 1�� REGIILAR COUNCIL MEETING OF JUNE 4, 1973 Mayor Liebl asked how much was to be put in escrow by Mr. 0'Bannon� PAGE 6 The City Assessor said this was $800 per lot. The City Assessor said the Resolution should state this amount for each residential building site, not each lot as some lots are very large and unplatted. He said one of these lots could include several buildings. Councilman Utter asked if this would include the development done by Richard Miller� The City Engineer said heis paying $800 per lot. MOTION by Councilman Breider to approve the resolution with the amendment that this should include each buildable site. Seconded by Councilman Utter. Councilman Nee said he thought this was a very good idea, but he would like to get the record clean and questioned the legality of the resolution. Councilman Breider said the developers in the area have been required to escrow this amount for each lot. The City Engineer said the money would be escrowed with the City and the people would be charged when the system is put in. He said some of the assessntents will be more and some less, those that will be less will get some money back at the time of the installation. He added, this was as estimated figure. The City Engineer said the City is banking the money until it is needed. He continued, the City Attorney has advised him that this is prope:. AMENDMENT TO THE motion by Councilman Starwalt that in part number two of the resolution be "That for each residential building site the required escrow will be $800 and for other types of construction, the escrow amount required will be $8 per 100 square feet; due and payable at the time of the issuance of the building permit, less any storm sewer assessment assessed against the property, or any storm sewer assessment pending against the property. This escrow amount will be used for any future storm sewer development in this area." Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. UPON A VOICE VOTE ON THE ORIGINAL MOTION, all voting aye, Mayor Liebl declared the motion carried. DISCUSSION REGARDING ANOKA COUNTY CENTRA.L DISPATCHING SYSTEM: Coui�cilman Breider said he would like to discuss the items one by one. He said the first item dealt with establishing a standard telephone number for dispatch3ng system that the people could easily become familiar with. He said the suggested number would be 425-1212. MOTION by Councilman Breider to approve the standard number. Seconded by Councilman Utter. ' ' , l�� REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 7 , Mr. Robert Hughes, Fire Chief, stated that many people could become confused by the number as the street names in the cities would be the same and it would be difficult to determine which city the call would be coming from. He said he thought it would be better to retain the number being used in Fridley for those fire emergency calls. He said often times the caller is unable to repeat the address or give it clearly and is unable to give directions adequately under the stress of the emergency. He said a real problem could be created by someone giving the address and not the City. Councilman Breider said he would like to have the Fire Chief come back to the Council with some alternatives to this proposal. He said he would like to find some solution and he would direct the Fire Chief to come back with this proposed alternative. Mr. Hughes said not all the Fire Departments are going into the system. He said the people should not be told they will get a fire truck if they call this numoer, he added, they will not do this from some of the communities in this area. MOTION by Councilman Breider to adopt 427-1212 as the Police Emergency number. Second- ed hy Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider said the next item to he discussed was the Central Dispatching Lines and the number to be used. The Public Safety Director said he would recommend the use of four lines if the 1500 is carried for the Fire Department calls. � MOTION by Councilman Breider to carry four lines from this district to the Central Dispatching Center. Seconded by Councilman Starwalt. Upon a voice vote, al1 voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider said the next item is the hours of dispatching of emergency business by municipalities. Councilman Breider said this would Ue a matter of just throwing a switch and the administration would handle this with the County. The Public Safety Directo: agreed, saying this can be switched back and forth. Councilman Breider said item number four dealt with selection of Fire Department dispatch alternatives. Mr. Hughes said the Fire Department could go into the system and if it did not work, he would like to go back to the present system. MOTION by Councilman Utter to have the Eire Department go into the system but go back to the present system if it did not work. Seconded by Councilman Starwalt. The City Manager said the Fire Departments would be involved in the planning of the system with the joint law enforcement Council. The Public Safety Director said all five chiefs can be incorporated in the planning to meet all requests. Mayor Liebl said this would increase the efficiency and cut the costs. The Public Safety Director said there are seven juristictions including the sheriff and all are using various radio frequencies. He said if there is trouble in the area, this is not efficient. He said the cost is not as strong a factor as the basis o£ � operations. He said the initial system would be paid for hy a Federal grant, and the remainder would be paid for by the County. Mr. Eill said there would be some saving for Fridley initially. ��� REGIILAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 8 Mayor Lieh1 said in case of an extreme emergency such as a murder, all forces would be combined to do the tracking, He said a11 police forces could be combined to help out in such cases. Mr. Hi11 said seven law enforcement groups would be brought together. He said the community car could be put in the area where it is needed. The City Manager said there is another definite saving in the cost of personnel. He said the Police Department was able to hire technicians rather than dispatchers. He said this would be $150 a month Less. He said the kechnicians would do the work in the office freeing the Police Officers for Police �Qbs. He said the Police can get away from the clerical work of the office. Mayor Lieb1 said he believed this would improve efficiency. IIPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. DISCUSSION REGARDING 1972 LICENSE FEE FOR WILLIAM F. WEISS, SANDEE'S RESTAiJRANT: MOTION