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04/05/1976 - 00014856LJ � � THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF NPRIL 5, 1976 The regular meeting of the Fridley City Counc�l was called to order on April 5, 1976, by Mayor Nee at 7 30 P.M. PLEDGE OF ALLEGIANCE. Mayor Nee welcomed those present and invited them to �oin the Counc�l �n the Pledge of Allegiance to the Fla9. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Councilwoman Kukowski, Councilman Starwalt, Counc�lman Hamerm k, Mayor Nee and Counctlman F�tzpatrick None REGULAR MEETING, FEBRUARY 23, 1976 MOTION by Counc�lwoinan Kukowski to adopt the minutes of February 23, 1976, as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETI�G, MARCH 1, 1976: MOTION by Council�oman Kukowski to adopt the nnnutes of the regular i�ieet�ng of March 1, 1976 as submitted. Seconded by Counc�lman Starwalt Upon a vo�ce vote, all voting aye, Mayor Nee dec]ared the motion carr�ed unan�mously. P�BLIC HEARING�MEETING, MARCH 8. 1976 MOTION by Councilman Hamerntk to adopt the minutes of the meeting of March 8, 1976. Seconded by Councilman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carrted unanimously. REGULAR MEETING, MARCH 15. 1976 h10TI0N by Councilman Fitzpatrick to adopt the minutes of th� regular meeting of March 15, 1976 as subm�tted. Seconded by Counctlman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ADOPTION OF AGENDA. Mayor Nee stated the Item 5 regard�ng the Union Oil Company rezoning request would be moved up to Item 1 on the aaenda if there were no ob�ections. MOTION by Counc�lman Hamer m k to adopt the revised Agenda. Seconded by Councilman Starwalt. Upon a voice vote, all vottng aye, Mayor Nee declared the inotion carried unanimously. The Public Works Director said it would be in order to add an item to agenda item number 10 regarding Zander's F�rst Addition The �tem would 6e "Rece�ving the Certification of the Engineer and Accepting the Storm Sewer Involved wtth the Development of the Zander's Ftrst Addit�on Plat " MOTION by Councilman Hamernik to adopt the amended agenda Seconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously. OPEN FORUM. VISITORS. I RESIDENCE: N0. 5- ING,THE CITY OF FRIDLEY TO TAKE PROMPT AND TIRE REPAIR FOR OUTSIDERS AT HIS Mr. Einar Erickson, 631 Dover Street, appeared before the Council and read a pet�tion �_ i REGULAR MEETING OF APRIL 5, 1976 PAGE 2 F�tzpatrick � Councilraan }��f��y��ilf stated that action has been under way by the Ctty. The C�ty � Manager stated that the Council appreciates the concern of the neighbors �n this a matter and realizes tt is a problem He stated that the City �s ut�ltzing all � legal means of trying to eliminate the problem. The party giving rise to the act�on ,� has been in court and has been f�ned A hearing date has been set in June. The 3 C�ty Manager stated that although the City may seem to have a lot of power, it still � must act through the proper legal channels, and the City will conttnue to work on � the problem until it ts solved, and he appreciated the concern be�ng shown �n th�s N matter. 0 -h Mr. Einar Erickson replied that the matter has 6een going on for ten years. There � is an ordinance in Fridley concerm ng ,7unk yards operating without a permit, further, � there is a parking ordinance concerning the City streets and these trucks have been —' parked there every day. He has never moved them �� ° The City Manager replied that the C�ty has made citations in the matter, and the City ,� is going through a legal process on the matter, and althou9h the ,7udge fined the � violator, the v�olator is revert�ng to the same k�nd of violat�ons and those factors will be taken �nto cons�deration. The City Manager sa�d the C�ty is betng sued by the violator �n th�s matter on the basts of harassment. We are using every legal means to take care of this matter. Mr. Einar Erickson stated that the City has a responsib�lity by allowing the open display of ,7unk on the boulevards and streets. The City Manager replied that the Gtty is taking all the legal means �t has to get the problem under control. A member of the audience asked what would happen if the ,7udge didn't react aga�nst him He said that to him it was a,7unk yard, a legal ,7unk yard. He asked tf they would