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06/02/1975 - 00015249� �� !,'Ui THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 2, 1975 The Regular Meeting of the Fridley City Council of June 2, 1975 vaas called to order at 7:31 P.M. by Mayor Nee. PLE�GE OF ALLEGIANCE: Mayor Nee invited those present to ,7oin with the Council in saying the Pledge of Allegiance to the Flag ROLL CALL: MEh1BER5 PRESENT MEMBERS ABSENT Councilman Breider, Counctlman Si,arwalt, Counci�man Fitzpatr�ck, Mayor Nee, and Councilwoman Kukowski. None Mayor Nee explained to those present and watching the meeting that there is always an agenda book available �n the Library from the Frtday preceeding the meetirg and also an agenda on the podium at the meeting. APPROVAL OF MINUTES: PUBLIC HEARING MEETING OF APRIL 14, 1975• MOTION by Couc m lman Breider to adopt the minutes of the Flpril 1G, 1975 ?ublic Hearing Meeting of the Fridley City Council as submitted Seconded by Coucnilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously OPEN FORUM, UISITORS MR. ED DROPPS, PINE TREE BUIL�ERS, RICE CREEK ESTATES Mr. Ed Dropps addressed the Council and said he was opposed to the requirement that he set aside up to $800 per 10,D00 square feet for storm sewer escrow for a pro,7ect that has r�� been approved and never has been approved. He mentioned that thzs pro�ect is only in the talking stage. He said no intent �s beinq shown on the part of the City Council to shot�r how long it will be before thts pro�ect w�ll be provided and it may be ten years or never. Mr. Dropps said he questioned the legalitv of this procees .n sett�ng aside this money for a pro�ect that has nPVer bEen approved. Mr. Dropps asked the City Attorney to wri'te a letter to the Atiorney General concerning this practice and the legality of it. Mayor Nee asked if this i�m could be handled as an agenda item after the seventh item on the agenda and Mr. Drepps agreed to this. MR STAN HILLESTEAD, 4709 MAIN STREET PJ. E., RE�UEST FOR SIGNS OR FATROLLING OF ALLEY: Mr. Hillestead explained that the alley on wh�ch he lived is bpinq used like a race track He said he had called some time ago and asked for some caution signs in the alley, 6ut nothing has been done. He said he had 6een told that the conditions do not warrant any signs. Mr. Hillestead said there are motor cycles using the alley. Councilman Fitzpatrick said this had not been brouqht to his attention. He questioned if it is illegal for the motor cycles to be uFtng tne alley. He asked if this could he done if the operators do not live in the area Mr. Htllestead said they do not live in the area and they use it. The City Attorney explained that if the vehtcle ts licensed and being operated by a licensed driver, they could use the alley ,7ust as a car could. Mr Hillestead asked the Council to consider his request Mayor Nee asked Councilman Fitzpatrick if he wouldchecktnto the problem and Councilman Fitzpatrick said he would review the area. MR LEONARD MOORE, JR., 8301 RIUERUIEW TERRIICE, PRESENTEU PETITION REQUESTING I r� 10-1975: Mr. Moore addressed the Council and said he would like to present a petition to the Mayor �n°, L, i� r REGULAR MEETING OF JUNE 2, 1975 i�:Cei�i and City Council. He explained the petition to be in support of the installation of tennis courts in the Riverview Heights Addition. Fle explained that this area is void of any type of recreational facilities and the people have to travel to Brooklyn Park or Coon Rapids to use tennis courts. Mr Moore said there is vacant land on Glencoe and Riverview Terrace and also some on Liberty He also mentioned that Ru±l; Circle Park could also be used. Mr. Moore also exp7ained that there is a problem in the area �n that the young people do not have anything to do andl�they gather at the Fridley Food Market. He asked if the ' Council would give some dir•ection to the Administration to include this request in the upcoming budget. MOTION by Councilmaaro Fitzpatrick to receive PetitTOn No. 70-1975, request7ng installation of tennis courts and basketball courts in the Riverview Heights area and near by. Seconded by Councilwoman Kukowski. Mayor Nee asked Mr. Moore �f he had a list of the possible sites for the instal'ation of the facilities. Mr. Moore sald he felt the City would be in a better position to select the possible sites. Mr. Moore said that the tenms coming year. he had talked to the Director of Parks and REcreation and he had indicated court in Ruth Circle may be the only one to appear in the 6udget for the Councilman Fitzpatrick said this petition would bring the request to the attention of the City Manager an� D�rector of Parks and Recreation �epartment in preparation for the 1976 budget. Mayor Nee said this request would have to be referred to the Administration for selection oF a possible site where the City owrs , sufficient land. Mr. Moore asked if the Administrat�on would call him and indicate if this request is being considered, He said he would l�k�� to not�fy the people of the area on any possib]e action � on the m�tter. P1ayor Nee said this would have to be discussed by the Parks and Recreation Comm�ssion. A1R. KENfJETH SPOP,RE �� TN Mr. Sporre addressed the Council and said he had a petit�on to present requesting the the instal7ation of tennis courts on the east side of East River Road. He asked �f the Cauncil would pass a resolution'�irecting the consideration of this item in the budget for 1976. P4r Sporre suggested that the tennis courts 6e constructed in Ruth Circle. Mr. Sporre continued to comment that there are no tennis courts tn the north part of Fr�dley. He explained that the East River Road would restr�ct young people from traveling back and forth from a tennis court on the other side of the road and he suggested that both sites be constdered if at all possible. He mentioned that there is a �uvenile problem at the Fridley Grocery store. Ne again suggested that a tennis court be located in Ruth Circle and said the children in the area are not allowed to cross East River Road. Mr. Sporre said he recently had to go to Coon Rapids for a tennis facility and when he got there, there were so many people waiting it was not possible to use the courts. MOTION by Councilman Fitzpatrick to receive Petition No 11A-1975 request�ng installation of tennis courts �n Ruth C�rcle and Petition No. 71B-1975 requesting installation of � tennis courts in River View Heights. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. P1rs Sporre said the two petitions represent 400 signatures which would be almost unanimous coverage of the area. Councilman Fitzpatrick said at the previous Thursday conference meeting the Council had directed the Administration to 6ring it to the attention of the Park Department that more tennis courts should be constructed in Fridley in general and particulary in this area. Mr. Sporre askeca if it would be possib�e for the Council to adopt a resolution to the Parks and Recreation Commission asking them to consider this request in their budget. He added, Mr. Brown would ltke some Council direction on the matter. 203 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 3 Mayor hee questioned if this would be necessary since there is a great deal of support for the construction of iennis courts in ihe Ruth Circie area and he assumed th;s would 6e done. Mayor Nee questioned if the Ruth Circle locat�on would be satisfactory to the people in the Riverview Heights area. Mr. Sporre satd N1r. Brown had sa�d that this �as not in the �budget and he would need some direction to place th�s �n the budget Mayor fJee said he did not know what the cost of such a tennis court wauld bP. He said there ha� been a master plan and he thought that this tenn�s court was inrluded, flayor Nee said this request would take about a week to process. Mr Carl Paulson, 430 5th Place N. E., asked if the City c�uld aut a hold on pro�erty so that someone else could not buy it Mrs. Edwin Girard, 680 Glencoe, addresseq the Council and said the City had received a parcel of property as a donation to be used as a playyrourd for children and this had not been developed. She mentioned the larger children use the aera to play baseball and the smaller children are not allowed to play in the area. Mrs. Girard said she thought the older children could go to kennedy Park. She ment�oned there should 6e some place for the younger children up to ten or eleven to play She said that the Park on Glencoe has a rough skating rrnk ln the win�er and the small children cannot use the area �n the summer. f�1rs. Gtrard said there is qutte a bit of building of new homes in the area and this would increase the need for a park in ihe area. She sa�d at zhe present time, there is no place for the younger children to play except ti�e sireet. Mrs Girard requested tha� some equipment such as a swing or slide 6e placed in th� uark. She meiitioned other areas of the City have parks which are developed and she thoughL it was about time that some attention was given to this part of the Cizy. �Mr. Alex Barna, 56D Hugo Street addressed the Council and said there is a*ot lot on Nugo and Broad and there are more children playing in his yard than in the tot lot. He mentioned that there are quite a few iarge parcels o` property ii� the flood p'ain zoning and people would be having trouble buildiny on them. He questioned if the City would he abLe to purchase some property w�thin this area. Councilman Bretder said he understood that the City owns quite a large amount of property on 79th. Mayor PJee said yes, the City �s tryir�g to get together a piece of property large enough to do someth�ng witn. Mr Barna said the best thing would be to get some prope:°t}• on �ly wi±hin the 10 year flood rate. Ne said he would like to see the C2ty put in soine tennis ��ourts. Mr. Barna mentioned that there �s a problem in the area with rie place for tne chiidren to play. He said a boy ran into East P,iver Road and was htt by a car recently. Mr. Barna said that ihere is a need for a �top signal on 79±h and questioned if th�s is being planned, or could �he community pressure i;he County into proceedina with this installation. He mentioned there is a need for a stop light tn front of the Fridley food market He said it is not possible to gain access to East River Road and many times it takes up to f�ve minutes to gain access. The City Manager said there is an overall plan for traffic controls for this area with the signal at 79th included. He sa�d zhis�would have to be appropriated �n the f,�ty �budaet for one half of the cests and the Council wou]d have to decade which matters are higher priority. He mentioned the total cost or the sigr�ali�ation to be ir the area of $45,000 to $50,OOD. The Ctty P9anager said the Ciiy had been in contact w�th the County on this, an�i the response vias not very �avorable. Mayor Nee said the best thtng to do would be to talk to three Ceunty Commissioners. Mrs. Lee Ann Sporre, 301 Ironton Street, said she h�J called and talked co the Courty Engineer some time ago. She explained that the En�ireering De�artment was abl� to furnish data on t't�� count oE the *raffic �n the area, but ciid nat have ari�/ information concerning the accident rate She further explair;ed that the Cou��ty had indicai,ed that they receive tms information from the City. Mr Ken Sporre said the plan for ±he signal at 79Lh is in the B�keway P1an. Playor Plee said the plan for the signal at i9th is in all of the City plans He said it was hard `or him to believe that the County does noi knaw about the C�ty's intent. The City Manager sa�d the County Commiss�oners also represent the people. 204 REGULAR COUNCIL hiEETING OF JUNE 2, 1975 PAGE 4 Mrs. Sporre said she thought �t would be best if a resolution adopted by the Fridley City Council were hand carried to the County. Mayor Nee commented that it would be best if it were backed up with 500 signatures �4rs. Sporre said if the Council would pass a resolution, �he would get the siqnatures. Mayor Nee asked that the City be given two weeks on the matter ADOP7ION OF AGENDA. Councilwoman Kukowsk� said she would like to add a commum cation from the Pu�lic 4Jorks � Department concerning a tour of the f4unicipal garage and also discuss rescheduling the �une conference meeting. Mayor Nee said the item concerning the storm sewer escrow in Rice Creek Estates would also be added MOTION by Councilman Breider to adopt the agenda with the previously mentioned additions. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. IDERATION OF SECO^!D READING OF AN ORDINAfJCE ESTABLISHIPJG CHAPTER 113. REFUSE DISP05AL Mayor Nee sa�d the admim stration would make some comment about the amendments in the proposed ordinance. He mentioned that there were representatives from the hauling firms present and asked if any of them would like to comment. Mr. Rodney KagFr,Manager of All State �isposal, addressed the Council and referred to Section 113.02 Containers and asked that rather than limit the size to 30 gallons, could this be ch�anged to 45 gallons. He said thi�would still eliminate the use of the 55 gallon burning barrels Mayor Nee asked if this change could be made. Mr. Kag� asked if the plastic contatners woul� meet the sp�ifications within the ordinance. Mayor Piee said this would be allowed if the ordinance would read °such as galvam zed metal or plastic containers and should not exceed 45 gallons". � Councilwoman Kukowski asked if the plastic containers would melt. Mr. Kage°said they melt and rodents could chew through them. He said they also break up in the winter months Counc�lvroman Kukowski said she d�d not think the City would want to add the use of the plastic containers. Pqr Kage said many people have them. He said if someone would consult him, he advises them that the gal�✓a m zed metal would be better. Fle said that the plastic containers shatter very easily. P1r. ICagerexpla med some are.better than others. Fle sa�d the type with the flip up lid break easily in the wtnter time. The City Attorney mentioned �t may be added that the plastic would be allowed for a period of one year, and then no longer allowed. Mr. Kag9"asked how this requtrement would be enforced. Cour,cilman 6reider asked if the other communities have banned the use of the plast�c containers Mr. Kaga°said no. Councilman Breider questioned how the people could be refused. He tfiought this would be very difficult to do. Mayor Nee indicated that the ordinance would not really say the metal containers are mandatory. He quoted the section and read, "such as galvam zed metal containers". Ne satd if the limit was placed at 45 gallon;, this would rule out the use of o�l barrels. Mr. Kager agreed Mr Kag� went on to section 1i3.06 and indicated ihe "Anoka County" should be stricken and "MPCA" added in its place. Mr. Y.agerreferred the Council's atterct7on to Section 113.07 �efective Containers. He questioned the portion of the ordinance where the hauler is to notify the City of Fridley concer m ng defective containers He asked if the last sentence in this portion could be deleted. He explained that the owner of the defective container could be not�fied with a copy of the notification going to the C�ty, but he ob,7ected to the inclusion of tht hauler not taking the contents of the defective containers. He thought the haulers would loose customers by doing this Counci]man Bre�der asked if most people correct his s7tuation. Mr. Kags°said they do have a lot of peop]e with this type of problem He said if the cont�rner is defecttve the hauler will throw it away. Mayor P;ee said he believed if this was working, it should 6e left out. i�r Kage said if the hauler knocks on the door and tells the owner that the can is defective, they usually purchase a new one. The City Manager said copies of the proposed ordinance had been sent to the haulers for their comments. He mentioned that the administratton had hoped that these comments would have been obtained befor2 the current meeting so that the amended ordinance could have been presented for adoption He said the Administration�had not received anvcomments from the publtc. REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 5 G V J Mr. Kagerreferred to ��ction 113.10, Refuse Haulers Regulations, and questioned �f the haulers would have to purchase a separate type of license for each of the catayories listed. Mayor Nee questioned why there is a need for all the different types of classes He thought that this question had been asked before, but he could not remem6er a �ustified answer being given. The City Manager called on the Public Works Director to explain this statement The Public Works Director said this would allow the City to have a list of the types of �service that is available to the residents tn the City office He said they would be able to determinewho is dealing with the commercial and residential hauling, etc. Mayor Nee questioned if it would mean that the hauler would have to purchase more than one license. The City Manager said the fee would be the same for additional catagories. Mr. Kagerasked if for one fee, the hauler could have all the types of the licenses and the City Manager said yes. Mr. Kageralso referred to Subdivision 8 of Section 113 10 and requested that the haulers be allowed to operate a spare vehicle in the City for a period of three days un thout notice to the City. He said if there would be a break down on the licensed truck, they would have to put another truck on the route. He said this would mean a hassle if they were tagged immediately. He menttoned if the spare vehicle would be used more than three days, they would notify the City. Councilman S�arwalt said he was surprised that all of the hau]ers veYiicles would not be licensed for operatton in the City. Mr. Kag � explained that they wouldlike to keep as few as possible vehicles licensed in the City of Fridley. He stated tne haulers do not license all of their vehicles in all of the commum ties �f operation, ir only one can handle the Fridley route, oniy �,n�_ would be licensed in the Ctty. ihe same truck would be used in the City for five days. Councilman Starwalt said if theCity would allow this provision, ii would make it possi6le for the haulers to use thisfree truck. Mr. Kage^said he did not taant a blanket free truck, he would only like to be able to use a spare truck for the period of thrPe days Councilman Starwalt questioned the operator trying to operate wi±h too small a nurnber 'of vehicles. Councilman Starwalt said if an operator had ten vehicles op�rating, tt may take eleven or twelve to keep the operation going Mr k:agx asked iP the haulers nad licenses to operate in 16 communities, would he suggest that the trucks be licensed in all 16 communities? Councilman Starwalt said what he was suggesting is that every vehicle on the road would be licensed to be there. He asked how this would be enforced He said if the truck was on the road who would know that this is within a period of three days. Mr Kagersaid the haulers are not out to take the City, they would notify them if this was to be over a period of three days. Mayor Nee asked if it would be possible for the hauler to notify the City on the first day. Mr. Kag � said when tne route Uegins at 6:00 A M., the last thing the operator is thtnking about doing is notifying the City at thts time in the morning. He said notification may be posstble later in the day, but it would be possible for the truck to be ticketed by then Counctlman Breider asked why the haulers could not call on the first day. He explained the concern of the City to be that the truck being used in the �ity are sound and not leaking all over the streets. He aid this would be the primary interest of the City MayorNee said if the haulers would be allowed this three day period, they could operate for a month and when asked, they could say that it had only been three days. Mr. Kager said it would 6e possible to notify the City on the first day, he �ust did not want this to have to be done the first thing in the morning. P�ayor Nee said the orelinance could be amended to allow up to three days operation of a truck without a license, but the hauler would be required to nottfy the City on the first day of operation of the uniicensed truck Mr. Kagerreferred to Section 113.10, Subdivision 13, Cancellation of Service, and said ,in this provision the hauler is again the "bad guy". He suggested the last sentence be changed to read, "When the collector determines that an accourit is uncollectable, notification will be sent to the City of Fridley". Mayor Plee asked ;f the deletion of the last sentance would be in order. He questioned the City becoming involved in the financial aspects of the operation. The Public Works Director explained that this provision was included to enable the City to be notified in the case that there may 6e a health hazard. The City Attorney said it would not be a concern of theCity if the operator cuts off the service. He said he would no+ see where thepayment of the bills would be the Ctty's concern. Mayor Nee asked if ratner th�n sending a notice to the City, the people could 6e allowed a month's grace period. Mr Kager sai� or, wher the collector would turn the bill over to the bill collector He said all of the haulers notify the customer when the bill becomes deltnquent, tt would be h�s concern that the nauler would have to notify the City. Councilman Breider questioned if he was requesting that after the hauler would dectde that the bill was not going to be collected, that at tnis time he would notify the City. Mr. Kag� said yes. He �xplained that most af the timz when the service is cut off, the people promptly pay the bill and the service resumes He said -, �� ;„� REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAfE 6 they would not want to notify the City at this point. Ccuncilman Breider said if the hauler was just trying to scare the people into paying the b�ll, the City would not be notified. The City Attorney said he felt the Admintstration and the haulers could work out this section. Mayor Nee asked if the�otification couid be sent to the City 15 days after the cancellation of the service. The City Manager said the City should note all of the comments from the haulers and meei with them to work tfiis out. ' Councilwoman Kukowsk� asked if the amendment would be something 17ke the following: "When any collector would determine that an account is uncollectable, notice will be served with the customer and the City of Fridley". Mr. Kag�'referred to Section 113.08, Placing of Containers, he questioned if the cans could be placed on the rear setback line, the side yard and not out in front of the house more than 24 hours. He questioned by all the provisions how the haulers could tell the people where to put their refuse. He said he would li4:e the refuse placed in front of the garage or on.the curb. Councilman Breider said he believed the intent of the Section is to allow placement in front of the garage. The Public Works Director said this would be at the normal set6ack Tine or approximately a distance of 35 feet from the property line. The City P1anager sa�d refuse can be placed on the curb, but not garbage, and this would be only for the period of 24 hours. He said the garbage can be placed in the front of the garage or on the side of the garage, or in the garage if it is possible for the hauler to gain access to the garage. The Public Works Director said it would be allowable to place the containers in front of the garage, but not in the frontyard. Mr. Harlan Lofgren, Lofgren Sanitation, addressedthe Council a�d stated that everyone on the Counc�l and the administratton understands and reads the proposed ordinance d�fferently. He said he would l�ke something written that the people could read and understand He said if thepick up can be in the front, the service could be operated at a reduced rate. He said �f the collector would have to go to the rear yard, this would increase t�me and expenses. He said he wouldlike this section redone so the peo�le in the commun�ty could , understand it. P4r. Lofgren asked if the ordinance could state that no refuse be allowed on the curb except for collection day. He said the ordinance doesnot state where the cans should be. The City Manager said the adm�nistration would meet with the haulers and modify the ordinance hefore the next reading which could be the next regular meeting. Mr. Dick Harris asked if therehad been some modification in the ordinance to allow placement of compost piles. He asked if this had been taken care of. Couricilman Breider said he had looked for the modification concerning ice removal and this was not included. MOTION by Courcilman Breider to table the consideration of the second reading of the proposed refuse ordinance until June 16, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING REPORT ON STUDY OF TRAFFIC CONTROL MEASURES IN AREA OF BENJAMIN/61/FERNDALE crnrcTC rnnnn narrrrnirncnenv in in�c . The Public Works Director explained tht the Admin�stration had been directed to do a comprehensive study on the traffic situation on Benjamin Street. He said four areas had been reviewed within the study. The first consideration was the accidents on Qenjamin Street between Rice Cre�k Road and Gardena. Second was radar surveillance for compilrn� figures on the speed situation of the area and thirdly, traffic counts. The ' fourth area of study was done on the manual for uniform traffic control devices. He recalled that the Council had t�ken previous actim for placement of stop signs in these areas, but further action and placement of one sign (61st and Ban�amin) had been delayed until the completion of the comprehensive study. Mr. Sobiech referred to the sect7onof the report dealing with the accidents in the area and informed the Council that there had not been an accident in the area for a three year per�od studied except for a recent accident of a bike rider who was in,7ured while trying to stop for the stop sign. He said within rhe report concerning the radar surveillance, 68 vehicles were monitored, with seven of these exceeding the speed limit by slight amounts. He said it did not appear that there was a speeding problem. He next went on to theportion of th� report dealing with the traffic control devices and explained that in California (Page 2-F and 2-G of the agenda) traffic control measures were taken with the results of before and after monitored. He said in one case after the stop signs were installed, speeds increased because of the frustration experienced by the 2�� REGULAR COUNCIL MEETING OF �UNE 2, 1975 PAGE 7 motorists because of the existrng stop sign. He said the insta7latioriiof stop stgns do not end a speeding problem. He sa�d if there is a speeding problem, he would recommend that this be handled through enforcement, not installation of stcp signs. He recommended that Ben�aimin from Gardena to Rice Creek Road be signed as a through street. He