by Councilman Utter to receive the communication from Mr. William F, Weiss, regarding the license fee dated May 23, 1973. Seconded by Councilman Breider. IIpon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said it was his recommendation to approve the credit for the license fee as he thought this would be reasonable. The City Manager said he had discussed the matter with the Finance Director and he had stated it would be in order for $666 to be credited to his 1973 License application ' account. MOTION by Councilman Utter to grant a credit of $666 to Mr. William Weiss for his 1973 on-sale liquor license application. Seconded by Councilman Starwalt. Upon a wice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO BUILD A THREE STALL GARAGE FOR AN APARTMENT BUILDING AT 6060 - 2z STREET N. E., bY R. 7. BAUMAN: Councilman Nee asked if Mr. Bauman was present at the meeting. Mr. Bauman addressed the Council stating he would like to pass out some information to the Council. MOTION by Councilman Utter to receive the communicatian from Mr. R. J. Baumsn concerning the construction of a three stall garage at 6060 - 2z Street N. E. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl read the letter aloud to the Council and audience. piayor Liebl asked the Crty Engineer if this matter had heen presented to the Board of Appeals. The City Engiaeer said the item had been before the Board of Appeals and they had recommended it be approved with the stipulations that Mr. Bauman install pavement in the area and also curbing. Mr. Bauman was to agree to a time-table for the improve- ' ments. The City Engineer said any realistic date for this installation would be okayed by the staff. He said this must he done according to the Code. �._..J � � � �? � REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 9 Mayor Liebl said he knew of the area and he thought Mr. Bauman was trying to solve the problem by the construction of the garage. He said if the garage is put in, there has to be a driveway and also a set number of parking spaces Mayor Liebl said gravel does not do the �ob. Mayor Lieb1 asked Mr. Bauman if he could make some kind of commitment to the Council on the installation of the pavement? He said the cur6ing would not be included. Mr. Bauman asked if he could put in crushed rock? Mayor Liebl said this would create more problems. Mr. Bauman said he would like blacktop, himself, but it was very expensive. Mayor Liebl said this did not have to be done for two years. The City Engineer suggested the deadline date for the construction of the blacktop parking area be Sune 1975. He said if this is not feasible, he can come to the Council at that time and it can be discussed. The City Engineer said at least the parking lot should be required, and the curbing can be waived at this time. The City Engineer said they could continue discussing the matter the entire evening. He said he would suggest Mr. Bauman set a date at June 1975 for the installation of the blacktopping in the parking area and if he is unable to meet the commitment come back to the Council at that time. MOTION by Councilman Nee to grant the building permit for a three stall garage with the stipulation that the required paving for the parking lot be installed by June 1975. Seconded by Councilman Utter. Mr. Bauman said he would be appearing before the Building Standards Design Control Subcommittee and he would work out the necessary measurements for the garage with them. The City Engineer said there are some restrictions that must be confirmed to. Mr Bauman said he would talk to the City Engineer later on these matters Councilman Starwalt asked Mr. Bauman if he planned to rent the garage sta11s7 Mr. Bauman said the garage would be a place for him to work and do the necessary repair work for the building and his automobiles. He said presently if he must fix something, he is forced to do it in his apartment. Councilman Starwalt sa�_ci when a building be�omes a hodge-podge repair building, it may become a fire hazard. Mr. Bauman said he could also take the car from the gatage and have room to do repair work, he would a]so have a storage area he said. He also mentioned working on the Ford Coupe and putting it out of sight. Mayor Liebl asked if he planned to use the area for a repair shop. Mr. Bauman said not at a11, �ust for maintenance on his own personal automobiles. The City Engineer said the main purpose of the structure would be the storage of cars. He said Mr. Bauman is currently short of parking spaces. Mayor Liebl asked Mr. Bauman if he would water the grass and put on some fertilizer UPON A VOICE VOTE, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. ��� R�GUL9R COUNCIL MEETING OF NNE 4, 1973 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 23, 1973: PAGE 10 ' CONTINUED: VACATION REQUEST: SAV �k73-08, DENNIS A. RANSTROM: VACATE 20 FOOT UTILITY AND DBAINAGE EASEMENT LINE BETWEEN LOTS 10 AND 11, BLOCK 1, RICE CIiEEK SCHODL ADDITION, TO ALLOW CONSTRUCTION OF A HOME ON TWO LOTS, SAME AS 6700 ARTHUR STREET N, E.: The City Engineer said a Public Hearing had been set fmr June 11, 1973 on this item. The City Engineer sa1,d there was ri0 HCtiOri t&k2n on th15-1te7R. LAND USE DISCiISSIdrT: i20��FR CHRISTENSOY3: PROPOSAL TO CONSTRUCT A SCHOOL GARAGE ON LOT 1, AND THE NORTH 25 FEET OF LOT 2, BLOCK 6, RICE CREEK PLAZA SOUTH ADDITION. SUBJECT TO ALL EASEMENTS OF RECORD.: The City Engineer said this item concerned the proposed construction of a School Bus Garage by Rodger Christenson. He said a letter had been submitted hy Mr. Carl Newquist, Attorney for Mr. Christenson. MOTION by Councilman Utter to receive the letter from Carl Newquist in regard to the construction of a school 6us garage dated May 30, 1973. Seconded by Councilman ' Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Lieb1 read the letter to the Council and audience. He said nothing could be done on the matter that evening. Mayor Liebl said Mr. Christenson was trying to make an offer to the Clty for the land for $35,000 or perhaps less. He said he understood the complaint of the neighborhood, but the applicant has to be out of the current business structure by fa11. He said he would like to know if the City could exchange land or reimburse Mr. Christenson. Acting City Attorney, James Gibbs, said he had talked to Mr. Herrick and there was some question on the value of the land. He said the land is zoned light industry and the applicant could build the proposed structure on the land. He said perhaps there could be an adequate compromise worked out. He said it was h�,s considered opinion that Mr. Christenson had a right to build the school bus garage on th� property. MOTION by Councilman Breider to table the item to Sune 11, 1973 and that the Administration investigate the possibility of using the land for a park facility and exchanging some other facility. Seconded by Councilman Utter. Upon a voice vote, a11 voting a�,�e, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the Planning Commission minutes of May 23,1973. