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07/21/1975 - 000151461 THE ��IINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 21, 1975 The Regular Meeting of the Fr�dley City Coucriil oi July �I, 1�75 was called 'cc order at 7•34 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee invited those present to �oin the Council'�n saying the Pledge of Alieg�ance to the Flag. ROLL CALL MEMBf_RS PRESEN7: P1EMB�RS FIBSFN! Mayor�Nee, Counrilwoman Kiakowski, Counc�lman urelder, Councilman Starwalt, and i,ouncilman Fitzpatrlck None. PRESENTATION OF CERTIFICATE: CERTIFSCATF OF A°PRECIATION f0 CLARFPICF BELISLE IN i4Eh10RIUh" Mayor Nee explained the certificate was for a very fine employee of thz City of Fridley who had recently died He said the certificate is to 6e forwarded 'co his family APFROV,4L OF P"IhJUTES: REGULAR MEETIP�G, JUNE 2, 1975• Councilwoman Kuko'NSIC7 called the Council's attention t� page 4 of ti�a r�n nuLes an:; indicated the hauler's name to 6e kager, not Kaye � MOTIOPJ by Councilman Starv;alt to adopt the minutes of the Regular meeting of the Fridley �ity Council w�th the correction noted by Councilwoman Kukowski Seconded by Co��ncilwoman Kukowsk�. Upon a voice vote, all voting eye, Piayor �;ee aeclared the motion carried unanimously. � PUBLIC HEARSNG MEETING OF JUNE 9. 1975• MOTIDPI 6y Councilman Fitzpatrick to adopt the minutes as submitted Secorced by Councilman Starwalt. Upon a voice vote, all voting aye, Nlayor Nee declared the metion carried unanimously. ADOPTION OF AGENDN Gouncilidoman Kuk�wsk� sa�d she would like to add the renewal of the motion for the rezo m ng request by Richard Povlitski. hlayor Nee asked if cher� �acr� any ob,7�ciions to the renewal of the motion and there was no response MOTIuN by Counctlwoman Kukowski tc adept ±he anPnda witri t'r�e additior� of t"� renewal of the motion for the renewal of the rezoning r�quest by Kicharcl F'ovltt�k;. Seconded by Counci?man Star�,ialt. Upon a voice vote, all votin q aye, Mayor Mee declared the motion carried �manimous]y. OPEN FORUM, VISTTORS: MS Y.AM METCFl! f> 85�J !�L MOORE LAKE DRIUF, YOUTH PROJECT COP1MITTEE Ms. Metcalf addressea the Council and explair,edthat =Yse ti�as a meniber of ,.he Youil� Pro;ect Comm�t±ee representinq the Youth in ±he �ity of Fridley. She further explained that the Cot*unt±tee vaas tn thP process of tormuiatin� a survey which w�ll Jeal w,th the activities of tha commtttee She said the �ormm ttee was contactiny �he diff�rent groups in t"�e City of Fridley for the�r ideas on what should be included in �he survey She said they were eoncerned with any ques±ions that may re'iaLe to ine you�h whe�,her these ideas r.ome from ±he youth of the commun�zy or the adults She ask�d �f�� Council if they v�eu7d like ±he survey to disclose any spec�f�c inFormation w��ich shuuld �e inclucled. Mayor Nee said Ms. MAtr.alf talked to most of the membErs uf ti�e Courticil f��fore her present appearance Ms. Metcalf said sne had tried to r�each each of ti�e Councii members and was not able to reach everyone. "�ayor Nee sa�d before any survey �s c�rculated, wnuld it be possibie for the Counc�l REGULAR COUNCIL MEETING OF JULY 21, 1975 to see a copy. Ms htetcalf said this would be possible PAGE 2 Ms. P4etcalf�said the Comm�itee is puttina up posters and mak�nqannouncements to try to get the young people �nterested in this activity Councilwoman Kukowski asked Ms. Metcalf if in her questionina, if she would include a question to the youn9 peonle on if they are willing to work with the handicapped. She satd this is somethinq she would like to know. Ms. Metcalf listed a few of the sample questions that would be included in the survey She asked if the Council would like to include any special concerns or questions. Councilman Starwalt said Ms. Metcalf was not successful in reaching him before the meeting. Councilman Starwalt pointed out that the corrrdnn�ttee should consider their needs �o9ether with how they w�ll be paid for. He remarked that so many of the youth today believe that all they have to do is ask for sorr�ethina and they will get 7t. He sald he wouldlike to have the young peopie aware of the real world that they are liv�ng in. Ms. Metcalf said the committee would first establish its needs and then go into the possible pro�ects and their funding. Councilman Starwalt saitl very often the need and the cost are not equalized. He said he would not want this to be a let down because there is no maney Councilman Fitzpatrick mentioned one possible questron to be that they evaluate the recreational facilities for what is being used and what is needed. P�s. Metcalf said th�s v�as to be done. Mayor Nee suggested tbat the survey include some questioning on the interest in community service Ms. Metcalf said they would try and cover all asoects if at all possible. Councilman Bre�der suggested the survey include some �nformation on summer jobs and activities. He mentioned the "rent a kid" program and sa�d this may he a feasible and workable thing for the City to try. Hesaid many people have �obs to have done that would take two to three days. , ' Ms. Metcalf asked if there were any questions concerning the committee. Councilman Starwalt asked how many members are on the rommittee and Ms. Metcalf said approximately 15 from the aqes of 12 through 18. Mayor Nee said he did not have any press�ng thoughts on the survey, but menttoned when it is completed he would like to go over it. He said at this time he and the other members of the Council might have some sug9estions Mayor Nee suggested they get together before the survey if f�nalized and Ms. Metcalf agreed to this. ORDINANCC N0. 589 - APIEMDING CHAPTER 507 OF ThIE CITY CODE OF THE CITY OF FRIDLEY MOTION by Councilman Fitzpatrick to waive the second reading of the ordinance and adopt the ordinance on second reading and order publication. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ENSION OF TIME FOR RESERVIPJG LIOUOR LICENSE, BY Mr. Wyman Smith addressed the Counc�l and pointed out that the matter had been tabled from the June 16, 1975 meeting and also the July 7, 1975 meeting of the Counc�l He explained that he had watted until late in the evening on June 16 and had been on vacation at the ttme of the July 7, 1975 meeting. Mr. Sm�th said Mr. Saliterman had asked P4r. Smith to speak for him and he did not attend the current meeting. Mr Smith recalled that on about February 1, 1975 the Council had passed a resolution to allow Mr. Saliterman stx months reservaiion on a liquor iicense. He said at this time, Mr. Saliterman was in the process of discussing business w�th a good northeast restaurant which would have installed a satellite type of establish- ment at the King's Chalet. Mr. Smith said Mr. Saliterman was assured thatthis would work out but about this time �t d�d not work out. Mr. Smith further explained after this time a storm hit this area and �t was difficult to get the necessary repairs completed during the construction str�ke. Mr. Sm�th said at this time, they would need some additional time and said they are at a6out the stage that they were �L REGULAR CDUNCIL MEETING OF JULY 21, 1975 when the first resolution for the reservat_ion oi the license was passed. P�GE 3 Councilman �tarwalt briefly explained why tne Council had table� the item at the previous meetinqs. Councilman Starwalt said he wanted to know what '�in� of progress was being made in the establishment of the ltquor facility. Hz said he would not want the applicant to ,7ust 6e taking up the City's time. Courcilmari Starvralt sa7d if Mr. Smith indicated that th�s was not his �ntent, he would believe it Counc�lman � Starwalt asked if there was a firm plan ±o remodel the facilities or were tney ,7ust wanting this to be set aside until they determinAwho would run the establisnment Mr. Sm7th said Mr. Saliterman has a large investment and has suffered a loss because the property is vacant. Mr. Smith pointed out that at the offset of the proposal wtth the City they were working with a group and they were hoping that th�s wouid work out He ment�oned they were going to take care of the remodeling to be in ]�ne with their own theme Mr. Smith said this type of remodeling would have to be done by the people who operate the facility. Councilman Starwalt saici it was not firmed up as *o who was going into the business. Mr. Smith said it was not possible for them to give che names of those that were going into business at th�s location. Ne said they had `co trust that their plans would be acceptable. Mr Smith said this considera�ion would have to come back to the Councilbefore approval anyway Councilman StarHalt asked �f it is firm at the aresent time who would b� go�ny into business there. Mr Smith said the first �roup is entirely out. Mr Smith said �'�ir, Saliterman had aslced him to get �n touch with the City Council and hecause he thought his time was up on the reservation for the l�cense. Councilman Starwalt questioned what would be happenina after another period of time on thls extension. Mr. Smith said it did not cost the City anything to reserve the license. Councilman Starwalt said he had voted for the reservation because he understood there would be an upstanding fully qualified restaurant at th7s loca�ion. Mr. Smith said if this is properly done, it would take time Mr. Smith said if ' �here was only one license availa6le, he could see the concern for this delay, but said there are others available and this would take some time on the part of Mr. Saliterman. MOTION 6y Counci7man Starwalt to grant an additional six mpnths tiine from the expiration date of August 3, 1975 for the reservat�on of a l��uor liecnse �or P��ax Saliterman, Kino's Chalet Seconded hy Councilman Bre�der Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, CONSIDERATION DF ZONING ADMINISTRATOR'$ DETERC�IINATION IfV THE MATTER OF 1FIE ZONIPJG OF THE FRONTIER CLUB, 7365 CENTRAL AVEPIUE: AND RENEWAL OF THE MOTION FOR THE CONSIUERATION OF FIRST READIPdG OF AfJ OI:�INA"JCE FOR REZONING FROM C-1 TO C-2. 8Y RICHARD POVLIIZKI, 7365 CENTRAL AVEPJUE N. E.• Mr. Mark Haggerty, Attorney for P1r. Po'Nlitzki, sa�d a motion along thelines of r2newal of the original motion wauld be the proper way to reconsider the first read�ng of the ordinance since it had failed. He meni�oned that the rer�ewal should be considered beca��se of several reasons. He pointed out tnat Mr. Povlitzki has opened a new liquor establishment in Detroit Lakes Nh nr�esota the previous Friday and had the Frontier Club up for sale for the past two and a half weeks_ He said according to the determination of the Zo m ng Administrator, a aeer establ�shment cannot be in thts non conforming use and if it were sold and rezoned, it would be possible to � regulate the area more. Mr. Haggerty asked the Council to renew thE mot7on and reconsider the motian of two weeks ago. Mayor Nee satd it is Counrilwoman Kukovaski's intent to make a motion to reconsider and he asked tre City Attorney if thts urould be allowable. The C�ty Attorney said Councilwoman Kukowski was on the prevailing side of the motion and she wouldhaue the preroqative to make a motion to reconsider. The City Attorney said he had thought that thi� could be done at t.he nexz meeting ar.d in reading the commun�cation and Robert's Rules of Order, �t is said that this had co be done at 'the same meeting when the original vote was taken. He said thts had not been his understanding, but it is quite clear when �t is read. He sa�d both the League Information and Robert's Rules clearly state this. He said a motion to reneiv is different than a motion to reconsider and h? r•eferred to the commu m catiar7 from the League of Minnesota Mum cipalities, the last sentence �n paragrap� three wh�ch read, "To renew a motion, one would simply offer fih� or�ginal motion aqain, as if it had never been acted upon." He further explained the motion to renew �nay not REGULAR COUNCIL MEETING OF JULY 21, 7975 PAGE 4 be renewed dur�ng the same session in which tt was voted on except under special circumstances The City Attorney said this concern had only been brought to his attention that afternoon and he had researched the question of how the matter would be placed on the agenda He explained constderation of the renewal would have to be placed on the agenda w�th a unanimous vote of the Council He said according to the Statutes, the matter should go to the Planntng Commission. Mayor Nee said he questioned if the matter could come back to the Council in less ' than six months time since it had ortginally been denied. The City Attorney said this is what his feeling had been also, but the only place where this requirement applies is in the issuance of spe��al use permits and uariances He sa�d it is not a provision in the ordinance for rezoning. MOTION by Councilwoman Kukowski to renew the consideration of the first reading of the ordinance for the rezoning request for the Frontier Club by Richard Povlitzki with the stipulation that all of the recommended