said the existing stop signs on Ben�amin and Briardale Road should be removeci. The City Manager explained in some cases, stop signs increase traffic problems rather ,than stop them. He said he would recommend that additional speed limit signs be posted. The City Manager questioned the placement of a stop sign on the steep hill and �nd�cated this would cause problems where people would not be able to stop or make it up the htll in the winter months. The City Manager continued to explain he recommended that this area would be placed on the prtority list for a special service area for Police enforcement and monitoring of problems. He sa7d he would also encourage anyone in the area who observes any violations to call the Police so that those in violation could be apprehended. He thought these recommendations would better control the traffic of the area than the placement of additional stop signs. The City hlanager stated the City might be in the position of having liability suits due to the placement of unwarranted stop signs. Councilman �arva�.said these were good points expressed by the Administration He noted that the people who live on these streets are convinced that there are v�olators and they are not being caught He asked what the difference would be between patrollinq and monitoring. He asked if this would mean that the violators would not be ticketed during the monitoring. The Public Works �irector said this �s correct. He said they �ust go into the area to determine if there is a problem. Councilman Starwlat asked �f it would be possible to use unmarked cars for patrolling He said the people do not abuse the law when the police are present. The City Attorney said he would be concerned about the patrolling with unmarked cars, unless the law had been changed. He said cars used for regular traffic patrolling must be marked cars. Mrs. Kathy Malone, 6131 Ben�amin Street N. E.,addressed the Council and said the area 'residents knew that the Engineering �epartment was opposed to the placement of the stop signs in this area, this is why they had come to the meeting and made this request to the Council. She mentioned that the homes on BPn�amin were all new with most of them being built within the last year. She questioned if the report of the area for the past three years was very representative of the current situatton She questioned if the res�,dents had to wait until one of the children of the area were hurt ard this showed up on an accident report. She mentioned tht the Public Works Director had indicated that the �ike accident was attributed to the stop sign. She mentioned that it was the unmarked car using the radar that had caused the accident. She said she did not think, by any means, that the stop sign had caused the accident or in�ury. She said the monTtoring was done during the period of time when the violators were in school. This is why the study ind�cated that there was no problem. Mrs. Malone said she d�d not think the posting of speed limit would do one thing. She indicated that the action proposed would not be any better, in fact it would take them back to the 6eginning. 1 Mrs. Lynn Gasparro, 1604 Briardale Road N. E, addressed the Council and said she agreed that the survey did not show the true facts She said when the car was used for monitoring, everyone could see the car when they came over the h717 and the speeding and problems tlid not exist. She said if the adults could see the police vehicle, surely the kids that are doing the speeding could also see the car. she cla�med the violators to be Grace High School students. She continued to comment that the people of the area had told the police who the violators are and the speeding cars toot and waive at the police officers. She said nothing has been done and the police stop and talk to the kids, they must be friends. She questioned if the residents of the area have to be penalized Mrs. Gasparro continund to explain the probiems w�th the increase in gasoline costs and questioned when th�swould force the violators off the streeis. Mrs. Gasparro referred to the placement of additional speetl limit si�ns and said there is not one in existance in the area at the present time. She also mentioned the recommendation to be that the existing stop sign be removed. She asked how much it would cost to install the sign and satd the area residents would be willing to pay for it. She mentioned if the police would start to ticket the violators, the money for the sign could easily be raised. She contended that the money that had been spent on the surveys and staff time along with the time spent by the residents of the area was making the stop sign very costly. She said she was planning on continuing to pursue the request Mrs. Gasparro mentioned that she had two ch�ldren and a dog and would not want them killed. She again commented that they want a stop sign. She questioned why the tax payers were not given what they want and continued to state that,they are the ones that pay the Council's salaries and also who vote them in and out of office. She asked why they could not be given what they want. Mr. Denn�s Schneider, 619Q Sttnson Blvd., said he resided on the corner of Briardale Road �� REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 8 and Stinson Boulevard and he could hear the squeal of tires from Ben�amin street at his home. He asked the Council to consider that there are many young famil�es w�th children in this area and with the constructionof the park fac�lity, this would increase the usage of the area by children. He said he would recommend that the Council not remove the existtng sign. Mayor Nee directed his question to the C�ty Attorney and said he was curious a�out the remark made by the City Manager concerntng reporting the violators to the Police ' Department. He questioned tf the residents would have to sign a complaint. The City Attorney sa�d this �s true. He said the police could not sign the complaint unless they o6serve the violation. He said it would be possible for the person being charged to sue the C�ty if the police do not witness the violation. The City Attorney said the residents would have to identify the vehicle and the time of occurrance. Mayor Nee asked if this would be an enforceable thing. The City Attorney said the residents would have to appear in court if the violator would plead not guilty or if there was conflicting test�mony, Mayor Nee said the residents could not si9n a complaint concerning speeding, but they could on a violation of the stop sign. Mrs Malone mentionetl that when the people stop and look at the stop sign, they also stop and see the children. She continued to comment when they are speeding down the hill, they do not look She questioned how the children on Ben�amin would 6e able to cross the road to gain access to the park. She continued to explain wrth the construction in the area, the children are forced to stand in the street to catch the 6us because they cannot stand in the mud. Mayor Nee asked Mrs Malone if she felt the existing stop stgn had helped the conditions �n the area and Mrs. Malone said yes. She said she also felt it would be necessary to tnstall a sign on 61st and Ben,7amin Counc�lman Starwalt said the location is in his Ward and would be his problem. MOTTON by Councilman Starwalt that the stop sign on Banjamin and Briardale Road remain ' 6ecause of the ultimate plans for the area and the installation of the park and the continued construction in the ar�a and that he wouldnot recommend the installat�on of the other stop s�gn at this time. Councilman Starwalt referred to the recommendation of the City Manager in that the speed limits should be posted and the addition of a sign that said "Caution Steep Hill" be installed. He said they could aTso use a"Caution Playground" sign. He also stated that there should be more patrolling, He said he did not understand why the police did not approach and ticket the violators. Mayor Nee said the police officer would have to see the violation. Councilman Starwalt said a schedule should be developed where the violators wou7d be apprehendetl. He said if the police off�cers cannot apprehend the violators, there is something wrong. Mayor Nee said the Pol�ce office would have to see the violation each time. Councilman Starwalt said the patrolling should be done in a period where there wculd be more success. Mrs. Malone asked Councilman Starwalt to reconsider his motion She added the people of the area need protection. She asked that the area be given the stop sign and mentioned that the children are out of school all day now. Mr. Robert Erickson, 5950 Ben�amin Street, addressed the Council and asked if the number of stop signs were to be limited, he w�shed the Council would consider that the traffic also speeds by their homes on the other end of 6en�amin Street. Mayor Nee asked if there was a second to the motian made by Councilman Starwalt and DECLARED THE MOTION DEAD FOR LACK OF A SECOND Mrs. Malone said the whole th�ng started because there was aneed for stop signs at Briardale and also 61st. She mentioned that the people up the street also felt that a sign was needed in this area. She said the area residents agreed to wait for the installat�on of the sign until the completion of the study, but the signs were needed at the present time with the children out of school. Councilman Starwalt sa�d with the nurnber of signs proposed, there could be one siyn on every corner. Counc�lman Starwalt said it would not be possible to please everyone and where would this stop. Mr. Er�ckson again mentioned that the remainder of Ben�amin would have to be considered. Cauncilman Starwalt said another peLiiion had been received 1n the area of Ferndale at the top of the hill. He said the staff had recommended that there be no signs in the whole area. ' ��yri ��1✓ REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 9 Councilman Starwalt said at the expense of ruining his political career, he would not offer another mot�on. Councilwoman Kukowski said she would not touch it. She further explatned that the Council had been asked by three greups to put u� three dirfErent s�gns. Councilman Starwalt sa�d they had proposed two and one was taken out. Mayor Nee explained that the Council had taken action to install the sign on 61st and unless this action is reconsidered or repealed, the sign would have to be installed. 'MOTION by Councilman Starwalt to reconsider ihe installation of the stop Sign un 61st and Ben�amin. Mayor Nee DECLAREC� THE MOTION DEAD FOR LACI< OF A S�CON� Councilman Breider suggested that the Council try the sign on 61st for some time and direct the Police Department io study the area and stage the pa±ro1ling of the area ina way that it will not be at the same time of day. He said the work will get out that the area ts being patrolled at random. He said he agree� with the residents in that they should not have to police the area and stgn complaints against violators. He again said, why can't the signs be tried for some time? The City Manager said the sign would be installed. ME Councilman Starwalt said he was asked to make a recommendation to the Counctl He called on the Public Worl<s Director to make a presentation of the plans proposed. The Public Works Director explained the four proposals as follows• Alternate B-1 has a pro�ected cost of $20,981 25 He explarne� t'r�at this proposal would intercept runoff at the catch basin on 6en�amrn and pipe it directly to 6Cth and Oakwood Manor and would not include any alteration of the lo�t area. Alternate B-2 indicates a pro,7ected cost of $24,481 25 This is the same pro�osal ' as alternate B-1 with the addition of lowering the pipe four feet. If future development occurs in the vicinity of the low area, approximately 7,500 cubic yards of fill would be required to make use of the facility. The installation of the energy dissipator is the third alternative with a pro,7ected cost of $1,000. This alternative is offered with the intent of the City to install the energy disstpator with the necessary restoration. The fourth Alternative, Alternate F, would require easement acqu�sit�on with a projected cost of $10,150.00. This plan would involve the installation of a pip� to the low area from the catch basin on Ben�amin with the addition of obtaining an easement for ponding purposes. It also involves remodificatton of the intersection at Benjamin and Gardena. The City Manager said the people of the area have to be called i�� if anyth�ng 6ut the original proposal for this area would be used. Mayor Nee asked if there would be any overlapptnq of assessmerits ihe Ci+y Manager said the maximum amount for the area would be $8 per 1�0 square feet. Mr. Erickson said it was not clear to him who would pay for the various plans. Mayor Nee said the CityLvould pay for the enerqy dissipator from ihe general furids. He said the other three proposals would be assessed to the dtstricr ?tr Crtckson satd proposals E and D would not be acceptable to him. He saic+ he had triecl � crude energy dissipator and it did not work. He asked if the costs on alternate F would be shared by the people 'on Ben,7amin Street. He quest�oned if the residents of Ben�amin Street would want to pay out this amount for a temporary solution. Mr. Erickson said he would like to clartfy a point with Mr. Starwalt. He mentioned that Councilman Starwalt had visited with some of the residents of the area and had a copy of the petition that had been