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Lie61 declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BIIILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE MEETING OF MAY 24, 1973: L J REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 11 ��� � The City Engineer said the request was for the construction of the Ground Round Restaurant by Howard Sohnson's. He said the Subcommittee had recommended four stipula- tions. He said the request could be approved and the requirements could be worked out with the applicant. He said they should work with the City for the modification of the traffic signal and roadway. The City Engineer said the applicant should be aware there is an easement coming up for this modification. Councilman iltter asked when the proposed construction wouLd be started. Mr. Snyder from the Roseville Ground Round Restaurant said within 30 to 45 days Mayor Lieb1 agreed with the recommended stipulations from the Subcomm�ttee and said he would like the maintenance of the property handled differently The City Engineer said the maintenance program would have to be improved. Councilman Starwalt asked if the stipulation that Yhe parcels of property be combined also be included. MOTION by Councilman Starwalt to approve the plan with following stipulations recommended by the Building Standards Design Control Subcommittee: 1. Definite landscape plan be brought in for Council approval. 2. Blacktop curbing be replaced with 6" x 18" poured concrete curbing. Concrete curbing be used to enclose the East side perimeter island and to separate the parking areas and green areas on the North, West, and � South sides. Concrete curbing wi11 also be used along both driveways. 3. A 10 foot radius be used on the East side parking 1ot entrance. 4. A 6 foot screening fence treated to m3tch the building he placed around — the dumpsters, etc., and a gate be provided. and adding the following stipulations• 5. That the parcels of property be combined for ease of handling through the Assessing Department. 6. That the applicant is aware of and accepts future easemeats on the modification of the traffic signal and roadways. Seconded by Councilman IItter. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. TO THE PRESENT STRUCTURE LOCATED ON AUDITOR SUBDIVISION ik39, LOT 6, PARCEL 950; TI� SAME BEING 98 - 43rd AVENUE N.E., FRIDLEY, MINNESOTA (REQiTEST BY ACME METAL SPINNING, 98 - 43rd AVENUE N.E., FAIDLEY, MINNESOTA 55421); � The City Engineer said there were two stipulations recommended by the Building Design Control Subcommittee. He said if there is future expansion, they will have to pay for the storm sewer system. MOTION by Councilman Nee to concur with the Building Standards Control Subcommittee � and approve the plans for the addition with the following stipulations: 1. A Eive year period be allowed far further expansion, at which time, poured concrete curbing (6" x 18") will be used to repla�e the precast curbing actd put poured concrete curbing in place where the City deems nece„sary. 2. Drainage problem be worked out with the Engineering Department 1�� REGULAA COUNCIL MEETING OF SUNE 4, 1973 PAGE 12 Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl , declared the motion carried unanimously. SYLVAN AILLS PLAT 5, PARCEL 5; THE SAME BEING 6410 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY ANTLER CORPORATION, 2954 NORTH RICE SREET, ST.PAUL, MINNESOTA 55113 FOR BiTRGER KING CORPORATION); Mayor i,iebl said the maintenance of the area should be improved. He said the State is doing some landscaping along the roadway and this should be kept up. He said thexe are always paper cups and garbage laying along the highway. Mayor Liebl said the employees should pick this up, its their obligation to clean up the area. CounciZman Breider said the people at McDona2d's pick up paper a11 the way up to Mississippi Street. The City Attorney agreed, saying they assign this clean up to the work crew each day. The City Engineer said the Subcommittee had recommended the refuse containers be enclosed, that poured concrete curbing be installed in the parking lot, that the exterior ladder be placed internally and that the landscaping be improved. Mayor Lieb1 read aloud the stipulations as recommended to the Council. Mayor Liebl said there should be more restraint. The City Engineer said the concrete curbing � will keep the people from driving all over. The City Engineer recommended a fifth stipulation be the area should be maintained and the refuse should be picked up. MOTION by Councilman Breider to concur with the recommendations of the Building Standards Design Control Subcommittee and approve the request wrth the following stipulations: 1. Repair refuse enclosure, either redwood or rough eedar plywood, and provide a gate. 2. P1ace poured concrete curbing (6° x 18") around the entire parizing lot and driveways. 3. The exterior ladder found on the rear roof will be placed internally. 4. Fina1 landscaping plan be brought ir for Council approval. 5. That the area maintenance be improved and refuse be picked up more frequently. Seconded bv Councilman Utter. Upon a voice vote, Mayor Liebl declared the motion carried. CRCEK ROAD, FRIDL�Y, MINNESOTA. (REQUEST BY R. C. E. CORPORATION, ST. PAUL, MINNESOTA, MR. DICK ERNST, 2841 JOHNSON STREET N,E „ MINNEAPOLIS, MINNESOTA IS THE REPRESENTATIVE FOR R. C. E. CORPORATION) THIS STORE SS KNOWN AS A 7-11 STORE.: The City Engineer said there is a drainage problem in this area and he belzeved action on the matter should be delayed. MOTION by Councilman Breider to table any action until Sune 11, 1973, Seconded � by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTSON by Councilman Utter to receive the minutes of the Building Standards Design Control Subcommittee of May 24, 1973. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF SUNE 4, 1973 PAGE 13 ��5 � RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 29. 