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11/10/1975 - 00014978�_� THE MINUTES OF THE PUBLIC HEARING MEETING OF NOVEP1BER 10, 1975 Yq � T ti #_ M i L � PAGE 1 The Public Hearing f4�eting of the Friclley City Council of NGVember 10, 1975 was called to order at 7 33 P.M by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present and invite� them to ,7oin the Council in saying the F1edge of Allegiance to the Flag, ROLL C�LL: PIEMBERS PRESENT MEMBERS ABSENT ADOPTION OF P,GENDA.: Mayor Nee, Councilman Breider, Councilman Starwalt Councilwnman Kukowski and Counci]man Fitzpatrtck None MOTION by Councilman 6reider, seconded b,y Counci7woman Kukowski. Upon a voice vote, all �eoting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING: Pl1BLIC NEARIf�G ON THE MATTER OF ADOPTING AIV ORDINANCE AI�THORIZIPlG THE ISSUAPdCE OF ON-SALE WINE LICENSES. MOTION 6y Councilwoman Kukowski to open the Public Hearing and waive the reading. Seconded by Councilman Fif,zpatrick. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unanimously, and �he Public Hearinq opened at 7:38 P M. Mayor Nee explained that this item was a potential ordinance authorizing the issuance of wine licenses. The City Manager opered the discussion by explaim ng that there is a law now that � allows the City to issue wine ltcenses to the eating establishments. He said that there was some interest in the community, and tihere has been some dtscussion on the sub,7ect. It is brought before the Counctl to see if the City shoulu adoot this ordinance � Mayor Nee asked if there were any interested parties present A visitor speakirig for Mr. Steak Restaurant said he was 7ust curious as to whether this ordinance would include strong beer. Mayor Nee said that �.his vaas a special state statu�e only for wine The City Attorney ex�lained that in order to serve strong beer a liquor license is requlred. Mayor Nee said if there was no further interest there would be no point tn adopting this ordinance now It could be brought up aga�n in the future if there is an interest showr. MOTION by Councilman Fitzpatrick to close the Public Hearing Seconded by Council- woman N.ukowski. Upor a voice vete, all vot�ng aye, Mayor Nee declared the motion carrted unanimously, and the Public Hearing closed at 7:43 P.Pi. C HEARI QN-SFlLE LIQUOR LICENSE TO RICHARD �UANE MOTICN by Councilman [3reider to open the Public Heartrg. Secanded by Counctlman Starwalt. Upon a votce vote, all voting aye, Mayor Mee dec'ared the motion carried una m mously, and the Publtc Hearing opened at 7•44 P P1. Mayor Nee stated that since the original public hearing on this consideration the Counc�l was appraised of the fact that the property was improperly zoned, among other things, and this was very material to the consideration. For that reason it has been determined to reopen the public hearing and enter certain information to the records ��� PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 Mayor Nee asked iP Mr. Richard Povlitzki was present There was no response. PAGE 2 Councilman Starwalt ment�oned that he had not been �n touch with Mr. Povlitzki s�nce the last meeting, and s�nce he is not present he moved to ta61e the Public Hearing until 8•00 P.M. because he is coming a long distance and may have had difficult7es in getting here. MOTION by Councilman Starwalt to table the Public �learing until 8:00 P.M. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousTy. PUBLIC HEARIfdG ON IMPROVEMENT. STREET IMPROVEMENT PRO�ECT ST. 1976-1 MOTION by Councilman Fitzpatrick to waive the reading and open the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously, and the Public Hearing opened at 7:45 P.M. The Public Works Director opened the discussion by giving a dissertat�on on the street improvement pro�ect. He explained that the street improvement is a part of the C�ty's ten year street improvement program. It was initiated in 1969, and it was intended to improve all Ctty street to a standard section 6y 1978. He then pointed out on the City map the progress that has 6een made, and said at this time, there remained approximately six miles of sub-standard or swaleback type streets. These do not have a defin�te drainage pattern and are in need of repair or main- tenance. He said it is proposed to complete one and one-half miles in 1976 The Publzc Works Director further explained that the basic standard would consTSt of a roadway thirty-s�x feet wide and consists of concrete curbs and gutters with bituminous mat which would improve the drainage to eliminate problems that exist and attempt to avo�d high maintenance costs in the future. For example, he continued, 57th Place does have a drainaqe problem, wh�ch has caused �nconveniences to the residents and had high maintenance costs because the water cannot drain out. We have had numerous complaints from the ad,7acent residenis. He further stated that another reason for the improvement program is to tmprove the driveability by having a smooth driving surface, and have facilities the residents of Fridley can be proud of. Mayor Nee asked the Pu61ic Works Director if he could give some history of the increasing costs of this pro�ect The Public Works Director said it should be pointed out that in 1973 or 1974 there was quite an increase and construction costs ,7umped from $73.00 or $1n.00 to $ U.DO in 1975. He further explained that costs have now stabiltzed and that the same preliminary costs are pro,7ected for 1976 as they were in 1975. The Public Works Director said it should also be pointed out that there is no state aid included in the pro�ect at all. A71 of the streets, except the Henriksen Plat, are all basically the same structure being thirty-six feet wide and having concrete curb and gutter and b�tuminous mat. The first street �s 53%z Avenue - 7th Street to Mad�son Street. Improvement costs would be $17.14 per lineal foot. Mayor Nee asked if there was anyone present that would like to speak on this consideration. Mr. Leo Swamer, 557- 532 Ave. N E addressed the Council and said that he would like to know if the street is going to come up or go down. He said he is higher than h�s ne�ghbor. Also, as far as the sodding, he wanted to know if he would have to pay for this. The Public Works �irector explained that sodtling and all of the restoration costs are tncluded in the pro,7ect costs. Anything that is disturbed N�ould be restored to its present condition. Mr. Swamer wanted to know �f the street would be wider than it is now and the Publtc Works Director said it would be no wider than it is now. He said we only wanted to eliminate the swale-back design that causes problems with maintenance. Also, he said he believed the drain would be down towards Madison Street and 7th Street. � � , �� ,_ Pl16LIC HEARING MEETING OF NOVEMBER 10, 1975 PAGE 3 Mrs. Qorothy Seip, 5628 - 6th Street N.E. then addrPssQd the Council and said she has a fence that is on the street now and wanted to know if it would be moved back, and the Pu61ic Works Direci,or said �f it aoes out to the property line, we would replace �t or anything that is disturbed, at no cost. Mayor Nee added that the proposal inc7uded restoring driveways, etc. with whatever it �s now, concrete, black- top, etc. � Mr. Leslie Lummgren, 533 - 53z Avenue N.E asked if the pro,7ect was primarily resurfacing or does it include any storm sewers. - The Public Works Director said it would include any storm sewer we may need to handle drainage problems down in this cul de sac Mr. Lummgren also wanted to know if all of the properties vaould be assessed and are the people on Madison Street included in the assessment. The Public Works Director said that all of the properties would 6e included. The people on Madison Street have already been assessed for storm sewer He stated that there is not much storm sewer involved in this area. Councilman Starwalt suggested that if anyone ha= any doubts they could drive by other areas that have already been completed and see how the City restored the sod, drtveways, etc. He said that 57th Street, Able Street and Baker Street have ,7ust been completed and the further improvements will be ,7ust as nice. Playor Nee asked for an expression of how many are for or opposed to th�s pro,7ect Mr. Lummgren said that it has to be done and may as well be done now with the costs rising. He also wanted to know when the work is anticipated. The Public Works �trector said that they would try and arrange it so that the City is not torn up all at once. They would try to cr�mplete one area before moving on � to the next. Mayor Nee asked to move onto the next street, being 57th Place, 4th Street to 6th Street. The Public Works Director stated that this is basically the same design The front foot rate is $17.14 per lineal foot. He also said that he noticed there is a water problem in this area where there are existing storm sewer facilities He explained that the grade is such thal' water cannot reach the facilities. The entire surface is not graded properly and this should be done. Mr Otto Tower, 359 - 57th Place expressed that he could not wa�t until the work began. He said he has people driving on his lawn and you cannot tell where the street ends and his property begins. He asked if storm sewers would be put in this section The Public Works Director said that there are storm sewer facilities in the area now, and they would try to make use of these existing facilities. Mr. Towers asked how much that would affect his assessments, and the Public 'n'orks Director replied he would not be assessed because he was originally assessed Mr. Towers said he was ,7ust there tonight to say that he was for the pro,7ect Mr. �ohn Tiller, 417 - 57th Place addressed the Council to say that he does not want the pro,7ect put in. He explained that two years ago it was brought before � the Council, and about 80% of the residents were at the meeting to say they did not want lt put �n, and he did not think things had changed stnce then. D1r. T�ller said he had three lots on that road. Also, he said a lot of the people who were here the last time, were not here tonight and wanted to know how many times they have to keep coming back. The Publtc Works �irecior explained that it keeps coming back because of the com- plaints from residents in the area and the only way the C�ty can solve the pro6lem is to make the improvements. � i�) il�` PUBLIC HEARING MEETING OF NOUEMBER 10, 1975 PAGE 4 Mayor Nee asked Mr. Tiller to elaborate on why he does not want the improvements, and Mr. Tiller said it was because of the money involveda He said there is nothing wrong with the road that he is not willing to put up with. At this point, the City Manager said that he thinks same of the points the Council made when the ten year street improvement program �rt�s originally adopted needed to be re-emphasized. At that time, he said, the basic philosophy was that people who have already paid , for improvements on their streets should not 6e burdened forever to pay a share of the costs to maintain sub-standard streets. He said past records ind�cated that the majority of the people desired to improve the streets, and presently over 90% of the streets are up to the standards and orly 10% were below standard. He further explained that the philosophy was that the City give the people adequate notice and over a period of ten years the City would bring all the streets to the same level. The City Manager further explained that there are a few streets, 57th Place 6eing an example, that have been brought back twice and delayed for two years each time, Every time it is delayed the Council requests it be brought back so that the program, if followed through, could be completed in 1978. Also, he said it should be considered that when the program was started the costs of the roads were approximately $9.00 per assessable foot, now it h�as almost doubled that amount. Once these streets are butlt to standards the City is responsible to see that they are maintained, so there is no reoccurring. Mr. Robert Engstrom, 455 - 57th Place said that it was his understanding that if it did not go through, it would still go through by 1978, and the Public Works Director said that is our hope. It is part of the initial program. Mr. Carl Paulson, 430 - 57th Place, stated now is the time to accept this assessment. He said he