signed by those people, but attached to the petition, there was a map of the proposal for the storm sewer Mr. Erickson had suggested. He said it was the people's impression that this map hac accompanted the petition and it had no± Councilman Starwalt explained that this is the way he had been presented the material from the administration and he was also under the impression that it had accompanied the petition, but it had not. Mr. Erickson quest7oned the method used to draw the drainage dis�rict. i1ayor Nee said this ts done by means of a topographical map. He said they are willing to testify that the water does drain in the direction indicated by the district Mr Erickson said this matter had been discussed in the past and he did not think it would be worth the Council's time to talk about thisat the present time. He said he was present ai the meeting to see �f n i;� ta=_^ P REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 10 the City was going to do something about the restoration of his property He said he had repeatedly trted to get an answer 6efore begtm m �g legal action agamst the City. MOTION by Councilman Starwalt to set a public hear�ng to discuss the various proposals for the installation of the storm sewer in the Ben�am�n area for �uly 14, 1975. Seconded by Councilwoman Kukowskt. Mrs B. L. Lillemoen, 1583 Gardena Avenue, addressed the Counc�l and questioned what was in the various plans. Councilman Breider said this would be discussed at the public , hearing. Mrs. Lillemoen said she would prefer the least expensive pro,7ect. Mayor Nee said the least expensive pro�ect is not acceptable to Mr. Erickson. UPON A VOICE VOTE, a71 voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AN OR�INANCE GOVERNING INTOXICATING BEVERAGES AND 3.2 BEER: The City Manager explained thatl�e present ordinance prohibits any intoxicatiry or non intoxicating beer and liquor in City parks. He said as the Council knows, people are using it in the parks and the Ad�n�m stration felt if there is an ordinance on the books, �t should comply wtth the desires of the communit�� or it should be enforced. The City Manager explained theproposal to allow the use of 3.2 beer in Locke Park vnth a permit and in Commons Park. He said the use of 3.2 beer would be prohibited in the small size neighborhood parks. He sa�d there had been some discuss�on on the part of the City Council concernin9 thisproposal. He as!ed direction on whether the Council would like an ordinance prepared as proposed He thought this type of ordinance would allow the people to act legally. Councilman Fitzpatrick suggested that the Council approve the recommendation of the Parks and REcreation �epartment. Mayor Nee said he d�d not think this was the recommendation of the Parks and Recreatton Department. Mayor Nee said the motion on the part of the Commission was to enforce the ordinance Councilman Fitzpatrick said this is not what the CIty Manager had satd. The City P9anager pointed out that earlier in the discussion the members of the Commission� had stated that they believed that this would be a feasible change He said the ordinanc would provide the mecha m cs for selected activity that could be permitted. Mayor Nee said the proposal had been received by the Public Safety Director. Mayor Nee referred to the motion in the minutes of the Parks and Recreation Commission and said Mrs. Shirley Caldwell had said that she would agree to this modification and voted for the motion to enforce the law. Mayor Nee said he would like to see 3.2 6eer be allowed for neighborhood picnics in small parks. The City Manayer said this could be provided with a permit from the City Council. Mr Ken Sporre questioned the use of the smaller parks in the softball tournaments sponsored by the Jaycees. He mentioned that Commons is not large enough to accomodate the entire tournament so the smaller oarks are used. He qu?stioned if the proposal did not include the smaller parks, could this be continuad. He said the'way the ordinance is now, they can sell beer at all of them. The City Manager said this is all against the current ordinances and the police are looking the other way. The City Attorney said he didnot care to say anything about it at all. Mr. Richard Harris, Chairman of the Planning Comm�ssion addressed the Council and asked if there was some provision in the estate for Locke Park where this would not be allowed. Mayor Nee said this prohibits the use of intoxicating liquor, not 3.2 beer. Mayor Nee again said he would like to see 3.2 beer permitted in the neighborhood parks. � He said he would like to see the ordinance brought back with this type of amendment. The City Manager said it would be possible to serve, but not sell in the other neighborhood parks. Mayor Nee said yes. The City Manager sa�d this would be brought back for the first reading with this type pfi modification. The City Attorney said the person would have to subm�t the proper appiication to the City and the City Manager said yes. MOTION by Councilman Breider to bring the ordinance back for first reading at the next regular meeting , June 16, 1975, with the provision that 3.2 beer will be allowed in the neighborhood parks upon application to the City Council for approval. Seconded by Courocilwoman Kukowski Upon a voice vote, all voting aye, Playor flee declared the motion carried unanimously � 1 REGULAR COUNCIL MEETING OF JUNE 2, 1975 RECEIVIPJG THE MINL'TES OF THE PLANNING COMMISSION MEFTING OF MAY 21, 1975• SI�ERATIDN OF UACATION REOUEST: SAV #75-02. BY i PAGE 11 � ?� � MOTION by Councilman Breider to set a public hearing on the request for the vacation SAV #75-02, by Loren Smerud for July 14, 1975. Seconded by Councilwoman Kuko�askt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously IDERATION OF A VACATION R SAV #75-03. MACHINING INC.: VACATE A�LEY IN The City Manager said the hearing for this item had been previously set for June 9, and there would be no action necessary. MOTION by Coucnilman Breider to receive the minutes of the May 21, 1975 meeting of the Planning Commission. Seconded by Coucnilman Starwalt. Upon a voice votz, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF FlPPEALS MEETIIJG OF MAY 27, 1575: (IJOTE fHIS WAS ONLY A PORTION OF TNE MIhUTES, THE REMAINDER OF THE PIINUTES WILL COME FOR COUNCIL ACTION ON �UNE 16, 1976 : A REQUEST FOR A VARIANCE OF SECTION 205.053, 1B, FRI�LEY CITY CODE TO R�DUCE TIIE MINIMUM LOT AREA REQUIRED ON A LOT RECORDED BEFORE DECEMBER 29, 1955, FROM 7500 7 The Public Works Director explained the request to be to construct a dwelling on a lot recorded before December 1955 and to reduce the minimuin snuare feet from 7,500 to 5,500. He satd the lot is 50 feet wide. Mr. Sobiech said the Board of Appeals recommended approval of the request Mayor Nee asl<ed if the property is in the flood plan. The Public Works D�rector said no, the flood plain is from 250 to 300 feet to the north. Councilman Fitzpatirck said there was some ob,7ections voiced by the neig;�Loring property owners. He questioned if anyone was oresent at the currert meettrg to voice any object�ons. There was no response. MOTION by Councilman F7tzpatrick to approve the request as recommended by the Board of Appeals. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the portion of the minutes of the Board of Appeals Meeting of May 27, 1975. Seconded by Councilman Fitzpatrcik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. RECEIVING THE MINUTES OF THE 6UILDING STANDARDS-DESIGi� CONTROL SUBCOMP4ITTEE MEETING OF MAY 27, 1975: � CONSIDEiJ1TI0N OF A REQUEST FOR A NEW BUILDING: LOCATED A1 4500 hIAIN STREET N.E. FRIDLEY, MINNESOTA. REQUEST BY CECO CORPORATION, 4500 MAIN STREET N.E , FRIDL Mrninircnrn • The Public Works Director pointed out the area of the proposal to be at 4500 Main Street and said this is the next step in the stage development in the original proposal of 1973. He said the building would be concrete and the i�ecessary screen�ng would be installed. He said there exists a retaining wall on the east edae of the property. He explained that the Building Standards Design Control Subcomm�ttee had recommended approval of the request. MOTION byCouncilman Ftizpatrick to concur with the recommendationof the Subcommittee and grant approval of the construction. Seconded by Counn lman Breider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 212 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 12 The Publir 'rlorks Uirector explained ±he requ��st was to b�nld a reta�l establishment on the corner of 79th and East River Road. He said this would also take same consid- eration of variances. He pointed out that the variances were discussed by the Board of Appeals on Page 7-C of the agenda. The Public Works Director listed the variance� and said the Board of Appeals had sug9ested that the last variance be eliminated. He sa�d the Board of Appeals felt there should be a little morelarc'seamv�gand green area and suggested that the three parking stalls be eliminated. He said the eltmination of the three stalls would not cause a problem. The Public Works Director said the proposal would compare to the constructionon 'tFie corner of Dld Central and Rice Creek Road, but this proposal would have more 1and��aping and green area. He sa�d the Building Standards-Design Control 5ubcommittee had recommended approval with a number of stipulations. He read the stipulations to the Council and audience The Public Works Director referred to the letter on Page 7-K of the agenda from the ad�oining property owners Attorney Mr. Richard �. Fudali representing Five Sands Development. He said all of the concerns listed by the ad,7oining property owner had been worked out. The Public Works Director pointed out an additional item that had been discussed by the staff to be the acquisition of an easement for the proposed siqnalization of 79th and East River Road. He said NSP has an easement in the proposed area and they were contacted and said there should be no difficulty with the mutual easement. He thought this could be worked out with the property owner and said it would not run the entire length of the property. The Publ�c Works Director indicated that Mr. Dave Nordale was present representing Meridian. Mr. Ken Sporre asked if the entrance proposed for East River Road would 6e needed. ' He questioned why the entrance on 79th would not be sufficient and mentioned that there is a problem in gaining access to East River Road at the present time. He suggested that this driveway be el�minated and a stop s�gnal be installed. Councilman Fitzpatrick asked what the time table would be for the installation of the signal on 79th. The City Manager said it is not in the budget for 1975 Even it it was in the budget, the County would also have to okay this ir their budget He said this would be one or two years at least Mr. Sporre said he wouldlike a copy of all of the communications concerning the proposed signal on this intersection. He said he would like to meet with the county Commissioners and present this information to them. The City Manager said there is no question that the City had submttted a plan to the County. He said the Council would have to provide the money in the budget for half of the funding before the County would take any action on this. He said the City had been in contact with the County and there response was that this is not warranted. Mr Sporre said he would like a copy of the correspondence on what has been said by the City and the response of the County. H e said he would l�ke to see what the City had requested of them He said he d�d not think the Council should approve the proposed matter of consideration of the construction of the store until some decision �s made on the signals at this intersection. The City Manager said the staff would provide Mr. Sporre with all of the information � they they have. Mr. Sporre said he would like a copy of the City's written request and the copy of the answer that was obtained from the County. The City Manager said the City cannot state the�r case until they have prov�ded the money. Mr. Sporre said the City �vould be able to show their interest. The City Manager said yes. Mr. Sporre said the City should tell the County their intent�ons until this is provided in the budget and contact three commissioners about the plan. Councilman Breider said the Ceunty would not he able to make any commitment for money until after the 15th of July, after their second computor run. He said this woulcl allow the City some time to reactonto the budget �tem. He said this would allow two to three weeks to get togther onthe matter. Mr. Sporre repeated his suogestion that the approval of the current request be held up until the decision is made on the intersect�on. He sa�d if there has been any _�?