1973: A AEQUEST FOR A VARIANCE OF SECTION 56.05, 3A, PRIDLEY SIGN ORDINANCE, TO INCREASE THE MAXIMITM SIGN AREA FOR A WALL SIGN FROM 84 SOUARE FEET, 15% OF THE TOTAL WALL AREA TO 160 SQIIARE FEET TO ALLOW THE ERECTION OF A SIGN TO BE LOCATED ON PARCEL 15D0 AUDITOR�S SIIBDIVISION dR88_ THE SAME RE2NG 6265 NTQHWAV 65 N.F _ FRTnT.F.Y_ MTNNRS(1TA_ - 77th WAY N The City Engineer said the request was for the construction of a wa11 sign in the Shoreanood Plaza Center. He added, the Board of Appeals had recommended approval of the request, He said the sign was for the Payless Shoe Store. He referred to page 6-J of the agenda and said this was the type of sign being proposed. MOTION by Councilman U[ter to concur with the rPCOmmendations of the Board of Appe�ls and grant the aariance for the sign reas»ested by Signcrafter's Incorporated for th2 property at 6265 Highway 65. Seconded by Councilman Starwalt, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimnusly. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SA, PRIDLEY CITY CODE, TO REDIICE THE SIDE YARD SETBACK ON A CORNER LOT FROM 17.5 FEP�T TO 10 S FEET TO PERMIT TIIE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING LOCATED ON LOT 30, BLOCK 24, HYDE PARK ADDITION, THE SAME BE uIG 5861 MAIN STREET N,E., FRIDLEY, MINNESOTA. (REQUEST BY MR. CLYDE DEBOLT, 5861 MAIN STREET N.E.. FRIDLEY, MINNESOTA): � The City Engineer said the request was for a slde yard variance at 5861 Main Street to permit the construction of an addition to an existing dwelling, He said the Board of Appeals had recommended the approval of the variance. MOTION by Councilman Starwalt to concur with the recommendation of the Board of Appeals and grant the variance for 5861 Main Street N.E., requested by Mr. Clyde Debolt. Seconded by Councilman Nee. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST FOR A VARIANCE OF SECTION 45.053, C, FRIDLEY CITY CODE, TO REDUCE THE REQUIRED 151 SILVER LAKE ROAD, NEW BRIGHTON, MINNESOTA): The City Engineer said this is a request for a back yard set back from 25 feet to 14 feet at 1501 Windemere Drive N. E. and the Board of Appeals had recommended the variance be approved. MOTION by Councilman Starwalt to concur with the Soard of Appeals and approve the back yard variance as requested by Rodney Billman at 1501 Windemere Drive. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � 1�6 REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 14 A REQUEST FOR AN ADDITIONAL VARIANCE OF SECTION 45.153, 1B, FRIDLEY CITY CODE, TO ' REDUCE THE SQUARE FOOTAGE REQUIREMENT OF A TOWNHOUSE IN AN R-1 DISTAICT FROM 5,594.7 SQUARE FEET PER UNIT TO 4,246.5 SQUARE FEET PER UNIT TO ALLOW THE CONSTRUCTION OF A TOWNHOUSE DEVELOPMENT TO BE LOCATED ON THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, T-30, R-24, EXCEPT THE SOUTH 185.0 FEET THEREOF AND EXCEPT PARCELS A AND B, THE SAME BEING BORDERED BY 63RD AVENUE ON THE SOUTH, MISS- ISSIPPI STREET ON THE NORTH. 7TH STREET ON THE EAST AND STH STREET ON THE WEST: THE CITY COUNCIL HAS APPROVED A VARIANCE OF SECTION 45.143, 1B, FRIDLEY CITY CODE, FROM 9,000 SQUARE FEET PER UNIT TO 5,594.7 SQUARE FEET PER UNIT; REQUEST BY THE WALL CORPORATION, 803D CEDAR AVENUE, MINNEAPOLIS, MINNESOTA; Mr. Rudolph Dante addressed the Council and said he was a representative of the Wall Corporation. Mr. Dante said he hoped the Council had all received a copy of the minutes of the Board of Appeals meeting. He said he had been directed to meet with the City Engineer for a solution to the proposed development problem which would best suit the City, the community, and the Wall Corporation. He said he would like to turn the floor over to the City Engineer to see if they were still in agreement on the proposed plan. The City Engineer said as he had pointed out Uefore, there is a drainage problem in the area and the plan for the solution of the drainage would have to be a sound one. He said the drainage plan was what had heen laid out in the original plan, approved last year, and this would function adequately. He said the second point ' of discussion was the recreation building. He said the new plan had been modified to include a party room, indoor swi�ing pool, warming room, and sauna. He added, the Wall Corporation had also agreed to include a tennis court on the grounds. The City Engineer said the third problem was that of the traffic and access to the complesc. He said they had been concerned if there would be enough stacking room in the second plan. He said he would reco�end limited access on Mississippi Street and access on 7th Street if the access could be close to Bennett Drive. He said they had agreed also, that the townhouses would be owner occupied within a period of three years after the completion of the construction. He said at this time the Council could grant an extension of two years if necessary. Mr. Dante said the three years would begin after the completion date or four years from now. Mayor Liebl asked when the pro�ect is scheduled for completion. Mr. Dante said if they could begin construction in the middle of July, it will be completed in 12 months. Mr. Dante said he would like to create a total community in the area. Mayor Liebl asked if the construction would jeopardize the 7th Street improvements. The City Engineer said what they really wanted is to have the system installed properly. He said he wanted to make sure the system is built to the proper spec- ifications. The City Engineer said 7th Street would be installed next as had been pointed out to the people. Mr. Dante said he still did not agree with the installation of the tennis court, he ' had some concern over this point. Mayor Liebl said the City Engineer is very conservative on the City's standpoint. 1�� REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 15 � Councilman Breider suggested the Council hear the entire proposal befcre they begin to discuss one point. The City Engineer said he was trying to have the plans call for a good complex they all can be proud of. The city �ngineer said he was looking for an outline to give them some direction to work with. He said he would like the Council to a�prove the plan working out the following special problems: L The Drainage problem be solved to the Engineering Departments satisfaction. 2. That the recreation building include a party room, swi�ing pool, sauna, warming room, and a tennis court. 3. That there be limited access on Mississippi Street. 4. That the access on 7th S�reet be as close to BennettDrive as possible. 