get a tax reduction for ltv7ng in an industrial area. The C�ty Manager replied that if it can 6e proven that the property has been devaluated in that manner, a case could be made for that. � The City Attorney stated that perh�aps the City Managzr or the City Prosecut�ng ' Attorney should notify the people whose names are on the pet�t�on and ask all of them, or at least soine of them, to appear in court when the matter is heard, and th�s would have some weiyht as far as the ,7udge is concerned. Fitzpatrick Councilman W�q����il� queried �f the matter might be investigated on the basis of � conducting a commercial operation in a residenttal area. The City Manager replied `� that there have been several v�olation char9es lodged in the mattern, and the Qp�ctures Mr. Erickson has presented w�ll be of great help to a,7udge. ° The City Attorney suggested that the case m�ght be advanced. There may be violat�ons � of the City code by the conducttng of a commerctal business in a restdential area. � h Mayor Nee called for further comments or quest�ons to be directed to the Counc�l, ° 6ut there was no response 0 �' OLD f3USINESS. � � � ORDINANCE NO 609 - l ORDINANCE AP1ENDMENT �� TO REZONE FROM C-1S � AND �o CONSIDERATION OF SPE n HFICKMANN AVENUE N.E. ION OF AN ORDINANCE FOR REZONIIVG REQUEST, ZONING . BY UNION OIL COMPANY. 5695 HACKMANN A�ENUE N.E. SP #75-28, UNION OIL COMPANY, 5695 vrrr rTnTrnei The Public Works Director sa�d this was a request to rezone a parcel in the south- east corner of Old Central Avenue and Hathaway Lane because of the existence of a service stat�on in that area. At the present time the use of the property is not cons�stent with the C-1S zoning, and the request is to change it to C-2. On �ts first read�ng there were basically no ob,7ections. There was some ob,7ect�on based on the potential use of the property The City now has the easements and the stipulat�ons in that regard have been met. The Public Works Director stated that he recomanends the ordinance be adopted and publ�cation ordered. The Public Works �irector said that with respect to the Special Use Permit, the Planntng Comrm ssion recommended approval of �t at its Decem6er 3, 1975 meeting with three stipulations The fi rst stipulatton is that the Special Use Permit be sub,7ect to an annual review to insure that the 6usiness was betng operated �n a clean, neat and orderly manner. The second stipulation was that withtn a two year � REGULAR MEETING OF APRIL 5, 1976 � PAGE 3 period the operation of the bus�ness be upgraded through remodel�ng of the grounds or the remodeling of the structure The third st�pulat�on �s that when a building permit �s issued the Special Use Permit be reviewed to insure the operat�on of the business is satisfactory. The Public Works �trector stated that the petitioner has agreed to these stipulations, and we feel it is in order to approve the Special Use permit and Mr Hubbard �s present. � MOTION by Councilman Starwalt to adopt Drdinance No 609 on second reading, waive the reading, and order publication. Seconded by Counc�lwoman Kukowski Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unan�mously. MOTION by Counclman Starwalt to approve the Special Use Perm�t. Seconded by Council- man Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unantmously. CONSI�ERATION OF AWARD OF CONTRACT FOR SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT NO 119 TABLED MARCH 15, 1976 : The City Manager stated there was a problem of assessments on certa�n properties, a quest�on on the street assessments. The people along the Riverv�ew Terrace felt that the beneftts were not there, that the property was not rece�v�ng any benefits by the improvements. We have prepared a proposal wh�ch bas�cally �s based on front yard bas�s. There are no side yard assessments proposed in this proposal. We want to emphasize that this is a devtation from the normal pol�cy If the Counc�l feels that because of the spec�a7 nature of the property that special cons�deratton be g�ven, then the front yard assessment only proposal can be considered by them We have signed agreements from Mr Hendrickson, Mr Novak, and School Distr�ct 14, and a petition from all of the remaining property owners. A member of the aud�ence inquired why her assessment was $2,000 more