� RE6ULAR COUNCIL MEETINS OF JUNE 2, 1975 previous correspondance, he would like to see it. PAGE 13 Ccuncilman Fitzpatrick questioned if any firm request had been made by the City s�nce this was not in the City's budget. He coniinued to state there would have to be a question on the part of the County at this time. He said this should 6e talked about in the plan for the area. He felt this signalization � to be very important to the area and thought that this shoulci be talked about with the County. Mr. Sporre said he would like to read over the 6asic d�cuments and t�is would �ake a while to studv and prepare a pr�sentation ±o them Mr. Alex Barna addressed the Council and said he traveled �n th�s area approx�mately 3:45 P.M. and saw a school bus unloading on East River Road by the apartments. He said if there is berming in this area, the children will not be able to see if there is traffic coming. He mentioned that the children dart off in a11 directions and the extensive 1�3nd�cap,inq with additional trees and the building would be a safety nazard. He suggested that the plan be ,7ust a 6uilding and laNrn and not extensive lanscaping with trees and berms. Mayor Nee asked if it would be possi6le to change the stipu- lations of the Board of Appeals. He said there should not be a bus stop off East River Road. He said he felt the bus siops should be changed. The Publ2c 4�orks Director explained that there is a safety zone provided for 20 feet and there is also extensive boulevard in this area He said this is quite a distance. Mr, Richard Harris asked if the boulevard property wasfo,-snow storage or for future construction and the Public Works Director said basically for snow storage, not for construction. Councilman Fitzpatrick said there has been an increase in traffic in this area and this is the time when the traffic pro6lems are being studied for a solut�on. He sa�d � it was his feeling that this item should nct 6e approved uritil the traffic intentaons are pursued for the future. Mayor Nee asked if the 18% coverage figures had been computed by the staff or fur m shed 6y the developer. The Public Works Director said they had been figured by the staff Mayor Nee asked when this land was purchased. Nir. Nordale said the Company had an opt�on to purchase the property from the present property oµiner. Mayor Nee asked when the property had last changed hands. Mr Pdordale said he believec: this was two to three years ago. The City Attorney informed the Council that there had 6een a request to construct a service station at this locat�on several years ago He said this property was never owned b,y the owners of the apartment complex. Councilman Fitzpatrick said he was on the Planning Commission at the time and this part of the oroperty was never purchased by the apartment develooment, it was left there. Mayor Nee said what he was trying to establish is if the property was under the present zoning requirements at the time it was last purchased The City Attorney satd this halnot changed for some time. Mayor Nee asked if the property had changed hands after the eimt that the setback requirements became law in the Citv. The City Attorney said he would have to research this. Councilman Fitzpatr�ksaid what Mayor Nee was trying to determine is when were the setback requirements adopted in comparison to the purchase of the property Mayor Nee said he would not want the applicant to say the City had changed the rules on them. Mayor Nee said he did not see why the City should make any waivers on the property. , He said he did not feel there should be any exit ori East River Road. He sa�d there had been many problems with the C-2S zoning in the area and Tt has been said that it should not be there. He satd the City is trying to keep a residential property to the area. Mayor Nee commented in other areas the r�o left turn signs have been installed and the motorists ignore them. He felt this would also happen in this case. Councilman Fitzpatrick said even with the rtght turn, there will be a traffic �am there. Mayor Nee questioned if there would be a legal claim to the exit. The City Attorney said the item should be tabled to allow the administration to research the matter. He satd he would need some additional �nformation such as when the property was purchased and also some time to work out a more acceptable solution to the proposal. MOTION 6y Councilman Fitzpatrick to continue the item until ti7e next meetiny of the Council to allow the administration to research the iime ,equence of tha requirements on the property as compared to the time of purchase of the property. Seconded by _ � ,�_. , REGULAR COUNCIL MEETING OF �UNE 2, 1975 Pase �4 Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MO7ION by Coucm lman Breider to receive the mircutes of the Building Standards-Design Control Subcom�nittee meeting of May 22, 1475. Seconded dy Councilwoman Kukowski, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FGR LEGAL OPINION FROM ATTORNEY GEPlERAL CONCERNING STORM SEWER ESCROW IN RICE CREEK ESTATES MR, ED DRDPPS: � Mr. �ropps addressed the Council and said he was the owner of a parcel of property called Rice Creek Estates. He said ihis is south of Rice Creek Road and west of Benjamin Street. Ne said everytime he comes in for a building permit for this property, he is required to set aside a storm sewer escrow. P1r. Dropps continued to comment that this property has been assessed twice in the past for storm sewer, and they are current]y constructing their own internal storm sewer system. He said he felt he is being required to escrow money for a pro�ect that had never been approved and there is no pending assessment required in this case. Mr. Dropps said he had talked to the City Attorney and also the City Manager concerning this He requested that the Council author�ze sending a letter to the Attorney General asking him his opin�on of this practice. Mr. Dropps said he had gone over the ordinance that is being enforced by thispractice and he did not feel that this money would have to be escrowed if he is constructing an internal system to take care of the storm sewer of the area. He said he would see this if there was to be internal construction for this improvement, but based on his interpretation of the law according to logic, he did not ieel this was a legal practice. "1r. Dropps said a great deal of money is being required and they are receiving no interest on it. He said the amount per lot amounted to about one half of the $800 required for each 10,000 square foot lot and this would be a total of about $20,000. He said this is set in a City fund for an undetermined length of time. He again reouested that tFie Attorney General be cvritacted concerning this requirement and also that the escrow requirement be discontinued until the time that the opinion is furnished. Mayor Nee quest�oned Mr. Dropps on the point that he is taking care of the total � drainage of the area. Mr. Dropps answered that they are doing everything and paying for everyth�ng in the plat. Mayor Nee sa�d they are constructing their own local system and paying for this and they also had contributed to two other storm sewer inprovements and Mr. Dropps said yes. The Pubiic Works Director said the previous assessments were for Pi°o�ects #106 and #114. Mayor PJee asked where the outfall for this pro�ect was. He asked if this would be Narris Lake. Mayor Nee asked if he would be required to escrow another $800 per lot under the escorw. 7he City Manager said the owner would be given credit for anything that has been assessed under the previous pro�ects. Mr. Dropps said the r�aximum for each lot would be $800 and he has paid up to $400 per lot The City Attorney said this amount is based on a 10,000 square foot lot. The City Manager said the City had proposed a plan for this area and the City Council had indicated that the pro�ect would not be done at that time. He said this left a drainage problem in the area 7n the Br7ardale Develpment. He said there had been several alternatives.such as taking care of the whole drainage problem, and not allowing any more development in the area. He said another alternative was to allow development making the developers pay the highest possible amount in escrow to take care of the drainage problems of the area. He said in this way the new owners of the homes could be told that the assessments on the property are paid for. He said �e City Council adopted the last of the alternatives. He said in the Briardale Development a ponding system was proposed, but the Developer did not want this type of solution. The City Manager questioned why Mr. Dropps was concerned a6out this requirement at th�s particular time, after so much t�me has passed and many of the escrow requirements� had been filled. Mr. Dropps said he had paid two in protest and a couple of others had been paid by another builder. He said he was not informed ahout this escrow arrangement at the offset of the pro�ect. He said he quest�oned the le9ality of requir- ing money for something that is not approved. The City Attorney said this is not a pend�ng assessment. The City Manager said this 7s escrow„ The City Attorney said he talked to Mr. Dropps' Attorney concerning this matter and asked that the situat�on be analyzed by ihe Attorney. He had d�rected the Attorney to contact him if there was a contrasting opinion. He said he had not heard from the ATtorney and Mr. Dropps had taken the opinion that this as not morally r�tht. Mr. Dropps stated he questioned if this was legally right. The City Attorney said he would be happy to talk about this with Mr. Dropps' Attorney. The City Att�rrney said Mr. Dropps' opinion is based on the fact that the improvements are being constructed w�thin the plat and he had not seen any reference to this situation in the State Statutes. �� 1 � REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 15 Mr. Dropps said he was asking the Counc�l to send a letter to the Attorney General asking him if this is legal. He quest�oned if this would be very difficult. The City Attorney said he felt the matter would be better handled through a declaritory judgement in District Court. He said it is perhaps a grey area and there is nothing to say that this cannot be done. Mr. Dropps said he is selling the homes to people in the area and he did not know how to advise them on where the situation stands. He said presently they had to charge the people for the escorw amounts and cannot answer who or when they would ever get it back. He sa�d if there is a system going to be installed in the area, he would be happy to pay for this, but he wanted to knoW where he stood and all of the other builders in the area feel the same. Councilman Starwalt asked how much is being escrowed by Mr. Dropps. Mr. Dropps said he had escrowed $407 on one lot and $457 on another. Mr. Dropps said the future home owners of the area should be allowed to decide onthe matter of the construction of the improvement of the storm sewer. They should be given the chance to make the decision. Councilman Starwalt said the Council's objective in requiring this escrow money is to protect the future home owners from unscrupulous bu�lders Councilman Starwalt suggested that Mr. Dropps' Attorney forward some correspondance to the City Attorney so the City would have some correspondance on the matter. Councilman Starwalt said the concerns shn�ld be outlined in writing, Mr. Dropps said he had hoped this could be handled with the Council throu9h communication with them, he hoped it would be done in a gentlemanly fashion without court action. Mr. Dropps responded that the decision had not been made and sa�d he felt the City was setting aside money that would never be used. Councilman Starwalt said the decision has been made, and the developers are being required to pay Mr.Cr.np�s responded that the decision has �not been made on the pro,7ect. He saici the pro�ect is unknown and may never happen. Councilman Starwa�i, said this is not known. Mayor Nee said he ts disturbe� that Mr. Dropps' Atto�rney had not stated the cast to the City Attorney. The City Attorney said he felt his request reasonablc to make Mayor Nee said he would like this matter resolved and would like to see some facts before the Council when the matter comes back. He aid if the two parties cannoi get together on something, maybe, there should be litiqation io settle the matter. Mr. Dropps said he would not want the City to require the escrow until after this is resolved. The City Attorney said this situation is no different than that of Mr. P4�ller, Mr. Harris or Mr. 0'Bannon. He said the pattern had been set before this development in the City. Councilman Starwalt said he could sympathize with the predicament but ha did not think it was as much of a problem as it nad been pointed out to be He said this is aeing required for future projects. h1r. Dropps ob,7ected to the fact that this money is not being placed in an interest bearing account. Counc�lman Starwalt sa�d he did not know who the money is being escrowed with. The City Manager said it is being escrowed w�th the City. Councilman Starwalt asked who received the interest on the escorw money and the City Manager said this goes to the �ro�ect. Councilman Starwalt said this is protection for future home owners. ' Councilman Breider asked which way would be the best method to test the ordinance. He asked if Mr. �ropps' Attorney would get together with the City Attorney. The Ctt_y Attorney said he would be happy to meet with the Attorney. He said the Attorney would have to determtne if the requirement is contrary to their bel�ef, or there is nothing he could do. He said the court could IP�r the arguments on botn sides and make a ruling. Mayor Nee asked Mr. Dropps to have his Attorney contact the City Attorney and Mr. Uropps said he would do this. He thanked the Council for their time. The City Manager said this type of requirement has been on the boaks for two to three years. He said a pro,7ect can be made of this area. Councilman Sreider said this is not the problem. The bastc problem is whether or not this is legal The City manager said this would �nvolve some costs. Mayor Ne� said the point is if this is a defenseful policy. He added, no one was talking a6out a change in pollcy unless it is determined to be illegal. Counc�lman Starwalt asked what pro�ect the City Manager was talking about. The City Manager said �ponding, etc Councilman Starwalt said he thought this was completed. The City P�anager said the overall pro,7ect is not done. 21� REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 16 7he Public Works Director asked the Council if the present policy of collecting the escrow should be continued and Mayor Nee and Councilman Breider said yes. IVING THE MINUTES OF THE CABLE TELEVISION TASK FDRCE MEETIPdG OF MAY 13, 1975. MOTION by Coucnilman Fitzpatrick to receive the minutes of the Cable Television Task Force Meeting of May 13, 1975 Seconded by Councilwoman Kukowski. Upon a voice vote all voting aye, Mayor fJee declared the motton carried unanimously. IVING THE MINUTES OF THE HUMAN RELATIDNS COP4MITTEE PIEETING OF MAY 15, 1975: MOTION by Councrlwoman Kukowski to receive the minutes of the Human Relations Committee meeting of May 15, 1975. Seconded by Coucnilman Starwalt. Mayor Nee said he hoped that the Counc�l would receive an opinion on what they are doing about �uvenile cTtations NA mentioned he would like the Attorney's ooinion UPON A VOICE VOTE, all vot�ng aye, Mayor Nee declared the motion carried unanimc�i.