5. That the total complex be owner occupied within three years after the completion of the construction and that at this time, the Council may grant a two year extension if needed. The City Engineer said the plan could be approved with the stipulations or it could be changed. � Councilman Utter asked the number that had been requested. The City Engineer said 155 units. Councilman Utter said he was concerned about the access on 7th Street, he felt there is too much traffic there now. Mr. Dante said there was 17 units that would use the Mississippi Street access. Councilman Breider asked if the language should be "lirnited access." The City Engineer said this was his reco�endation and they would work on the 7th Street access to br�ng it down to Bennett Drive. Councilman IItter asked if there will be dredging and filling done. Mr. Reese said some of the area will have to he compacted in order to put houses on it Coimal,man Utter said there is some water seeping underground and into the people's hasements. Mr. Dante said they would be creating their own water district and taking care of the drainag e problems. He said they not only had their o-wn problems, they also had everyone elses. He said the pro�ect will be done professionally correct. Councilman Utter said he could not see how they were going to make water run up hill, but wished them luck. Mr. Dante said they can always use lift stations. Councilman Starwalt said he had talked to some of the people on 7th Street and Bennett Drive about the total reduction of the overall units planned and they were confused. He said the complex was 3escribed as heing reduced in size rather than reduced in the number of units. He said some of the people he had talked to thought � this was a better plan and some of them had attended the Board of Appeals meeting. He said he felt the aceess on Mississippi was not an objecriona�le plan. i�� REGULAR COUNCIL MEETING OP JUNP� 4, 1973 PAGE 16 MOTION by Councilman Breider to approve the variance for 155 units with the following ' stipulations l. That the 7th Street access be as close to BennettDrive as possible. 2. That Limited access be providelon Mississippi Street. 3. That those units in the R-1 area be owner occupied within a period of three years after the completion of the construction and at that ts,me a two year extension on the time limit be granted by the Council if it is needed. 4. That the drainage problem be solved with the Engineer ing Depar-tment. 5. That the recreation building include a swimming pool, party room, warming room and sauna and that a tennis court be provided. Seconded by Councilman Utter. Councilman Utter said there are many people playing tennis and would they be creating a monster by only including one court for 155 units? Councilman Breider suggested if there is enough area perhaps a tot lot should be created. He said the purpose would be to emphasize the recreational area, The City Engineer said there had been a public hearing before the Board of Appeals and the Board of Appeals had recommended 140 units. He added, erther_there should be a hearing before the Council, or take their recommendation. He said if this was done, no property owner could come in and sue the City. He said he hoped tlhe plan could be developed without further complications. Mayor Liebl said he thought there had been enough meetings. He said he thcught the ' community would be served with this plan as it was 100% better than the original plan. The City Engineer said if there was a hearing�the City could cover its legal footprints. Councilman Breider said the only change wouLd be in the variance. The City Engineer said this would be the first time they had change3 a variance by density. He added, this is usually done by zoning not by a variance. The City Engineer said the Council would be changing the reeommendation of the Board of Appeals. Councilman Utter said the Council did not have to follow the recommedation of the Board. The City Engineer said he was trying to get an answer from the City Attorney but he had to leave the meeting. He suggested allowing the City Attorney to make a recommendation. Mayor Liebl said he had not heard anyone who was opposed to the plan. He said the people who were originally opposed had not attended the meeting. He said if they were in opposition, they would tell the Council about it, Councilman Starwalt asked how long the item would be delayed by having a hearing7 The City Engineer said one week. He added, this way at least the people wi11 be notified of the change. He said, maybe, no one will attend the hear�ng, Mr. William Driga�s, Chairman of the Board of Appeals addressed the Council. � � ' REGUI.AA COUNCIL MEETING OF 7UNE 4, 1973 PAGE 17 l � �) Mr. Drigans said the Board of Appeals was concerned with the variance. He said the townhouses should not be in an area under 9,000 square feet. He said this pro�ect in the R-1 area is 53% below this. He said the original variance was 38% below the required area for density. He said the code may be a Little high, maybe this should he 7,500. He said if the entire was zoned R-3, they could p�,t in 300 uaits. He said the density should be lowered to protect the area. Mr. Drigans said there is a great deal of traffic on 7th Street in the summer months because of the Fridley Commons area. He said a large pro�ect like the proposed one would create additional traffic in the area. He said they had submitted the plan as a total area, so the Board had handled the entire area as one. He said the area that is R-3 cuuld be approved, but they had dealt with the pro�ect as one unit. Mayor Liebl said to Mr. Drigans that he appreciated his suggestt7_ons. He said the Board of Appeals had recommended 140 units. He asked if the difference between 155 units and the 140 units would create this much additional traffic. Mr. Drigans said the reduction was from 171 to 140 and the Board of Appeals was looking at the code when they made their recommendation. Mayor Liebl said the density now would be 4,OOOsquare feet per unit overall. Mr. Drigans said it would be 3,800 square feet per uait. Mr. Drigans questloned if the units could be filled with this proposed density. He said he would not want to purchase a townhouse in an area such as this. Councilman Breider said the variance states it �aould be 4,246 square feet per unit. Mr. Dante said the Board of Appeals had wanted to maintain 4,200 plus square Feet £ar each unit. He said they wanted this for the R-3 area a1so. He said they had lowered the density in all areas and spread the units evenly over the entire pro�ect He said they had dropped the total number to 155 and th�s i•lcluded the R-3 area. Mr. Dante said he thought this was a feasible plan. Mr. Drigans said yes, it had been handled as one pro�ect. Mr. Dante said he wouLd like to go over the legality of the proposed action. He said Mr. Herrick, the City Attorney, said the matter should go before the people at a hearing of the Board of Appeals, this had been