stipulations of the Planning Commission be complied with before the second reading on the ordinance for rezoning. Seconded by Councilman Fitzpatrick. Counc7lma� Starwalt questioned the point that the Council would all have to agree to the renewal being placed on the agenda. Councilwoman Kukowski said everyone had voted for the adopt�on, of the agenda with this addition of the renewal of the first reading of the ordinance P�ayor Nee said this is why he had asked at that time if there were any o6�ections to this being placed on the agenda. He said the item did properly appear on the agenda with a unanimous vote. Mayor Nee said he believed h�s od�ect7ons to this rezoning were st�ll val�d and he thought that this area should be local business. He said he did not tii�nk this was a good place for a liquor business. Councilwoman Kukowski said she would ltke to see the whole area rezoned. Sh'e mentioned Mr. Povlitzki has other commitments. She again sa�d she would lik� to see the whole area C-2 and said this would open up the area a little more. She mentioned th�e are tiao to three blocks along Centra] Avenue that would be more su�table for C-2. She said she would rather see this rezon�nq than blocl:s of empty 6uildings and vacant lots. Councilwoman Kukowski said if the area �s not rezoned, she could see that there would be one large empty building that would not be used. Councilman Starwalt asked if the property could 'oe sold with the present zoning without any problems. Mayor Mee said the new purchasers could do the same thing as Mr. Povlitzkt. Mr. P�ark Naggerty said �f his client was considering purchasing the property he would advise him not to buy it if the zoning would not allow the sale of 3.2 6eer even tf this use is grandfathered in. He said this would be detimental to the seller. He said the property should 6e rezoned and the area could be re�uvenated. Mr. Flaggerty stated to have a non-conforming use in an area for 20 years is not proper He said with the sale of the property, it would make the issuance of the liquor ltcense a mute question at this time. The City Attorney asked if this property is being sold as a 3 2 or liquor establishment. Mr. Haggerty said it is be�ng sold as a 3.2 establishment without any representation that liquor will be sold as this establishment The City Attorney agreed that the question of the liquor license would be mute at this time. The �ity Attorney said the application for the l�quor license would be void until such a time when a new application is made. The City Attoreny asked if the property was being sold stating it will be possible for the 6uyer to apply for a liquor license. Mr. Haggerty said no, he is selling on the basis that this is a 3.2 facility. The City AtGorney asked � if the sale would be conducive on the City's issuance of a liquor license. Mr. Haggerty sa�d no, not whatsoever. Coucilman Starwalt said he was glad that this question had been asked and he further explained he felt the liquor license could not be tied to the rezoning He said the application before the Council would not carry over to the new owners. Mr. Haggerty answered in his Upinion, it would hDt carry over. Mr. Haggerty again stated the property is being sold as a 3.2 establishment and the liquor license is not being referred to. He said the owner wants to sell the faeility, lock, stock and barrel. He said it �s absolutely not beina sold as a liquor establishment. Councilman 5tarwalt said he did not want the City to get into a bind on this matter. Mr. Haggerty said ihe owner has said he had applied for a liquor license but the buyer would know that this application would not be in effect and if the new owner would desire to operate a liquor establishment, he would have to make his own application. REGULAR COUNCIL MEETING OF �ULY 21, 1975 PAGE 5 The City Attorney advised the Counc�7 That a ltqunr �icense is r�ot Lransferable. He said this would have to be obtained by the n�w owrier. Mayor Nee said his question would be to ask the area people in che residential neighborhood if they want a night clui� at that lr�cation. Fle said ti-�hether Mr Po��litzki is the owner or not, this use wouod continued � Councilman Starwalt said he had vote�i for the rezori�ng based on all of the data the Council had received. He satd he felt this was the reasonable and logical thing to do at this time. He said he avas trying to have the use conf�rmirlg and �hape things up properly. Mayor Nee said the non-conforming use question could be solved by getting ri�� of the non conformance. He said to make the use conforming by rezontng is not logical because the City has non-confor�nn ng uses all over the Cit�� Ne said to make things right, would take a iot of rezoning. The Pu61ic Works Director refe'rred the Council's attention to actian of the Planning Commission at the April 24, 1475 meet+n4 �ti�here tl�ere �vere st�pula*ions listed concern�ng the approval of the rezoning. He mentioned the parking would have to be mee*_ the requirements which would mean additional parkinq for the seating capacity He also pointed out that there will have to be aciditioral li�htrny, landscaptrg, �ermane^t curbing installed and berming. He asked Mr Haggerty if the property owner would be willing to go along with tne stipulations. Mr. Haggerty responded that Mr. Pot�litzki wou�d have tc, comply whether he did this or made it contingent on the buyei°. Councilwoman Kukowski asked if there vdould bie a time lim�t on meet�ra the st�pulat�ons. Mr. Haggerty recalled that there was a stipulation thai, the matLer be brought bar_k to the Building Standards for consideration of the improvements to the area Mr. Haggerty � stated at this ttme they were in a state of limbo trying to sell the proper�ty as a 3.2 operation and he suggested that the property be rezonec� vnth some reasonable time l�mit being placed on the requ�rements. He mentioned three months should be � sufficienL time and if it is no� scsld ir the period of tirne, th�s could be chana�d h1r. flaggerty said P�r. Povlitzki would like to move in Septem'aer. Mayor Nee pointed out tha* there was an agre2meni made with �4r. Povli�zkt fer the blacktopping of the parking area in 1969 whic@i was ta have be�n romp]eted �n 1972 and it still is not done. Ccuncilman 5�:�,rwalt agreed that there is a need fr:r some work in the area. Mayor Nee said he is noc sure that if there are stlpulations placed on tf�e r�zon�ng that they would be complted with. t�lr. Flaggerty respon�ed t6�at the City has m�r°e leverage than it had in the past because anyone io�kin� rnio the purchase of the property will noT.e these stipuiations. Mr. Haggerty sald the purchaser would know if the rezo m ng is to be completed, the stipula�ions would have co be eompli��i with. �layor Nee commen�ed that once the property is rezoned, t{iere weuld be n� way to zone it back. The fity Attorney said one thing that has been done in the past by the City Council has worked out qu��e well. He suggested that the C�uncil adont the ordin,snce for the rezo m ng on the first reading and adoFt the ordinance on second r���+ir^ whpn the property owner has met h1s obiigatiors and the or•�?inarce coulr� be hel�' on publicatTOn until the sti�ulations have been met. �fe added, the C.ity co�lct ccmpl�te the rez�ning � upon the individuai completing the parking lot �aving, lar,dsrapirg� et�. T}'a� Gity Attorney continued to explain whether the neva ovaner or Pir. Pevl�tzk,i completes trese obligations, this could be hald up on second reading. Mr. Haagerty said he had no ob,7ections f,o the re-ocrimendatien of the City Flttorney He said it is fair and reasonable arid givzs the Ci`y Council the leveraq? to sa� ±he conditions will be met. Mayor Nee asked what the stipulations would be The Public Worl;s G�recto�° said the adequate parking would have to be installed, the landscaping, permaneni curbing, berming and paving. The Pu�l�c Works �irecccr said wii�i �he seating r_apac�t_y at 300, based on the criteria for a r�staurant, thare slioul� be 11D �arl.in; sta7]s. Mr, Haggerty said they would e7ther have to reduce the seat�ng capacity or find alternate parking. He said this_is what the applicai�t is vailling �o do. Mayor Nee asked if the st�pulat�on stiould state tl�� number of parkin� stal7s for adequate parking under this use. €ie said if the btailidng ts the same siz�, it would be possible to have more people in the build�ng REGULAR COUNCIL NEETING OF JULY 21, 1975 PAGE 6 Mr. Haggerty said he thought the wordimg, "adequate" should rema�n as in the minutes of the Planning Commission meeting. Mr. Haggerty sa7d the new buyer can come to the Council and state their case on what they want. The City Attorney said they should meet the code requirements He said he could see where the reduction of the number of tables and chairs would not reduce the number od people and cars. Ne saTd this would gTVe the City Council enough flexibiiity to figure out the requirements at that time. Councilman Starwalt said if the requirements are not met, the Council wou]d not adopt the ordinance on second reading. Mayor Nee asked if the understand7ng of the Council was that this would only come back on second read7ng after the completion of the stipulations such as landscaping, setbacks, parking, etc. Counc�lwoman Kukowski said this should be considered a part of her motion. The City Attorney said he wou]d suggest a letter of understanding with Mr. Haggerty stating the City of Fridley would not rezone untilthe conditions are met. Counc�lman Breider stated he would like the stipulations complied with b�fore the sale ofthe property. He sa�d �t would be better for the buyer if Mr. Povlitzki does the necessary work. Mayor Nee directed the admim stration to prepare an agreement. UP0�1 A ROLL CALL VOTE, on the motion for the first reading of the ordinance to rezone from C-1 to C-2, Councilman Fitzpatrick voting aye, Mayor Nee voting nay, Councilwoman Kukowski voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor Nee deciared the motion carried four to one. The City Manager asked if the agreement was to be brought back to the Councii for approval and Mayor Nee said yes. � FIRST READING OF AN ORDIPdANCE FOP, VACATION REQUEST, SAV �r75-02, LORE(d SMERUD, TO VACATE 46TH AVEPdUE BETWEEN 3RD STREET AND UN N ERSITY AVEPlUE, 4603 3R� STREET N. E. , The Public Works Director explained this to 6e a request for the vacatton of a road easement which is not being used as a roadway and is being maintained by the ad�oin�ng property owners. Pqr. Sobioch said at the May 21, 1975 meeting of the Planning Comm�ssion they recorranended approval of the request with three stipulations. He read the stipulations from the minutes of that meeting. The Public 64orks Director cont�nued to expla�n that the applicant would like to make an addition te his home which would bring the setback on the side closer than the minimum standards to 46th Avenue. He said his alternative would be the vacation of the easement with the understanding he would reta�n the property and make appiication for the building permit. Mr. Sobiech said there were no o6�ections voiced at the Planning Commission meeting or at the City Coucnil Public Hearing. Councilman Starwalt said as a matter of information, the two property owners wtll gain add�t�onal property. He said assuming this is adopted, add�t�onal taxes would be placed on the property because of the increase in size and value of the property. He said the property would not be given to the ad,7acent property owners, they would be paying for it indirectly through the payment of taxes. The City Attorney said the City �s not g�v�ng away property that �s owned by the C�ty. He expla�ned the City has not been the fee owner of the property, it was just in control of the roadway easement He said if the City does not want to use the road this easement is vacated and the property goes back under the control of the ad,7o�ning property from which it had been dedicated. He said the City would not be giving the property to the,people. MOTION by Councilman Fitzpatrick to waive the first reading of the ordinance and adopt the ordinance on first reading. Seconded by Coucnilwoman ICukowski Uoon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. FIRST READING OF AN ORDINA�lCE FOR REZONING REQUEST ZOA #75-03, 6Y C FOR GEORGE I5 IN FRIDLEY, REZONE FROM M-2 TO C-2, 3720 EAST RIUER R The Public Works Director said the property in question was originally M-? and was required by the City for a bui7ding used as a tavern and l�quor store. He sa�d at this time tt was zoned to P. The City decided to get out of the liquor business at this location and sold the property with the agreement that the property would be re�oned to conform to the existing use. He explained that the previous use, M-2, does not permit or does not specifically prohibit the present use of the property. He explained, normaily the properiv zoned P vnil rev�rt back to the original zo m ng. � � � � REGULAR COU�CIL MEETING OF JULY 21, 1975 pAGE 7 MOTION by Counc�lman Fitzpatrick to waive the first reading of the ordinance and adopt the ordinance for the rezoning request ZOA �75-03 for 372� East River Road on first reading. 