�sly. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 19, 1975: MOTION by Coucnilman Fitzpatrick to receive the minutes of the Parks and Recreation Commission meeting of May 19, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION PiEETING OF MAY 20, 1975• MOTION by Councilman Starwalt to receive the minutes of the Charter Commission Meetinn of May 20, 1975. Seconded by Coucnilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager said the Coun�lwould have to take action on the amendments or they would have to be placed on the general Election ballot. He pointed out that the Cou�.cil should set a public hearing on the matters which would possibly be placed on the ballot. He continued that this process is a lengthy process. He said enough time would have to be allowed for the Charter Commission to place the items on the ballot for the general election. Councilman Breider asked if the entire proposal would have to be published. The City Attorney said there would not have ta be publication on the items that are not put to the general election. Councilman Breider sa�d he would like to have the whole proposal prepared for the public hearing so the Council and people 1^�ouTr+ know what they are talking about. The C�ty Manager pointed out that the latest that the Public Heartng could be scheduled would be �une 9, 1975. He said the Council had gone over the amendments beFore. He said there was a question raised whether all of the items had to be gone over aqain, He said if the ma�ority of the Charter Commission and the Council unanimously agree on the changes, this could be done by the ordinance and would not have to be su6mitted at the general election. He �id tf the Charter Commission would agree to the Council's intent�ons, the Council could adopt this by ordinance. Councilman Breider said he would like the people to see the whole picture. ' MOTION by Councilman Breider to set the Public Hearing on the entire proposal for the Charter Amendments for July 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice ' vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mr. Denm s Schneider addressed the Council and said he would hke the Council to be aware of how a group of citizens from the Fridley �FL had heen treated by some of the members of the fharter Comnission at a recent meeting. He said they had attended the meeting at the request of the Charter Commission to discuss the concerns of the Charter amendments. He pointed out that those attending the meeting were drilled and made to feel uncomforta�le. He said he did not think this kind of action encourages public participation in the Charter Commission. He ask,ed if the Council v�uld protest the Charter Co�nission attitude through their Council minutes. Mayor Nee said the Council has no direction Breider said the Charter Commiss�on is not by a Distr�ct Judge. over the Charter Commission. Councilman appointed by the Council, they are appointed , � � REGULAR COUNCIL MEETING pF JIJNE 2, 1975 CONSIDERATION DF APPOINTMENTS TO CITY COMMISSIONS: Councilman Starwalt asked if the apointments to the Commissions Executive sess�on of the Council with all of the members present could be done at a special meeting, but not an executive session asked if this could be handled at a meeting such as the meetings for the hiring of personnel. G � s' PAGE 17 cauld be done at an . Mayor Nee said this C�uncilman Starwalt that would be conducted Councilman Breider said he knew what Councilman Starwalt wasta'king about, but he thought he would rather talk about the appointments at the current meeting. He said there would be no better way than to discuss the matter He aadec there are many qualified people willing to serve. Mayor Nee asked if the Council would like to call a special meeting to make the appoint- ments rather than continue to do this at the late hour. He suggested the coming evening. MO1-ION by Councilman Fitzpatrick to set a special meeting of the Council for Tuesday, �une 3, i975, for the purpose of making the appointments to the City Commissions. Seconded by Cuucnilman Starwalt. (Note: This motion was withdrawr later� in the discuss�on.) Mr. Bill Scott, 1632 69�h Avenue fV. E., addressed the Council and said there iaere quite a few peopie present at the meeting who wanted to hear this iterl. He asked the Council to consider that this might be some inconvenience to the citizens to postpone the item when they had been waiting at the meeting until this lat� hour and Gmould have to set aside plans the next eveninq to attend another meei;ing on this. He asked the Council to reconsider the motion and consider the matter when it had been scheduled. Mr. Scott stated if this was tu be a controversia] matter, it should have been on the agenda earl�er in ihe meetir�g. P1r. �ennis Schneider asked if the open meeting law would require no�ificacion. Mayor �lee said the current comments would be nofitication. Mr. 5chneider said it may be adequate, but he did not feel it would be sufficient. COUNCILMAN FITZPATRICK SAI� HE WOULD LIKE TO WITHDRAW HIS MOTION WITH THE APPRO�AL of the Seconder. Councilman Starwalt sa�d he agreed with the withdrawal of tne moi.ion. Mrs. Helen Treuenfels, 5248 Horizon �rive, addressed the Council and pointed out that the Council had originally set a Wednesday conference meeting for d�scussion of the appointments. This had been changed to the following Thursday, t47en schE�duled for Monday and now the Council was proposing to set this for Tuesday. Councilman Fitzpatrick said the appointments were not discussed at the Conference Meeting. Mrs. Treuenfels said the method of appointments was to have been discussed at that time so they could be discussed at the current meeting. She mentioned th� appointments wer•e currenily two months overdue Councilman Starwalt said he understood what Mrs. Treuenfels was talking ab,o�ut. He commented that there were many items on the agenda for that conference meeting and many others were added the night of the meeting. He said it got too late to add the discussion. MOTTON by Co�ncilman Breider to appoint Mr. Richa°d Kemper, 6737 7th Stre�t N. E,±o the Appeals Commission for a term to expire April l, 1978. Seconded by Councilman Starwalt. Councilman Starwalt questioned the method that would be used tc mal:e t'�e a�pointmen*s. Mayor Nee said he had given the Council several proposals for orderly proceedings for appointments. Ccur;c�lman Breider said Mr. Kemper is very concerned about hts commum ty, is active and wou7d do an excellent ,7ob �n this office. Councilman Starwalt asked how the Council would make the appointments to constitute better Ward distribution. Mayor Nee said in the instance that a term would 6e up, in most cases, the past members of the committees would be re-appointed. Mr. Bill Scott suggested that those people that have given good and faithful service be nominated Councilman Fitzpatrick asked if a number of pe�ple would be nominated and the Counc�l could elect from amor;; them. Councilman Fitzpatrick said each member of the Council could elect five members from them. Councilman Breider said if sameone is bumped from the committees they would have to be removed w�th someone else being elected. Counci�lman Fitzpatrick said nominations would have to be made for those terms that are expiring, P4ayor Nee said this was not clear to him, some of the committees would need adjustment due to the revamping of the comm�ssion structure. Councilman Starwalt asked if it would be possible to vote on a slate of nomtnations. r�, � �_f� REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 18 Councllman Fitzpatrick said some process would have to be followed. Mayor Nee said those people who's terms are expiring would not need any action. The City Attorney said there would be no action necessary on those who do not expire this year, this has been the case as long as he remembered. Councilman Fitzpatrick said the Council would nominate f�r the open pos�tions and if several are nominated, the Counctl would elect a member from the nominees. MOTION by Councilmar Fitzpatrick to nominate Mr Alex Barna, 570 Hugo Street, to the Appeals Commiss�on. Seconded by Councilwoinan Kukowski. MOTION by Cour�cilman Starwalt to nominate Mrs. Virgina Wahlberg, 1452 4lindemere Drive, to the Appeals Commission Seconded by Councilwoman Kukowski Councilman Breider asked if some background or history of the nominees should be given. Councilman Fitzpatrick said Mr. Barna was present at the current meeting and the Counctl and the Council had seen him at many meetings. He continued to state that Mr. Barna has interest in the people and the business of the City and this had been demonstrated. Councilman Fitzpatrick indicated Mr. Barna had expressed interest in serving on some City Commission, not specifically the Appeals Commission. � Councilman Starwalt expla�ned that Mrs. Wahlberg had served on the Board of Appeals for a three year term and she had been cons�stant in attendance at the meetings. Council- man Starwalt said from the minutes of the meetin9s, he thought she had entered into the disucssTOn and could understand the total overall progress and goals of the City. He added, she is a gal, and this cuts a little ice. Mayor Nee questioned how the members of the Council would like to vote on the appoint- ments Councilwoman Kukowski mentioned that the Council had to take this procedure step by step. Councilman Breider said this could be done by secret ballot. Mayor Nee said this would be a late meeting. UPON A VOICE UOTE, on the motion to appoint Mr. Richard Kemper, all voting aye, Mayor , Nee declared the mot�on carried unanimously. UPON A VOICE VOTE, on the motions to elect either Mr. Barna or F1rs. Wahlberg, Council- woman Kukowski voted for Mr. Barna, Councilman Starwalt voted for Mrs. Wahlberg, Council- man Bre�der voted for Mrs. Wahlberg, Mayor Nee voted for Mrs. Wahlberg and Councilman Fitzpatrick voted for Mr. Barna and Mayor Nee declared Mrs. Wahl6erg elected as a member of the Appeals Corrmission with a term to expire April l, 1978. RECESS: Mayor Nee called a 15 minutes recess at 12:01 A.M. RECONVENED: Mayor Nee reconvened the meeting at 12:13 A.M. Mayor Nee called for nominations to the Community Development Commission. He pointed out that this would include all members to the Commission. MOTION by Council4aoinan Kukowski to nominate Ms. Sandra Luhbers, 1524 South Timber Ridge to the Corrununity Development Corimission Counc9lwoman Kukowski said Ms. Lu6bers is very active in the field of woman's rigY�ts and has a strong personality and would be an asset to the Community Development Commis sion. She indtcated she restdes �n Ward II. MOTI�JN 6y Ceucnilman Breider tc nominate Mr. 3i11 Farsier, 7539 Tempo Terrace, to the Commun��y_Development Commssion. Councilman Breider said Mr. Forster had 6een a member of the Plats and Subdivisions Corrmittee for two to three years. He sa7d he is an engineer, very active and from the northeast side of Minneapolis, Counc�lman Breider sa�d Mr. Forster lives �n Ward I. MOTION by Councilman Starwalt to nominate Mr. Herman Bergman, 5503 Regis Trail N. E., to the Commum ty Development Comnission. Councilman Starwalt said P4r. Bergman had submitted a letter to the Council requestin9 appointment to a commission. He also pointed out that Mr. Bergman is an engineer at Univac and has had experience in budgeting and management. Counc�lman Starwalt said this experience could 6e an asset to the City. � � i �— L� �r� GJ_2 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 19 MOTION by CounciTman Fltzpatrick to nominate Mr. Huhert Lindblad, 160 Crown Road, to the Commum ty �evelpment Commission. Councilman Fitzpatrick said Mr. Lindblad has been the Chairman of the Building Stand- ards Committee and resides in Ward III. He said the position which he has been serving no longer exists and his term was to expire in 1977. MOTION by Councilwoman Kukowski to nominate Mrs. Lee Ann Sporre, 301 Ironton, to the Com�nunity Development Commission. (Note: Th1s nomtnation was withdrawn later in the meeting j Councilwaman Kukowski said whe would