done. He said the people had agreed to 171 units, and they were a,^,ked if they wanted the 171 units and apartments or 155 units. He said there was no one there today to protest the action. He said he did not want to deLay the matter by bringing the people back again, he would not spend this kind of money for a holding period or spend another year to put up 155 units. Councilman Utter asked what the original requirement was per unit to put up 155 units� The City Engineer said the varianc� would only apply to the R-1 portion of the property. Councilman Breider asked what tlie requirement in the R-3 area called for? The City Engineer said this was not disputed as it is less than the code. Councilman Nee said he would like to refer to the statement of the City Attorney. ' He said he remembered the City Attorney had said what the City Engineer is saying. He said it was unfortunate that they did not have an attorney present at the meeting He said he did not know how serious this may be He asked Mr. Dante if a delay of one week would be that serious? Mr. Dante said they lzad �ust had a public hearing, Mayor Lieb1 asked where the City Attorney had gone. Councilman Nee said it had been Mr. Herrick who had said it, he remembered it 1 c� �� REGULAR COUNCIL MEETING OF JIINE 4, 1973 PAGE 18 Mayor Lieb1 said the peopLe are getting sick and tired of results on the issue. ' UPON l VOICE VOTE, a11 voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Lieb1 directed the Wa11 Corporation to work with the Administration for the completion of the drainage plan and the recreation plan. Mr. Uante thanked the members of the Council. He said he would like to begia construction as rapidly as possible wrth an expected completion date in_one year. He said he realized the entire pro�ect should be owner occupied within the alotted time. He said he hoped the tennis court would not be made one criteria for the appro�ral of the plan. MOTION by Councilman Breider to receive the minutes of the Board of Appeals Meeting of May 29, 1973. RECEIVING THE MINUTES OE THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF MAY 8, 1973: MOTION by Councilman greider to receive the minutes of the Environmental Quality Commission of May 8, 1973. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. CONSIDERATION OF � REQU�ST BY BURLINGTON NORTHERN FOR A FUEL STORAGE TANK ALONG EAST RIVER ROAD NEAR 44th AVENUE N.E.: The City Engineer referred to the letter in the agenda submitted by B. G. Anderson, ' Assistant Vice President-Engineering, Burlington Northern in which the location of the tank is pointed out. Councilman Utta asked if the tank will be a surface tank� Mr. R. D. Thompson said it would be a surface tank. Mayor Liebl questioned if the tank would set down eliminating it from view. Mr. Thompson said there wi11 be a berm shrub�y�ry, fencing and landscaping to hide it from view. Mr. Thompson said the tank wi11 be a 48 foot tank. Mayor Lieb1 said it would be close to East River Road and not '�;r any residential property. MOTION by Councilman Nee to grant the permit to Burlington Northern for the Diesel Fue1 Storage Tank. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. DISCUSSIDN REGARD IIVG THE PUTURE OF THE STATE LEAGUE AND THE PROPOSED DUES INCREASE: MOTION by Councilman Breider to table the item until after the Convention of the League that the Mayor and Councilman at Large wi11 be attending. Seconded 6y Councilman Starwalt. Mayor Liebl said he thought it unfortunate that the League had lost the support of the IIniversity af Minnesota. He said the remainder of the members of the League must � now supplement the funding. He said the members of the League and the City did get a lotof use from the facilities at the University. He said he did not know what could be gained by abandoning the League, it would not benefit the tax payer. He said it would be his recommendation to remain in the League or the Council would be doing a disservice to the community. ' LJ � REGUI�AR COUNCIL MEETING OF SUNE 4, 1973 �. .� � PAGE 19 Councilman Breider said they did not have to take a position of opposition, they could say the action had been delayed for the input of the convention. UPON A VOICE VOTE, Starwalt, Breider, and Utter voting aye, Nee and Liebl voting nay, Mayor Liebl declared the motion carried, three to two. DEPARTMENT MOTION by Councilman IItter to adopt Resolution ��74-1973 requesting the Minnesota Highway Department to install a signal at the intersection of 73rd Avenue N E. and Highway �'k65. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. CONSIDERATION OF CHANGE DRDER -0FE-1 WIRING FOR AUTOMATIC DOOR OPENERS - LIQUOR STORE: The City Manager said the change order was for the purpose of providing wiring for the doors. Councilman Starwalt said he thought the matter of the doors had been completed The City Manager said the wiring is in the doors, but they have to be wired to the electricity. The City Manager said he hoped this would be the last change order for the Liquor store. MOTION by Councilman Starwalt, to approve the change order for the wlring of the electric door in the liquor store for $442 requested by Lee Electric. Secoaded by Councilman Breider. IIpon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS; GENERAL 32043 - 32169 LIquOR 7829 - 7846 MOTION by Councilman Utter to approve the claims. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayar- Lieh1 declared the motion carried unanimously. LICENSES: TYPE OF LICENSE Service Station Ed's Service 8100 East River Road Fridley Fridley Texaco Service 6071 University Ave. Fridley $111�5 $pllY 6485 East River Road Fridley BY �dker Austin Dennis Sarkilahti Murphy Oi1 Corp. APPROVED BY Fire Insp. Comm. Dev. Adm. Fire Insp. Comm. Dev. Adm. Fire Insp. Comm Dev. Adm FEE 30 00 �iI1��Z1] 30 00 � ��� REGULAR COUNCIL MEETING OF JUNE 4, 1973 TYPE OF LICENSE BY Service Station Cont, Shel1 Station 6101 University Ave. Fridley E. 0. She11 Cigarette Howard Sohnson's 5277 Central Ave. Fridley pioneer Dist. Co. Food Establishment Fridley Terrace 7400 Highway 65 Fridley MID Corp. Fireworks Display 100 ltain Drive-�n 694 and Central Fridley Robert Brasil Garbage Pickup SDS Enterprises 17410 Driscoll St. N.W Anoka Santo DeSteFano Dan's Disposal Route 1 Cedar Daniel Johnson Used Car Lot Smitts Motor 5649 IIniversity Ave. Fridley Wallace Schmedeke General Contractor Certified Constuction Co. 2700 Bryant Avenue North Minneapolis, Minnesota L. M. Hogg Dalberg Builders Inc. 1121 - 8Dth Avenue N �. Minneapolis, Minnesota Samuel Dalberg Loeffel-Engstrand Company 612 - 11th Avenue South Hopkins, Minnesota Robert Loeffel PAGE 