5econded by Councilwoman Kukowski. Upon a voice voce, all voting aye, Mayor Nee declared the motion carried unantm�usly. ID�RATIDN OF FIRST REA�ING OF AN ORDINAPJCE AMENDING THE CITY CHARTER OF THE nr rorni cv Councilman Breider said this consideration may take some time and suggested that the Council come back to this later in the agenda and take care of other matters people may be present for. Mayor Nee suggestec+ that this item be taken care of after item $16. He asked if there were any ob,7ections and there was no response. MOTION by Councilman Breider to delay the discuss�on on the Charter Amendments until after num6er 16 on the agenda. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Plee declared the mot�on carried unanlmously. IVING THE MIfdUTES OF TFIE PLANNING COh1MI55I0N MEETING OF �ULY 9, 1975: MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission meeting of �uly 9, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimcusly. APPROI+AL OF ANIMAL PATROL CONTRACT WIiH METROPOLITAN ANIMAL PATROL SERVICE, INC.: The Public Safety Gir2ctor, Mr. James Htll, explained that there was a representative from MAPSI present at the meet�ng to answer the Council's questions. Ne indicated there is an increase in the fees in the proposed contract. Mr. Hill expla�ne�i that his supervisor concerned with this type of services had reviewed th� contract and his comments were submitted to the Council in form of a memo which appeared in the agenda and is self explanatory. He said his sunerv�sor inclicated he thougnt the fees were reasonabie and Mr. Nill said he also thought they were reasonable P1r. N�11 satd the City had some difficulty with the prea�ious contractor and had hired f4APSI. The Public 5afety Director continued to comment that the previous contractor, B& E Patrol, was bought out by MAPSI and is the only business of this type in the area. The Public Safety Director said the City feels in the last year that MAPSI has provided excellent service. Nlr. Hill said the staff has lookeci at other systems such as the one in New Brighton and he is not ready to recorranend this to the Council. He mentioned there are many problems wi±h this type of system and he would not want to r2place the satisfactory service that the City is receivinq at this time. Councilwoman Kukowski noted in item #14 in the contract, veterinary service is referred to. She asked the extent of this service and the charge for it. A representative of MAPSI explained that the veterinarian comes 6y every c1ay. Councilwoman Kukowski asked if she could tour the facil�ties. The representative said thts tvould be posstble at any time without an appointment He said it 1s a very interesting operation Councilman Starwalt asked the representative what the biggest problem is that he faces in business. The representative said generally it ts the people who are not obeying the law. He said there are very few licensed anirnals unless there �s a special program. Councilman Starwalt asked if the representative could recommend a special program to the City of Fridley and the representative said he would be happy to do this. He said he has done this for other communities. He mentioned there is a program in Cleveland and they have 20% of the problems of any other City its size Mayor Nee satd he felt a program of this type would be very constructive. The Public Safety Director satd they had not discussed the change tn �ee He asked if the $10 impound�ng fee was about average. The representative said the averaqe fee is $15. He explatned that the City of Minneapolis had a first day fee or ��15.65 previously and had changed their fee to $35.15 if the animal is picked up the first day. He said tn Minneapolis reclaim rate went down 2% when the fee doubled. The Public Safety Director said i± would be possible to increase the fee, but he questioned if thiswould lower the percentage of dogs reclaimed The representative of MAPSI said the City of Fridley reclamation rate is about 45°i. He said the minneapolis rate is 36°o and some have as high a rate as 90°�. The Publtc Safety G�rector said it could be changed from $10 to $15 . Mayor Nee suggesteci that the fee for a licensed dog be $10 and $20 for an unlicensed. �he Pub17c Safety Director said trns is possible, but questioned the double �eopardy. Mayor Piee said if the dog is licensed, it is easy REGULAR COUNCIL MEETIAIG OF JULY ?_1, 1975 PAGE 8 to locate the ownerand this would cut the adminstrative and boarding costs. The representative of MAPSI said this would give an added fee on 80% of the dogs reclaimed. He expTained about 20% of the doqs that are p�cked up and reclaimed are licensed and 80°0 of those recla�med are not l�censed. Counc7lman Stawalt said part of the success of Rosev�lle's in having licensed a m mals is that the fee is so iarge for those pic!:ed up without a iicense. The Public Safety Director suggested the follow�ng languaae, "$10 for dogs currently � licensed and $20 for dogs unlicensed" He asked if this would cover any animal Mayor Nee questioned if there is a license for cats. The Public Safety Director said section six could address any a m mal that is picked up. The City Manager said this section could be deleted with the language added as follows: "the impound�nq fee set by the City". The Pub]ic Safety D�rector sa�d the �mpounding fee is not in the ordinance. Councilman Fitzpatrick suggested that the $10 be required for an�mals with a license and $15 for those without. Mayor Nee asked if the firm picks up other things besides dogs, The representative saidthey pick up all kinds of animals and said they had even picked up an alligator. The City Manager said it would be in order to approve the execution of the contract and the appropriate language would be prov�ded by the administration. MOTIQN by Councnlwoman Kukowski to approve the execution of the animal patrol contract with Metropolitan Animal Patrol Services, Inc. Seconded by Counc�lman Starwalt. Councilman Fitzpatrick asked if an unlicensed dog is picked up , would the owner be tagged for this violation The Representative said no. If they follow a dog to a house, and it is not licensed, the people Unll be tagged, 6ut when they pick them up, they pay the impounding fee and pay for the license and not issue a tag to the people for hav�ng an unlicensed at large animal. Mayor Plee asked if MAPSI people or the police issue the tags. Mr. Hill satd the people at PIAPSI issue them. The � Public Safety D�rector expla�ned that 43 tags were issued the previous year for l�cense violations. Fle also explained when they are picked up the owner must show proof of a current rabies vacination and if this is not current, the MAPSI people vacinate the dogs and see that they are licensed, He said when they come out they are vacinated and licensed. Mr. Nick Garaffa asked if the contract were arproved, would �t be possi6ie for the firm to place an advertisement in the paper on what dogs are picked up Mayor Nee quest�oned themethod of descr�pt�on of the dogs. The representative of MAPSI said they pick up from 150 to 780 dogs per day and may be 30 of these dogs would resemble GermanSheperds. fle said this would be a great expenditure and he really dTd not th�nk that this would serve the puroose. He said tr��ing ta descr�be anima7s is very difficult and they can't talk. He said the only way to uetermine �f someone's dog has been p�cked up would be for them to come down and see the animal. He recalled at times people pick up an animal tn the street so it will not aet hit and take it to another corrmiumtv to their home and call the service. Mr Hill said he had talked to another individual from MAPSI that had told him that the man of the house had visited the firm to pick up a dog and could not tell w��ich of the dogs was his own and had to get his children to come and identtfy the dog. Mr. Hill asked what the volume of a m mals that are put to death is. The representa- tive sa�d 23,000 are pui to death yearly 6y the Flumane Soc�ety and this does not include MAPSI. Mr Garaffa asked �f the dogs are taqged to indicate what area they are picl:ed up tn. The representative explained that each dog or animal that comes to h1APSI receives a number whtch will never be used again. He said out of the 35,000 animals that they have handled in the last few years, they would tell someone what has happened to each and every animal. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor nee said the language changes would be handled adm�nistratively. CONSIDERATION OF LETTER OF APPRECIATION FROM THE CITY COUNCIL TO THE 49'ERS COP4MIT7EE. MOTION by Counc�lman Breider to adopt the letter of appreciation from the City Council to the '4��ers Comm�ttee. Seconded by Cou�n�;�lman Starwa7t. Upon a vo�ce vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. � '�J REGULAR COUNCIL MEETIPJG OF JULY 21, 19%� CONSIDERATION OF AC PAGE 9 RT OF OUTLOT C. GREAT NORTHERN t� The Public Works Director briefly explained the background concerning the acceptance of the outlots. He said the improvement has been approved and the property owners agreed to the assessments at the public hearinq on the pro,7ect. He said th�s improvement con- sisted of roadways and utilities. He said they are wi'ling to dedicate the roadway depending on the development of the area. MOTION by Councilman F�tzpatrick to approve the acceptance of Outlots F, G, H, and Part of Outlot C, Great Northern Industrial Center, Fridley. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager asked if the City has an understanding that they will complete the water loop and provtde the cul de sac. The Public Works Director said yes, it is their intent to do so. CONSIDERATION OF RE'�ISION OF PLANS IiY MERIDA�1 COf�PORATIOP! FOR INTERSECTIQN OF 79TH WAY AN� EAST RIVER ROA�: The Public Works Director explained that at the June 11, 1975 meeting of the City Council, the Council approved the variances required fer development for 7°th and East River Roa� contingent on a number of stipulations He pointed out tn the letter from Mr. Calwell, Meridian, they do not have any problem with most of the stipulations adopted by the Council with th� exception of the stipulation concerning access on East River Road. He said this stipulation would eliminate any access onto East River Road. He said the representative of Meridian hacl approached the City and asked them to come up with a suggesi:ion. He said he and others in the Engineering Departmert had talked to the County officials concerning the modificatior of the ?9th and East River Road intersection. The Public Works Director said what was suggested by P4eridian was that ingress and egress be provided to aliow exit into the right turn lane to the north only. Mr. Sobiech said he had talked to Anoka County about this suggestion and it was decided that egress from this ar�a could not be tolerated because of the problems on East River Road tog�ther with the signalization proposed. He further exnlained with the construction of the medians and turning lanes, this will not allow egress in this area. �,e saici the staff recommends tl�e approval of the innress in this area with all egress l�eir�g on 79th. Mr. Sobiech said Mr. Nordale was present at the meeting and he h�d said he would try to approach the leasee about this suggestion for egress only. He said it was the understanding that the leaser would not agree to the egress onl��. He said another factor to consider wa�, that the deceleration lane on the westerly port�onof the property would have to be developed by Mer�idian because the County and the City are not ready to start modificattons at this time. The City P1anager said there should be twu addi`ional s�ipulations. The first is that Meridian pay for the insiallation of the right i;urn lane and ser.ondly, that they dedicate property for the right of way in the northwest corner for the right turn movement. The PuUlic Works Direczor explain�d that th�s right of way appears on some maps at the present time ancl the roadway does cross over the cor�e�° alread,y. The Public Works Director said this would be needed for additional easemen�s for future �mproveinents. Mayor Nee questioned if there was ar,y sense to talking about the conditions until they o6tain some play back from M[�ridiar,. The repres?ntative said this is why he �xas present � at the meei.ing Mr. ?lordale said he was speakirg for Meridian and said with th� traffic conditions in the area, {�e thou�ht the access on Easx River Road and egress on 79th w�uld 6e acceptable. He said he felt that this would be approved by the leasee. He said he would be agreeable ta the easement and the canstruction. Mayor Nee asked if the deceleration lane cc�ulc� be ext.ended bacic. Mr. P!ordale said he was willing to work out what has to be done. Mayor fJee asked the Public Works Director if the physical aspects of the construct�on would prevent anyone from exiting on to East R�ver Road The Public Works Director said this would be very close for turning and will close off the south bound lane with medians. He said this constructton would be similar to ±he construc±ion at East River Road and lNississippi Screet. Niayor P�fee as;:ed if the r�esired effect could be obtained unt�l the installation of the median. ihe Public Worl�s Director aga�n explained that it ti�ould be physically difficult to make the turn fe°om the ingress lane. Mayor Nee said he would be willing to support these conditions und siipulationso l Il REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 10 The City Manager said the City Council would have to amend the si�pu)ations to a71ow ingress from East River Road with the two addit�onal stipulations. He said if the applicant cannot live with this, he could comF back to the Counci]. Mayor Nee said he is opposed to an exit on to East River Road, but the entrance would not be this serious. Mayor Nee suggested the Council be polled for�pproval of thts item and the admin�stration prepare sufficient documentation and br�ng this back for formal Council approval. Councilwoman Kukowski asked when the signal would be installed. The Public Works Director said "not shortly". He expla�ned thatt'r�e City Council has adopted a resolut�on indicating their intent to modify this intersection and this would depend on the FAUU program. Coun�i]woman Kukowski asked when this construction would be c�mpleted. 