realized some people cannot afford it, but as the City Manager said, with rising costs, we cannot afford to wait. Mr.Pau�son c�;:pressed his desire to �ay his share, and said that if the streets are improved the values will rise in proportion Mr. Richard Simmons, 362 - 57th Avenue said he was present for 57th Place, and he feels he is paying more than his share. He said h�s taxes went up th�s year, and he is paying for the service road that runs behind his home, and that he is against the pro,7ect Mr. Marv Hartse, �475 - 57th Place, said he �s against it also. He felt his street was adequate enough. Mr. Nartse wanted to know if the Ctty would notify the people by mail of the outcome, and Mayor Nee explained that they normally dn not, but that he could call a councilmember if he cannot be present at the fol1owing meeting. Mr. F. Ben�amin, 5630 - 6th Street, said he has a big tree in front of his lot and asked if he will be charged if the tree is removed. Mayor Nee said that it was against the law to remove trees. He asked Mr. Ben�amin if he was in favor of this proposal. Mr. Ben,7amin replied that it was a lot of money and asked what the interest would be The City Manager said the interest would 7z°1 for ten years. Mayor Nee said that these are not firm prices, they are estimated, but they are usually estimated a little high. Mayor Nee then asked to discuss 6th Street - I.694 Service Drtve to 57th Avenue. The Publtc Works Director said this was a similar type cross-section as before and the same front foot rate of $17.14 per foot. Mrs. John Uagov�ch, 5400 N.E. 4th Street began this discussion by stating there was a sim�lar problem about three years ago on 4th Street and people were opposed to it. She said she is still paying her share for the street on Gth street. , , ' � � PUBLIC HEARING OF NOVEMBER 10, 1975 l E`>'.) PAGE 5 She and her husband are both ret�red and are paying $35.OD a month for the street that went in front of their house, They were moved by the Highway Department for the convenience of the public, and had to purchase property close to where they could get utilities through She further explained that there were apartment buildings across from them and when they use the streets in excess of what the property owner does, should'nt the City pay for that We have not been able to sell because of the assessments and because of the locat�on Mayor Nee asked to move on to the next street. The Public Works Director said this would be 60th Avenue, 5th Street to 7th Street. He explained that aga�n this is the same type cross-sect�on, 36 feet wide and also $17.14 per foot. Virgil Haugen, 6010 - 7th Street N.E. addressed the Council and said that he was curious as to the method of assessing The Public Works Director explained that 60th Avenue is a cross-street and the properties abutting that street and North and South would be assessed a side yard assessment of $5.12 per foot. He said it is a policy of the City stating that there is a side yard assessment. He further explained that this is for the street improve- ment also. Mr. Haugen mentioned there was an easement runntng through there and wanted to know �f that was tncluded and what were the lot sizes on 6Dth Avenue. The Public Works Director said they were approximately 135 feet each Mr. Haugen said the ad,7acent properties are $17.14 per foot and the abutting properties are an additional $5.12 or is that included in the $17.14 Mervin Herrmann, City Assessor said that he could explain that. Ne said that the side lot at 60th Avenue gets 1/3 of the side yard assessment at $17.14 per foot, then going down 6th Street and up 7th Street to the next corner lot, there will be an assessment of $5.12 per front foot sa they will pick up the 2/3 cost of the corner lots Mr. Haugen asked how many lots get assessed and the City Assessor said it would be four lots, 5 blocks South and 4 blocks North. Mr. Haugen said that he was not against the improvement. He was for it He said he �ust wanted to know how we are doing the assessing. Mayor Nee said if there are not more questions, we will move on the next street The Public Works Director said the next street would be 6th Street - I.694 to 57th Avenue. He explained i.hat again this street is 36 feet wide, concrete curb and gutter, etc The front foot rate is also $17.14 per foot Mr. Dave Abrams, 5659- 5th Avenue asked what this will cost him. The Publtc Works Dtrector satd his cost would be front footage costs only, $U.14/ft He explained that his house must face onto 57th and there are no tmprovements scheduled on 57th Avenue. The total would be the front ,yard. Mayor Nee asked Mr. Abrams if he had an expression on the improvements. Mr. Abrams said he was against it, but he was sort of for it He said he realized costs are going up and he said the storm sewer drainage works sometimes and sometines it does not. He would like to have something done with that. He asked what would it take to get this taken care of. Mayor Nee said probably a petition. We are tnterested in the neighborhood sentiments Although it is a Counctl decision, it is taken into consideration. _� h „r PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 PAGE 6 Mr. A. L. Schnobrect - 5649 - 5th Street N. E. said that he wanted these improvements back in 1965 when they first bought the�r home on 5th street. He said they did not have it wh�le their children were growing up, so why have it now. The street is not that bad in the Wtnter. Another potnt, he said, they put a new drain in on 57th Ave., and it does not work. He asked if they were going to put �n a new drain or not. The Public Works Uirector explained that the drain does not function properly and we w�ll regrade and make use of the existing facilities and make sure they work ' properly. Mr. Schnobrect also expressed concerns about the lawns that are torn up and the width of the street. The Public Works Director explained the lawns would be restored and mostly the w�dths will remain the same that presently exist, and if there is something that exists that does not fit in with the new destqn, it would be remodtfied Mr. Schnobrect also said he was concerned about the streets being torn up for a lon9 period of time. He mentioned that before they were torn up all Summer and people had to park their cars a block away from their homes. Councilman Starwalt said they were not torn up all Summer. He explained that during the strike there was an unavoidable period of time they were delayed, but only about six weeks at the most. The Public Works Director said they would complete one area before going to the next. Mayor Nee asked how he felt about the pro,7ect. Mr. Schnobrect sa�d he was agarnst it, and that he also would like a petition to see how many people are for it. Mrs. �rances Peterson, 5600 - 5th Street said that they are glad because people have ' been parking on their driveway for a couple of years, and they are happy to have the curbs put in, She asked what it will do to their taxes. The City Assessor said it looked like it would be about $22.9 5/ ft Mayor Nee told Mrs. Peterson that this was only an estimate. The City Manager said he felt it needed to be emphasized that over 90% of the property owners have gone through this and it is inevitable that it is going to be done. It is a commitment the City has made to br�ng all of the City streets up to standard. He explained that this way everyone will be paying their fair share for maintenance. Mayor Nee addressed Mr Abrams and added that this may have some relevance to the petition In all probability, possibly three or four years from now, the street will have to be rebuilt. It is better to do it now and be way ahead. Mr. Abrams asked if there would be any penalty for paying this off ahead of ttme. The City Manager expla�ned that once the pro,7ect is completed, we would assess it, probably next year, and you can come in and pay the assessment and not put �t on the ten year payment plan. It is your choice. If you do not want to pay the 7z%, you could pay it off, or pay it off in one year or ten years. Also, he said he would like to point out that if the City �s going to make the improvements, it is less expensive to complete one area all at one time while the equipment is in the area. � Generally, the City tries to improve a certain area so that the equipment is not going back and forth, and it is all completed in one year. The City Assessor said it should also be pointed out that people could pay for half of the assessment, or a part of it, then put the balance on the ten year plan. If they want to pay it off after one year, they could save some of the interest. Mayor Nee asked to move on to the next street. � i � PUBLIC HEARING MEETING OF NOUEMBER 10, 1975 PAGE 7 The Public Works D�rector said the next street would be 5th Street � 60th Avenue to 61st Avenue. He explained that this is also similar construction with the cost being $17.14 per foot for all fhe streets including curb and qutter, At this point, Councilman Starwalt brought up the fact that there were some ,7uveniles present at the meeting, and that it was already 9:00 P,M He said he did not like to interrupt one item for another, but he had honed that the Street Improvement � Pro,7ect would have been completed by this time He asked the Council for suqqestions of how to handle the Frontier C1ub. The Public Works Director explained that there were two streets left - one on 6th Street and the one on 71z Way, anri the one on 71z Way could be dtscussed with the Proposed Henriksen Plat. Mayor Nee suggested that we continue with f,th, 5treet and table the balance until the Frontier Club hearing is completed. The Public Works Director explained that 6th Street - 60th and 61st is also a similar type constructton. Cast is $17 14 per foot and the side street rate is $5.12 per foot Mr. Glen Huebner, 6D61 6th Street said that he was hiqhly in favor of th�s pro,7ect to beautify the area and for safety reasons. He said it will keep people off of the lawns, etc. Mayor Nee thanked Mr. Huebner for his comments MDTION by Councilman Starwalt to table the balance of this hearing for about 20 minutes and reopen the public hearing on the Frontier Ciub. Seconded by Counctlinan Breider•. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously REOPEN PUBLIC HEARING ON THE QUESTION OF ISSUING AN ON-SALE LIQUOR LICENSE TO � RICHAR� DUANE POULITZKI FOR THE PROPERTY LOCATED AT 7365 OLD CENTRAL NORTHEAST FRIDLEY FRONTIER CLUB, INC Mayor Nee asked if Mr. Povlitzki was present and there was no response. The City Attorney opened the discussion stating he would like to make a few remarks. He explained that this is a reopeninq of a public hearing for a request for a liquor license made by the owners of the Frontier Club He sald previouslv there was a Public Hearing, and at the request of the applicant and the applicant's attorney, certain information was not brought forth. He explained that it is the fee7ing of the Administration that before Council makes that decision, they should have information as to the past records of operation of the propr�etor, in as much as it relates to the present operation, which the Council ts aware �s a 3.2 operation. He further explained that Administration would like to present a statistical summary and records that are available in the Police �epartment as well as certain comments from police offtcers and others who have had some expertences at the Frontier Club In additton, when that presentation is finished, Mr. Sobiech will address himself to the question of certain agreements made by the proprietor of the Frontier Club and comment on whether these commitments have been fulfilled The City Attorney said he will call on hir. James P. Hill, Public Safety Director. He explained that it is h1r. Hill's responsib�lity to make a recommendation to the Counctl on whether or not they should gran+. a liquor license or not and he is prepared to make that recommendation and discuss the basis for their decision. � The City Attorney said he would now like for ±he records to show that it is approximately 9:15 P.M. At a previous Counc�l Meeting, Mr. Povl�tzki was present and was advised that another meeting would be held on this evening and in addition a written notice of the hearinq was delivered, along with a copy of the material that was given to the