rather have Mrs. Sporre serve on the Env�ronmental Quality Comm ssion, but her term had expired and there is a limit to the membership due to the revamping of the corrmissions which will not a11ow an extension. Councilman Starwalt said he would rather have Mrs. Sporre on the Environmental Quality Commission and asked Mrs. Sporre what her thoughts on this were. Mrs. Sparre asked what the point was that Councilman Starwalt was tryina to make. Mayor Nee sa7d there are no openings on the Environmental Quality Commission. Councilman Starwalt said there is one person who had indicated to him that he may v�ant to serve on another commission rather than the Environmental Quality Commission Councilman Bre�der sa�d he would rather see Mrs. Sporre appointed to the Environmental Qua7�ty Corrmission. Councilman Fitzpatrick sa�d he was prepared to nominate Mrs. Sporre to the Parks and Recreation Comnission. Cotancilman 6re�der again stated he would rather see Mrs. Sporre on the Environmental Ouallty Con�nission because she has the back- ground and has done the research to better qualify her for the Environmental Quality Commission. Councilman Starwalt sa�d Mr. Leroy Oauist may consider leaving the Environmental Quality Commission because this particular Commtssion is not that great an interest to him. Councilman Starwalt sa�d Mr. Oquist had indicated he may be qualified and experienced for a posit�on on the Corranunity Development Commission COUNCILWOMAN KUKOWSKI WITHDREW her motion to nominate Mrs. Sporre to the Commun�ty Development Coirmission. Councilman Starwalt explained that Mr. Oquist had indicated an interest to serve on the Commun�ty Development Corrmission. He sa�d he is an eng�neer at Cortrol Data with a 6road background He added his attendance and interest had been good on the Environmental Quality Corram ssion. MOTION 6y Councilman Starwalt to nom�nate Mr. Leroy Oqu�st to the Community Develop- ment Corranission. MDTION 6y Councilman man Starwalt. Upon carried unantmously. Fitzpatrick that the nominations be closed. Seconded by Counctl- a voice vote, a17 voting aye, Mayor Nee dec7ared the motion MOTION by Councilman Brerder that those appointed ta the Community Development Commissran 6e appointed. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager said there are three people from Ward II on the Community Development Caireni ss i on. Mayor Nee called for nominations to the Human Resources Commission, MOTION by Councilman Kukowski to nominate Mr. Bill Scott, 1632 69th Avenue N E., to the Human Resources Comniss�on. Seconded by Councilman Starwalt. Councilwoman Kukowski said Mr. Scott had been very very active in the Numan Resources field and has related background. She mentioned he is a fantastic supporter of women and she thoug�it he would be an asset on the Comm�ssion. MOTION by Councilman Breider to nomtnate Ms. Nancy Lambert, 5965 4th Street N. E., to the Human Resources Corrmission. Counc�lman Breider said Ms. Lambert is a very concerned individual and very active in the community. He felt Mrs, Lambert would be a good person for the Human Resources Commission. MOTIO�J by Councilman Fitaptr�ck to anoint Mr Harold Belgum, 191 Hartment Circle to the Human Resources Commission Councilman Fitzpatrick said Mr. Belgum is presently acting as Chairman of the Human Z2C1 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 20 Relat�ons Comm ttee. He mentioned that Mr. Belgum had appeared before the Council with a very ambitious pro,7ect the previous evening. MOTION by Councilman Starwalt to nominate Mrs. Barbara 5hea, 1456 Windemere Drive N. E., to the Human Resources CorrmiTSSion. Councilman Starwalt said Mrs. Shea is currently on the Human Relations Committee and has heen a faithful member of that Committee. He explained she resides in Ward I. MOTION by CouncTlwoman Kukowski to apoint P4rs. Grace Lynch, 580 54th Avenue N. E., to the Human Resources Comn�ssion. Councilwoman Kukowski said Mrs. Lynch has been a very active member of the Human Relations Commlttee and had tried to obta�n funding for the City in a CETA program. MOTION by Councilman Fitzpatrick that the nominations be closed and the five people nominated to the Human Resources Commission be apointed. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee called for nominations to the Environmental Quality Commission. MOTION by Councilwoman Kukowski to remove Mr. Leroy Oquist from the Environmental Quality Commission. Seconded by Councilman Fitz�atrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION 6y Councilwr��nan Kukowski to nominate Mrs. Lee Ann Sporre to the Environmental quality Commiss�on for a term to expire April l, 1978. Seconded by Councilman Starwalt. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously Coucm lman Breider said he had no ob,7ections to not having an appointment from Ward I since those on the Commission are all very qualified people who have been doing a good ,706 Mayor Nee asked for nominations to the Parks and Recreation Commission. MOTION 6y Councilman Fitzpatrick to nominate Mrs. Joyce Storla, 7548 Alden Way, to the Parks and Recreation Comission. Seconded by Councilwoman Kukowski. ' II� Councilman Fitzpatrick said Mrs. Storla lives in the Third Ward. (Note: This was withdrawn.) MOTION by Councilman Breider to nominate Mrs. Jan Seeger, 324 Ironton Street N E., to the Parks and Recreation Commssion. Councilman Sretder said Mrs. Seeger is very very active in activities concerning the Parks in the City. He pointed out that she was responsible for the acquisition of Ruth Circle Park and has been active in the other park concerns in the City. GOUNCILMAN FITZPATRICK WITH�REW his motion to nominate Mrs. �oyce Storla. MOTION by Counci3man Starwalt to close the nominations and approve the apointment of Mrs Jar� Seeger, 324 Ironton Street, to the Parks and Recreation Commission. Mayor Nee asked if there would be any removal from the Parks and Recreation Commission. Councilman Starxalt said neither of the Ward I members were from his Ward and they were both in attendance at the last meeting of the Commission ancl had been working very hard. Hesaid they both have a very vital concern about the C�ty of Fridley. Councilman Breider said geography is one thin9, but he',knew both men, Mr. Harris and Mr. Peterson, they are very interested in Little League Sports. He said he had not looked at Mr. Harris and P�r. Peterson as h�s neighbors, but because of their interest in the City's programs. Councilman Fitzpatrick said Mrs. Seeger's term would expire in April of 1978. Mrs. Lee Ann Sporre addressed the Council and said if a person is doing development in the City of Fridley, she felt this to be a conflict of interest in making policy decisions for the City. She said this question was raised before Mr. Harris was appointed. Councilman 6reider said the Council has the final authority in the decision making process He said the Parks and Recreation Commission runs the Recreation program in the City on a budget adopted by the Council. � � GG� REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 21 Mrs. Sporre said she would like to remove the taint from the recommendations coming from the Parks and Recreat�on Commiss�on. She felt the Council should remove itself from being a part of this type of question. Councilman Breider referred to the quest�on of the man's business and said this man �s concerned with young people He said th�s is a pre-requisit to being a member of �the Parks and Recreat�on Corrmission. He mentioned that they had �ust appointed other people that have the�r businesses in the C�ty of Fridley. Mrs. Sporre said Mr. Harris 2s a developer. She commented that the Council has to choose its advisors and referred to the recent scandal with Nixon's advisors. Councilman Fitzpatrick sa�d he would not be able to move for the removal of Mr. Harris on the grounds that he is a developer in the City of Fridley because he had �ust nominated Mr. Richard Harris as Chairman of the Planning Commission and hc is a developer in the City also. He sa�d th�s does not disqualify a person from being a member of the City's Comnissions. Mr. Nick Garaffa said there was one issue where they may have been some co�flict of interest and he referred to the transfer of Park property 6etween Mr. Harris and City of Fridley and said this was done on the recommendation of the Parks and Recreation Commission while Mr. Harris was a member. Councilman Breider said this was d�scussed 6efore the Council and Mr. Harr�s sa�d he did not care if the land was swapped. He satd Mr. Harr�s had been above board on the whole proposal. He sa�d if the City did not want to trade this land, it would not have had to. P1r. Garaffa said he was on ly try7ng � point out where there may have been a conflict of interest. Mayor Nee said it would be in order to present nomination for the Police Commission �The City Attorney said before the Council proceeded, he would like to advise them that he did not think the Council had ever removed anyone from a commission w�thout cause. He said he thought the Council should continue with this policy regardless of who the man is. The City Attorney said if the man is not atte�ing the meetings, he could be replaced. He thought it would be bad pol�cy to remove a person after a portion of the term had expired to appoint someone else. UPON A VOICE VDTE, on the mot�on to a�point Mrs. Janice Seeger, all voting aye, Mayor Nee declared the motion carr�ed unam mously, MOTION by Councilman Fttzpatrick to nominate Mrs Helen Treuenfels to the Police Commission. Seconded by Councilman Starwalt. Counciiman Breider said he feit Mrs. Treuenfels would do a good �ob on the Pol�ce Commission. He said there are a number of items being talked about w�th the State and County officials on the �oint recruitment for Civil Service. He agatn stated that Mrs. Treuenfels 15 well quaiified and would do a good �ob. UPON A UOICE VOTE, to appoint Mrs. Treuenfels to the Police Commission, all votinq aye, Mayor Nee deciared the motion carried unanimously. Mayor Nee went on to call for nom�nations to the Cable Television Comm�ss�on MOTION by Counc�lman Breider to appoint Mr. Ken Brennen to the Cable Television Commission. Seconded by Councilwoman Kukowski. � Councilman Breider satd the City had recetved a letter from Mr. Brennen indicating a resignation and Mr. Brennen would be qualified with his work w�th Medtrontcs and after completion of the course on Public Access Television. Councilman Breider sa�d Mr. Brennen is very qualif�ed. MOTTON by Councilman Fitzpatrick to nominate P1r. Mark Scott from the Anoka County Library to the Cable 7elevision Commission. Seconded by Councilman Starwalt. MOTION by Councilwoman Kukowski to nominate Father Ed to the Cable Telev�sion Commission. Seconded by Councilman Starwalt. (Note: This nomination was withdrawn.) Councilwoman Kukowski mentioned that P1ayor Nee had suggested an appointment to this comnission Mayor Nee said this is P4s. Nancy Wrubel MOTION 6y Councilwoman Kukowski to WITHDRAW the motion to nominate Father Ed. l !/\ 5� �JLI � REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 22 MOTION by Councilwoman Kukowski to nominate Ms Nancy Wrubel, 7343 Hayes St. N. E., to the Cable Telev�sion Commission. Seconded 6y Councilman Fitzpatrick. MOTION by Councilman Fitzpatrick to close the nominations and approve those nominated for appointment to the Cable Televis�on Commission. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. MOTION by Councilman Starwalt to re-appo�nt Councilman Breider to the Anoka County Law Enforcement Counc7l. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to appo�nt Councilman Fitzpatrick to the Law Enforcement Council as alternate representative. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to appoint Councilman Starwalt to the North Suburban Sewer Service Board as a Representative. Seconded by Councilman Breider. Upon a voice vate, all vottng aye, Mayor Nee declared the motion carried unanimously. Mayor Nee suggested the appointments of Mr. Larry Coramors and Mrs. Les Svenc�en to the Fridley Housing and Redevelopment Authority. MOTION by Coucnilman Breider to concur in the recommendation of Mayor Nee and appotnt Mrs. Larry Commers and Mrs. Carolyn 5vendsen to the Housing and Redevelopment Authority. Seconded by Councilman Fitzpatrtck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3-1975 - ORDERING IMPROUEMENT, FINAL PLAMS, AND SPECIFICATIONS AND COSTS THEREOF: STREET IMPROVEMENT PRO�ECT ST_ 7975-1. AD�EN�UM # , MOTION by Councilwoman Kukowski to adopt resolution No. 73-1975 ordering improvement, final plans and specifications and estimates of the costs thereof, Street Improvement ' Pro,7ect No. ST. 1975-1, Addendum #l. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11TI0N N0. 74-1975 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISEMENT rnc • cTOrrT TMDDf11/CMCAIT DDf1.1C/`T mn cT i ��r i nn crni rnnrTnir_ . MOTION by Councilman Starwalt to adopt Resolution No. 74-1975, ordering improvement, approval of plans and advertisement for bids, Street Improvement Pro�ect ST. 1975-10A (Sealcoating). Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 75-1975 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 1-9, BLOCK 2, ONAWAY ADDITION: MOTION by Councilman Breider to adopt Resolution No. 75-1975, authorizing and directing the splitting of special assessments on Lots 1-9, Block 2, Onaway Addition. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. RESOLUTION N0. 