7he represent- ative said �f the Council approved the request, construction could begin in 60 days. He said this is four months later thanuvh3t they would have liked to get started. The representative sa�d they would prefer that the Council process t;�e request at the present time. Mayor Nee said he fe7t that the amendmeni.s should be dealt with specifically tn a documented form. The Public Works Director said it would be in order to approve with a motion tr include the stipulations. He sa�d they would like to proceed. He mentioned the City staff had talked to the County concerning this intersection. i Mayor Nee asked �f the dedication of the land for the roadway in 79th would be cne of the stipulat�ons. The Public Works D�rector sa�d yes. He continued to explain the City would also need the dedication of additional property alon9 the entire westerly portion of the property for t?ie deceleration lane. Mr. fJordale said he ha�� not understood this. He said he would have to take this matter under advisement. He said this would be a great deal of len��th and frontage and they wou7d have to consider it Mayor Nee said this matter was really not in shape to take action on at the current meeting. Councilwoman Kukowski said she would agree with the proposed usage and stipulations. Cous�cilman St�rwc7i sai�i he v�ould a7so agree. Councilman Breider said he would agree as long as there is a deceleration lanP, Counc7lman Fitzpatrick said he would agree w�th the new proposal. The Pub]ic Works Director asked if there should be a letter of understanding. Mayor Ne� said there seems to be some confusion and disagreement with the ded�cation of the land and other factors. He advised the Public Works �irector to get th�s down on paper. The Public Works Director asked for clarification that the Council �,�ould allow the ingress from East River Road, but not the egress. Mayor Nee said this was correct. CONSIDERATION OF A RESOLUTION OR�ERING IMPi;OVEMENT, fIPlAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STORM�SEWER IMPROUEMEPIT PROJEC7 #118: The Public Works Director pointed out the area of the proposed impr,�ovement to 6e north of Ben,7amin to 60th and to tie into the existing storm sewer on Oakwood Manor. He said this improvement would eliminate the collection of storm sewer water �n the low area on Ben,7amin Street. Ne said ther� are several alternate rolls. He said they would be discussing the original roll and Alternate F which would provide pip�ng from Ben,7amin along the property l�nes to the low area where the water collects. He said there was >ome ct;,;ection to both alternatives. He said �t was suggested that they prepare another alternative wh7ch would �ipe from the driveway where the catch 6asin exists through the yard at 5950 Ben,7amin, following the terrain to the low area, He said he would recommend at this time that this alternative be approved which would be approximately $2,170 based on the fact that the City of Fridley would r�o the work. He said with this final proposal, the people of the area would be assessed and the money would be taken from the City's general funds. Councilman Starwalt asked tf Council action to install a system on prtvate property using general funds wou1�1 set a precedent. The Puhlic Works �irector said in order to settle the matter in a negotiated method, this would be in order. Councilman Starwalt asked if this would be a permanent solution and the Public Works [1'si°ctor said it would not. Cour�c�lman Starwalt asked why the determination would have to be made concern�ng the � ' REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 11 �! escrow funds because of this solution. The Public I�orks Dirr�ctor said the escroti� money could only be held for a reasonable amounti of t�me and if the temp�rary system isinstalled. He questioned if from a legal standpoint they r_ould continue to hold the funds. Councilman Starwalt said it is very diff�cult to put a time l�mit on tne development of thz area. He said it could not be determined at this time how the area will develop. He mentioned that other developers in the area had 6een reGuired to escrow money. The Public Works Director explalned that what they were talking about � was escrow money, not pending assessments. He said if there is a pro�ect pending, this should be followed through in a reasonable amount of t�me. He said this would be the difference between pendinq and escruw. The Puulic �orks Director said Mr. Miller, Mr. 0'Bannon and Mr. Harris, all in thts area have escrow accounts Council- man Starwalt said from the legal standpoint, it has not 6een determined how long the money can be held. The Public Works Director said the opin�on of the Attorney General's office said this should be a reasonable length of time. He said this would have heen a 1972 project. He said the time is running out The City Attorney advised tlie Council that the State Statutes are silent in this point and do not say any specific time period. He said the Council had ordered the project but not issued the contract. Ne added according to the Assistant Attorney General, when the pro�ect is ordered, it becomes a pendirig assessment and has to be completed in a certain amount of time. He quescioned wha� the legislature intended and said he did not think the City of Fridley was in complete cornpltance. He said if the City was challenged in court, he would not guarantee success;on the part of the City. Mayor PJee asked what pro�ect ordered in the improvement. The City Attorney respon�led that the pro�ect was ordered in and only a portion of it was constructed. Fle said the entire project actually sLands. He said when it came to lettinytl�e pro�ect, only a portion of the area was completed. The City Manager said this is true, this is a part of a large drainage area. He said � a small area was deleted from the large drainage district. Fie explained the boundaries of the large district. Fle said the assessments were onl�� levied on the area where the improvement was a benefit. T��e City Manager further explainQd that �f the assessment were to have been figured over the entire area, this would have heen divided equally throughout the district. He satd 6ecause tM s had been d�vided into a sma17 subdistrict, they will face a higher level of assessments. The City Planager furth2r explained that the improvement at that time would have tncluded the acquisition��f tne easement.s and the filling in of the low property to tie into the storm sewer. He explained there had been some discussion concerning the development oT the area and sorae on the Council and some of the residents of the area feel there veill not be any development in ±he back parcels. He also mentioned that some individuals have voiced the thought that they may want to develop the back lots. The City Manager said he felt this would be setting a precederat. He said this kinu of thing has never been done before. He said at first there was to have 6een an expenditure of about $1,000 to take care of the problern and now the ftgure has come up to $2,000 with out the inclusion of the labor costs from the City personnel Tlre City Manager mentioned the assessment rate for this improvement to be $8,66 and said this would be the highest assessment rate in the CitJ and he questioned if the value of the property would be increased in a comparable amount He said this would bring about some problems and he thought $3 and $4 might be more realistic The City Nlanager briefly explarned the three alternattve proposals to uhe Council. Councilman Starwalt said he was not prepared to vote on the pro�ect in at this time. hle said there are too many unknowns at this tnne and he would Fvt want to vo�z in � a$20,000 pro�ect Councilman Starwalt said if the solution could come from a nominal and reasonable amount of costs to be taken from the general fund, he could be in favor of thts. fle mentioned �f Mr. Erickson would come back to thz City and want additional work done he would lika to alleviate this possibil�,t� at the current ti��a. He said he would want this system to suffice until ihe other people of the area are ready to develop their land or complete the improvement pro�ect. Councilm�n Starwalt said he would not want the escrow accounts �eopardized. He added, he thought the City should �ust take the chance that someone would not take the City to court to see if the method is right and proper. Councilman Starvaalt said at the cui°rent meeting the Counci7 �vas to vote on whether or not to vote in Pra�ect #118. Ne said perhaps they should sttck with this Councilman Breider said this item has been on the agen�a a numher nf ±imes and they had talked about the pros and cons. He mentioned years ago there had been a$50,000 system proposed for this area which had not been developed. Ne said he realt�:ed there 9 G� Y G REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 12 �s a probJem, but he was not in a pos�tion��to order in a$20,000 improvement at th�s time. He said he would favor the installation of the lesser expensive alternative that had been proposed for this area. Mr. Erickson asked why the system could not be placed on the property line rather than cut through the center of his yard. The Public Works Director said they were talking about a system that would onlv be three feet deep He said because of the terrain, if this would be placed on the property line, this would be a much more expensive system. He said with the current proposal, they would not acquire any easements. He said he thought this system would function � most of the time. Mr. Erickson questioned if this would require maintenance and he would have people working in the center of h�s yarJ. Mr. Ericl<son said a great deal of dirt would be washed into the system and there is still the poss�bility of the system freezing. 7he City Attorney asked if the system could be done in the same way by following the property lines, The Public Works Director explained this wouTd be impossibie beca�o�e of the terrain in the area. He said this would necessitate a deep construct�on and he yuestioned if it would take the drainage to the proper location in the low area. Mr. Erickson said he was told that this may freeze. He questioned the alternative that had been discussed previously with ti�e installation of the rock. ?"�e �ul;lic 4�orks Dirertor sa�d currently they are discussing an underground system and the one Mr. Erickson was referrtng to would be an over grou� system. Mr. Erickson said this would overflow with every rain. He said no system would hold this amount of water. The Publ�c Works Director said this would be a temporary system. Mr. Erickson said �he mGintenance oF t�,.� system would have to be con�ucted in the middle of his back yard. He said th�s cauld be run on the property line where it would not disturb the property. He asked what would happen if the pipe is plugged. The Public Works Director said this would have to be a deeper system. He �lso stated the system would have to go down Ben�amin and would not follow the swale. Mr. �rickson said he did not think there was too much difference. Councilman Breider said he would l�ke the Council polled on whether they would accept th�s kind of proposal and said 1f so, the Admin�stration could work w7th Mr. Erickson � for a satisfactory solution. Mayor Nee expla�ned to Mr. Erickson that the City would make an offer so�mething ?