Council, to Mr Povlitzki's address here in Fridley. The officer who made the delivery will comment on it when he addresses the Council. S �I i PUBLIC HEARING MEETING OF NOVFMBER 10, 1975 PAGE 8 Mr. Hill then addressed the Chairman and mem6ers of the Council. He said that on November 7, 1975, he submitted a memorandum to the City Manager, which he under- stands has been forwarded to the members of the Counc�l The memorandum, he explained, basically concerned the ^ublic Hearing here to m ght on an Intoxicating Liquor License for Richard Povlitzki, owner of the Frontier Cluh �n our City, He further explained that in addition to th�s memorandum being sent to Council, the memorandum, along with a cover letter was also hand del�vered to the legal residence of Mr. Povlitzki on that same date by Sgt. James Sprun9man of the Fridley Police �epartment. Mr. Hill then asked the Council's indulgence to read into the record the contents of this memorandum. MEMO TO MEMO FROM: DATE: Sl1BJECT: NASIM M. QURESHI, CITY MANAGER JAMES P. HILL, ASSISTANT CITY MANAGER/PUBLIC SAFETY DIRECTOR NOVEMBER 7, 1975 NOVEMBER 10, 1975 PUBLIC HEARING ON INTOXICATING LIQUOR LICENSE APPLICATION FOR RICHARD D. POVLITZKI - FRONTIER CLUB, INC. on January 9, 1975 I advised your office that it was my recommendatlon that an Intoxicating Liquor L�cense not be granted to the applicant in this case. This memorandum is to reconfirm my recommendation at this time. The Fridley City Code, 603.072, states in part that the Public Safety Director shall cause to be made an investigation of applicants applying for Intoxicating Liquor Licenses in the City. The Code also states that it shall be necessary for the Public Safety �irector to make a written recemmendatton and report to City Council, and further that additional investigation may be ordered by City Council when deemed necessary. The basis for my recommendation is primarily founded on a review of official Police Records regarding the Frontier Club. Lieutenant Howard Rick of the Fr�dley Police Department was assigned the task of reviewing the official Police Reports regarding the Frontier Cluh and making a statistical summary of the number and nature of reports in our files. The results of Lleutenant Rick's lnvestigation reveals the following statistical information. There have been approximately 122 official recorded Police Reports regarding the Frontier Club from May 4, 1963 to July l, 1975. It should be noted that these are official recorded reports and does not necessarily reflect all of the sil.uations in which there was Police involvement at the Frontier Club. In analyzing the 122 reports, we find that 57 reports could be classified in the area of disorderly conduct. Thirty-six of the disorderly conduct category reports involved fights at the establishment and the remaining 20 reflected other forms of disorderly conduct. In addition to the d�s- orderly conduct category, we find 22 cases of simple assault, 4 cases of aggravated assault, one robbery case, 9 cases involving burglary and 3 tnvolved minors in the Club or consuming in the Club, and the remaining 20 were for other types of miscellaneous reports Although the mere num6er of official reports is of some significance, I feel the nature of many of these reports such as disorderly conduct includ�ng fiyhts and various assaults, reflect an even more s�gnificant potnt for consideration in determining whether the management and/or employees of this Club have been able to reasonably control the activities within the Club and reasonably provide for the safety and welfare of their patrons. There are also other reports not included in this summary �n�hich are of a more personal nature regard�ng the applicant{s} which I feel are not germane to the issue or may not be relevant to the operation of the actual Club 1 � PUBLIC HEARING MEE7ING OF NOVEPIBER 10, 1975 It appears relevant that possibly I should call it to your attPntion that as a result of two arrests being made in the Frontier Club in February of 1965 for two minor girls drinkina, that the Club`s license was suspended from March 2 until March 8, 1965. Although it is recog m zed that there has 6een a significant time lapse since this suspens�on, the Police Department �s prepared to present evidence and/or independent witnesses to attest to the allegation that this same type of activity has occurred within the past year. It should also be noted at this time that the Pol�ce Department is prepared to present testimony from Police Officers with respect to their observat�ons of the operations regard�ng the Frontier Club as it relates to their official duty, in the recording of Police reports regarding some of the instances referred to above. It is also my under- standing that there will 6e citizens ava�la6le at the Public Hearing to advise Council of the c�t.izen's knowledge and/or observations regarding ordinance violations at this establishment. JPH/pr .ti _ � ,� PAGE 9 Mr. Hill stated that due to the volume and time constraint, they chose not to go through all the reports. He said we do have w�th us two �uveniles,aqes 15 and 17 that can advise Council of their involvement within the Frontier Club as well as an independent adult witness that will verify their statements. He said to his knowledge their testimoney basically rests on drinking 3.2 beer and intoxtcat�ng liquor within the establishment. Mr. Hill then called upon Brian McLean to tell before the Council wfiat his observa- tions have been, and what he has been permitted to da within the Frontier Club. � Brian McLean said about four or five months ago,he was permitted to go into the Frontier Club quite a few times and drink. He said there has been a lot of fights in there and the owner has not called the police and things af that nature Brian said that he was 17 and lived in Maple Grove. The Public Safety Director asked if he had any particular knowledge that this was the type of location that juveniles could go to for the purpose of consuminq beer. Brian said yes he did. The Public Safety �irector asked if this was common knowledge among his fr�ends, and Brian said that 7t is. The Public Safety Director asked what the purpose was of dr�vinq that distance from Maple Grove to Fridley Brian said probably 6ecause it was the only place they could get in and drink under age. The Public Safety Director asked if at any time the owners of the Frontier Club asked for an I D., and Brian said no The Pu61�c Safet,y D�rector then asked if he was ever in,7ured as a result of beinq in the establishment. � Br�an said yes, quite a few times. He said he had a broken nose, bruises an the face and a couple of broken fingers. The Public Safety Director asked him if he called the police, and Brian said no. He then asked him if the owners called the police and Brian said he did at one time The Pu61ic Safety Director asked Brian �f he drank any intoxicating liquor versus 3.2 beer. Brian said yes he did. The Public Safety Director asl<ed him if he 6rought the intoxicating liquor into the Frontier Club with h�m and he replied yes. The Publtc Safety Director asked if he knew tf the Managemert observed him drinking hard liquor in the establishment and Brian said yes. He asked Brian who the person was that observed him and Brian said it was Mr. Povlitzk� The Public SafPty Director asked tf he knew him personaliy. Brian replied not reaiiy - that he has talked with him a few times, [ � `1 PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 PAGE 1D The Puhlic Safety D�rector asked if Mr� Povlitzki had served h�m beer and Brian said yes. The Putlic Safety Director asked Council if they had any questions. There be�ng none, Mayor Nee thanked Brian for being there, The Public Safety Director asked if Pat McLean was present. He explained that , this is an adult sister of Br�an, whom he believes can substantiate Brian's statement. He asked Ms McLean if that was correct, and did she have anything to add to that. Ms. McLean said that was correct and that she was with Br�an when he was in the Frontier Club drinking. The Puk�lic Safety �irector asked her how old she was and Ms. McLean said she was 19. The Public Safety Director asked her if at any time she saw the owner or employees checking I. D, cards of ,7uveniles. Mc McLean said she knew for a fact they never asked Brian because she saw him come through the door. The Public Safety Director asked if she ever observed any figfits in the establish- ment while she was there, and how many times. Ms. McLean said yes, about six or seven times. The Public Safety Director asked if the Pol�ce were called any of those t�mes. 5he replied only once that she knew of. The Pu61ic Safety Director said he would like to comment to Council that this incident they are referring to at this time, was an official investigation of the Police De- partment. He explained that charges are currently pend�ng against the Frontier Club regarding this particular s�tuation. He said }t happened �n June or July and the City turned it over to the County Attorney because iL appears to involve a gross misdemeanor. They are currently actively pursuing the investigation. He said they have not heard back yet as to what their intent is as far as a gross m�sdemeanor, or , he said, it may come back to the City as a petty misdemeanor. The P;�blic Safety Director said at this time, he would like to call on another juvenile, Greg Brooks. He asked Greg what City he was from and asked him to tell Council what he has observed in the Frontier Club and what he has been permitted to do in there. Greg said he was from Map1e Grove, and about four or five months ago he was in the Frontier Club drinking about two or three times, and he was not asked for an I. D. card. The Public Safety Director asked h�m why he came to Fridley to dr�nk and Greg said because he knew he could drink there. He asked him if he was a friend of Brian McLean's and Greg said that he was. The Public Safety Director then asked Greg if there had been any discussions between he and other friends, and is it common knowledge among the �uveniles that they can drink at the Frontier Club in Fridley. Greg said yes. He asked him about how many would he estimate within Maple Grove, and Greq said about four or five. He asked him if he was familiar with other �uveniles coming over to the Frontier Club and he satd yes. The Public Safety D�rector said for the record he would like to have his age. Greg said he was 15 years old. ' The Public Safety �irector asked Greg if he had ever observed any ftghts in the Frontler Club. Greg said yes. He then asked if there had been any attempt ay management to control the fights, or if the management in any way started the fights. Greg said no on both accounts. The Public Safety Director asked if he had ever been permitted to drink intoxicating liquor in the Front�er Club_ Greg said no, all that he drank was beer. He then asked if he was asked for an I. D. card, and Greg said no. Mayor Nee thanked Greg for coming before the Council. PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 The Public Safety �irector said these were the three people he was aware of. Mayor Nee asked if anyone else wanted to speak. Y � I 1 PAGE 11 A citizen of Fridley who was present addressed the Council an� said he was curivus as to why the people were here from Maple Grove. He explained that he was present for another �ssue, but he was curious as to why they were here giv�ng the�r � testimonv, which he did not necessarily agree with. He said what he sees going on here did not seem right. He asked why they d�d not ask Brian where he got the intoxicating liquor. The Publ�c Safety Director sa�d he thouoht he had covered that, but to be more specific,6ecause of a specific compla�nt from the ,7uveniles parents after they learned that this activity was gotng on and after they verif�ed tt �;hrough the adult daughter. They are concerned about the activit�es of the Club as it is now, serving 3.2 beer to juveniles. He further explained that the drinking of the hard liquor is sort of a secondary �ssue which now puts it as a gross misdemeanor He said he did not wish to comment on this any further at this time since it is under investigation. He further exp1ained tht the juveniles were here on their own volition. Mr Dennis Czeck, 1395 Onandoga said he l�ved one block from the Frontier Club He said he is also here on another issue, 6ut he wanted to say that he has l�ved in the neighborhood since December of 1968 �n a Mobile Home Court, and he has not had any problems with the Frontier Club. He said he has a foster son, 15 years old, who went in there one afternoon to play the pinball machine, and he was not permitted to stay in the Frontier Club He was asked to leave. He said he �ust wanted �t to be on record that he personally has had no trouble with f.he Frontier Club from a neighborhood standpo�nt. Mayor Nee satd it was relevant and thanked Mr. Czeck, and asked Mr. Htll to proceed. � The Public Safety Dtrector then called on Officer Neil Duncan of the Police Depar�- ment, who cat� possibly �ust speak of the general knowledge he has concerning the Frontier Club or any specif�c case he may have to relate. Officer Duncan said he specif�cally wanted to talk about a case that was �nvestiaated by Sgt.Voigt and himself, that occurred in April of this year. He said late one evening, two tndividuals entered the Frontier Club and recogntzed some people at a table whom they had some previous problems anth. They realized they were going to have similar problems when they left the Club, and asked Mr Povlitzki to call the Police, and they would like to have a squad car stand by untll they could safely leave the establishment. 