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09/23/1974 - 0001568117 Ci THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 23, 1974 The Regular meeting of the Fridley City Counctl of September 23, 1974 was called to order at 7:38 P.M. by Mayor Liebl. PLEDGE OF ALLEGIANCE Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INUOCATION: Mayor Liebl offered the Invocation. ROLL CALL. MEMBERS PRESENT MEMBERS ABSENT AD�PTION OF AGENDA: Councilman Utter, Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayor Liebl None MOTIOIV by Councilman Starwalt to adopt the agenda as presented. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unam mously. VISITORS. MR. RICHARD SILUERSTEIN, 6675 EAST RIVER ROAD N.E., REGARDING IrJ � Councilman Nee said Mr. Silverstein is present on a problem. Mr. Silverstein � said he was concerned about the Street Improvement Pro,7ect ST. 1973-3. He said no one has called him since the previous meeting of the Counctl. Mr. Silverstein said he was the owner of Lots 17, 18, and 19, but wondered what happened to 20 and 21. Mayor Liebl asked the Finance Director if he had checked with the County on this. The Finance Director said Lot 20 is a very narrow strip of land. He pointed out that the half section map that was used in the original figures was not correct and Lot 21 was being maintained as right of way by the County. Mayor Liebl said the Finance D�rector has �ndicated the assessments would not change if the Lot 21 was a County parcel. Mr. Silverstein asked if the County improved their own property, would he still be assessed. The Finance Director said this section is right,of way and would not be developed by the County. Mr. Silverstein asked why everyone on Rice Creek Way was not bein9 assessed. His question concerned those on both sides of the street. The Finance Director said this is not the City policy. He sa�d some of the lots are plated to face other streets. The City Manager said the Finance Director could meet with Mr. Silverstein and they could come 6ack to the meeting if they were not able to resolve this question. MR. DONOVAN SCHULTZ, 15 RICE CREEK WAY, REGARDING ASSESSMENT: Mr. Schultz addressed the Council and said he believed this assessment to be grossly unfair and whether or not this �s poltcy, it should be rewritten in this case. Mr. Schultz sa�d he had contacted two attorneys to represent h�m in this matter and one of them had bowed out in this case because of principle. Mr. Schultz continued to comment that the City was assessing three blocks or more and only on one s�de of the street. He said if the map had shown both sides and only half way up the block, but this way he did not believe th�s to be consistant with the policy. Mayor Liebl thanked Mr. Schultz for his comments. � � REGULAR COUNCIL MEETING OF SEPTEMBER 23, 1974 �� PAGE 2 OR�IfVAIVCE #570 - FOR VACATION REQUEST, SAV #74-03, JAMES LUND, OF AN EASEMENT, GENERALLY LOCATED IN THE 7500 BLOCK BETWEEN 73R� AVENUE AND ONONDAGA STREET N.E.: MOTION by Councilman Breider to waive the second reading of the ordinance and adopt the ordinance on second reading and order publication of Ordinance #570 Seconded by Councilman Utter. Upon a roll call vote, Mayor Liebl voting aye, Councilman Utter vot�ng aye, Councilman Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor Liebl declared the motion carried unanimously and ordered publication of the ordinance. OR�INANCE #571 - FOR REZONING REQUEST ZOA #74-03, BY THE CITY OF FRIDLEY, TO REZONE CHASE ISLAND FROM CPR-2 FLOOD PLAIN TD CPR-1 FLODD WAY : MOTION by Councilman Breider that beaause of the request of the State Department, he would move to waive the second reading of the ordinance, adopt the ordinance on second reading and order publicat�on of the ordinance. Seconded by Councilman Utter. Upon a roll call vote, Councilman Utter, Councilman Nee, Councilman Breider, and Councilman Starwalt, and Mayor Liebl voting aye, Mayor Liebl declared the motion carried unanimously and the Ord�nance #571 adopted on second reading and publication ordered. OR�INANCE #572 - AMENDING CHAPTER 4c'�.5 OF THE FRIDLEY CITY CODE ENTITLED CABLE TELEVISION FRANCHISE: RATE INCREASE• AND RECEIVING LETTER OF UNDERSTANDING FROM GENERAL TELEVISION, INC � MOTION by Councilman Breider to receive the letter of understanding from General Television stating there would not be a rate increase for at least 18 months. Seconded by Councilman Utter. Upon a votce vote, all voting aye, Mayor L�ebl declared the motion carried