�ke had 6een propo�ed at the current meeting. He said no one in the area would be assessed_ for th�s system. The City Attorney said he agreed wiht the suggestion of Councilman Breider in that the details of the system could be worked out with the staff and the oroperty o�vr�er, Councilman Star•walt ment3oned Mr Er�ckson had said that �the C�ty was not asking him h�s opinion or the system and he said he would like to take care of the details of the plan the current eve m ng Councilman Starwalt mentioned t;•at everything that is sug7�sted by the City is re�ected by P9r. Erickson. Mr. Erickson said he had suffereu a high property lo�s and he had +_�scrowed $i,000 for a storm sewer system. He said the City had suggested that he put up with the water in the low arca and dedicate easement besides. He satd he thought thTS would be,qu�te a high price when this was not his mistal;e. Councilman Starwalt said he was not sure that the City had made the mistake. Councilman Breider said he d�d not agree. He said the man has a problem and the City would ha�re to tell him what they are going to do about it. He said he would not want the storm sewer pro�ect at this time, he did feel thatthis would be the answer. He said he felt the Counctl should say they are going to do something iike th�e 1«st proposal. Council- man Breider said the City would have to give Mr. Erickson an answer. ' Mayor Nee said the proper order would be to cons�t'er the resolution and �f it fails, the system would be put in out of general funds for a partial and temporary sol��tion. He said the question would be to put in the system that was being discussed or adopt the resolution for the improvement pro;iect. Mayor Nee asked if there was a motion for the adoption of the resolution for pro�ect #118 and there was no resronse. Mayor Nee asked if they would ba taking action on the original proposal or Alternate F. Councilman Starwalt said he thought the $20,000 proposal was the one being addressed in the resolution. He said he was prey�ared to vote against this proposal. Mayor Nee said if no one make a motion, this proposal would fail. Councilman Breider said he �;t,d a pro6lem accepting the proposal that if the $20,000 pro�ect �s not ordered at this time that the escrow money would not be held. He REGULAR COUMCIL MEETING OF JULY 21, 1975 PAGE 13 ., l� questioned if the City Council could determine that there would never be a pro,7ect in this area. The City Attorney said the money was in escrow because a previous City Council has done this is a prev�ous action. Mayor iJee again explained that if the members of the Council are opposed to the improvement, they dtd not have to make a resolution to adopt. Councilwoman Kukowski � asked how the matter would be disposed of. Mayor Nee said if not adopted, it would be disposed of. Mayor Nee asked if there was a motion to adopt the resolution and said if there is not a motion, the consideration is dead for lack of a motion. � � Mayor Nee asked if there was a motion for the adoption of Alternate F and there was no response. MOTION by Councilman Breider to instruct the Admtnistration to work with Mr Erickson and the ad,7acent property owners for a plan to construct a system of piping to the low area and that this cost be taken care of by general funds and that the plan be brought back to the City Council for approval. 5econded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Erickson said he would like to work out somethin9 reasonable. He thanked Councilman Breider for getting something moving on the consideration. The City Manager asked what would be done with the escrow monies or pending assessments. The City Attorney said no action had been taken on this matter. The City P1anager said the escrow money is unrealistic. He mentioned in some cases it is $3 per 1D0 square feet and the present need is over $8. Mayor Nee said there had not been any motion to delete the previous pro�ect. The City Manager said the prr?blem will not go away when the Council takes no action. Councilman Breider said the escrow funds may be needed to take care of future storm sewer improvement He said if someone would file suit, the City could say that they anticipate a future storm sewer improvement. The City Attorney said the City Council should knrti-� the Admin�stration will be under some pressure because this is not resolved. He said all the Administration could tell the people is that the City Couricil did not wish to discontinue their original action. He satd a project has been ordered in and there is no immediate plan for construction He said the Administration would do what they can to hold the City's position. Mayor Nee satd if no action is taken in this line at the present time, the money would have to remain in escorw. Councilman Breider asked if the City Attorney could be able to put up with the heat. The City Attorney said he thought he would face it. He mentioend they would have to live with the situation created by previous Council. He said if there is gorng to be a higher assessment rate in the future, the City can assess the additional amount. Councilman Starwalt said the amount being collected at the present t�me may be increased or recinded in the future. He asked if the City Council could take action at this time to take care of the proper assessment. lhe City Attorney sa�d he did not know how to direct ~he Council at this time to deal with this problen�. The City Manager said the assessments would have to be equalized in the future and if there ts any change in the cost over the oro,7ect that had been ordered, they would have to hold another public hearing. He said there would have to be another hearing because of the increased costs. He said if they had i�oted a specific cost of the pro,7ect and the cost is increased substanially, then this would have to be brought back to the people. The City Attorney said as a legal matter, this is not required, but as a moral obligation, the City should. The City Manager said there is a question of the 6enefi' to the property. Mayor Nee asked if he meant the realining of the money. The City Manager said they would have to do something because the escrow would not cover the cost of the improvement He said if someone would take the City to court, it might have to be released. Mayor Nee said if the CIty would �oose such action, perhaps the money should be released. The City Manager said the City Attorney had mentioned the City's chances would not be too good in court. Mayor Nee asked if Mr. Erickson would receive the money, if it was released. The City Manager said Mr. Erickson would not get the escrow money, it would go to the previous owner of the property. Mr. Erickson said it would go to the former owner of the property from the inortz�age company. The C�ty Manager said he would like to solve the problem and not bring it back to the Council again. 1 s� REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 14 CONSIDERATION OF IMPR011Eh1ENT• STREET IMPR�VEMENT PRO�]ECT ST. 1975-1 ADDENDUM #3, SIVERTS LANC : Mayor Nee called for a motion on the street improvement and there was no response. Mayor Nee asked if there was any discussion concernin9 this matter. The Public Works Ll�rector said it was mentioned at the Department Head meeting that perhaps the City should obtain an agreement concerning the maintenance of the street being done by � the people of the area The City Attorney said there may be a need for a letter of understanding. The Public Works Director said if this improvement is not approved, the City would no �onger perform the maintenance of tl�e unimproved roadway. The City Attorney mentioned that there had been a question raised if the City of Fridley ma�� receive some claim if an adequate ,7ob of snow plowing was not done and an ambulance or fire vehicle would not get into the public road because the City is not maintatning it. Councilman Breider directed his comments to Councilman Staw•walt and mentioned that the people in this area have their own well and sewer systems and they had put in their own road. He said they are paying their taxes to the City and not receiving any sc�rvices for thts. He said he appreciated the action of the City �Aanager that something should have been done about the ii�zprovement of the roads. He said at the present ttme he felt this would be a hardship for many people and questioned if the people who would have to pay for the back lots that are not split would receive any benefit from this improvement. Councilman BReider said he thought the City staff could run in the area in the winter months and keep the road open for the people. The City Manager said the staff would take care of the roads. He mentio�le�? that the improvement would be brought back to the Council inihe future and every delay would increase the costs in the improvement. He mentionedthe Councll is very hard on the departments at budget time. The C�ty A�torney said the City should plow the road in the wnter months, but some agreement should be obtained from the �eople of the are� that they obtain their own summer maintenance or reimburse the City for this. Counc�lman BReider said he did n2+ think the City could say i_hat they would not go up there and plow the road open. The City Attorney asked ��'riat would happen in a bad snow. CounciTman Starwait said the poiicy of the City is to provide such mainienance and plowing for the improved streets. He said �ust because it is going to cost the people some money to put in the improvenzent they are tn favor of re,7ecting the idea. He questioned what would happen in the City if everyone had determined they did not want to bear the cost and the City would he•ve to take care of many unimproved roadways. , Counc�lman Breider ment�onedthe people living on 69th Avenue and questioned if the benefit could 6e shown for these people. He also mentioned the parcel of pro�rrty to the east and asked v,Fo would be picking up the assessments for this parcel. Council- man Starwalt said the people on 69th own a developable parcel of land Councilman Starwalt asked if the City could plow the road on a continuous basis. The City Manager said this e,i�FStion could be resolved admimstratively. Mayor Nee asDed if there was a mot�on for the adopt�on of the resolution and there was no response. N0. 121-1975 IDERATION OF APPROVAL OF RESOLUTIOf� AND AGREEMENT BETWEEN MINPdESOTA DEPA OF � The Public Works Director pointed out the si9nals on the map on page 14-G of the agenda He explained the exTSting controls would be removed and new traffic control signals with street ii�r�ts would be installed at the intersection of Highway �65 at West Moore Lake Drive and Centra7 P,�✓enue, Mississippi Street and Highway #65, West Moore Lake Dr�ve-Rica Creek Road, and Highway #65 and Osborne Road. The Public Works D�rector said this would require more maintenance on the part of the City. Mr. Sob�ech said the signals would be sequence signals and the total participation of the City would be $13,912 and the total amount has been budgeted for the current year. ?,07ION by Councilman Starwab±to adopt Resolution No. 121-1975 a�+��roving the agreement between the P1innesota Department of Highways, County of Anoka and City of Fridley for traffic signal improvement in Agreement No. 55009. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee deciared the motion carrTed unanimously. 7 �; REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 15 CONSIDERATIOPJ OF A RESOLUTION CI"NCELLIPiG SPECIAL ASSESSMENT FAYM�NTS DUE IN 1973 ON LOTS 3 AND 4, BLOCK 2, HAYES RIVER LOTS Councilman 6reider questioned if the City had an agreement to pay the assessmerits on P�inder's lots. Playor Nee said he belie��ed that the seller evas to pay tc a certain point and the City to pay ihe remainder Councilman Breider said he did not understand the taxes. Mayor Nee asked the Finance �irector if the City had agreed to pay the assess- � ments. The F�nance Director said the propert„ ot+�ner was to pay the assessments up until 1972 and ihe City was responsible for tY�e remainder. Counc�lman Breider menttoned thatthe Islands of Peace was to be a topic at the upcoming discussion meeting of the Council 'iad he said he would like to table this con,ideration until after all of the aspects had been discussed. MOTION by Councilman Breider to table the consicieration of the resolution cancelling the special assessment payments due in 1973 on Lots 3 and 4, Block 2, Hayes River Lots. Seconded by Councilwoman Kukowksi. UPon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. COtiSI�ERFlTION OF FIRST RE�4DING OF AN ORDIPlANCE AMENDING THE CIIY CFIARTER OF THE CITY OF FRIDLEY: MOTION by Councilwoman Kukowski to adopt the first readiiig of Lhe ordinance «mEnding the Citv Charter of the City of Fridley in the title down to the word�'ng; "The changes are as follows". Seconded by Councilman Starwalt Upon a voic� vote, all voting aye, Mayor Wee declared the motion carried unam mously. MOTIO� b4� Coianciiman 5tarwalt ta adopt the first readinq of thE ordinance in Section 2.03, paragraph 6, ELECTED OFFICIALS as proposed Seconded by Couricilwoinan Kukowsk;. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , MOTION by Coucnilman Starwalt to adopt the first reading of the ordinance in Section 2.06, repealing Section 2.tT6. Seconded by Coucnilwoman Kukowski. Upon a voice vote, all voting aye, h1ayor Nee declared the motion carried unanimously. MOTION by Coucnilwoman Kukowski to adopt the first reading of the ordinance for Section 2.06A, repealinq Section 2.06A. Seconded 6y Councilman Star�Nal�_ Upon a voice vote, all voting aye, Mayor Nee declared the motion carri2d unanirously. MOTION hy Counctlman Starwalt to adopt Section 2.06, a number change from Section 2.07, Playor. Seconded by Courscilman Breider Upon a �ro�ce vot2, all voting aye, ?1ay�or Nee declared the motion carried unanimously MOTION by Coucnilman Starwalt to adopt the fit,st reading of the or��nance amending Section 2.07, a number change from 2.08, Salaries and Expenses. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt the first reading of the ordinance ainending Section 2.08, paragraph 2, Investigation of Ci�y Affairs. Seconded 6y Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared thc motion carried unanimously. P10TION by Councilwoman Kukowski to adopt the first reading of Section 2 09 a Section number change from Section 2.10, Interfererce w�th Admim stration Seccnded by Launcil- man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried � unanimously. MOTION by Councilman Fitzpatrick to adopt Sect�on 4.03 on first rza�ing, Primary Elections as recommended. Seconded by Coucnilman Starvialt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Attorney 6rought up a point concerning the language of t`•e proposed amendment He said the wordtng should be that if there are one or twc ro'�inees for each elective office and he questioned if the languane would read if there was only one rominee for the elective offi ce would there ne a primary. Fle said this languageshmu7d be cleaned up. He said he thought the idea of the amendment was a frne one, but he d�d not l�ke the way it was written. The City Attorr�ey suggested the Council pass t�e first reading and send it back to the Charter Commiss�on for this minor modification. Councilman Fitzpatrick asked if the language was intended to mean two or fewer. Council- man Breider said theCouresl could not change any language. P1ayor �iee quest7ored if the item should be sent back. The CIty F`,ttorney again questioned what would be the case if one person filed. !� REGULAR COUN�IL MEETING OF JULY 21, 1475 PAGE 76 The Finance Director said the section could be adopted so it would not appear on the ballot, The City Attorney said the Council could ask the Charter Commission for modificat7on in the language ar�d he thought on this �ype of change they would concur. Mayor Nee said he would call for a vote on the concept of the amentlment v;ith the suggestion that the language be modifTed. MOTION by Counc�lrnan Fitzpatrick to a�lopt the first reading of Section 4.05, Judges � and Clerks of Elections. Seconded by Cour�cilman Breider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. MOTION by Coucm lman E�tzpatrick to adopt Section 4.08, Canvass of Elections and Taking Office. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counc�iman Starwalt to adopt the first reading of the oriiinance to amend Section 5,02, Expenditures by Petitioners. Seconded by Councilman Breider. Councilman Breider said he would like to inter�ect his comments. Councilman Breider said he is going to vote against the motion brcause the C�ty Attorney had advised the Council that the offense under the State Statutes that this �s determined to be a rlsa',eriea�?or, He said what is trying to be done could be done in another way. The City Attorney said he questioned if the City Council would have the authority to change this since it was done by State Legislation. Councilman Breider said he felt this section should go back to the Charter Commission for a better suggestion. Mayor Nee sa�d he agreed that the dollar amount should be included. Councilwoman Kukowski sa�d she was prepared to vote aga�nst the amendment. Cour�rilman F�tzpatrick asked �f this section should be amended at all. UPON A ti'O10E VOTE, all voting nay, Mayor Nee declared the M07ION FAILE� UNA�dIM0U5LY. MOTION by Counc�lman Breider to adopt the f�rst reading of the or�inance in Section � 5.08, Inititive Ballots. Seconded by Councilman Starwalt. Councilman Breider said he would be �oting against this amendment because he thought this is one item th�at should appear on the ballot, Hc said the voters should have the right to say yes or no on th�s item. UPOPJ A VOICE VOTE, all voting nay, Mayor Nee declared the motion F�ILED UNriNIMOUSLY. MOTION by Coucnilman Breider to adopt the f�rst reading of the ordinance amending Section 5_19, Penalty for Falsely Attesting to any Signature on aPetit7on. 5econded 6y Councilman Starwalt. Councilman Breider said he would vote against this sect�on being amended. He said he felt this should be returned to the Charter Commission. He also mentioned the second paragraph eould 6e dealt with in pamphlet form rather than giving the circulator a scction of the City Charier. He sa�d he was not sure that this should be done by means of the Charter when it �ould be done on an administrative level. Counctlman Starwalt said he agreed with the statements of Councilman Breider, but he felt the last paragraph could stay 7n the Charter. Councilman Breider sard by putting this in the Charter is putt�ng undue pressure on the cir�ulators. He said if the Charter says this must be done, this just allows for another way to technically violate the law, Cou;7cilman Starwalt said many people are not even aware that the , City Char`er exists. He fclt th�s would be one way to make them aware of the Charter. Councilman 6reider said if he was to circulate a petition and call 50 people for a three hour session on the criteria that would have to be met, if the Charter is amended, and they are educated, this would not be sufficient. Councilman Starwalt said when they u��ere speakTng of giving coples of the Charter, he felt this would mean the or�ginal five people on the petitioning committee_ Coucnilman Breider quoted the Charter Zmendment and said "each circulator" must be given a copy of this section of the Charter. He said the Charter criter�a would not meet the criteria of the law. The City Attorney said he d�d not think it �i;;. Cou��cilman Starwzlt said he thought it would be okay to send this portion��r the amendments back to the Charter Commission. Councilman Breider said he thought this section would have to be done in a more suitable manner. Councilman Breider said this type of thing should be handled admim stratively through the Finance Director's office. i % � � REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 17 UPON A UOICE VOTE, on the motion to amend Section 5.9, all voting nay, Mayor Nee declared the MOTION FAILED UNANIMQUSLY. MOTION 6y Councilman Breider to adopt the first reading of the ordinance amending Section 6 04, Subordinate Officers. Seconded by Councilman Starwzlt. Mayor Nee said he has had a pro6lem with this section because of two conflicting � views by the League of Women Voters and the Fridley DFL Councilwoman Kukowski said she approved of the amendment. She explained that the City Attorney should basically work for the Council She said she felt the City Counc�l could evaluate the work of the City Attorney 6etter than the City Manager. Councilman Breider said he took the opposing view. Councilman 6reider said he felt very strongly that the City Attorney should be accountable to the City Planager as every other administrative office is. He mentioned that the City Co�mcil does not have a day to day experience on the general administrative aspects. He said he felt it would be a handicap to the City Manager to not be able to determine who his legal people are and who he is going to work with. Councilman Fitzpatrick said he did not feel that there was a great deal of difference between the legal counsel and the other advisory people the City hires such as the City Engineer. He said the City hires the City Attorney to give the City techm cal advice and he should be «opointed by the City Manager and apUroved by the Council. Councilman Breider said the amendment is dually responsihle for the method of appointment of the City Attorney and the Prosecuting Attorney. He said currently the Prosecuting Attorney is Car1 Newquist. Councilman Breider said the Prosecuting Attorney has to work directly with thePolice Department and the C�ty Counc�l would hat�e no way to evaluate his performance. Councilman 6reider brought up the point that some people say the success of the Prosecutor is measured by the number of cases that he w�ns. He questioned this criteria by saying some Prosecutors will not take any � cases they are questionable about winning. He said this type of circumstance is very bad for the police officer's moral. He again said the City Council has no way of evaluating, this has to be done by the Police Department. Mayor Nee said there had been some very profour.d th7nking expressed at the current meeting. Councilman Starwalt said he did not th�nk the amendment would solve the problem. He suggested that this be sent back to the Charter Commission. Councilman Breider said it had been discussed by the Charter Commission and he felt that �t would not need any more consideration by them. Councilman Breider said if the City Ceuncil does not adopt t�iis amendment, he felt that it shoul�d be placed on the ballot. UP�N A VOICF VOTE, Mayor Nee vottnq aye, Councilman Breider vot�nq aye, Councilman Starwalt voting aye, and Councilman Fitzpatrick votins aye, and i,ouncilwoman Kukowski voting nay, Mayor Nee declared the MOTION FAILE� pecause it lacked a unanimous vote. MOTION by Councilwoman Kukowski to adopt the first reading of the ordinance for Section 6.05, Purchases and Contracts. Seconded by Councilman Starwalt. � Counc�lman Breider said he would vote in favor of this Charter Amendment because he felt the current Charter language had been written 20 years ago. He mentioned the raise in the cost of livin9 since that time and thou9ht the 55,000 would be more realistic. The Finance Director said this amendment had been suggested because the State Statutes allow expenditures up to $5,000 He said the City would still require rece�ving two quotations. He mentioned that the auditors hold the City to what the State Statutes say. He said this �s spelled out w�th the State for purchases for municipalities. The City Attorney said this amendment would put the Charter in line with the State Statutes and �nline with what all o±her m�nic7palities are authorized to do by law. Mayor Nee said he felt th�s determination should be made by the people. The City Manager said they had received the opinion from the City Attorney and the tnformation that the City is going by the State Statutes. He mentioned that the C�ty 1P REGULAR COUNrIL MEETING OF JULY 21, 1975 PAGE 18 was able to make purchases up to $1,000 with no additional quotation, but it has to receive quotations up to ;�5,000. He said there would still be some restrictions. Mayor Nee said he felt the City Charter could be more restrictive than the State Statutes. The Finance Director said the City had received an opinion from the City Attorney on this scme time ago. He asked if this was available. The City Attorney said he could not recall the opinion. Mayor Nee said he would go along with the $2,OD0 or $3,000, but questioned the $5,OD0. UPON A vOICE VOTE, Councilman Breider voting aye, Councilman S+.arwalt voting aye, Councilman Fitzpatrick voting aye, Councilwoman Kukowski voting aye, and Mayor Nee voting nay, Mayor Nee declared the motion FAILED FOR LACK OF A UNANIMOUS VOTE. MOTION by Cour�cilman Starwalt to adopt the first reading of the ordinance for Section 6.06, Contracts, How Let. Uron a voice vote, Councilman Starwaii voting aye, Council- man Fitzpatrick voting aye, Mayor Nee voting nay, Councilwoman Kukowski voting aye, and Councilman Bre�der voting aye, Mayor Nee declare� �hn motion FAILED FOR LACK OF A UNANIMOUS �OTE. MOTION by Councilman Breider to aF�oat the first readtng of the ordinance amending Section 7 02, Power of Taxation. Seconded by Councilwoman Kukowski. Councilman Breider said he was going to �rote in favor of the amar�ment because when the State reconstructed the market value this would have cut one half or one third and suggested amount is more in line with what the needs of the City are. U�'.