7his was not done. Ne said they would not make a telephone call for the defendants in this particular criminal action. He said they were, in fact, forcibly ejected from the Club and once outside were severly assaulted. 7hey 6oth required extensive medical attention. He explained that the suspects in th�s assault were arrested and brought lnto court. Officer Duncan explained that this was one of several assault problems where they have had no cooperation from the Management of the Frontier Club, and where the Police have been refused to be notifted of a problem or a pending problem within the Clu6. Frances Bennett, 137� - 75th Avenue N.E. said that he lived �ust behrnd the Frontier Club and he has had no qualms with that area. He said the number of cases cited for disturbances, one could go into a6out 85% of the married homes, and find that number since 1963 Councilman Starwalt said that he would like to put things in a l�ttle better context. � He explained that we have reopened the Publtc Nearing and there have been some v?ry strong statements made toward the Council not taking action on this case. It has been dragging along for some time He said as he pointed out, there was a very care- ful attempt from the lawyers representing the case to actually,in his opim on, suppress the relevant material and the fact that the Council must be very careful. We have been told we would be sued whatever we do and so we are attempting, if it seems formal and proper, to try to do what is right and proper for the City of Fridley. He ex- plained that the Frontier Club was in his ward He said he d�d not know the �uveniles would be present and he did not know the nature of their testimon�. He does believe it is relevant, but he does understand why Mr. Bennett has some qualms about it. He further explained that what the Council will ultimately have to do would 6e to say yes or no to this application for a reservation of a liquor license and we want to do the right and proper thing for the City, the owner, and for everyone concerned J`!f� PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 PAGE 12 Mr. Bennett said that he had no prior knowledge of this. He came in for another issue, but it sounded like a railroading to him. Councilman Starwalt said he fully agrees with him, but having sat in on all of the previous meet�ngs, he says, no, it is not a railroading� Mayor Nee said there has been a great deal of tesiimony prior to this hearing, , Mr. Leif Henriksen addressed the Counc�l and said that he has been gotng to the Frontier Club since 1959 and it is a rough place. He commented he did not go in there any more He said two days after the first time he was in there, they �ound a man dead in the trunk. He said that probably the Police knew about this incident. He further remarl:ed that it was not the kind of place to take a lady because one could get bounced around. He said he would like to see the plar_e closed down in Fridley. The Public Safety Director then called upon Mr. Waldemar Olsen to address the Council and tell of his observations of the Frontier Club. Officer Waldemar Olsen said that his first case is a criminal homi�ide which took place in the Front�er SY-eak House, 7373 Central Avenue that there was a shooting in process. Upon his arrival he said he found a man in a booth who had „ust been shot in the abdomen, several excited patrons nearby and a large crowd in the park- �ng lot The man subsequently died in the hospttal about 15 minutes later. He was a bartender at the Frontier Club and had walked over to the Steak House connected to the bar, through the kitchen. Officer Olsen said by the time he arrived, at 2•05 A.M., he walked to the back and into the bar. They were still opene�+ and a few people in the bar at that time The man ihat was accused of shootina the bartender was subsequently convicted of manslaughter. Dfficer Olsen then explained another situation which happened September 9, 1974 at 1:20 A.M. He said he was making routine patrol and he v�ewed a car leaving the , Frontier Club parking lot. He said it was an older car and was draaoing its entire tail pipe and muffler assembly underneath and it was sparking along the roadway. He explained that he stopped the vehicle on Central Avenue and 73rd and found a teenager male who appeared drunk He arrested him for driving while under the influence and took him to the police station where his parents came and got him. Officer Olsen said that the �uveniles statement to him was that he had been drink- ing beer at the Frontier Club in Fridley and he had not been checked for I. � or aae before being served beer. He said he was 17 years old. The �uvenile was sub- sequently convicted of driving under the �nfluence of alcoholic beverages. Mayor Nee said that there was time for further comments if he cared to make any. Officer Olsen said that he has been with the Fridley Police �epartment for nearly ten years and has probably been called to the Frontter Club at least fifty times to break up fights, patch up people, bandage their faces and arms and sometimes bandage up himself. May�,r Nee asked Officer Olsen �f he heard h�m correctly that at 2:�5 A.P1. there were still people in the Frontier Club Officer Olsen said the night of the homicide, after the victim was transported to the hospital, he was making a routine investigatton and trying to find witnesses, P;e e�alked around the back and did find some people st�ll there. Mayor Nee asked Officer if the Frontier Restaurant was part of Mr. Povlitzkt's , operation. Officer Olsen sa�d that it chanqes from time to time. He said at that t�me, it was connected and it was open, and he bel�eved Mr. Povlitzki was the owner, but that he was not absolutely certain. He explained that he had managers in there from time to time, but he presumed Mr. Povlitzki was the owner. He said on the m ght of the homicide, Mr. Povlitzki and his wife were in Nashville, Tennessee. He was not there I� 1 � PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 � r n l i � PAGE 13 The Public Safety Director then called upon Sgt �ames Sprungman and said that Sgt. Sprungman will generally speak of his exper�ences at the Frontier Club, 6ut he would also like for him to speak about the issue of delivPrrnq the not�ce. Sgt. Sprungman said that he delivered the notice 6y hand, in the absence of Mr. and Mrs. Povlitzki, to the mother of Mrs. Povlitzki, who apparently wi�s taking care of the children on ihat date. She assured me she would give it to Mr & Mrs. Povlitzki when they returned from Detroit takes where they were vis�ting. Apparently, he said, they are operat�ng a business there. 5gt. Sprungman stated that he has been working for the Police Department as a supervisor and officer for approximately 12 1/2 years. In that time, he er.plained, he has been to the Frontier Club on official business approximately th�rty times and probably several hundred times on personal walk through's and inspection of the premises. The reactions to the walk through's and inspection, as he said he sees his duty as a police officer, have been hostility, continuina non-cooperation, indifference and non-concern. He said that he believed that there was never one time when the owner or the managers had cooperated with him in his endeavor to check the premises. Sgt. Sprungman said he thought he could speak for the officers working for him and for himself, to say that the front�er Club has been a continuing eye-sore and a 61ot in the name of the City. He said he has personally been involved in several arrests there for late operation. One �nstance they were open at 1•24, another one past 1 30 A.M. He said he had personally 6een assaulted twice in the Frontier Club by patrons resulting in arrests. He said he was not tn�ured personally, bu± several officers who worked for him had been hurt by attempting to stop disturbances. He said his personal feeling of the frontier Club is that it is by far the worse operation in the City and it has achieved a degree of notoriei_y �n the entire nortiheast area. The Public Safety Di�°ector asked P1r. Sprungman if he had any spec�fic cases to report. Sgt. Spru�gman explained that some of them were of a personal nature whlch he does not feel entirely relevant before the Council at this time, in connection with issu�ng a license He said other officers have been �nvolved w�th assaults that have taken place in the Club. He further explained that in one instance, at 1•24 A.M., they were called. Mr. Povlitzki had a group playing for him and the question of monitary compensation came up. The gentlemen involved were from out of State, and the Owner-P'anager, Mr. Povlitzki had sei2ed their instruments and refused to pay them for the eventngs playing. The result of it all was that there was an assault, the Owner tried to bodily throw the musicians out and reta�n their instru- ments. Subsequently, the�°e was a law suit and several assault charges filed, which were later dropped. Sgt. Sprungman said it has been his experience thai the enter- tainers have not always received their money and �n th�s case, they were threatened to drop the charges that they had placed against the Owner-Manager. Mayor Nee asked if he nieant they were intimidated, and Sgt. Sprungman said yes, The Public Safety Director said they did not have any other police officers present at the time. He said there are many others on the street that could attest to what they have observed at the Frontier Club, but he d�d not know how much fiarther the Council wanted to go with ihe testimonies He sa�d that l�eutenant Howard Rick was present and could discuss any of the l22 cases he has read and summar�zed, 6ut basically the thought they would be specific summ�ries and general romments that have been made Mayor Nee thanked Mr. Hill. Mrs. Helen Truenfelds said that she would like te make a comment She said she has never been in the Frontier Club, but last Saturaday m ght she was or a ride along program with a police officer and they received a call to go to the Frontier Club at closing time that there was a distur6ance �n the parktng lot. She said by the time they got there, there were four other squad cars there, plus a squad car from Spring Lake Park, all for the disturbance call. She explained that she �ust wanted to bring things up to date. She said she felt quite sad because another call came through for asslstance and nobody was available to answer �t, so it does cause some problems. - r � j z PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 Mayor Nee asked the Publ�c Safety Director �f he had any information on boot- legging in that area. The P�Ablic S�fety D�rector said no, not in an official case summary. We have undocumented allocations. No off�cial case summary or factual data on this PAGE 14 The City Attorney said if there were no further comments by the Pol�ce Department he would then ask Mr. Sobiech to comment on an earlier agreement that was entered ' into between the proprietors of