than ant�c�pated, � and the Ctty Mananer ?xp7ained that the assessments were the same for the same �mprovements of the others tn the area, for the same type and range of improvements, and he went on to explain her assessments in relation to the others in her area that were getting the same improvements. Mayor Nee inquired if there are any real ob,7ect�ons to this Councilman Hamernik replied that we have a signed petition or an agreement by every ind�vidual involved tn the assessment on this basis, and unless there is a reconsideration on the part of anybody here, and we have tnat agreement. Mayor Nee asked that before the Counc�l proceeds if they wanted to make a commitment for using th�s as a format for the pro,7ect? Counc�lman Hamernik said that he thought the formula had been worked out and that it had been agreed to by the people involved. Fitzpa rick � Councilman bldth@1"�ik said that we have 6een through this many, many t�mes, and we � have reached the point where the people directly involved m the construction have a agreed that they are the beneficiar�es of the pro�ect, and that he certainly d�dn't a mean to have reservations on the agreement. � `� Councilman Starwalt said he recognized that they wanted the pro,7ect, but he is not � sure that they would agree that they are the total beneficiaries. � � ; The City Manager stated thts has been a diff�cult pro�ect and it has been brought '^ before the C�ty not only this year but in previous years. He sa�d that some of the �° questions 6eing dtscussed now have been discussed numerous t�mes before. The City � Manager further stated we have an agreement with the school district where we feel �� the school district ts paying a fa�r share of the cost of the program even though � t hey feel t hey are not ge t t�ng any improvemen ts. ;° The Public Works Director stated that the school d�strict was not in favor of the � pro,7ect, but they have cooperated during this whole t�me and they have indicated ° that s�nce we have the resolution that everyth�ng �s fine. rn Various members of the audience asked questions a6out the front footage, costs, road access, and why some of the assessments were different, and on what basis they were calculated d�fferently. Mayor Nee replied that they are using the shortest side of your lot for calculations, that it is the formula. REGULAR MEETING OF APRIL 5, 1976 PAGE 4 F�tzpatrick � MOTION by �ounc�lman_�������� that the formula be adopted for the pro�ect and that � the contract be awarded to Peter Lametti Construction, Inc. tn the amount of Q$43,814.05. Seconded by Councilwoman Kukowskt. Upon a roll call vote, Council a Members Fitzpatrick, Hamern�k, Kukowski and Mayor Nee vottng aye, Councilman Starwalt s voting nay, Mayor Nee declared the motion carried four to one. � Following are the bids as submitted for Sewer and Water Pro�ect #119: � � � � Planholder Btd DeposTt Lump Sum Bid °, Northdale Constructton Com � 269 Peninsala Road 5% $52,965.50 -� Minneapol�s, Minnesota � Frank F �edlicki �° Sewer & Water Contractor � 4621 Twin Haven Road � Minnetonka, Mi-neosta 55343 � Erw�n Montgomery Construction Co., Inc. 10883 - 89th Avenue N. Osseo, Minnesota 55369 Bianco m Construction Co. 986 Bayard Avenue St. Paul, Minnesota 55102 Arcon Construction Co. 9D3 E. Forest Street Mora, Minnesota 55051 5% 5% 5% 10% American Contracting Corp. 1540 Yellowhrick Road 5% Coon Rapids, M�nnesota (*List Incomplete - See additional G. L. Contract�ng builders followinq minutes.) P.O. Box 340 (Typinq error ) 5% Hopkins, M�nnesota Peter Lametti Construction, Inc. 615 Drake Street St. Paul, Minnesota 55102 976, AND ,�4- IN PROPDSED 5% $45,274.00 $55,844.45 $53,098.00 $55,028.90 $48,837J6 ' $57,534.40 $43,814.05 ALL REOUESING SEWER. MOTION by Councilman Starwalt to receive Petitions #1-1476, #2-1976, #3-1976 and k4-1976 and the Letters of Understanding. Seconded by Councilwoman Kukowskt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P S. #75-D2, BY LEIF HENRIKSEN GENERALLY LOCATED WEST DF EAST RIVER ROAD AND SOUTH OF LOGAN PARKWAY (TNBLED 2/9/7E, 3/15/76 : The Public Works Director stated that the Planning Comm�ssion recommended approval at their public hearing w�th two stipulations. One, that the right-of-way be forty (4D) feet wide, and two, that the set-back be thirty (30) feet MOTION by Councilman Hamerntk to adopt the plat with the two st�pulations of forty foot r�ght-of-way and th�rty foot setback Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. OR�INANCE N0. 