20 APPROVED BY FEE � Fire Insp. Comm. Dev. Adm. Pub. Safety Dir Comm. Dev. Adm Fire Insp. Pub. Safety Dir Pub. Safety Dir Comm. Dev. Adm C. Belisle C. Belisle C. BeLisle 30.00 12.00 5.00 3.00 ' 25.00 25.00 �[III�III] , L J ' REGULAR COUNCIL MEETING OF JUNE 4, 1973 TYPE OF LICENSE General Contractor Cont. Salitros Roofing 5233 - 6th Street N.E. Columbia Heights, Minn. Statewide Contractors 4221 Excelsior Boulevard Minneapolis, Mxnnesota BY James Salitros Mr. Foss Balco Building Systems Inc. 2809 Wayzata Boulevard Minneapolis, Minnesota Robert Balch III Sign Erectors Telke Signs Inc, 3940 Minnehaha Ave South Minneapolis, M�nnesota R. Telke 15} PAG� 21 APPROVED BY FEE C. Belisie C. Belisle C. Belisle C. Belisle MOTION by Councilman Utter to approve the licenses. Seconded by Councilman Starwalt Upon a voice vote, a11 votirg aye, Mayor Liebl deciared the motlon carried unanimously ESTIMATES: LOGIS 300 Metro Square Building St, Pau1, Minnesota 55101 Statement of 1973 Class 1 Charges Lee Electric Company 3775 Highway 52 Robbinsdale, M�,nnesota 55522 PARTIAL Estimate �k6 for electric �aork on Fridley Off-Sale Liquor Store from 4/25/73 to 5/29/73 Comstock & Davxs Inc. Consulting Engyneers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the following• $ 3,725.00 450 00 � PARTIAL Estimate �k2 - Street Improvement Project y'k1973-1 & 2 from April 2 through April 27, 1973 4,450.45 PAP.TIAL Estimate �'k16 - Sanitary Sewer, Storm Sewer & Water Improvement Pro�ect �'k102 from Apri1 2 through Apri1 27, 1973 336.84 ��� REGi1LAR COUNCIL MEETING OF JUNE 4, 1973 P�stimates Cont. PARTIAL Estimate ��2 - Water Improvement Project y'�109-A from April 2 through April 27, 1973 PARTIAL Estimate y'�2 - Water Improvement Pro�ect ��'109-B from April 2 through April 27, 1973 PART7AL Estimate �k2 - Water Improvement Pro�ect ��'110 from April 2 through April 27, 1973 PARTIAL Estimate y'r�3 - Water Improvement Pro�ect ��'l11 from April 2 through Apri1 27, 1973 PAGE 22 , 329.41 255.89 323.18 771.43 MOTION by Councilman Nee to approve the estimates. Seconded by Councilman Starwalt. IIpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously APPROVAL OF SETTIIVG DATE FOR CITY COUNCIL - PLANNING COMMISSION DINNER MEETING FOR SULY 19, :�a, 31, 1973, AIIGUST 1 or 2, 1973: Mrs. Barbara Hughes, 548 Rice Creek Terrace, asked the purpose of the proposed meeting Mayor Liebl said it was to enable the members of the Council and the PLanning Commission to meet and get acquainted. He said it would be an informal dinner and discussion. � He said he thought it very important for the Planning Commission and the Council to work together. He said he did not know the suggested place of the dinner. He hoped they could meet the new members and exchange ideas. MOTION hy Councilman greider to set the meeting between the Planning Commission and the Council for Suly 30, 1973 at 6;30 p.m. Seconded by Councilman Starwalt. Mayor Liebl suggested the place for the dinner meeting be George Is In Fridley. UPON A VOICE VOTE, Liebl, Utter, Breider, and Starwalt voting aye, Nee voting nay, Mayor Liebl declared the motion carried four to one. Mayor Liebl asked Councilman Nee if he would be attending the dinner meeting? Councilman Nee said he had not reached a decision. RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF MAY 31, 1973: MOTION by Councilman Breider to receive the minutes of the CATV Meeting of May 31, 1973. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. CONSIDERATION OF SETT7NG PUBLIC A�ARING FOR SULY 2, 1973, TO CONSIDER AMENDMENTS TO OR➢INANC� id522 - CABLE TELEVISION: MOTlON by Councilman Breider. Seconded by Councilman Starwalt. Upon a voice , vote, all voting aye, Mayor Liebl declared the motion carried unanimously Councilman Nee said he thought the City had an-obligation to test the proposition. He said he would like to consider a test�not an amendment. He said he would not like to see an investment until there is certification. Councilman Nee said many public officials say this should not be accepted. He said they should not lay down and sacrifice this without doing something. He suggested trying to win before the ordinance is amended. REGULAR COUNCIL MEETING OF JUNE 4, 1973 l 5 �5 PAGE 23 Mayor Lie61 said he would not like to try to fight the Federal Government. Councilman Nee said he would not have to. Councilman Sreider said this was the purpose oi the Commission. The City Manager said at this time, the Council would only be setting the Public Hearing. He said at one time there was no limit to the amount of fees a City could coLlect and a City could grant a franchise to the company who pays the most fees. He said now this has been cut to 3 to 5%. Councilman Nee said there is the matter of subscriber revenues versus gross revenues. He asked if they should talk to the public or the State of Minnesota. He suggested holding up the ordinance. UPON A VOICE VOTE� all voting aye, Mayor Liebl declared the motion carried unanimousLy. COMM[JNICATIONS • W S. BRECKENRIDGE• NORTH PARK DECISION: MOTION by Councilman Utter to receive the communication from W, J. Breckenridge concerning the North Park decision, dated May 22, 1973. Seconded by CounciLman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously � D. F. L. CLUB: SUPPORT FEMINISTS FOR OFFICE: MOTION by Councilman Utter to receive the communication from Mc Dean Caldwell,Chairman, Fridley D. F. L. Club. regarding support of feminists, dated May 25, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. WYMAN SMITH: GLOVER VS COLUMBIA HEIGHTS AND FRTDLEY: MOTION by Councilman Starwalt to receive the communication from Wyman Smith regarding Glover vs,City of Columbia Heights and City of Fridley, dated May 25, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. EHLERS AND ASSOCIATES: GOLF COURSE/NATURE CENTER FINANCIAL REPORT: The City Manager said the report had been requested by Councilman Breider, Moderator for the Noxth Paxk Committee. He said this report could not be completed until the report from Brauer and Associates is received. He said Brauer would come up with a cost figure for the Golf Course/Naure Center and then would meet with Ehlers and Associates. The City Manager said cross figures would be available to come up with various financing available. The City Manager said Ehlers and Associates would make a presentation to the North Park Committee and also to the City Council. He said the report should be done by � the 12th of June, to enable the North Park Committe to study the material. 