the Frontier Club and the City, wherein the Owners of the Club had, in return for building permits, agreed to do certain improvements, some of ti�;hich were not done at this time. The City Attorney said he would also like to add that the records should show that the Counc�l has received in the consideration of this application, infiormation from the Planning Commission and the Appeals Commission when they have considered questions of rezoning, and that tnformation is officially before the Council. In addition, Mr. Sobiech has prepared an opinion as the Zoning Administrator, that the present zoning did not permit an on-sale liquor license. I believe that memorandum or opinion has been submitted to the Council, he said, and asked Mr. Sobiech if that was correct. Mr. Dick Sobiech said that was correct. That opinion regarding the extension of a legal non-conforminq use was submitted with a recommendation from the Appeals Commission. The City Attorney said he would like for the record to show that Council has re- cetved that previously. Mr. Sobtech said basically, the Agreement consisted of a mutual promise by the City to grant a building permit for remodeling to the premises in return for certain considerations 6y the owners of the Front�er Club, Mr. Povlitzki. At that time, on March 21, 1969, it was agreed that Mr. Povlitzk� would landscape, blacktop, curb � and fence certain areas on the premises as shown on Exhibit A, which is attached to the Agreement. This Exhibit indicates the extent of the construction improvements on curbing and fence �nstallation, together with removal of storage shed To date, the items that have been completed have been the fencing, which have been �n the state of disrepair. The front 6ay parking lot was blacktopped and the storage building was removed. The items that were not completed according to the Agreement signed and the Exhi6it attached to the Agreement, were the curbing that was supposed to be installed on the front, rear and side of the premises and the actual sodding to the extent shown on the Exhihit, the blacktopping on the rear park�r� d�signation for park�ng stalls. Mayor Nee asked if there were any comments by the Administration. The City Attorney said he believed that comple�es the information that Admim stration has unless the City Manager has any additional comments. The City Manager sa�d basically this is the material we have for the Council's consideration and that this completes what we intend to present. Councilman Starwalt said he would like to comment. He said he would like for Council to relate the pre-requisites for a l�quor license including the new State law, the food versus liquor, and hcw we originally got into this situation. He said that he belteved it was relative. The City Attorney sa�d originally, th� State Statute was interpreted to require ' the restaurants to have 50% or more of their income from the sale of food as opposed to the sale of alcoholic beveraqes The City of Fridley, in adopting it's Ordinance, included similar prov�sions. After that, the Legislature did amend their Or��inance to lessen the requ�rements and the City Council has been considering whether the City Ordinance should be amended to require a percentage, but possibly less than 50%. � A PUBLIC HEARING OF NOVEMBER 10, 1975 Lrrl PAGE 15 Councilman Starwalt said if he could continue, at the original hearing there was strong feelings by himself and other members of the Council that we must hold to the restaurant concept of licensing establishments, ie• Shorewood Lounge, Sandy's, Ground Round, and George's in Fridley. He said he believed that was the extent at this time, but that they are fully established restaurants with suitable kitchens which adhere to the seating requirements. The Frontier Club is in no way a restaurant esta6lishment and when the owner presented his case he said he could meet the requ�rements if the others are meeting it. That was not a 9ood enough answer for me. At one time he said he had purchased some equipment for the kitchen, meeting the requirements. Councilman Starwalt said to his knowledge the complete plans for the kitchen have not been submitted to the Council at thts time. Councilman Starwalt said he would also like to mention that Mr. Povlitzk� had sa�d in rather strong language that he was very rnuch in disfavor with the way the City was being run, and that he was going to leave the City at the earliest opportunity due to Police harrasement at his establishment. "lso, during the hearing there were no persons that came forward indicating that they vaere in favor of this nor anyone coming forward disapprovtng, or who were not in favor of it. In a very careful check of the neighborhood, I was told by people not in favor oi issuing a liquor license to the Frontter Club, that they were afraid to come before the Council and say this. Councilman Starwalt said they did not use the word intimidate, but he felt perhaps this was the case. He said he represents the people of the Ward, and the people of the City. He would have to do what he thinks is right and proper Councilman Starwalt further added that we attempted to skirt some of the testimony that was put here, not intentionally, but the way it was presented through legal council for the Owner, and we ended up actually closing the Public Hearing when it was incomplete. He said this time T am trying to make sure that when it is closed, that it is complete and proper. A v�sitor attending the meeting asked Councilman Starwalt who he spoke to in the neighborhood. He said no one came to his house. Councilman Starwalt said he would not disclase of anv names. He did not contact all of the people, but he did contact quite a few. This gentlemen replied that perhaps he felt like the other gentlemen, that perhaps Mr. Povlitzk� was being railroaded, and that he never had any problems wtth the Frontier Club He said he was also wondering if a liquor license would up-grade the Frontier Club, but he said it d7d not make any differerice to him one way or the other. Mr. Leif Henriksen asked how many laws does a person have to break before the City takes his ltcense. He satd there has been two deaths in the establishment, and some of the bartenders are sitting in Stillwater now. He remarked he dtd not think it was fair to all of the fine re�taurants in Fridley He has children growing up in Fridley and has esta6l�shed a home tn Fridley and he does not like to see hoods being brought in from out of 5tate for bartenders or bouncers who shoot at people, and that has happened, two people were k�lled. Mayor Nee stated that probably one of the problems is having witnesses that collapsed on us We would get a complaint and then the witness decides he does not want to testify. The City Attorney stated that there is a relatively new Statute that was adopted by the last two Legislatures that say indtviduals with previous convictions could , not be constdered by the Muntcipality of determining whether a ltcense can be granted. He said he would be the first to say it is difficult to interpret this Statute and that there has been some court cases that have interpreted it although there is disagreement as to what it means. He said he has discussed this matter with both the Attorney and Attorney's general staff who specialtzes in Municipal Affalrs, together with the legal counc�l for the League of ffiinnesota Municipalit�es. They have both advised me that the records of the Poltce Department as it relates to previous activities in the establishment can be considered by the Council in determining whether or not the license should be granted I discussed this with Mr. Hill and we felt rather than to introduce the Poiice reports, as such, we would prefer to have the officers give firsi hand knowledge. However, there is a Supreme Court case that says Police documentation can be cons�dered I would � r:�� PUBLIC HEARING MEETING OF NO��EMBER 10, 1975 PAGE 16 suggest to Council that they consider the testimoney of the juveniles and the adult here before us this evening, the reports of the Police Officers and take into consideration the recommendat�on made by the Public Safety Director. A visitor asked if the Owner of the Frontier Club was putting forth any effort for his establishment to become a restaurant. Mayor Nee said he did not know of any effort in ihat direciion. The visitor stated �.hat according to the Ordinance, he would have to have a restaurant in order to obtain a liquor license, and asked Council why they were even constder�ng the license Councilman Breider said he could respond to this. He explained that in th�s case the appl�cant was asking to have a l�cense reserved in his name until all of those part�cular requirements were met, for example, zoning, kitchen improvements, etc , before the license will actually be issued to him. But at this point and time, he is asking for a reservation of a liquor license. The City Attorney said that the license, if it were to be granted, would be sub�ect to all the matters or requirements of the Ordinance. MOTION was made by Councilman Starwalt to close the Pu61ic Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Public Hearing closed at 10:15 P.M. FROPOSED HENRIKSEN PLAT: Mayor Pdee requested to go back to the Public Hearing on the Proposed Henriksen Plat. The Public Works �irector described this next street as being 71z Way - Riverview Terrace to the East (Proposed Henriksen Plat). He explained that at this time, we have a preliminary estimate and have reviewed the area, the cost being in the order of $18 25 per foot. This includes storm sewer construction toqether with improvements in order to try and eliminate the impact and provide access to R�verview Terrace He further explained that with the storm sewer incorporated into the plan we can mi m mize the tmpact and not have quite the cut or any cut through the a6utting properties that presently exist ad�acent to Riverview Terrace. We will follow the existing contour of the terraine in the area and the basic width of the street would be 25 feet back to back. There would be concrete curbs and gutter, bitiminous mat. The cost is hi9her than the other streets basically because of the request of the storm sewer consideration. Mayor Nee asked if the storm sewer was considered in the $18.25, and the Public Works Director said yes, that this storm sewer is a result to the fact that we try to construct the streets at the grades that presently exist. Mr Novak, 145 - 71z Way, Lot 34, said that at the estimated costs he could not afford this. The total amount comes to approximately $15,000 for the street alone. This is based on $6,845.09 on three lots, which he contends he does not have. He said �ust for taxes and assessments, if taxes do not go up any more, about $300.00 if he would not sell the lot. There was considerable discussion between Mr, and Mrs. Novak and the City Assessor and the Council pertai m ng to the possible division of the lots and which way they could face and the total square footage Mrs. Novak said she had another question and asked if they would be charged aqain for storm sewers. The Public Works Director explained that in the proposal we are going to supply utilities and storm sewer outlet for this area. Mr. Smallwood, 7180 East River Road asked who would be paying for Sectton 30, as it is school property Mayor Nee explained that it is presently proposed to bill the school building� Mr. Jim Hedron would probably like to comment on whether it is usable to h�m. ' 1 C_I PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 Mr. Hedron sa�d his feelings were that the school board would agree with Mr. Henriksen. He said his ftrst question would be does the $18,00 include storm sewer. The Public Works Director said the $1II.00 includes storm sewer that will be installed in the street itself to follow the terra�ne to allow the water to enter into the existing storm sewer. ' Mr. Hedron said they have already paid the storm sewer assessments <'"9 C) 1 PAGE 17 The Public Works Dtrector explained that in thts case he did not believe the school would be benefiting from the storm sewer that much. The ma�ority of people benefiting from the storm sewer will be paying for it. The storm sewer that will be constructed and will be tnstalled approxima�ely at this location would provide out-fall