�fl A VOICE �OTE, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to a�n�� the first reading of the ordinance amending Section 7.02, Section B, Power of Taxation. Seconded by Councilwoman Kukowski. Mayor Nee said he saw where the revenue in this section had to be ad�usted but he did not agree that the "personal property" should be eliminated. He said he did not feel that this should be taken from the tax base. The City Attorney said the State limited the authority of the CiYy to tax personal property. The City Attorney questioned if there are av7y taxes collected in the city from ���ersonal property. The Finance Director said in some instances, macf�inery and public utilities are taxed. He said the City does not have the personal property tax base as it once had. He said this would only apply to the limited items such as signs. The F�nance Oirector said there is not a separate tax base for personal property. He said it would have to be one way or the other. The Finance Director said there is no way that the State Statutes could be changed, He qu=stioned if this pa�t could be laid over, UPON A VOICE VOTE OPJ THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. (Note: Later in the discussion, this question was split in two parts on this section of the amendmento) The City Attorney stated he felt this question should be c�ivided in this section. MOTION by Councilman Breider to reconsider the motion amending Section 7.02, Section B. Seconded by Coucnilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mayor Nee said the question was before the Council again. MOTION by Count,ilman Breider to delete the portion of Section 7.02 B, "and personaP'. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting nay, Mayor P'ee declared the P�OTION FAILED UNANIMOUSLY. MOTION by Couricilman Breider to adopt the first reading of the ordinance in Section 7 02, B, to change 30 mill limitation to 16 mill limitation. Seconded by Councilwoman Kukowskt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � ' REGULAR COUNCIL MEE7ING OF JULY 21, 1975 PAGE 19 I '� MOTION by Counc9lman Fitzpatrick to adopt the first reading of the ordinance amending Sect�on 7.03 by changing 6oard of Equalization to Goartl of 2evlew. Seconded by Council- woman Kukowskt. Upon a voice vote, all vottng aye, Mayor �Jee declared the motion carried unanimously. MOTION by Co�ncilwoman Kukowski to adopt the first reading of the ordinance amendtng Sectlon 7.04, paragraph 2, Preparation of Annual Budget. Seconded by Councilman � Starwalt. Upon a voice vote, all vottng nay, Mayor Nee declared the motion FAILEC UNAfJIMOUSLY. MOTION by Councilman Starwalt to adopt the first reading of the ordinance in Section 7.05, Passage of the Budget. Seconded by Councilwoman Kukowski. Counc�lman Breider asked why there was a recommendation for an amendment which would extend the time limit. Mayor Nee said because this is the way that it is always done. The City Manager said this would be a realistic schedule. He said the City wou�d ��ot know what they would be getting in aid before this time. He sa�d the present time schedule is never followed and it is unrealtsti�. He mentioned the City alivays presents a balanced budget and if they were not aware of the revenue side, they could not prepare the expense side. Mayor Nee said this is what the practice has been in the past and he did not know i� this is right. He said with the amendment, it allows for the administration to know the amount of money that they have and then they spend it. The City Manager said they would have to know what they have to present a 6alanced budget. UPOA A VOICE VDTE, all votinq nay, Mayor Nee declared the motion FAILED UNANIP40USLY � MOTION by Councilevoman Kukowski to adopt the first reading of the ordinance for Section 7.09, Levy and Collection of Taxes. Seconced by Coucnilman Starwalt. Upon a vo�ce vote, all votrng nay, MAYOR NEF_ DECLARE� THE MOTION FAILED UNANIMOUSLY. MOTIOA� by Councilwoman Kukowski to ac!opt the first reading of the ordinance for Sectiorr 7.14, Accounts and Reports Seconded 6y Councilman Starwalt. The Finance Director explained that this would relate to whether the Counc�l would want the report aud�ted before pualication. He stated that the aud�ted report could not be done before April because the audit is not available at this time. He ment�oned that this year the report had been published by April, hut this was not an audited statement. Councilman Breider asked how long it takes to get the statement auditecl. The F�nance �irector said the auditors work in many places and there is not one place that tliey work from the beginning of a statement to the end of it. The Finance Director said the City does not have an audiied report for the past year. He expla�ned that this ts unusually late and they usually have the audit be�ore May Mayor Nee said the report does not really have to be a�adited for the purposes of publishing it. The Finance Director agreed that it is really not necessary, but it is m ce to have it audited before pu6lication. Mayor Nee asked if through the audit, there is ever any changes in the report or statement. The Finance Director said there are minimal charges. He said the nuditors do not always look at things the way the ' Administration does. Mr. Bill Scott asked �f there is a notation made on the aud�ted report where changes are made and the Finance Director said yes. Mayor Nee said the report that is published would not change to the extent to `ully discredit the City. The F9nance Director said the changes are mtriimal. Hesaid he would rather publish an audited report and say that the report is audited. UPON A VOICE VOTE, Counc�lman Starwalt voting aye, Councilman Breider voting nay, Councilman Fitzpatrick voting nay, Mayor Nee voting na_y, and Councilwoman Kukowsk� voting nay, Mayor Nee declared the motion FAILED, four navs and one aye MOTION by Councilman Fitzpatrick to adopt the f�rst reading of the ord�nance amending Section 7.17, Debt and Tax Anticipation Certificates, Section (a) Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor P'ee declared the motion carried unanimously 1 f) REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 20 MOTION by Couecilman Breider to adopt the first reading of the ordinance amending Sect�on 8.05, Public V�'orks: How Performed. Seconded by Counc�lman Starwalt. The City Manager said this section is bein9 recommended for adoption ta allow the prov�sions to be in line with the State Statutes. He added, if the Council desired, the Ad�m nistration would bring back a report on the way that this ;s being done. Mayor Nee said he felt the City c�uld have stricter regulations than the State. UPON A VOICE VOTE, Councilman Starwalt votTng aye, Cauncilman Fitzpatrick voting aye, Coucnilman Breider votin9 aye, Councilwoman Kukowski voting aye, and Mayor Nee voting nay, Mayor Nee declared the motion FAILED FOR LACK OF A UNANIMOUS UOTE. MOTION by Councilman Breider to adopt the first reading of the ordinance amending Section 10.04, Power of Regulation Reserved. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt the first reading of the ordinance amending Section 10.05, Rates and Charges. Seconded by Councilwoman Kukowsk�. Mayor Nee sa�d he did not know why thisamendment was being suggested. He stated that the only franchisees that the CIty has are Cable Television and the Gas Company. The City Attorney said he may have su9gested this amendment to give broader coverage. He saTd he had questioned if the Ca61e Television system couid be determined as a public util�ty Mayor Nee said this would exempt the phone company and Northern States Power Company. He said they cannot obtain a franch�se inthe Ctty of Fridley. The City Manager said this would go under the provision of public utilities. Mayor Nee said if the ordi�ence is aciopted, public utilities would 6e stricken and franchisee would be put �n its place. Councilman F�tzpatrick said he believed the amendment should read both "public utilities and franchisees" Councilman Breider said this section shou7d be sent back to the Charter Comm9ssion for revis�on. UPON A VOICE VOTE, Councilman Starwalt voting aye, Councilwoman Kukowski voting nay, Counc�lman BreTder voting nay, Councilman Fitzpatrick voting nay and Mayar Nee voting nay, Mayor Nee declared the MOTION FAILED, one aye and four nays. MO7ION by Counc�lwoman Kukowski to adopt the first reading of the ordinancF amending Section 10.06, Provisions of Franchises, Seconded by Councilman Starwalt. Mayor Nee sa�d he agreed with the suggested wordiri� of the Section heading of Section (b). Councilman Bre7der said he felt the entire section should be sent back to the Charter Comnission. UPON A VOICE VOTE, all voting nay, Mayor Nee declared the MOTION FAILE� UNANIMOUSLY. MOTION by Councilman Breider to adopt the first reading of the ordinance to amend Sect�on 10 09, Public Hear�ngs. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting nay, Mayor Nee declared the motion FATLED UNANIMOUSLY. MOTION by Counrilman Fitzpatrick to adopt the first reading of the ordinance amending Section 12.07, Vacation of Streets. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt the first read�ng of the ordinance to amend Section 12.11, Tenure, Powers and Duties of Present Officers, deletion of Section. Sec�or,dcd by Coun:ilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � II� , MOTION by Counc�lman Fitzpatrick to adopt the first reading of th ordinance to amend Sect�on 12 12, a number change to Sectaon 12.11. Seconded by Councilman Star�,�alt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MOTION 6y Cour�ciL�roman Kukowski to adopt the first reading of the ordinance to amend Section 12.13, Existing Ordinances, Regulations, Boards and Commissions, �r r,umb�r change from Section 12.13 to Section 12.12. Seconded by Councilman Starwalt. U{,cn a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. kEGULAR COUNCIL MEETING OF JULY 21, 1975 u A PAGE 21 MOTION by Cou�n�ilman Starwalt to adopt the ftrst reading of the ordinance to amend Section 12.14, Pending Condemnations and Assessments, a number change from 12 14 to 12.13. Seconded 6y Cou��ilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. The City Attorney said on November 16, 1969, he had prepared a memorandum concerning a legal opinion on the matter of purchases by mum cipalities and their regulation by the � State. He said in this opinion, it states that the State will overrule what the individual municipalities Charters requ�re. He said the State provis�on for the expenditure for $5,000 would be upheld. He said this opinion had been obtained from the Attorney General's office. � � Councilman Breider said he did not really think this section should be gtven a dollar ainount but should read "expenditures will follow the State Statutes". He said this could be changed every few years The City Attorney said the City would have no power of enforcement at all �f this was in the Charter. Mayor Nee said this inclusion would be meaningless if the State provisions overrule the City's requirements. Councilman Starwalt said he felt the Charter Commission should 6e advised of Lh�s fact. Mayor Nee sal;d he would be w�lling to withdraw his nay vote on tnis matter �f �t would chang� the situation. lie asked the City Attornn� to talk to the members of the Charter Commission. He said the City Charter should conform with the State Statutes and th�s reference should be deleted if it would have no effect at all. Mayor Nee said he would not object to this portton of the Charter being deleted if this would simplify the Charter. Councilman Breider said he thought this would make sense. The City Attorney _aid the only purpose that the inclusion of this information would serve ts to inform anyone reading the Charter how these types of matters are handled. RESOLUTION N0. 123-1975 - AUTHORIZING AND DIRECTING THE COMBINIPIG OF SPECIAL ASSESSMENTS ON LOTS 12 AND 13, BLOCK P. PARCEL 3475, AN� LOT 14, BLOCK P, PARCEL 3480, RIVERVIEW MOTION by Counctlman Breider to adopt Resolution No. 123-1975 Seconded by Councilwoman Kul:owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. RESOLUTION N0. 124-1975 - AUTHORIZING AND DIRECTING TIIE COMBINING OF SPECIAL ASSESSMENTS MOTdON by Councilman Breider to adopt Resolution No. 124-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all votin9 aye, Mayor Mee declared the motion carried unan�mously. RESOLUTION N0. 125-1975 - AUTHORIZING AND DIRECTING THE COMBIPIING OF SPECIAL ASSESSMENTS ON LOT 42, PARCEL 3620; LOT 43, PPR,CEL 3625, ANDLOT 44, PARCEL 3b30, BLOCK P, RIVERVIEW MOTIOPJ by Councilman Breider to adopt resolution No. 125-1975. Seconded by CouhC�lwoman Kukowski. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 126-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIHI_ ASSESSMENTS ON LOT 45, PARCEL 3635, LOT 46, PARCEL 3640, AND LOT 47, PARCEL 3645, BLOCK P, RIVERVIEW HEIGHTS ADDITION: MOTION by Councilman Breider to adopt Resolution Plo. 126-1975. Seconded by Councilwoman Kukowski Upon a voice vote, all voting �ye, Mayor �lee declared the motion carried unanimously. RESOLUTION N0. 127-1975 - AUTHORIZI OM LOT 1, PARCEL 3665, LOT 2, PARCE THE COMBINIh'G DF SPECIAL AS�ESSf"Ef;TS MOTIDN by Councilman Breider to adopt Resolution No 127-1975. Secen�ed b�� Councilwoman Kukowski. Upon a veice vote, all voting aye, �4ayor D!ee declared the motion carried unanimously. �2 REGULAR COUNCIL MEETING OF JULY 21, 1975 RESOLUTION N0. 