156 REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 24 Mayor Liebl said the committee should get all possible information to make a sound � judgement. He said this financial report would be necessary to realize what is necessary to make the recommendation come true. He said he would like the committee to have time to digest the information before making a decision. He said he would like a sound recommendation to the members of the City Council. Mayor Liebl said he did not feel the Council should make a decision immediately after the Committee makes a recommendation, he would like two to three months to think about the information and recommdation. He said he would also like to have the people come before a Public Hearing before the decision is made. He said in his judgement, the decision would have to be made in light of the fact that it will have to be lived with for many years to come. Councilman Breider said in his position as Moderator of the North Park Committee, his intention was to get the committee off the ground. He said he thought he had accomplished this task. The report from Brauer and Associates would be ready within the next week, he said. He said when this is furnished, the committee will have some basis to work. He said he would like the committee to get into a decision making process after the meeting of July 12th, 1973. He said after this meeting he would like to remove himself as moderator of the Committee. Councilman Breider said it is 6ecoming increasingly more difficult for him to act as moderator and not let his personal opinions become involved. Mayor Liebl said he had not talked to the people on the Committee. He said he would like them as an independent body to make a firm recommendation to the Council. He said with the help of Mr. Ehlers, this will be a mature �udgement with all the available facts. � Councilman Breider said his main intent in serving on the committee was to inform the community of what was going on. He said he felt this had been done. Council- man Breider said he had talked to a lot of people in the community about the Cable T.V. issue and they did not know what was being talked about. He said if he asked the people in the community about the North Park matter, they all seem to be familiar with the item. Councilman Utter questioned the people interested in a nature center. He asked how the City was to hire a naturalist and assess the people. Councilman Utter said he hoped the people could read the report from the University of Minnesota naturalist. He said he questioned how the City could hire the naturalist, and have other communities use the facility without any funding. Councilman Breider said the City would be receiving fifty copies of the report from Brauer and Associates. He said there are a great deal of people interested in reading the report. He said there are many who would want to read the report in the coming months. He questioned the feasibility of reproducing the report and the cost of such a pro�ect. He also asked if it would be possible to check copies out from the library like a book. He said the report could be lent for a certain time period and returned. He said this kind of system would enable many people to read the report over the next few months. Councilman Starwalt agreed, saying interest is very high on the issue. He said ' he has assured the people he has talked to, that there will be a method of obtaining a copy of the report to read, one way or another. REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 25 15i ' MOTION by Councilman Breider to authorize Ehlers and Associates to complete part number one of the financial report on North Park golf course/nature center when the report is available from Brauer and Associates. Seconded by Councilman Starwalt. Mrs. Barbara Hughes asked if they were authorizing financial criteria7 Councilman Breider said this would be determined from the report from Brauer and Associates. Mayor Liebl said the first part of the report would be $1,500. Councilman Breider said the City would have to start someplace, they could start with the report from Brauer and the report from Ehlers. Mrs. Hughes said she hoped the City would not be paying $1,500 for something unrealistic. Mayor Liebl said the City would have to tell the people of the costs. He added, Ehlers and Associates has always been a competent advisor to other Councils. He said he thought the City should have a comparison. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. COUNCILMAN NEE'S COMMENTS ON RICE CREEK AND LOCKE LAKE PROBLEMS VOICED BY DONOVAN �CHiILTZ : Councilman Nee said he hated to continue the meeting at such a late hour, but � he had been contacted by Mr. Donovan Schultz several times about the problems on Rice Creek and Locke Lake and he thought this should be brought to the Council's attention. He questioned if the City would enforce the restriction that there would be no motor vehicles in the area being damaged and eroded. The City Manager said at the present time, the area is not posted. He said the City could only chase the violators off the property. He said he had contacted the sewer board requesting them to install some fencing in the area. He said the board had asked him if the City approved of their plans and he had answered that the City had approved the plans. He said he also sent the letter submitted to the Council by Mr. Frank Nebel, 6961 Hickory Drive, President of the Locke Lake Home Owners Association, to the Board. The City Manager said this letter contained some strong language. The City Manager said the City Engineer has been talking to the Metro Sewer Board daily. Councilman Utter asked what kind af fencing would he installed. The City Manager said it would be chain link fencing. Councilman Utter said the chain link fence could be undermined. The City Manager said people could cut thought it also. Councilman Utter said Mr. Schultz had requested something more permanent be used such as steel or concrete. The City Manager said the fence would shut off the whole area. He said the traffic would come up against the fencing or the railroad tracks. The City Manager said he had already sent the letter of approval of the plans to � the Sewer Board. He said if the plans are going to change, the Council better let him know so he can notify the Board. 15� REGULAR COUNCIL MEETING OF SUNE 4, 1973 ADJOURNMENT• PAGE 26 MOTION by Councilman Utter to adjourn the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unani- mously and ad�ourned the Regular Meeting of the Fridley City Council of 7une 4, 1973 at 12 25 a.m. Respectfully Submitted: ��.��.� � �G� Patricia Ellis Secretary to the City Council ��'Ct�..�° �.P.�1l.+ �• Frank G. Liebl, Mayor 1 � �