608 - CONSIDERNTIDN OF AN DRDI AVENUE N E AND CONSIDERATION OF SPECIAL USE PERMIT SP #75-29, LEROY HALUPTZOK, 1240-73z AVENUE N.E.: The Public Works Director stated that tt would be in order to adopt the ordinance on � �I �� . � REGULAR MEETING OF APRIL 5, 1976 PAGE 5 second reading and order publicat�on together with the spectal use permtt There was some concern in that the Planning Commission and the Council d�d not want a continuation of a �unk yard operation in the area, and with that in m�nd, these stipulations were drawn up, and the items have been talked over with the petit�oner, and he has agreed to the stipulat�ons outl�ned in the agenda. We recommend approval of the special use permit. Mr. Bell, the Attorney, is here to answer any questions MOTION by Counc�lman Starwalt to adopt Ordinance No. 608 on second read�ng, wa�ving the read�ng, and ordertng publ�catton Seconded by Councilwoman Kukowski Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously MOTION by Counc�lman Starwalt to approve the Special Use Permtt Seconded by Counctlwoman Kukowski. Upon query by Counctlman Starwalt, Attorney bell stated that although he had not seen the agreement, his cl�ent had read it to him over the tele- hone, and tt was substanttally in the same form. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 115 OF THE FRIDLEY CITY CO�E ENTITLED SWIMMING PODLS AND REPEALING PRIOR CHAPTER 115 TABLED 12/15/75). The Public Works Director swimming pool people, and prepared as noted in the around the swimming pool. to six feet, based on the fencing be permitted and holds on the fence so as stated that after receiving input from the staff, from the �n the conference meet�ng, the proposed ordinance has been agenda. There were two concerns. The f�rst was the fenc�ng It is recommended that the height be increased from four Planning Commission recommendat�ons Further that cyclone that the entrance of children 6y means of hand or foot- to climb over it be prevented. It is the intent�on of the staff to bas�cally insure that toddlers and children thrQUgh the ages of 3, 4, and 5 be prevented from getting into the swimming pool. The situat�on was reviewed wtth the State Health Department, and it is their 6asic policy to allow cyclone fenc�ng. The Publ�c Works Director further stated that at the conference meeting there was a discussion about the maximum width of dra�n grate ope m ngs to be one-half inch. The State has changed their regulations to one-half inch because of concern for fingers getting stuck in the grate. Cauncilman Hamer m k inquired about the fenc�ng, if it is to �nclude cyclone fencing? The City Attorney stated that there ts some concern in th�s matter, that a suggest�on is that it not be spelled out but that the staff use thelr best �udgment as there may be some k�nds of cyclone fencing that would be permitted, and other kinds that would not be permitted. Th�s could be a matter that the staff could consider when an applicatton is made, and the staff can inquire what type is intended and types would be permitted. MOTION by Councilman Hamern�k that the Ord�nance be approved on first reading and the reading be waived. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• CONSIDERATION OF ESTABLISHING A NEW QICYCLE REGISTRATION AND REPEALING F � TL The Public Works Dtrector stated the change was to prov�de improvement of the enforce- ' ment of the code. The ord�nance outl�nes the steps and procedures to �nsure that those people who operate bicycles within the b�ke paths, lanes, and routes are required to follow certain rules and regulations, and it w�ll be a means of providing the police department and other enforcing agencies to insure the proper operation of bicycles within the system. The City Attorney suggested that the measure be passed on the first reading and see what is wrong in it as there seems to 6e someth�ng garbled in it It does not read right. Councilman Hamern�k inquired about state leg�slat�on in reference to bicycles. The City Attorney said there are some passed in the last session. The City