128-1975 - AUTHORIZING AMD D PaGE 22 ASSESSMENTS MOTION by Counr.�lman Breider to adopt Rasolution No. 128-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor P'ee declared the motion carried unanimously, RESOLUTION �l0. 129-1975 - A�THORIZING AND DIRECTING THE COMBINI �I? MOTION by CourYr_�lman Breider to adopt Resolution Plo. 129-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unan�mously RESOLUTION N0. 130-1975 - AUTHORIZING AND DIRECTIPIG OF SPECIAL ASSESSMENTS MOTION by Councilman Breider to adopt Resolution No, 130-1975 5econded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unammc�usly. RESOLUTION N0. 131-7975 - AUTHORIZING AMD DIRECTING THE COMBINIPJG OF SPECIAL ASSESSMENTS MOTION by Cour�cilman Breider to ainpt Resolution No. 131-1975. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unammously. RESOLUTION N0. 132-1975 - AI�THORIZIhG AND DIRECTING THE COMBI�II�IG OF SPECZAL MOTION by Councilman Breider to adopt Resolution No. 132-1975. Seconded by Cour�cilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Bre9der to ar;r_,pt Rc�solution No. 133-1975. Seconded by Counci]woman Kukowski. Upon a voice vote, all voting aye, Mayor P:ee declared the motion carried unanimously. RESOLUTION N0. 134-1975 - AUTHORIZIMG AND DIRECTING THE � MO7ION by Counrilman Breider to adopt Resolution "o. 134-1975. Srconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee dec7ared the metion carried unanimously. kESOLUTION N0. 135-1975 - AUTHORIZIP!G AND DIRECTING THE COM6INING OF SPECIAL ASSESSP�ENTS ON 9 AND LOT 10. PARCELS 3965 AND 3970, BLOCK R. RIslERVIEW HEIGHTS AD�ITION: MOTION by Councilman Breider to adopt Resolution No. 135-1975. Seconded by Council- � woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 136-1975 - AUTHORIZING AND DIREC,TING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 39, PARCEL 4115, AND LOT 40 PARCEL 4120, BLOCK R, RIVERUEIW HEIGHTS AD�ITION: MOTION by Councilman Breider to adopt Resolution No. 136-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee d�.clared the motion carried unanimously. RESQLUTION N0. 137-1975 - AUTHORIZING A1D DIRECTIN� THE COM�sINING OF SPECIAL ASSESSMENTS ON LOT 53, PARCEL 4185, AND LOT 54, iARCEL 4190, BLOCK R, RIUERUIEW HEIGHTS ADDITION: � REGULAR COUNCIL MEETIPIG OF JULY 21, 1975 PAGE 23 C � MOTION by Councilman Breider to adopt Resolution No. 137-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor P4ee declared the motion carried unanimously. RESOLUTION N0. 138-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SP MOTION by Councilman Breider ±o adopt resolution tio. 138-1975. Seconded by Gouncilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion�carried unan�mously RESOLUTION N0. 139-1975 - AUTHORIZING AND DIRECTING THE COM6INING �F SPECIAL ASSESSMENTS e MOTION by Councilman Breider to adopt Resolution No. 139-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIDN N0. 122-1975 - AUTHORIZING AN� DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS DN LOT 49, PARCEL 4435, AND LOT 50, PARCEL 4440, BLOCK S, RIVERVIEW HEIGHTS AD�ITION• MOTION by Councilman Breider to adopt Resolution No. 122-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all votina aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT: CITY EMPLOYEE: NAME POSITIOPI SALARY EFFECTIVE DATE REPLACES � �anet K. Lewis Administrative �1035 July 7, 1975 Peter Herlofsky 8477 Regent Ave. N. Assistant per Apt. #202 month Brook1yn Park, Minn. 55443 MOTION by Councilman Starwalt to approve the appointment of Janet K. Lewis as Administrativel Assistant effective �uly 5, 1975. Seconded by Councilwoman Kukowsk�. Upon a voice vote, i all voting aye, Mayor Nee declared the motion carried unanimously , LICENSES: BILLAFDS Fridley Fun Center 644D University Avenue FOOfl ESTABLISHMENT Club 47 6061 University Avenue Tire City Incorporated 5333 University Avenue � Thomas L. Suggs Alyce Simanson Rodger Wedell � Lindquist Cake Decorating James Lindquist and Supply 5247 Central Avenue LIUESTOCK Jack Na6e1 6025 3rd Street N E. VENDING MACHINE Creative Hair Inc. 6574 University Ave. Shars Snack Bar 5209 Central Ave. Jack Habel Val Hachow Stanley Tvedt APPROVED BY Public Safety �ir Health Inspector Flealth Inspector Health Inspector Health Inspector Building Inspector Health Inspector Health Inspector FEE $40.00 24.00 25.D0 24.80 (pro- rated) 5 00 15.00 15.00 L � REGULAR COUNCIL MEETING OF Ji:LY 21, ]975 LICENSES continued VENDING MACHINE Skywood Hallway 5251 Central Ave. Standard Oil 5311 Untversity Ave. SERVICE STATION 6Y Stanley Tvedt Barbara Brown Standard Oil Barbara Brown 5311 University Ave. BLACKTOPPING Fairfax Asphalt, Inc. John Pfaff 6699 AShton Ave. N E. fridley GENERAL CONTRACTORS Comnercial Erectors, Inc 814 S. 9th Street Minneapolis Mike 0'Bannon Lloyd's Home Improvement 4911 4th Street P!. E. ColumL��a I;cini��,s Lloyd Graczyk HEA��ING 0'Brien Sheet Meial, lO1D Currie Ave. Minneapolis Swenson Heating & Air Conditioning 6700 W. Broadway M�nneapolis Inc. Douglas Hayes Douglas Swenson APPROVED BY Health Inspector �eputy Fire Chief Nealth Inspector Qeputy Fire Chief D. Clark D. Clark D. Clark B. Sandin 6 5andin PAGE 24 FEE 16 11 15.00 � 30 00 MOTTON by Cout�cilman Bre�der to approve the issuance of the listed licenses. 5econded by Counrilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � The Public Works Director pointed out on Page 35 of the agenda that the license under Food Establishment, Lindquist Cake Decorating had not been approved by the Administration. He expla�ned tha�,the Department of Agriculture had �ssued a ltcense to the operation, but according to the City ordinance, the applicant is required to have a three compart- ment s�nk or a two cmpartment sink wiih a drain board. He painted out that the establishment has on ly a one cornpartment s�nk. He said the rules established by the City of Fridley had been established with good reasoning and he asked the Council for some direction on the issuance of the license. The City Attorney said he had been involved with this question for the past few days He said the State has sard that the operation has a license and that they do not need a C�ty license. He also point��d out that the State says the C�ty cannot adopt any rules or regulations that are not consistant with the State. He said the State does � not have any specific language on sinks. He said there is a question of whether the C�ty ordinance should be enforced, He said {+e had recommended to the Administrative staff that the City not hold up this man from going into 6usiness because of this type of situation. He again stated that the State has sa�d that the appl�cant does not need a City license and questioned if the City would be in ,7�opardy by not allowing him to go into business. He sa�d if ihe C�ty Administrat�on wants to challenge the State Department of Agriculture by �ssuing a citation for operating without a license this would be possible. He said the City could receive a declaritory �udgement to determine Tf he needs a City license The City Attorney said it is his feeling that the City should not issue the license but allow the man to go Tnto bu<_iness. He said if any further steps are taken, this should be done between the City of Frid'E�y and the Agriculture Department. �� �Gt REGULAR COUNCIL MEETING OF JULY 21. 1975 PAGE 25 Councilman Starwalt asked if the business is a cake decoratinq school. The Public Works Director said this is a bakery where some cooking is done. The City Attorney said all he had heard is that this is a bakery. Mayor Nee asked what was the 6asis of the law that was being discussed, he asked if this was by the City or the State. The Ctty Attorney explained that the City has an ordinance requiring the installaiion � of a three compartment sink or a two cmpartment sink with a drainboard. He added, the State said that this is not needed for bakeries. He further explained that the State distinguishes between restaurants and bakeries The City Attorney said the Department of Agriculture satd thts�s not required and the State has issued the man a l�cense. The City Attorney said the State and the Deputy Attorne_y General have both said that the man does not need a City license to operate the business � � Mayor Nee questioned if the City should be so hard on the small business man The C�ty Attorney said theCity's Health Inspector feels that the State requirements are not adequate and that the City ordinance is more acceptable. The Public Works Director said the City's ordinance is consistant with all of the ad�oining communiiies. The City Manager said this includes Minneapolis and St. Paul. The Public 4lorks Director said the City Flealth Inspector had requested an opinion from the Food and Drug Administration and their reply based on a 1962 study was a recommendation for a three compartment sink The Public Works D�rector sa�d the Adminlstration is trying to enforce what they believe to be correct. The City Attorney said with all the time spent on the question, the City could have bought a three com�rtment sink. The City Manager said his recommendation would b�� to not approve the issuance of the license and allow the man to operate. Mayor Nee said the City could not tell the man to go ahead and issue him a ticket for this. Councilman Breider said he thought the City should talk to the Department of Agriculture on this question rather than the bakery owner. Mayor Pdee said the license has been issued by the Council unless someone moves to reconsider. There was no response. Tf�e City Attorney said the State would have to get in line with the municipalities if the State has preempted this requirement. He said thisis going to come up with other adjoining communities. The City Manager suggested that the City of �rid7ey combine their efforts in this respect with the other adjoining communities. Mayor Nee asked the City Manager to write a letter to the Department of Agr�culture and ask them to review this requirement conflict. Councilman Breider asked if the question was a matter of policy or law. The Ct±y Attorney said the law states that the City cannot adopt any rules that are inconsistant with the state. He questioned what would be consistant. Mayor Nee said he did not feel that the individual should be taken to court on this matter. The City hianager said no one would be sued. ESTIMATES� Comstock and Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 FINAL Estimate No. 2 for furnishing of Professional Engineering Services for planning Sanitary Sewer, Water and Storm Sewer Improvement Pro,7ect No. 116 Comstock and Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 For furnishing of resident inspection and resident supervision for the staking of the following construction work: $ 1,753.71 �� REGULAR COUfVCIL MEETING OF JULY 21, 1975 PARTIAL Estimate hlo. 7 for Water, Sanitary Sewer and Storm Sewer Impr�vement Project No. 116 from June 7 through July 5, 1975 PARTIAL Estimate No. 19 for Sanitary Sewer Improvement Pro�ect No. 114 from May 30 through �une 21, l975 Peter Lametti Construction Co. 615 Drake Street St. Paul, Minnesota 55102 PARTIAL Estimate Mo. 5 for Sani`ary Sewer Improvement Pro�ect No 113 (Central Ave. Relief Sewer) Dunkley Svrfacing Company 3737 East River Road Fridley, Minnesota 55421 PARTIAL Estimate No. 2 for Street Improvement Pro�ect ST. 1975-1 PARTIAL Estimate Plo. 2 for Street Improvement Pro�ect ST. 1975-2 Smith, �uster & Feikema Suite 1250 Builders Exchange Building M�;�neapolis, Minnesota 55402 For Prosecution work during the month of June, 1975 Weaver, Talle & Herrick 316 East Ma�n Street Anoka, Minnesota 55303 For Services rendered as City Attorney during the manth of June, 1975 Councilman Breider asked the Public Works Drrector what the estimate $7.21 was for. The Public Works i�rector sa�d this could be the cost of an es�imate or some other small pro;;�ct. PAGE 26 � 7.21 $ 280 25 � $ 28,448.64 $ 38,896.70 $ U,745 48 $ 1,531 37 $ 1,678.50 in the amount of for preparation � Councilman Breider asked what F,�oject #116 was and the Public Works Director sa�d this was the improvement in the Great Northern Industrial Plat. MOTION by Councilman Breider to approve the estimates. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director said he would report back to the Council on the estimate for $7.21. CLAIMS: GENERAL AND LIQUOR 10626 - 10739 MOTION by Councilwoman Kukowski to pay the Claims. Seconded hy Counc�lman Starwalt. Upon a voice vote, all vo�irig aye, Mayor Nee declared the motion carried unanimously AD�OURNMENT; ' MOTION by Councilwoman Kukowski to ad,7ourn the meeting. Seconded by Councilman Starwalt, Upon avo7ce vote, all voting aye, Mayor '!ee declared the motion carried unanimously and �e Re9ular meeting of the Fridley City Council of_�uly 21, 1975 ad�ournrd at 11:44 P.M. �� -..� ,/�,'�.��,.�, �� Pat Ranstrom William � Nee Secretary to the City Council �Mayor Date Adopted �- �� �S