76-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS �4, 5, 6 AND 7, BLOCK 4, OAK GROVE ADDITION: MOTION by Councilman Breider to adopt Resolution No. 76-1975, authorizing and directing the Combining of special assessments on Lot 4, 5, 6 and 7, Block 4, Oak Grove Addiiion. � Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. RFSOLUTION 77-1975 - P,UTF!ORIZING Ah�D DIREGTIAIG THE COMBINING OF SPECIAL ASSESSMENTS OP� LOT 25 APJD LOT 26, �LOCI: 4, ORK GROVE ADDITIQfr: � �-��—"-T�^T- MOTION by Goucnilman Bre�der to adopt Resolution �lo. J7T1°75, author�zina and directrn� the combin7nc of speci�l assessr�ents on Lot 25 and Lot ?_F, Clock 4, Oak �rove P,ddition, Seconded hy Coucn�lman Fitzpatrick Uoon � voice vote, all votin� aye, ��ayor Mee decldred the motion carriQd unam mously. RESOLUTION NO 78-1975 - AUTHORIZING AND DIRECTIN(; THE COMBTNIf�G OF SPEC�AL��#SS�SSMENTS 0�! LOTS 3 A�iD �, BLOCK E,_AfdD LOT 5 AND E, BLOCK F, OAK GRQVE AD➢ITIQ T P10TION by Counci7mar areider to adopt Resolution No. 78�1975, authorizing and directing the combrn m a of special assessments on Lots 3 and �, Block 6, and Lot 5 and 6, Block 6, Oak Grove Addition Seconded by Councilman Fitzpatrick. Upon a voice vote, all vottng aye, 1�1ayor Nee declared the mot�on carr�ed unam mously. REGULAR COUNCIL MEETING OF JUNE 2, 1975 APPOINTMENT: CITY EMPLOYEE: NAME POSITION SALARY PAGE 23 EFFECTIVE REPLACES �2� Sharon A. 5chuldt Switchboard/ $523 Mo 5/16/75 Coleen Olson 101 Sycamore St. Recptionist Coon Rapids, Mn. 'MOTION by Councilman Breider to approve the apoointment of Ms. Sharon A. Schuldt as the City Switchboard-Receptionist effective May 16, 1975 Seconded by Councilwoman �ukowsk�. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unantmously. CLAIMS: GENERAL AND LIQUOR 9930 - 10081 MOTION by Councilman Breider to approve and pay the claims. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES� EMPLOYEE DISPENSING BY Mary E Jevne Sandee's Inc, 1314 153rd Lane N. E. Anoka Kathryn J. Carpenter 7899 University Ave. N. E. Sandee's Inc. ,Minneapolts Laurie L. �ohnson Sandees's Inc. 10380 Uplander St N. E. Coon Rapids �ebra J. Carpenter Sandee's Inc. 9242 5th St. N. E. Minneapolis Gary A. Oseth Sandee's Inc. 382 N. Cleveland St Paul Steven E. Williams Sandee's Inc. 3508 Rice St. 5horeview Patricia A. Gaines Sandee's Inc, 963 89th Ave. PI. W Coon Rapids Nancy J. Jasper Sandee's Inc. 6279 Baker Ave. N. E. Fridley �Kathleen A. Lanigan Sandee's Inc. 6511 Humboldt Ave. N. Brooklyn Center L�nda Bourdow George's Lounge 1D01 24th Aven. N. E. Minneapolis Ardith Coleianni George's Lounge 6540 EAst R�ver Road Fridley George Dounis George's Lounge 7875 Firwood Way Fridley :".1 1 : Public Safety Dir Public Safety Dir Public Safety Dir Public Safety �ir Public Safety Dir Public Safety Dir. Public Safety Dir Public Safety Dtr, Publ�c Safety Dir Public Safety Dir Public Safety Dir Publtc Safety Dir. FEE 5.00 5.00 : 11 5.00 5.00 5.00 5.00 5.OD 5.00 5.00 5.00 5.D0 ??�1 REGULAR COUNCIL MEETIPJG OF JUNE 2, 1975 EMPLOYEE �ISPENSING NAME Karen L. Hansen 972 22nd Ave. S. Minneapolis Idella M. Hill 1121 79th Ave. Spring Lake Park Christine R. Leak 839 Plorthdal e Coon Rapids Susan Mead 5972 Winnetka New Hope Anthony G. Nicklow 4234 46th Ave. N. Robbinsdale Marylou�se T. Pisansky 4105 Madison St N. E. Columbia Heights Bonn�s L. Remmen 10251 Sycamore Coon Rapids Randy Wall 5425 �luincy St. N. New Brighton Richard Ward 2919 63rd Ave. N. Brooklyn Center Sheila Wrolstad 3239 90 Lane N E. Blaine Catherene E. Anderson 7137 Morgan Ave. N. Brooklyn Center Daniel K Blackstad 6325 Camden Avenue N Minneapolis Rosina E. Chaffee 2244 Pike Lake Drive New Br�ghton Mary E. Christensen 257 99th Ave. fd. E. BTaine Carol A. Delk 888 66th Ave. N. Minneapolts Judith A. Dittrich 814 Pave Pkwy. Bla�ne Sandra E. Duncan 5701 Central N. E. Fr�dley 8Y George's Lounge George's Lounge George's Lounge George's Lounge George's Lounge George's Lounge George's Lounge George's Lounge George's Lounge George's Lounge Shorewood Inn Shorewood Inn Shorewood Inn Shorewood Inn Shorewood Inn Shorewood Inn Shorewood Inn APPROVED BY Public Safety �ir Public Safety Dir PAGE 24 FEE 5 OD . 11 PubTic Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir 5.00 Public Safety Dir. 5�00 Pub7�c Safety Dir. 5.00 Public Safety �ir. 5.00 Pu61ic Safety Dir. 5.00 Public Safety D�r. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.Od Public Safety D7r. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 ' � � REGULAR COUNCIL MEETING OF JUNE 2, 1975 EMPLOYEE DISPENSING NAME BY Nanci M. Floyd Shorewood Inn 1132 Mtssissippi St. 'Fridley Marlys M. Foster Shorewood Inn 6700 Hum6olt Brook7yn Center Irene R. Gustafson Shorewood Inn 4977 Tyler St N. E. Columbia Heights Beverly 0. Hagen Shorewood Inn 4546 Tyler St. N. E. Columbia Heights Louise J. Hannah Shorewood Inn 4601 66th Ave. N. Minneapolis Karah L. Hanson Shorewood Inn 11535 9th Ave. S. Anoka Marlene I Jensen Shorewood Inn 800 West Co. Rd. D100 New Brighton 'Muriel J. Micklin Shorewood Inn 5650 Polk St N. E. Fridley Constance M. Munson Shorewood Inn 718 lllth Ave. N. E. Blaine Teresa A. Murphy Shorewood Inn 11933 Terrace Rd N. E. Blaine Wendy J. Muyres Shorewood Inn 1381 75th Ave� N. E. Fridley Cheryl A. Nelson Shorewood Inn 13945 Norwood Ave. N. Anoka Carol M. Neinkerd Shorewood Inn 1270 Gibbs Ave. St. Paul � Judy A. Olson Shorewood Inn 7300 Cartisian N. Brooklyn Park Suzanne E. Pappas Shorewood Inn 7206 Indiana Ave. N. Brooklyn Center Linda L. Perkins 5horewood Inn 10638 Quincy Blvd Blaine Nancy K. Rancour Shorewood Inn 12116 Radisson Rd. N. E. Blaine APPROVED BY Public Safety Dir Public Safety Dir Public Safety Dir Public Safety Dir Public Safety Dir Pu61ic Safety Dir Pu61tc Safety Dir Public Safety Dir Public Safety Dir Public Safety �ir Public Safety Dir Pub7ic Safety Oir Public Safety Dir Public Safety �ir Public Safety Dir Public Safety Dir Public Safety Dir PAGE 25 FEE 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5 OD 5.00 5.00 5,00 '. 11 . 11 . 11 5.00 J�� -i�r. �i�i� REGULAR COUNCIL MFETING OF JUNE 2, 1975 EMPLOYEE DISPENSING NAME Elizabeth A. Rixen 1090 52nd Ave. N. E. Columbia Heights Kathryn M. Southard 13 E. Dean Ave. Champlin Bonnie J. Tunsky 1923 Grand St. N. E. Minneapolis Wanda L. Wagner 3414 Edwards St. Minneapolis Barbara C. We7ch 1090 52nd Ave. Minneapolis Ann L. Williams 5760 Hackmann Ave. N. E. Fridley USED CAR LOT Salvage Center Inc. 51 37�h Ave LIUESTOCK Leanard A. Moore, Jr. 8301 Riverview Terrace SERVICE �;AT1�P; Hudson Oil Company 7315 Highway 65 Northtown Standard 76D9 University Ave Target Stores 755 53rd Ave. FOOD ES7ABLISHMENT Columbia lce Arena 7011 University Ave. Fr�dley A & W 7429 East River Road CIGARETTE Dick's North Star 4040 Marshall Street Frtdley City Hall 6431 Un�versity Ave. Hudson Oil Company 7315 Nighway 65 Lamaur, Inc. 5601 East R�ver Road 8Y Shorewood Inn Shorewood Inn Shorewood Inn Shorewood Inn Shorewood Inn Shorewood Inn James A. Dowds Koch Marketing Co Robert Rabe Steven Moldenhauer G Zeigler Audrey L. Tarasar Richard Hennessey ��iichael Boyle Koch Marketing Co Pioneer Distributing APPROVED BY Putlic Safety Dir Pu61ic Safety Dir Pu67ic Safety Dir Pu61ic Safety Dir Public Safety Dir Public Safety Dir. Public Safety Dir Health Inspector Health Tnspector Health Inspector Health Inspector Ne�ith Inspector Health Inspector Health Inspector PAGE 26 FEE 5.00 5.00 � 5.00 5.00 5.00 5.00 100.00 r 5.00 3C'.00 3??. 00 3C.00 25.00 25.00 Public Safety Dir. 12.00 � Public Safety �ir Public Safety Dir Public Safety Dir 12.D0 12.00 12.00 REGULAR COUP9CIL MEETING OF JUNE 2, 1975 CIGARETTE cantinued Maple Lanes 6310 Highway 65 Northtown Standard 7609 University �Phillips 66 Pioneer �tstributing 5667 Univers�ty Phillips 66 Pioneer Distributing 6500 University Standard Oi7 D. K. Carter Co. 5311 University Tire City, Inc. Rodger Wedell 8255 East River Road Totino's Finer Foods, Inc. Pioneer Distributing 7350 Commerce Lane RETAIL CANDY OUTLET Commons #2 Concession City of Fridley 61st and 7th Street BY The Moore Way Co P.obert Rabe Moore Lake Beach Concession City of Fridley 59th and Central Avenue BAKERY �Pappy's Foods Jack Woods 7879 Beech Street VEN�ING MACHIPJE Columbia lce Arena B. J. Scheller 7011 University Corronons �2 Concession City of Fridley 61st and 7th Street Edina Oil Company Gold Medal Beverage 6101 University Avenue Fridley City Hall M�chael Boyle 6431 University Fridley City Hall Gold Fledal ueverage 6431 University Fridley City Hall Employees Sunshine Club (Sunshine Club) Fridley Fun Center Roger Lane Jr. �6440 Umversity Fridley Parks & City of Fridley Recreation Warming Houses Grant's Shell Station Gold Medal Beverage Co. 7610 Umversaty Hudson Oil Company Coca-Cola Midwest, Inc. 7315 Highway 65 Lamaur, Inc. Pioneer Distrtbuting Co 5601 East River Road Northtown Standard Robert Rabe 7609 University APPROVED BY Public Safety Dir Puhlic Safety Dir Public Safety Dir Public Safety Dir Puhlic Safety Dtr Public Safety Dir Public Safety Dir Public Safety Dir Health Inspector Public Safety Dir Health Inspector Public Safety Dir Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector ,�,� PAGE 27 FEE 12.00 12.D0 12.00 12 00 12.00 12 00 12 00 Non-Profit Non-Prafii 25.00 105.00 Nan-P��tt 15.00 42.00 15,00 Non-Profit 15.00 Non-Profi± 15.00 15,00 117.00 1D?_ 00 2, 28 REGULAR COl1NCIL MEETING OF JUNE 2, 7975 VENDING MACHINE continued BY Phillips 66 Pioneer Distributing 6500 University Sears Roebuck Co. Pioneer Distributing 6199 Highway 65 Skywood Cleaners Frank Gill 5251 Central Avenue APPROVED BY Health Inspector Health Inspector Health Inspector Totino's Pizza Gold Medal Beverag2s Co. Health Inspector 7350 Commerce Lane Totino's F�ner Foods Inc. Pioneer Distribut7nq Co. Health Inspector 7350 Commerce Lane Maple Lanes B. J. ScheTler 6310 Highway 65 EMPLOYEE DISPENSING Sharon L Bahnsen Ground Round 1129 79th Ave. N. E. Judy I. Clark Ground Round 2517 Quincy St N. E Edward A. Hanson Ground Round 1735 Marion St. Bonnie L. LaPointe Ground Round 6717 Humboldt Doreen A. Lischalk Ground Round 5357 4th St. N. E. �ean W. Palm Gound Round 4921 4th St. N E. Philip G. Philipps George`s Lounge 3839 Hart Blvd. GENERAL CONTRACTOR T. M. Campion Company T. Michael Campion 2139 Lowry Ave. N. Minneapolis R. J. Hagberg Construction Russell J. Hagberg 1308 79th Ave. N. Brooklyn Park Luthi Construction Co. Narlan Luthi 2508 Co. Rd. I Moundsview John 0. Tapto Douglas N Thoms dba John's Service 7531 Greenfield St. Apt.105 Minneapolis EXCAVATORS Purcell Construction, Inc. Fred Purcell 6031 Pillsbury Ave. S. Minneapol�s HEA7ING Mooney Air Cond. Corp. Grant H. Mooney 32 Tenth Ave. 5. Hopkins Health Inspector Public Safety Dir Public Safety Dir Public Safety Dir. Public Safety Dir Public Safety Dir. Public Safety Dir Public Safety Dir D. Clark D. Clark D. Clark D. Clark D. Clark W. Sandin PAGE 28 FEE 27.00 15.00 10,00 ' 15.OD 137.00 117.00 5.00 5.00 5.00 5 00 , 5.00 5.00 5.00 � � � � �yi �, ra � REGULAR COUNCIL MEETING OF JUNE 2 1975 MDVING Badger Movers, Inc. 10601 Nassau St. N. E. Blaine FIOUSE TRAILER Fridley Office Supply 6253 Highway 65 N. E. Fridley (Temporary Office 35 to 45 days) � Evert J. Boerhave R M. Bryan, Pres. APPROUE� BY �. Clark D Clark PAGE 29 MOTION by Councilman Breider to grant the licenses aslifited in the agenda Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously FRIDLEY JAYCEES: REQUESTING LICE�dSES FOR CARfdIVAL AND SOFTBALL TOURNAMENTS: MOTION by Councilwoman Kukowski to approve the licenses and receive the communication from the Fridley Jaycees concerning the Softball Tournaments. Seconr'ed by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. MICHAEL SER1lETUS UNITARIAN SOCIETY; REOUE51 FOR ,4UCTION PERP1IT: MOTION by Councilman Breider to approve the auction permit as requested by Michael Servetus Unitarian Society and waive the fees. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. uIYMAN SMITH: WITHDRAWAL OF REQUEST FOR W. STEPHENS BUICK S°C'"?"L' USE PERMIT, 7701 EAST RIVER ROAD_ MOTION by Councilman Fitzpatrick to receive the communication from P�r. Wyman Smith concerning the withdrawal of the request for W. Stephens Buick Special Use Permit at 7701 East River Road. Seconded by Councilman Breider Upon a voice vote; all voting aye, Mayor Nee declared the motion carr7ed unanimously. JAMES GIBBS: APPRECIATION TO PUBLIC WORKS EMPLOYEES: MOTION by Councilman Fitzpatrick to receive the communication from Mr. James Gik,bs in appreciation to the Public Works Einployees. Seconded by Councilman 6reider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. COMMUNICATION REGARDIfJG TOUR OF MUNICIPAL GARAGE. SATURDAY, �UNE 7, 1975• MOTION by Counctlwoman Kukowski to receive the communication and set a special meeting of the Council for Saturday, June 7, 1975, at the Mum cipal Garage at 9•00 A.M. for the purposes of touring the Garage. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, CONSIDERATION OF RESCHE�ULING OF JUNE CONFERENCE MEEiIPdG: Councilwoman Kukowsk� indicated she would not be present for the last two weeks in �une. Councilman Breider indicated he would not be present for the fourth week's conference meettng. Mayor Nee suggested that the Conference Meeting for June !�e-rescheduled for the fifth Monday rather than the fourth. ADJOUNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimous�y and t e Regular Meeting of the Fridley City Council of June 2, 1975 adjourned at 1:07 A.M. ��u Pat Ranstrom William J. �lee Secretary to the City Council Mayor Date Adopted 7-a�-�s