Manager suggested that the matter could be adopted and �nvest�gate the statutes and then bring �t back for a second reading. � _, REGULAR MEETING OF APRIL 5, ]976 PAGE 6 MOTION by Councilman Hamerntk to adopt the ordinance regarding btcycle registration on first reading, waiving the reading. Seconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 17, 1976: CONSIDERATION OF APPEALS COMMISSION MINUTES OF MARCH 9, 1976 � D. ROTTER, 8100 RUTH STREET. The Publ�c Works Dtrector said th�s was a request by Mr. Rotter to reduce the front yard setback from 35 feet to 20 feet to allow the construction of a single fam�ly residence at 8100 Ruth Street. The request �s to allow construct�on ad,7acent to the creek wh�ch meanders through the property and without a variance the property can only be developed at a great expense, �t would work a hardship on the construct�on of the home, and would �nflict great damage to the property. The Public Works D�rector outlined by means of a pro�ect�on the problems incurred and what would happen to the property depending on whtch setback was used. The code requires that the house line be 35 feet back from the street property line In this case the house would be too close ta the creek and requtre extens�ve foundation at the rear. The City would work with him and see if we could get it at 22, or 25, or place the house tn a different position to reduce the amount of foundation work. The Appeals Commiss7on did recommend approval of the request and it should be noted there were ob�ections from the ne�ghbors, which is why it is before the Counc�l. Mr Rotter is here to present his request and to answer questions the Counctl m�ght have. Councilman Fitzpatrtck satd that he had read all of the minutes of the Board of Appeals and the application and he does not have any questions that were , not cons�dered there. Mr Rotter sa�d that the dtfficulties in relation to the neighbors was ,7ust to the property l�ne. He said that the way the property falls there �s not too much property to work w�th, and in some posttions the placement would lead to the flood�ng of low spots in the back yard. He would l�ke to provide some kind of a retaining wall to prevent erosion. He sa�d that 35 feet would bring the footings below the bed of the creek. Counc�lman Fitzpatrick stated that the Board of Appeals approved it by a four to one vote, and the Planning Commission approved it unanimously. Mayor Nee asked a6out the claim that some neighbors said that Mr. Rotter promised not to butld there. Mr. Rotter said that promise was made by a prev�ous owner of the property. MOTION by Councilman F�tzpatrick to concur with the Board of Appeals and the Planning Commission and grant the variance. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. PLYWOOD MINNESOTA, SPECIAL USE PERMIT REQUEST SP #76-02, 5301 EAST RIVER ROAD: The Publ�c Works Director stated that the �ntent of the sign �s not for � advert�sing It ts for the informat�on of customers to know where the entrance to the commercial establtshment �s. There was qu�te a dtscussion �n the Plann�ng Commission regarding the traffic situation relative to the placement of the s�gn as there �s something wrong with the location of the stgn. With the development of the industr�al park �t �s hoped that all traffic could be directed to 51st Avenue. We are asking for s�gnal�zation here. There is a poss�bility that the intersection mtght be closed depending on what the future traff�c situat�on provides The Planning Commtssion recomanended approval with the sttpulation that this Special Use Perm�t m�ght only be allowed to continue unt�l the development of the property. I guess that is what we are saying. We are recommending approval for the location of the bi116oard at that location. REGULAR MEETING OF APRIL 5, 1976 qr PAGE 7 The City Manager stated that there is a letter of understand�ng from the parties to these stipulat�ons. Mr. Seeger said that all they are looking for is a means of direct�ng people �n and out of the property in a safe manner At present the people are making a suicide turn there. Names will be added at no expense. As other entrances to the park become established, we will take the names off and gradually take � the sign down or remove it. The C�ty Manager satd that he