unanimously. MOTION by Councilman ereider to waive the reading and adopt the ordinance on � second reading amending Chapter 405 of the Fridley C�ty Code entitled Cable Telev�s�on Franchise: Rate Increase. Seconded by Councilman Utter. Up'on a roll call vote, Councilman Nee voting aye, Councilman Breider vot�ng aye, Councilman Starwalt voting aye, Mayor Liebl voting aye, and Councilman Utter voting aye, Mayor Liebl declared the motion carried unanimously and ordered publication NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMEN�ING SECTION 3 03 OF CHAPTER 3, FRIDLEY CITY CODE ENTITLED PERSONNEL: The City Manager suggested that the ord�nance be adopted on first reading and the ordinance could be changed after additional input on the second reading. Mayor Lie61 asked the City Manager if he anticipated any problems and the City Manager said no. MOTIDN by Counc�lman Utter to adopt the ordinance on first reading, that the reading be waived. Seconded by Councilman Breider. Upon a roll call vote, Councilman Breider voting aye, Councilman Starwalt voting aye, Mayor Liebl vot�ng aye, Council- man Utter voting aye, and Councilman Nee voting aye, Mayor Liebl declared the motion carr�ed unanimously RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF AUGUST 27, 1974. � MOTION by Councilman Breider to receive the minutes of the Environmental Quality Commission Meeting of August 27, 1974 for discussion. Seconded by Councilman Starwalt. Councilman Bre�der mentioned the portion of the minutes dealing with the possible leaf composting pro9ram. He said he thought there was an �ndicat�on that there would be money alloted in the 1975 budget for this type of program. He said in reviewing the parks budget for 1975, which is $70,OD0 plus, only $12,000 of this was for the purpose of neighborhood advancement. He said he did not think that th�s could he �ust�fied to the taxpayers. Ii� REGULAR COUNCIL MEETING OF SEPTFMBER 23, 1974 PAGE 3 Mayor Liebl asked if Councilman Breider concurred with leaf composting program. Counc�lman Bre�der said he could if there would be other money going to the nei9hborhood parks. He added that it is hard to justify this type of activity when the people do not see any cl�mbers in their park UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the mot�on carried unammously. RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF SEPTEMBER 4, 1974: MOTION by Councilman Breider to receive Committee Meeting of September 4, 1974. voice vote, all votin9 aye, Mayor Liebl RECEIVING THE MIiVUTES OF THE BUILDING f�1EETIiVG OF SEPTEMBER 12, 1974: the minutes of the Citizen Bikeway Seconded by Councilman Utter Upon a declared the motion carried unanimously. COIVSIDERATIOIV OF A REOUEST FOR LANDSCAPING AND OT ERY The Public Works Director informed the Council that this request had been withdrawn. CONSIDERATION OF A HOUSE RELOCATION DUE TD A REZONING REOUEST M-1 TO R-1. The Public Works Director said there would be no action necessary until the decision on the rezoning has been made. I0� OF A REOUEST TO CONSTRUCT PHASE II OF THE PRESENT STRUCmURE H The Public Works Director said this would be the second phase in the development of the Anoka County Ice Arena. The City Manager called Mr. David Torkildson forward to make the presentation for the County Mr David Torkildson, Anoka County Parks and Recreation Department came forward and presented a plan for the proposed addition to the members of the Council. General discussion concerm ng certain specifications in the plans continued at the Council table. Mayor Liebl asked Mr. Torkildson if he was in agreement w�th the stipulations as suggested by the Bu�lding Standards-Design Control Subcommittee and Mr. Torkildson said yes, he agreed. � 1 h10TI0fJ by Councilman Breider to approve the request to construct an addition to cne present ice arena facil�t�es with the five stipulations as recommended by the Building Standards - Design Control Subcommittee. Seconded by Councilman Nee. ' Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unani- mously IDERATION OF A REOUEST MI A NEW BUILDING TO BE USED AS A MEDICAL The Public Works Director addressed the Council and pointed out the proposed � REGULAR COUNCIL MEETING OF SEPTEMBER 23, 1974 � �' ,=j PAGE 4 construction on the plan on the easel. He said this was recommended for approval by the Subcommittee for the location only. He read the three stipulations suggested by the Subcommittee. The City Manager explained that when the Council had approved the plans