for the water from the area. Mr Hedron asked what was the rationale for charging the front foot for the storm sewer construction. The Publtc Works Director explained that if there was not a street improvement there would not be a need for a storm sewer and approxtmately $3.00 per lineal foot could be subtracted from the $18 75 if the storm sewer costs were included in that street improvement. Mr Nedron also commented on the cul de sac. He was under the impression a± the last meeting that there would be a street almost to East River Road. He said now it appears that the cul de sac would be at the side of the back stop at the play- ground. The Public Works Director said they were trying to serve the easterly property that needs an outlet from this area. It was felt that this property owner on � lot 32 had the potential of developing his property or splitting this property at which time he would access one way out East River Road. Mr. Hedron said he would like to rem�nd the Council that the Board of Education did express a sp�rit of cooperation, but tn view of what he sees, he thinks they will Feel that this spirit is in �eapordy It would have to be up to the Board of Education to make the decision. Gordon Sangster commented that Lot 3, Block 1, and tne ]ot immediately to the south, Mr. Dahlquist's and Mr. Novak's property, and I am sure the school property, were included in the storm sewer assessment a few years ago that provided the outfall to the river from the area you indicated it is going to, You say that the rationale for this vaas, if the street were cut down so that the water could normally drain, tnere would not be a need for this, consequently, there would not be an assessment against this property. I thought one of the reasons why �ae were taking the road that way was because there would b� a public safety problem to take it to the River Road Therefore, public safety on one hand dictated gotng to Riverview Terrace for safety reasons, then put in a retaining wall which I think is equally a safety problem. He said he questions whether any of these properties that have already paid for the storm sewer assessments should take it because of public policy that provides a road on grade, which I feel is a safety hazard regardless of how you look at it. Mr. Sangster continued to say, secondly, as far as access to East River Road there is a much cheaper way of handling this property, which was suggested five � years ago, to run the road to East River Road with total access to the area. It could be shut off at Lot 34 and still provide necessary vehicle access to the school. A sidewalk could be run down the middle of that easement in such a manner that it could drain that area on grade and could be done so that you would not have to put in a retaintng wall. He said it could be well terraced to the back and provide good drainage and could eliminate the storm sewer through the area ;�n <<��� PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 PAGE 18 Mr. Sangster said as a property owner on Riverview Terrace, one of the advantages we m�ght have by putting the road the way you indicated is that River Road would be shut off. If that were left open, I could visualize many cars casually comtng off the River Road doing one of two things. Coming back over school property or �ust opening it up and coming straight through. I think if you are going to ' put a road out to Riverview Terrace, it should be sealed on the River Road side, or sealed in some manner from Lot 34 so that vehicles could not come down the sidewalk He said he feels there are other alternatives we have not fully explored. The Pub?ic W�rks Director responded that Mr. Sangster is right that we cannot tie directly into East River Road, so we would still have to have either the on-grade drainage to the west, or the installation of the storm sewer system. However, he said, we were instructed to proceed with the improvement to East River Road based on the fact that the County ob,7ects to any additional intersections onto East River F:oad. We have a signal now at 71st which we feel is adequate in this area. The Public Works Director said the other comment regarding the storm sewer do��n through these properties, the property owners have been contacted and at this point have no ob,7ection to the storm sewer coming down through their property. It ts true we would be on the school property here and at this point, in order to prepare the preliminary estimate, we went through the normal routine of preparing costs with the idea that final costs would have to be agreed to and arranged for. Councilman Breider said he still finds it hard to envision assessing one property owner $15,000, that is unreal. The City Manager said that is the normal assessment. Each lot is paying $5,000 per lot. , Councilman Breider said this is true, but he is really saying it is especially hard for this gentlemen. He is not ready to chop up his lot into 3 lots, and assess $15,000. Most of these people could not last as long as it takes a tax forfeit The C�ty Manager stated he realizes it is a difficult piece of property. It is not a normal situation If it were choice property at the beginning, we would not have this problem. The City has tried to improve this property three times. No one says it is an easy property to develop. We are just trying to give you some figures No one is saying we should develop the property We are brin9ing in the facts that show we are trying to get by at a minimum cost. As far as the drainage is concerned, by providing a pipe system it substantially reduces the necessity of regrading this property following the existing terraine, is the maximum amount of savtng of costs in gradinq. There is no question it is a difficult piece of property ta develop. Counc�lman Breider asked what other alternatives do we have. The City Manager explained that the problem �s not the road, it is the drainage. The school property has water which comes off this urdeveloped property onto their property. Once you allow the developer to put up homes, then the drainage will decrease. Such things are attempted like sinking holes, but once you develop property you have to take care of the drainage. Mr. Henriksen asked how much that piece of land is going to cost him, to add it � up and tell him in one lump sum. The City Assessor said it would cost $41,000 for eight lots. Mr. Henriksen said it would never be feas�ble. The City Manager explained that this is a normal assessment. Everybody is paying for water, sanitary sewer, storm sewer and street between $4,000 to $5,000 per lot in any plat. We w�ll be the first to admit that it is a difficult property and that is why the costs are high PUBLIC HEARING MEETING aF NOVEMBER 10, 1975 1 r, , PAGE 19 Mr. Henriksen asked how they are gotng to pay taxes on a difficult piece of property. I believe, he sa�d, that it is foolish fer the C�ty. You could come up with a better plan than that He further commented that he could put �t in $40,OOD cheaper, that he has done more research than the City. Counciiman Starwalt asked Mr. Henriksen if he has done more research than the � City, why did he purchase the property in the first piace Mr. Henriksen said it was because he got a good buy on it. He could turn arourid and sell it now and make a small amount of profit on it He added that the cost of the lots are too h�gh, and that no young couple could afford them and the people who could are not interested in those lots. Councilman Starwalt stated that if Mr. Ffenrikser has a better plan, why does'nt he submit a better plan. Mayor Nee asked Mr. Henr�ksen �s he would give us a price on th�s construction Offer us a fair price. Mr. Henriksen said yes he would, but that he has not estimated it all the way out yet. The City Manager sa�d �f Mr. Henr�ksen feels that he can bid on this pro�ect, and give us 40% cheaper price, we would give it to M m. He explained that by law we have to g�ve the bid to the lowest bidder. The City Manager reminded Mr. Henriksen that he must realize there are easements to acquire and there is some additional cost of improvements �ust for access. Mr. Henriksen sa�d he would sugges� �ust putting in a paved road and forgetting about all these storm sewers. We have never worried about it before. People would have a more valuable property and we could sell the property instead of � present�ng them with a$15,000 bill. He asked if the City would be interested �n buying the property from him. Mayor Nee rem�nded Mr Henr�kser, that this was a Public Hearing, and they could not get into that question. Mr. San9ster addressed the Council and said he thinks this should be settled once and for all. I hear this assessment for the eight lots in question and I think the real question is whether the individual property owners are going to pay to help develop these other lots. Th1s �s the real question The pro�ect serves no purpose for us. I am will�ng to pay my share, but I do not think $5,OD0 a lot is a reasonable development cost. Councilman Starwalt said we want to be able to settle this question tonight, I would like to point out that land values are increastng faster than construction costs. The Gity Manager sa�d he thinks the point is if you are 9oing to put �n services, you are gotng to service these people. Another point is the majority of people are w� 11 rng to pay thei r share. Mayor Nee said he felt it would have to be figured out as far as costs. It seems to him as though it could be done. He asked if anyone was in favor of the paving project. � Mr. Don Wilson, Lot 30 and 31 said that he has seen th�s k�cked around for approximately nine years. You never have been able to do anything with it yet. He said he would like to see it developed and at the same time put in a decent road. I do not approve of an access to East River Road because it is too dangerous. Mr. Novak said he ,7ust wanted to say that he has been here for nineteen years. He is not about to start paying $15,000 when he only has one year left to finish paying for his property. 1 r, �� PUBLIC HEARING MEETING OF NOVEMBER 10z 1975 MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Starwalt Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Pvblic Hearing closed at 11:19 P,M� The City Manager said he bel7eves a point to be made for clos�ng the hearing �s that we have given notice to everybody, and if the cul de sac is extended some of these people w�ll 6e assessed also. They should be aware of this addttional cost PUBLIC HEARING ON IMPROVEMENT• SANITARY SEWER, WATER AND STORM SEWER #119 PAGE 20 The Public Works Director described this split is an extension of the sanitary sewer system, extending to the east to serve all the properties adjacent and surrounding the proposed plat The estimated cost to extend sanitary sewers �s �'13.00 per lineal foot. We should be serving properties abuttin9 East River Road. Councilman Breider asked if he could define $13.00 per l�neal foot. The Public Works Director said this is as it relates to the property, charged on a normal front footage. This would include extending these facilities and proceeding to the north and east and tie into the extension of the water fac�lity. It would be �13.99 per foot and applied against those properties. Mayor Nee commented that it would then be a total of $28.00. Councilman Breider said we have $13.99 for water and $13.99 for sewer, that would be $28.00 plus $18.00 - totaling $46 DO per foot. The Public Works Director explained that $46.00 per foot does not include storm sewer tie into existing storm sewer facilities at Rtverview Terrace. The City Assessor said when we a�ve the figure of $41,000, doesr�'t that include everything, water, sewer, storm sewer and street improvements in the eight lots. The Public Works Director said that was correct. He added that there would be 14 or 15 lots. A resident (Lot 32) said that he has been thinking about splitting the lots. The Public 4dorks D�rectoi° said that if in the future he would like to split, depend- �ng on when he cl�cides to do this, the storm sewer can be extended. You would be assessed the ��n dth of the lot, and you would have to pick up this expense. Mr �an Harvieur, 7210 East River Road said when he purchased his property he called the C�ty and they said they could install sewer and could go underneath East