concurs and that he only wants to be sure that this is only an interim solution. The Public Works ��rector expanded on the dangers emanat�ng from the location of the sign. Discussion ensued concerning the stipu- lations, and the matter of a variance from the metal structures code was mentioned. MOTION by Councilman Fitzpatrick to approve the Spec�al Use Permit with the following stipulations (1) The Special Use Permit be review annually, (2) A directional arrow he a part of the s�gn3 (3) The s�gn would be removed when the property ts developed, (4) That any new 6us�nesses be included on the sign And to concur wtth the Commission to approve the follow�ng variances (1) Sign to be of wood construct�on instead of inetal construction, (2) Reduct�on in setback from res�dential area from 500 feet to 350 feet, (3) Reduct�on in setback from street intersection from 500 feet to 50 feet bNG �ELSO� CONSTR�C7ION CO.. SP�CIAL USE PERMIT SP �7b- The Director of Pu61ic Works stated that there was a good deal of ob�ection at the Planning Commiss�on. The Plann�ng Commiss�on recommended denial. That f�rst of all the property was not compat�ble w�th the neighborhood, the pet�tioner was absent from the hearing on his pet�tion, and further, the petitioner stated to the Plann�ng Commtsston that the double bungalow would not enhance the neighborhood. � The Public Works Director stated that the pet�t�oner was called to �nform h�m that the �tem was on the agenda tonight, but he does not seem to be here. The area is zoned single family, and there is a market for th�s type and th�s �s properly zaned. MOTION by Councilman F�tzpatrick to concur with the recommendation of the Planning Comm�ss�on to deny the use of a Special Permit based on the reasons as stated Councilwoman Kukowski seconded the motion. Upon a votce vote, all vot�ng aye, Mayor Nee declared the mot�on carried unanimously. LYNDALE TERMINAL COMPANY, SPECIAL USE PERMIT SP. #76-03, GNRDEN CEIVTER, 250- 57TH AVENUE N. E.: The Public Works Director stated that the garden center had been at th�s location for a long time, and 6ecause of a recent rezoning of the property, the staff requested that the garden center make application for a Spec�al Use Permit The staff has been worktng with them for the past eight to ten months and through certainstipulations, performance bond, and landscap�ng, the property can be 6rought into conformance with the existing use, not necessar�ly appropriate for the area. They have not received approval as yet, and they will be w�lling to agree w�th any reasonable stipulations that the Counc�l may desire to place on them A concern was the temporary nature of the s�te, and that over a period of time there should 6e some permanent improvements in the area. � The Public Works Director further stated that a stipulat�on could be that a Spec�al Use Permit might be approved for a period of three years and after that t�me the Holiday Store should make a decision as to whether they wanted to cont�nue the garden center, and if so, they should prepare plans of a permanent nature. Another stipulation was that a Special Use Permit be l�m�ted to a certa�n pertod, say, from April lst to September lst, after that time the area be cleaned out and cleaned up and put into a neat and orderly fash�on, and that there be a review to see that the maintenance �s being compl�ed w�th, and that no other storage of materials be in that area after the closing. The Publ�c Works Director stated the manager was present and would agree to these stipulations. The Manager stated he would agree and that the garden center would be closed after the 4th of July. REGULAR MEETING OF APRIL 5, 1976 The Public Works Director recommended that the Special Use Perm�t be granted with the stipulattons. PAGE 8 Counc�lman Fitzpatrick inqu�red why a three year Special Use Permit instead of one year's period The Public Works Director stated that there was talk of this area of the Holiday property gotng to a different operation, and that a three year permit would allow them to come up with a change in operations or a permanent type of improvement. MOTION by Councilman Fitzpatrick that a Spec�al Use Perm�t be granted for the pertod in which they expect to be in operation, from Apr�l lst through July 15, 1976. Councilman