for this concept, th�s was the concern of the neighborhood. Councilman Breider asked if there was an entrance on Lyric Lane and the Public Works Director satd no, they would all be on Dsborne Road Mayor Ltebl pointed out that when the plan was approved, there was certain criteria set and the members of the Councll would like to be sure that this crlter�a �s being followed. The City Manager said they want to clear the land at the present time. MOTION by Councilman Breider to approve the plan for the locattion w�th the six stipulations recommended by the Bu�lding Standards - Design Control Subcommittee and with the additional or seventh stipulation as follows• 7. That dust abate- ment plans and normal cleanup take place and that this be po�nted out to the contractor. Seconded 6y Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the mot�on carr�ed unam mously. MOTION by Councilman Utter to receive the minutes of the Building Standards - Design Control Subcommittee Meeting of September 12, 1974. Seconded by Cauncil- man Starwalt. Upon a vo�ce vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVIIVG THE MI 10, 1974: � A REQUEST FOR THE MLJIMUM F SECTIO�J 205.0 nrTrn tn[� rn L_J OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF SEPTEMBER IANGES �F: SECTI�N 2�5.�54. 2B. FRIDLEY GITY C�DE. TO RELIUCE E The Public Works Director pointed out that the request was to reduce the first floor square footage and also reduce the square footage of the lot. CTTON He further pointed out that the Subcommittee recommended approval of the request with a two to one margin. Mayor Liebl asked if there was any opposition to the request and there was no response. Mayor Llebl asked that this 6e made a part of the record. Mayor Ltebl asked if there was any oppositton to the request and there was no response. Mayor Ltebl asked that th�s be made a part of the record. Mayor Liebl asked when they would like to start construction and the Publ�c Works Director said this year Councilman Starwalt said there was a question raised at whether this is a valid or perhaps not a desirable building site. He said many tax forfeit lots are being used and are very suitable. He said he believed the proposed canstruction would fit into the overall neighborhood MUTION by Councilman Starwalt to concur with the recommendation of the Building Standards Design Control Subcommittee and approve the request to reduce the square footage of the first floor and also reduce the square footage of a lot. Seconded by Councilman Bretder. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. 11� REGULAR COUNCIL MEETIIVG OF SEPTEMBER 23, 1974 A REQUEST FOR PERMISSION TO ERECT A � „. Y AVENU I PAGE 5 A representative of Frank's Nursery addressed the Council and said they had requested 132 square feet not 100 as appears in the heading of the item He said the only reason they were asked to go to the subcommittee was because there was a notation in the past minutes of the Council that there would be no additional stgns in this area �n the future. He further pointed out that the company would be allowed a sign 240 square feet on this wall. He sa�d this would be placed over the entrance to the building Mayor Liebl asked if they were planning construct�on in this area this year and the representative sa�d yes. Mayor Liebl asked tf this was the second business at th�s location and the representative said yes. Councilman Breider said he would have no ob�ection to chang�ng the request from 100 to 132 feet. MOTION by Councilman Breider to approve the request for the construction of the wall stgn to be 132 square feet. Seconded by Councilman Utter. Upon a vo�ce vote, all voting aye, Mayor Liebl declared the motion carried unanimously. n ECTION 205.053, 4C, FRIDLEY CITY CODE, TO REDUCE � E The Public Works Director said the request was to reduce the rear yard setback from 15 feet to 13.09 feet. He said this request was made by Anoka County for the construction of the addition to the Ice Arena. MOTIOfV by Councilman Utter to concur with the recommendation of the Board of Appeals and approve the variance Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. � � MDTION by Councilman Utter to receive the minutes of the Board of Appeals Subcommittee Meeting of September 1D, 1974. Seconded by Councilman Starwalt. Upon a votce vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVIWG THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 11, 1974. DER T ON UF A PRELIMINARY PLAT. P.S. #74-05. RICE CREEK ESTATES SECOND REPLAT OF LOT 1D The Public Works Director said the action would be to set a public hearing. He further explained the developer would like this pl�blic hearing at the same time as the publ�c hearing on the installation of the public utilities and the exact date of this is not known at the present t�me. MOTIOId by Councilman Breider to set the public hearing as arranged by the builder and developer of the Rice Creek Estates. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carried unanimously. PUBLIC HEARING. COIVSIDERATION DF A REZONING REQU �iUHICH. TO REZONE LDTS 11-21, AND LOTS 28-37, B ADDITION, FRGM M-1 LIGHT IIVDUSTRIAL AREAS TO R- AREAS TO ALLOW THE MOVING IN OF A SINGLE FAMILY BLOCK 4, SPRINGBROOK PARK ADDITION, GENERALLY LOC EST: ZOA #74-04, BY HENRY F. The Public Works Director said this was conttnued to give the applicant some time and there is no action necessary at the present t�me i� �� LJ kEGULAR COUWCIL MEETING OF SEPTEMBER 23, 1974 �Yc) PAGE c MOTION by Councilman Breider to receive the minu�sof the Plam m �g Commission Meeting of September 11, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MIfVUTES OF THE CATV COMMISSION MEETING OF SEPTEMBER 13. 1974: MOTION hy Councilman Utter to receive the minutes of the CATV Commission Meeting of September 13, 1974. Seconded by Councilman Starwalt. Upon a voice vote, All vot�ng aye, Mayor Liebl declared the motion carried unanimously. RESOLUTIDN No. 98-1974 - RECEIVING PRELIMINARY REPORT AND CALLING A PLIBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVE- MENT PROJECT ST. 1975-1 AND ST. 1975-2 MSAS : MOTION by Councilman Utter to adopt Resolution No. 89-1974 Receiving Prel�minary Report and Calling a Public Hear�ng on the matter of construction of certain improvements Street Improvement Pro,7ect ST 1975-1 and ST. 1975-2 (MSAS). Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, and said the public hearing is set for October 21, 1974. RESOLUTION N0. 99-1974 - APPROVING PRELIMINARY PLANS FOR THE IMPROVEMENT OF INTERSECTION OF T.H. #65 AT CSAH #35 AN� HACKMANN AVENUE. MOTION by Councilman Starwalt to adopt Resolution No. 99-1974 Approving Preliminary Plans for the Improvement of Intersection T.H. #65 at CSAH #35 and Hackmann Avenue. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liehl declared the moiion carr�ed una m mously. RESOLUTION N0. 100-1974 APPROVING PRELIMINARY PLANS FOR THE INTERSECTION MODI- FICATIONS ON T.H. #47 FROM I.694 TO OSBORNE ROAD: � MOTION by Councilman Breider to approve the plans for the intersect�on modifica- tions on T.H. #47 from I.694 to Osborne Road. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION N0. 101-1974 - CERTIFYING CERTAIN DELINQUENT WATER AND SEWER CHARGES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1975 TAXES MOTION by Councilman Utter to adopt Resolution No. 101-1974, Certifying Certain Del�nquent Water and Sewer Charges to the County Aud�tor for Collect�on with the 1975 Taxes Seconded by Councilman Starwalt. Councilman Starwalt asked if this resolution and certifying incorporated the last resolution on the penalty. The City Manager explained that this is still under the old policy. He hoped with the new policy, this would not be necessary the comtng year. Councilman Starwalt asked what the larger amounts were and the City Manager said they were apartments. UPOtJ A VOICE VOTE, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. APPOINTMENTS: CI7Y EMPLOYEES: � ?OLICE OFFICERS: NAME EFFECTIVE DATE Wayne A. Pfuhl September 30, 1974 Robert G. Friis Michael G. Trancheff POLICE TECHNICIAtJ �avid J. Keding September 30, 1974 September 30, 1974 September 30, 1974 SALARY $950 $950 $950 $638 REPLACES K Wilkinson who filled L. Fritz Sgt. Position New New K. Mulrooney ! R �j REGULAR COUNCIL MEETING OF SEPTEMBER 23, 1974 PAGE 7 Mayor Liebl referred to the memo submitted in the agenda by the Pu61ic Safety D�rector, Mr. James P. Hill, which recommended the appointment of three police officers and one police techn�cian. Mayor Liebl asked the City Manager if this was h�s recommendation and the City Manager agreed with the recommendation of the Public Safety Director. MOTION by Councilman Utter to concur w�th the recommendation of the City Manager and the Publ�c Safety Director and appoint the aforementioned three police officers � and one pol�ce technician. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS: GEI�ERAL 37052 - 37286 LIQUOR 9190 - 9229 MOTION by Counc�lman Utter to approve the claims. Seconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. LICENSES: MULTIPLE DWELLING Owner Paul M. Johnson 3925 Shamrock Dr Mpls. Mn. 55421 Elliot V. Be m ncasa 6063 - 3rd St. N.E. Fridley, Mn. 55432 James H �ohnson 621 Bennett Dr. Fridley, Mn. 55432 John M Hanson 7518 Stinson Blvd. Fridley, Mn. 55432 Five Sands Development 7100 Wayzata Blvd. Five Sands �evelopment See above address Five Sands Development See above address Five Sands Development See above address Five Sands Development See above address GAS SERVICES Address 6525 - 2nd St. N. E 6061-63-65 - 3rd St.N.E 380 - 57th Place N.E. 150 59%z Way N. E 7805 East River Road 7825 East River Road 7845 East River Road 7875 East River Road 7895 East R�ver Road Thomas Air Cond�tioning Co. 815 - 14th Avenue S. E Mpls., Mn 55414 By: Vince Andersen GEf�ERAL CONTRACTOR American tiuilders Inc. 1201 West Broadway Mpls., Mn. Roger 5heehy Company 7091 Highway #65 N.E. Fridley, Mn. 55432 By: David Ostrow By• �ohn Palmquist Units Fee Approved By: 7 $15.00 R D. Aldrich, F�re Prev. 3 4 12 59 59 59 59 59 15.00 R.D. Aldrich, Fire Prev. 15.OD R.D.Aldrich, Fire Prev. � 17.00 R.D.Aldrich, Fire Prev. 64.00 R. D. Aldrtch, F�re Prev. 64.00 R.D. Aldrich Fire Prev. 64.00 R.D. Aldrich Fire Prev. 64.00 R. D. Aldrich Fire Prev. 64 00 R. D. Aldrich F�re Prev W. Sandin C Belisle C. Belisle � � � REGULAR COUIJCIL MEETING OF SEPTEMBER 23, 1974 HEATING Controlled A�r Corporation 3008 Bryant Avenue South Minneapolis, Mn. By: Harold Chr�stie Approved By W Sandin 1-f`7 PAGE 8 MOTION by Councilman Utter to approve the licenses. Seconded by Counc7lman Nee Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 August Retatner for services as City Attorney Comstock & Dav�s, Inc. 1446 County Road "�" Minneapolis, Mn 55432 PARTIAL Estimate No. 3, Sanitary Sewer & Water Improvement Pro,7ect No. 155 from August 5 through August 31, 1974 PARTIAL Estimate No. 8 for Sam tary Sewer, Water & Storm Sewer Improvement Pro�ect No 114 from August 5 through August 31, 1974 �1,345.00 11.79 $1,256.60 MOTION by Councilman Nee to pay the estimates. Seconded by Councilman Utter. Upon a vo�ce vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS• TWIN CITIES AREA METROPOLITAN TRANSIT COMMISSION• ANOKA COUNTY TRANSIT STUDY: MOTION by Councilman Breider to receive the communtcat�on Seconded by Council- man Utter. Upon a voice vote, all vottng aye, Mayor Liebl declared the motion carried unanimously. EST BY COUNCILMAN UTTER TO HAVE COMMUNICATION OF THANKS SENT TO INDIVI Councilman Utter asked the C�ty Manager if the staff could prepare a letter to be sent to the individual members of the Jubilee Committee from the Council express�ng the Council's thanks for their efforts toward the Jubilee celebration in the City. MOTION by Councilman Utter to send a thank you letter to each of the members of the Jubilee Comm�ttee. Seconded by Councilman Starwalt. Upon avoice vote, all voting aye, Mayor Liebl declared the motion carried unan�mously. Mayor L�ebl questioned Councilman Nee on his throught of making this type of celebration an annual one and Councilman Nee agreed. � Mayor Liebl said h e thought the teen dance should be rescheduled and suggested that if th�s be done during the winter months this be done at the K-C Hall. Mayor Liebl sa�d they had �ssued in the area of 200 to 300 tickets. Councilman Utter said he believed this would be more in the area of 1,000. Mayor Liebl said he would like to honor the commtttment of the Jubilee Comm�ttee. Councilman Utter sa�d if this is to be done it could be done at the Wickes parking lot 7n the spring. � INFORMATID Councilman Starwalt questioned if the Wall Corporation would begtn building the�r complex zn the near future. The City Manager said the company was waiting for 1�� REGULAR COUNCIL MEETING OF SEPTEMBER 23, 1974 PAGE 9 federal assistance before beginning the pro�ect. The City Manager continued that this would be in the area of three to five months. Councilman Starwalt questioned the progress of the Darrel Farr Corporat�on in present�ng the land to the City for park purposes. The City Manager said he would have to check into this and furnish the information to Councilman Starwalt. NDJOURNMENT: MOTIOfV by Councilman Breider to ad,7ourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the regular council meeting of September 23, 1974 adjourned at 8:51 P M Respectfully submitted, �--�-�-�:.� �'a.�.,.�...�. Patricia Ranstrom Secretary to the City Council Date Approved: //-�`7� ��Cd+a+� � • �'�V Frank G. Liebl Mayor � , �� LJ