River Road and hook up. The City Manager said that may be true, you could be hooked up onto the sewer, 6ut still be charged what a normal lot cost is. Mr. Harvieur said that the City would atd in getting a reduction for the in- conve m ence of going under the street. The City Manager explained that his costs would 6e the same regardless which way they go. Councilman Fitzpatrick added that the assessment would be on an 80 foot lot regardless of how it is hooked up. The City Manager explained that if we do something, �ae should have an established plan. Set a pattern and stick to that even if we do not want to do �he entire pro,7ect next year, we should work towards it. The point is we shou1d find out from the developer whether he wants it or not. It would actually be favorable for him If he does not want it, the City does not. Mr. Henriksen came up with a figure of $42,000. , � ' � � 1 PUBLIC NEARING MEETING OF NOVEMBER 10, 1975 1 `? � PAGE 21 Mr. Henriksen said he would not exceed $42,000 He explaTned that he would `nave to pay sewer charges to the C�ty for hook up and adding on a park fee wauld be $5,000 more. He said he would go along with $41,000. Anything over that, we may as well close the case. Councilman Starwalt satd you are saying no then, because it could not be done for $41,000. Mr. Henriksen said he cannot pay $50,000 cash The C�ty Manager advised Mr. Henriksen that he has a choice of putting it on an assessment, but Mr. Henrtksen said he could not afford to pay 72% interest on top of the $41,000, It would not be feasible for him to go any further. Mr. Gordon Sangster said he would 1ike to speak for Mr. Novak's three lots, He explained that the pro6lem in that area of splitting into three lots is that it is against the general planning of the area to do this The storm sewer assessment is kind of a subsidy of the builder. We have already paid storm sewer assessments He said in no way does it come 6ack on this proposed road. Mr. Henriksen sa�d he would like to have accurate figures before he could say yes The City Manager said $45,000 plus $2,400 park fees, $2,400 sewer costs Is that acceptable. He said if not, they should not be talking to other property owners Mr. Henriksen said he would go along with $45,000 but he would not go along with any surprises after that. The City Manager said if it is any higher than that we would check with him 6efore going on with the pro,7ect. Mr. Henriksen said he would like it to qo on record that if it exceeds $45,000 he would like another meeting. Mayor Nee said he believed we had all of the tnformatton desired, and asked for a motion to close the Public Hearing. MOTION 6y Councilman Fitzpatrick to close the Public Hearin9 Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor N2e declared the motion carried una m mously, and the Public Hearing was closed at 11•50 P.M RECESS: Mayor Nee called a recess at 11:51 P.M. RECONVENED: Mayor Nee reconvened the meeting at 12:08 A M. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST: ZONING ORDINANCE AMEN�MENT ZOA #75-05 - BY ROBERT OLMSTEAD TO REZONE FROM C-1S TO R-2 GENERALLY LOCATE� AT FIRESIDE DRIVE AND CENTRAL A�E��UE: The Public Works Director described this as a request to rezone from C-1S to R-2, two-family dwelling areas, and it should be pointed out that the Planning Commission recommended to Council approval of the rezoning with the stipulation that the old piano store located on Parcel 920 6e removed before the second hearing of the Ordinance or this rezoning. Mr. Olmstead said that he had brought a buyer with him, and that the sale was contingent upon the rezoning He explained that it was presented as all of the property going to R-2. The Public Works Director explained that there is a lot split pending, and that this ts depending on the zoning request He sa�d the City has not yet approved the lot split. Mr. Olmstead said the lot split is �ust actually to take care of the legal description, and to describe it correctly once and for all. � �ot� PUBLIC HEARING MEETING OF N011EP16ER 10, 1975 PAGE 22 Mayor Nee asked if this proposal is based on three doubles, and Mr. Olmstead that is right one of which has been sold contingent upon Council"s action. He said he had a purchase agreement. Mr. Olmstead presented a rhotograph of the home and said it would loak like one enttre home. The City Manager asked what price range would the home be in, and Mr. Olmstead said approximately $53,000 He further explained that he felt it would be a nice addition to the neighborhood. It will have a common driveway, 3-car garage, one double door and one single door. Mr. Mike Jolma, 1380 75th Avenue said he lived �ust North of the lot they would like to build on and he feels it would run down the neighborhood, having a multiple dwelling home for $53,000, for that footage. He said when he moved �n he had checked with the Planning Commission and they said it would always be a single family dwelling zoning. He said he dtd not sign the petition, but he would still like to. Mr. Francis Bennett, 1370 75th Avenue N.E. said he did sign the petition and that he concurs with the s�ngle family dwelling as it would be more appropriate in that area. Mayor Nee asked Mr. Bennett if he was at the Planning Commission meeting� He said the petition before us is not to go to R-1, we do not have a choice. f�r. Bennett said he would rather see it left zoned the way it is in the event someone would develop it as an R-1 single dwelling. The P�k•lic Works Dtrector said at this time, there ts the option of qoing to R-2. We fe3t that would serve as a buffer in the area. Mr. Bennett asked what could be built on the lot, and there was considerable discussion concerning the fact that an office warehouse could be built on the lot, and description of its uses. Mr. Bennett said that other persons in the neighborhood are concerned with the duplexes in that they could become run down. Councilman Starwalt said that no buildings are constructed with the idea that it will become run down, but at the same time the Council could not guarantee this. Mr. Bennett said he did like the plans better than most he has seen. Mayor Nee asked what his c�pinion would be as to the reaction of the petitioners if the eastern lot would go R-1 and the other two going R-2. Mr. Olmstead said that woi�ld be difficult as they have a signed purchase agreement on that particular lot. Mayor Nee said that he noticed in the minutes someone suggested the neighbors buy the land and have it rezoned. That is always possible. Mr. Bennett said he would have to go along with the other neighbors. Councilman Starwalt said he fully agrees with this, but for him to not overlook the fact that the owner of the property has the right to develo� their property. Mr Bennett said he went along with that 100%, there was a misunderstand�ng on his part by thinking it was zoned R-1. Councilman Starwalt satd he tried to listen to all of the ob�ections, but he cannot respond unless they are valid. Councilman Starwalt said that he had talked with Mr. Hagen and he understands the ramifications while he does not like to see it either. R-2 would be better than developing C1S He said he would like to have multiple dwellings rather than C1S. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public lieartng closed at 12:40 A.M. � 1 1 � � � PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 PUBLIC HEARING ON REZONING REOUEST, ZONING ORDINANCE DMENT ZOA �75-04 - MOTION by Councilwoman Kukowski to open the Public Hearing_ Secorided by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearinq opened at 12:42 A.M �r �? •� ;,�' PAGE 23 The Public Works Director explained that this was a request to rezone from M-1 and M-2 to C-2S. He said basically the reason for the request is to have the existing use of the zoning in conformance with the existing use of the property. We have requested possible landscaping improvements and they are in the process of developing and design�ng the landscaptng. The Planning Commtssion recommends approval with the stipulation that a performance bond be set aside for the completion of the landscaping. Mr. Bradley Steinmen, representing Holiday Village, appeared before the Plann�ng Commission and said he would work out a plan with the staff for the landscaping and take their suggestions along with ours and develop a program. Councilman Fitzpatrick asked the Public Works Director if he had received the alan The Public Works Director said yes and basically, they intend to replace low lying shrubs which collected debris and are replac�ng them with trees. They are re- placing the island with maintenance free materials. The City Manager said he assumed they would take a temporary step to clean up the property, and have better control and better maintenance. Mr. Steinman said they had a very good manager and assistant manager and we could be sure 3t would be taken care of. MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Public Hearing was closed at 12�50 A M. PUBLIC HEARING ON SPECIAL USE PERMIT REQUEST SP #75-17, 6Y BREDE, INC., 5401 CENTRAL AVENUE N.E. PUBLIC HEARING ON SPECIAL USE PERMIT REOUEST SP #,75-18, BY BRFDF, INC., 5403 CENTRAL AVENUE N.E. MOTION by Councilwoman Kukowski to open the Public Hearing and waive the second reading. Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Piablic Hearing opened at 12:52 A M. The Public Works Director said that this billboard is located at 5401 Central Avenue. It compl�es with four out of eight criteria. The height of these signs do not comply with the Ordinance. The Planning Commission recommended approval of this request with stipulations as noted on page 16D and E of the agenda. There is also a letter from Mrs. Mary Cooney stating that she u�ould like to see the billboards remain. Mrs. Cooney was present and addressed the Council She explained that when she leased this property it was 6ased on a ten year lease. Mr Brede was issued a Spec�al Use Permit and now they want to cancel it within five years. She wanted to know who would pay this difference She explained that this rent was her means of paying the taxes on the property. Councilman Starwa1t said he understood her feelings, and they are only trying to get the history of the s�gns tontght, they wtll not be mak�ng a decision. Councilman Breider explained that one problem the Council was faced with was that after a certain period of time all billboards had to be rc�noved. That period of ttme was up last Fall or Spring. The Council is trying to react to thts It has been on the books for some time. i i"; i PUBLIC HEARING MEETING OF NOVEMBER 10, 1975 PAGE 24 The City Attorney said he did read that �n determining whether or not a special use permit should be issued, one of the factors to consider is if it meets all of the requirements, ur some of criteria, and if so, how much is standard and what �s the actuale MOTION by Counciluvoman Kukow�ki to close the Public Hearing, Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Publ�c Hearing closed at 1;07 A.M. PUBLIC HEARING ON SPECIAL USE PERMIT REQUEST SP #75-20, BY BREDE, INC 5457 4th STREET, N.E. MOTION by Councilman Breider to open the Public Hearing. Seconded by Council- woman Kukowski. Upon a voire vote, all voting aye, Mayor Nee declare�d the motion carr�ed unam mously and the Public Hear�ng opened at 1:09 A.M. The Public Works Director explained that in this case five areas were not in conformance with the Ordinance. The zoning �s R-3� The Planning Commiss�on recommends approval of the request with 5 stipulat�ons as listed on Page 18 B of the agenda. Mr 0'Bannon said he applied for the permit in 1966 and was to renew it every three years, and that they kept the sign �n good repair. He feels tnformational signs are ,7ust as important to the public as exit signs. They are important to the people on the h�ghwaye Councilman Starwalt asked Mr. Scott what his rationale was for voting no. Mr. Scott said the sign company did not go along with the stipuTations, so again we are faced with the same th7ngs. He said there are other reasons, a whole series of items involved. He said he is not against all s�gns, but he has not seen one yet that complies �dith the Ordinance. He asked how do you say yes for one sign and no on another, and make it stand up in court. One could not handle the ramifications. Some aesthetics is a valid reason for denying use. Some of the rationale is 1- 30 feet from R-1 and 2- In violation of Zo m ng Ordinance. P�r. 0'Bannon explained it could not be 30 feet. He said he owned all of the property MOTION by Councilman Breider to close the Puhlic Hearing. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 1:20 A.M PU6LIC HEARING ON SPECIAL USE PERMIT REQUEST SP #75-19, BY BREDE, INC. 801 HIGHWAY �65 N E. APJ D PUBLIC HEARING ON SPECIAL USE PERMIi REQUEST SP #75-21 BY 6REDE, INC.7568 HWY. #65 M07ION by Councilman Breider to open the Public Hearing. Seconded by Council- woman Kukowski lJpon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unam mously and the Public Hearing opened at 1:22 A.M. The Pi+blic Works Director explained that the Planning Commission recommended approval w�th the stipulations in the Special Use Permit. Mr. Scott explained that the stipulations say we qet rid of this billboard. The second matter was the Ordinance If we wrote an Ordinance law in this City, for whatever reason, unless there �s some kind of reason not to comply with it, we have a problem w�th �t. This does not conform. The courts require five years reasona6le time to bring these billboards in conformity with the law. Councilman Starwalt said that he is having a problem thinking that there has to be a termination date on these signs. Councilman Breider remarked that he did not have a problem, that it did not bother him. He sa�d y�u cannot put up a sign on every corner. He feels the Sprcial Use Perm�t is the route to go, in the event they did become run down, ' � � 1 PUBLIC HEARING MEETING OF NOVEMBER 1f1, 1975 A(7�j PAGE 25 MOTION by Councilman Breider to close the Pu61�c Hearing. 5econded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Plee declared the mot�on carried unanimously and the Public Hearing closed at 1 30 A.M. MOTION by Gouncilman Breider to open up the Public Hearina on the res± of the items for the Specia1 Use Permits. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously, and the Public Hearing opened at 1�31 A.M. PUBLIC HEARING ON SPECIAL USE PERMIT REQUEST SP #75-08, BY �lAEGELE OIJTD�OR nrnrrnTTCrnir rnnnnnnrv. oirn rncT ❑r��co nnnn 7he Public Works Director said the criteria in this case was five out of eight that do not comply with the Ordinance. The Planning Commission recommerded approval of this request with the same st�pulations as listed on paae 7 H in the agenda, with a 3 to 2 vote. Mr. Kraig Lofquist representing Naegele Advertising, said he would like to make several comments on generalities. He said there are important considerations, and that he agrees with Mr. Scott on some matters, and other he does not. He said he it seem� very difflcult to say a person could have three out of nine Special Use Permits, or whatever. First of all, fie sa�d there has been some mention of the Federal and State Commu m cations Acts He said ha cou7d very quickly put them in a nutshell. Part of them, he continued, attempt to eliminate outdoor advertising and others attempt to put them in tne correct zoning. Al1 nine of our applications are legal under both Federal and State law. Mr. Lofquist said he would like to give some very valid reasons for having outdoor signs in the community. � 1. Personal property tax. 2. Land owners have to have some use of commercial property� 3. Outdoor advertising itself, for the businessman is a very economical way to get a message to the public. 1 4. Outdoor advertising does a very good ,7ob of gettinq public service information to the public He further stated that another factor is that they grant empioyment opportunities for the people in our commum ty, and if we take the sigrs down, it would be taking ,7obs away. He said he is applying for nine Special Use Permits, which does not seem like much. They have taken down two signs. Three hillboards to them, he said, mean $5,000 to $6,000 in annual income. If they are bought by the State, you are talktng a6out $10,000 to $12,000 He said these nine signs are very important to their company and they have a good clientel. He said they ma7ntain their signs well, and they woulci like to continue to exist in the City of Fridley. Following was some discussion of the signs on East River Road, concerning the fact that there is no other location �n Fridley to move these signs to. Mayor Nee said he felt that he could not vote on any of the s�qns since he �s in the Advertising business and he would abstain. He said he would like to find a better solution and find another location for these two siqns on East River Road �I PERMIT REQUEST SP #75-09 BY NAEGELE OUTDOOR .t. The Public Works Director explained that this �tem is on page 8- 8 B in the agenda. Two out of eight are non-conforming to the Ordinance. The Planning Commission recommended approval of Special Use Permits with three stipulations as listed on page 8 B of the agenda. He said we have not received any complaints re9arding these btllboards. Mayor Nee asked if there was anyone to speak for or against these signs and there was no response. -� ,-� n i.%4� PUBLIC HEARING MEETING OF NDVEMBER 10, 1975 T 10 BY PAGE 26 The Public Works �irector explained four out of eight of these signs are non� conforminq to the Ordinance. The Planning Commission recommends approval with the four basic stipulations as listed on page 9 C of ihe agenda. Mayor Nee asked if anyone wanted to speak for or against these signs and there was no response. PUBLIC HEARING ON SPECIAL USE PERMIT R ADVERTISING COMPAPlY: 51 HIGHWAY I.694. SP #75-11, BY NAEGELE OUTDOOR The Fuhlic Works Director explained that three out of eight are non-conform9ng to the Ordinance. The Planning Commission recommended approval with the basic four stipulations as l�sted on page 10 A of the agenda Mayor Nee asked if anyone wanted to speak for or against these signs and th�re was no response. PUBLIC HEARING ON S°ECIAL USE PERMIT ADVERTTSTNG COMPANY- 841f1lINIVFRSTiY ELE The Public Works Director explained that two of eight of these signs are non- conformin9 to the Ordinance. The Plam m �g Commission recommended approval of the request with five stipulations as listed on page 12 B of the agenda. Mayor Nee asked �f anyone was for or against these s�gns, and there was no response. PUBLIC HEARING ON SPECIAL USE PERMIT REQUEST SP #75-15 &Y NAEGELE OUTDOOR ADVERTISING COMPANY: 5452 - 7TH STREET. The Public Works Director explained that this was a U-type billboard. In this case, bracing was connected so the entire sign was one structure. It �s tnter- r.;nnected. The Planning Commission recommended approval of these si�ns, by a vote of 1-nay, 1-abstain, and 3- ayes. Mayor Nee asked if anyone was for or against these signs and there was no response, I #75-16 BY NAEGELE OUTDOOR The Public Works Director said four out of eight of these signs were non-conforming to the Ordinance The Planning Commission recommended approval with five stipula- tions as listed on page 15 B of the agenda. Mayor Nee asked is anyone was fc,r or against these signs and there was no response. MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously, and the Public Hearing closed at 2 00 A.M. NEW BUSINES 5 ING STATEMENT OF CANVASS OF NOVEMBER 4, 1975 - GENERAL ELECTION. MOTION by Councilman Breider to receive and concur with the Statement of Canvass of November 4, 1975 - General Election Seconded by Councilman Starwalt. Upon a vo�ce vrte, all vot�ng aye, Mayor Nee declared the motion carried unanimously, and the Public Hearing was closed at 2:02 A.M. , , � PUE3LIC NcA°IF1G PIEGTIPIG OF PJOU�t�R�R ��, 1°75 �TATE�1EIJT OF CF,"�VAS� GEIdEP.AI ELECTI�I�d fr'OVLh13ER 4 � 191:� DECLFIP.ATIOi� OF 2ESULTS THERtOF ( Pa�e 2E It In �cr_nrdlnce wi±h Section 4 03 of tL� Charter ofi the G,ty of Fridley, the � City Council �eclures the results of the 1975 General Clection to be as folloti�s A, �il�e total nuet`•��r of balluts cast was. 1947 blard 1- Precinct 1 � 230 Ward 1- Precinct 2 ^ 548 '.Jard 1 - Precinct 3 —?�9 t�!ard 3- Precinct 1 478 tdard 3- Pr�cinct 2 ^ 134 4lard 3- Prer2nct 3 27S ^ � TOTAL 1947 �, The votes for each candidaie, and the number of defectiv2 and not voted and v�riie-in votes ure as follovrs; COUNCIL�4AN - t-�AR�J I 41 1- P 1 ��! 1- P 2 %1 l- P 3 T 0 T A L Daviu�A. ?f�iele 12 6 5 'L3 Ed Ham2rnik 129 341 lh4 614' ia-�c}: Garai'ia 87 201 128 415 13o c �nted °+ De�ective i�lrite-ir� L'otes l OTN! 6en Ho Ed Fitzpatr�ck �Not Voted "a Defective lJrite-in Votes 70TFlL �a � � � E � 230 S�FC 279 COUiJCIL14APJ - blFlRD III L J 3- P 1 f J 3- P 2 286 61 1 f37_, 71_ 5 �i� 47C 2 � 13�4 C. The follo��ring officers �,tere declared elected. COU'�CILIAAN -- l•lard I- Ed Flar��rni4: CDU'dCIt'�1AN - 4;ARD III - Ed Fitzpair�c4: 4J3-P 3 59 218 1_ _ -0- 27II 4 -C- 1057 TOTFlL _ 406 _ 476 , E� -0- 890 PUBLIC NEARIP7G �1�E"ii"� (�F i�01��"1�3EP� i�7, 1�%5 GENERAL Ei_ECTIO� NOVEf7�3CR �4, 1915 D. The fol1oti�nng is a true copy of the ballot used for Counc�linan 'rlard I: �FFICIAL � . x - � ^� : t � �' � � .� ��1�' �, � � ;�' � CITY O� FRIDLEY Gll �/p �� / �" � � Crty Clerk ANOKA CQUNT'�!, MINNESOTA '�UESDAY, NOVEMBER 4, 'G975 CC3UNC1 LMAN • WARD I Vote for Une. Term Threa (3� Years ED HAMERNIK DAVID A. THIELE NICK GARAFFA Paae 2G 6 � � � I r--, L_ PUE3LIC HEARIf1G F4EEl'I"JG OF ��OVEM6ER 10, 1975 GE�dERAL ELEC, � NOVEPidE2 �}, l'� E. The fol7owing is a true copy of the ballot used for Cowicilman I�larcC , � , OFFIClAL ; �. � „ {.. € . � ;. � . �, ''L� ������ � c.ri o� �������r �� �'f'"�-�"`�?'v`'�.�.�.��� � City Clerk ANCIKA COUN7Y, MINNESOTA TUESDAY, NOVEMBER 4, 7975 COUNCI LMAN - WARD I I I Vote for One. Term Three (3) Years ED FI7ZPATRI"K BEN HO Pa�e �G C PUBLIC HEARIPJG hiEFTING OF �,OVEMBL-R 1C, 1975 GEtJ[RFlL ELECTIOiJ td011E�413EP �4, 1975 F. The ne�r � of the judges of the election are as folloti•1s� blAP,D !_ PRECIP;CT T LJARQ 1- PREGINCT 2 Mar�l� Becf: Nancy ondroche Beit;� _�ald,iin Bett; forster Evel � Podesvria Joar, � Pa;nperin _ 41P,RD 1 m PP.ECIPJCT Ve7ma P�trks Ardella Buss Gloria tvers Rosella Amar Sharon N�ppen Do�•othy Heu1e ARD 3 a PI2ECINCT 2 Pat Dittes Dalene Vallin Alene Johnson Barb Gohman Delares Chr�stenson ? /. ' �� � ` � j � , Z��= ° � co r�czti�r�r� ����� �,,%C�f��'[i�`�'` v %- � � C UiVCILMA�� l !� �j' � � P\\ {\� ?-� x) � � X � � �C-� �Z `��� ,� rn cr�r�AN — ��� �, t CDUi��CILP � � � �� . �,�?�.���-'.-', � Joyce f7cClellan �orothy Houck 5hirley Kohlan Carol Leulers %�lary Sullivan Alice Anderson WARD 3 - PRECIfdCT Yvonne Sprun�maro Plaida Kruger Beity Bonine Connie Samuelson Janet Crego Joan Pal rr�u� st IdARD 3 - PRECINCT 3 Helen Treuenfe7s Jean Johnson Alice 61ake Sharon Reemsta Jean hi�lls Linda Tatley .. Page �6 D � ��� � PUBLIC HEARING MEETING OF NOUEMBER 10, 1975 REPORT BY COUNCILMAN BREIDER AND COUNCI , ,, � ,, PAGE 27 STARWALT REGARDING THE MEETING WITH CONSIDERATION OF CHANGES IN PENSION PLAN FOR POLICE OFFICERS. Councilman Breider reported that he a��d Councilman Starwalt attended a meeting � Thursday evening, November 6, 1975 with the Police Pension Fund Association, some officers and the press - so that it would not be construed as a closed meeting The Investment Program was discussed with changing Investments from Richfield Bank to Marquette Bank. The Investment criteria is a little more conservative than it used to be - more stable. � � The other topic concerned the pro,7ections of the actuary figures These can vary from year to year depending upon increases in salaries and return on Invest- ments in relation to the State law. There are a number of alternative possible: 1. Council changing the program having all the new officers going to P E R.A 2 3 0 New officers, plus four officers who signed an Employment Agreement, going to P.F.R.A. These four officers, plus two off�cers hired in 1973, going to P.E R.A These six, plus any new officers going to P.E R A MOTION by Councilman Fitzpatrick to close the Public Hearinq Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Public Hearing closed at 3 04 A.M F,DJOURNh1ENT: MOTION by Co��ncilman Fitzpatrick to close the Public Hearing Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Nee declared the Public Hearing Meeting of November l0, 1975 closed at 3:05 A.M. �f - �`v'' �' �L � t �� �f � �-.-� Helen Fagin Secretary to the City Council Date Adopted• !� -/-7S� �%i ,�,l�C ���U, ��` ` �/� � W�lliam �. Ne�e Mayor 1':r �, ' , �