Starwalt seconded the motion. Gouncilman Fitzpatrick stated that the kind of permanence on this location �n the past �s the kind that he wouldn't encourage. It is permanently cluttered. The City Attorney stated that if the Counc�l desired to term�nate the operation it would be easier to do so �f the permit was an annual one, but on the other hand, there is the question of whether �t wtll be easier admtnstratively and for the business person not to have to go through the Comm�ssion and the Council. That if it is tmportant enough and you want to keep a handle on it year by year, you have sufficient reason to ask Holiday to make the application on an annual basis. Councilman F�tzpatrick said that there ts a tradition of granting long Spectal Use Perm�ts because of the bus�ness involved in terms of money and development, 6ut that th�s is not the case The C�ty Manager stated that a three year permtt was to give them a chance to make a permanent solution to the problem. Counctlman Fitzpatrick stated that if h�s second would permit it, he would with- draw his mot�on. Gouncilman Starwalt agreed. MOTION by Councilman Fitzpatrick to have the Spectal Use Permit granted for a three year period with the stipulat�on that it have an annual review and that at the end of the three year period a permanent location be agreed upon, and that from Apr�l lst to July 15th of each year �t can be in operatton, but after that t�me nothing �s to be stored in that area. Seconded by Councilman Starwalt. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried. RECEIVIPdG THE MINUTE�S OF THE POLICE COMMISSION MEETING OF MARCH 16, 1976: MOTION by Councilman Starwalt to receive the minutes of the Police Comm�sston Meeting of March 16, 1976 Seconded by Councilwoman Kukowsk�. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried. F )F FINAL PLAT SUBDIVISION P.S. 74-D6, ZANDER'S FIRST RECEIVING FINAL INSPECTION CERTIFICATION OF STORM SEWER CONSTRUCTION IN ZAN�ER'S FIRST ADDITION ' ' The Public Works D�rector stated the plat had been before the Council before, and the four stipulations attached to it were on page 10-B of the agenda book. These were recommended by the Planning Commiss�on. One is to provide for an easement for the storm sewer and dedicate the storm sewer to the City, recommending that the City ma�ntain the sewer That has been completed, and not only has the petitioner � constructed the storm sewer pipe, but he has constructed a swale to dratn the potent�al shallow water problem in this area. We do have the easements, and this is the �tem we had requested to be added to the agenda. It indicates that the City has reviewed the construction, and recommends that the storm sewer be accepted. The second item provides for underground ut�lit�es and a swale between Lots 1 and 2, and that is completed. In addition to that we would require, as noted �n the certi- fication of the storm sewer, that a one year's maintenance bond be had, and that stipulat�on has 6een agreed to by the pettttoner, and we would recommend that the plat be approved with these stipulations. He said that Mr Thorson was at the meeting to answer any questions. � REGULAR MEETING OF APRIL 5, 1976 MOTION by Counc�lman Starwalt for approval of the plat wi�h the st�pulat�ons as outlined �n the agenda. Seconded 6y Gouncilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously PAGE 9 The Publ�c Works Director stated that the construct�on of the storm sewer has been verified, and the department recommends the acceptance of it. MOTION by Councilwoman Kukowsk� to approve the f�nal �nspection cert�fication of storm sewer constructed in Zander's First Addit�on. Seconded by Councilman Starwalt. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carrted unan�mously. RESOLUTION NO 31-1976 - A RESOLUTIDN APPROVING THE APPLICATION FOR A �ISEASED SHADE TREE REMOVAL SUBSIDY PROGRAM FOR PRIVATE PROPERTY LUTION N0. 32-1976 - E CNANGING OF THE 1976 BUDGET PROPERTY TREE REMOVAL SUBSIDY The C�ty Manager stated there are matching funds available from the State for the removal and disposal of these trees. Using last year's level of disease, the cost would be $9,D00, and we have submitted a higher f�gure. It �s submitted on the basis that once you make a policy, if the problem �s there, you can take care of it. The mon�es would be encumbered from the State s�de The f�gure is high, but all we are asking the State to do ts to commit this kind of money. The f�rst item is to have a resolution stating that this �s a mun�ctpal pol�cy. MOTION by Counc�lman F�tzpatrick to adopt Resolut�on No. 31-1976 approving the application for a diseased shade tree removal subs�dy program for pr�vate property. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MOTION by Councilman Fitzpatr�ck to adopt Resolut�on No. 32-1976 authorizing the changing of the 1976 budget appropriations within the general fund. Seconded by � Councilman Hamernik. Upon a roll call vote, Councilmembers Fitzpatrtck, Hamernik and Kukowski and Mayor Nee vottng aye, and Counc�lman Starwalt vot�ng nay, Mayor Nee declared the motion carried four to one. � RECEIVING BIDS AND AWARDING CONTRACT- PHOTO COPY EQUIPMENT (BID �� VENDOR Xerox Corp. 2850 Metro �r�ve Minneapolis, Mn. SECURITY BOND Cash�ers Check Northwestern National Bank S.W. $1500 WARRANTY TOTAL COST BRAND MODEL USED/NEW PERIO� PER SPEC Xerox 7700 Remanu- 90 Days $28,559.49 with factured 30 bin sorter The City Clerk stated that the City would save $42,000, and th�s �s a good solut�on to the high copying costs. The proposal is to purchase the equipment through the public ut�lity fund, and the departments w�ll pay on a per copy basis as now. We can either reduce the cost per copy and take seven years to pay, or keep the cost the same and pay in a little over three years. Mayor Nee stated that the resolution should state that the ut�lity fund is to buy the machine and 6e re�mbursed MOTIDN by Councilman Fitzpatrick to reeeive the bid and award the contract to the Xerox Corporation �n the amount of �28,559 49. Seconded by Councilwoman Kukowskt. Upon a roll call vote, Councilmembers F�tzpatrick, Hamernik, Kukowsk� and Mayor Nee voting aye, Councilman Starwalt voting nay, Mayor Nee declared the motion carried four to one. APPOINTMENT (CITY EMPLOYEE). MOTION 6y Councilman Starwalt to approve the following appointment Seconded by Councilwoman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. EFFECTIVE NAME DATE PDSITION SALARY REPLACES Gatl R. Skaaden Mar. 29, 1976 Clerk/Typ�st $567/Month Arlene Sm�th 6130 Ra�nbow Dr. Public Works Fr�dley, Mn. Department .;" REGULAR MEETING OF APRIL 5, 1976 LICENSES PAGE 10 MOTION by Councilwoman Kukowskt to approve the licenses as subm�tted and as on file �n the off�ce of the City Clerk. Seconded by Councilman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unantmously. CLAIMS MOTION by Counc�lman Starwalt to approve the claims as submitted Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. COMMUNICATIONS: FRIDLEY RECREATION AND SERUICE COMPANY. INTOXICATING LIQUOR LICENSE. The Public Works Director stated that the applicant is actively pursuin9 the liquor license. MOTION by Councilman Hamernik to receive the commun�cation from Donald C. Savelkoul, dated March 26, 1976. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously HOLIDAY VILLAGE NORTH. SPECIAL USE PERMIT REQUEST: MOTION by Councilman Hamer m k to receive the commun�cat�on from Holiday V�llage North regarding their garden center dated April 1, 1976. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. ADJOURNMENT MOTION by Councilwoman Starwalt Upon a vo�ce ad,7ourned at 10•20 P.M. Respectfully submitted, Kukowski to ad,7ourn the meeting. Seconded by Counc�lman vote, all voting aye, Mayor Nee declared the meeting John Chegwyn Council Secretary ��� � L_ cG� , Approved Apri] 14, 1976 *Additional bidders on Sewer and Water Planholder Plueller Pipelines, Inc. R M. 104 - 888 W. County Rd. "D" New Brighton, Minnesota 55112 C�' � � William J. Nee Mayor Pro,7ect i119 Bid Depostt Nodland Associates, Inc. General Contractors, Alexandrta, Mn 56308 �e-Luxe Construction, Inc 527 Em�l Avenue; Shoreview, Mn. 55112 Q.R,S Construction, Inc 1008 P9aple Circle, Bloominaton, P9n. 55a31 C.4l. Houle Landscaping Co , Inc. 1300 6d County Rd I, St Paul, P1n. 55112 Austin P. Keller Construction, Co 481 Front Avenue, St Paul, P+linnesota 55117 Beatson & Kelley 1034 West California, St. Paul, P1�nnesota 5% r,� 5% 5% 5% 5% 5% ti� � � Lumo Sum Bid $53,567.05 $68,316.00 $45,556.68 $58,16&.30 $51,883.50 � R72,889.�0 $52,�442.8D