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05/03/1976 - 00014831._ a THE P4INUTES OF TIiE REGULAR MEETIfJG OF THE FRIDLEY CITY COUNCIL OF MAY 3, 1976 The regular meet�ng of the Fridley City Council was called to order on May 3, 1976, at 7:35 P M. by Mayor Nee. PLE�GE OF ALLEGIANCE. Mayor Nee welcomed the aud�ence and invited them to �oin with the Council in the pledge of allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Counc�lwoman Kukowski, Counc�lman Starwalt, Counc�lman Hamer m k, Mayor Nee and Councilman Fitzpatrick None PUBLIC HEARING MEETING, APRIL 12, 1976 MOTION by Councilman Starwalt to approve the minutes as submitted. Seconded by Councilwoman Kukowsk�, and upon a votce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously ADOPTION OF AGENDA � MOTIOfJ by Councilwoman Kukowski to adopt the agenda as submitted. Seconded by Counctl- man Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. The matter of the sign for North Park was taken from its appearance in "Open Forum, � Visitors", and placed on the eventng's agenda. OPEN FORUM, VISITORS• MR ED WILMES P1ARINE CORP TREE PLANTING PROGRAM: Mr. Ed Wilmes presented to the Council a brochure entitled "The Marine Corp Bicenten- m al Tree Planting Prograin, and he outlined the various aspects of how it would be done and by whom. On Saturday, May 15, at 9 00 AM, a plantinq ceremony will take place at the Islands of Peace Some of the organ�zations that would be participat�n9 in the program would be the Boy Scouts, Little S�sters of the Poor, the handicapped and others. As 1 00 P.M. on May 4, 1976, some representatives from the Department of Natural Resources for the trail fund�ng met and hopefully they w�ll continue funding some of the program He sa�d that a lot of research has been done on the planttng. The trees are available, and some of the species are the green ash, the soft maple, and a maple that can be used for a,screen. Councilman Starwalt suggested that although some of the local trees, the Nmerican Elm, for instance, are not do�ng as well as expected, the selection of trees should be on an indigenous 6asis. In response to Councilman Starwalt's inquiry as to the cost of the program to the City, Mr Wilmes replied that there is no cost to the City, that everything has been donated, trees, labor, transportat�on, everyth�ng is donated. MR KENNETH SPORRE, SIGIV FOR NORTH PARK � Mr. Kenneth Sporre spoke about the matter of a sign for North Park, and stated that he has presented several schematics of it for approval. He stated that the pro,7ect ts being undertaken by the Fridley Jaycees, and Council approval is needed for the sign. The s�gn has been approved by the Foundat�on, and the problem is Council approval so that grants and other a�ds may be obtatned from the state 6efore the expiration dates for them occurs, which is the urgency that prompts the request for approval at this time REGULAR COUNCIL MEETING OF MAY 3, 1976 PAGE 2 Counctlman Hamernik said that �t is his understanding that we have not approved the formal name for the park area as yet, and he wondered �f that had been taken into cons�deration. Discussion then centered about the name of the park relative to the s�gn for �t, and Counc�lman Hamernik observed that there are some discrepanc�es between what is 6eing requested as to name and what is in the brochure. Mr. Sporre stated that � they are not chang�ng the name of the park �n the sign. It is only a fac�l�ty that is being named. There is $200 in the sign fund, and the state will give us $200 �f the deadl�ne for the grant is not exceeded. � Mr. Moen stated that in working with the Sprtngbrook Nature Center Foundation and accord�ng to the lease agreement that they are referred to as the Spr�ngbrook Nature Center Foundation, and that in the plan that was submitted to the Counc�l it has 6een suggested that the item be ca7led the Springbrook Nature Center at North Park. �tscussion also centered on the locat�on of the sign and the manner of �ts 6e�ng displayed. Mayor Nee inquired of the Counc�l if there would be any ob�ect�on to putting this matter on the agenda? The matter was then placed on the Agenda, there be�ng no audible ob�ections It was referred to the Park and Recreation Commission, and the item would come back leter tn the eveninq for a hearin� OLD BUSINESS The Public Works D�rector stated there are a couple of recommendat�ons On the second page of the ordinance there is a matter of term�nology, and the sub�ects "water taps" and "sewer taps" should be respectively "water permits" and "sewer permits". The Public Works D�rector stated that a recommendat�on would be to �nsert water tap after water perm�t, $125. The City Manager suggested that the Council ta61e the matter as there was no urgency involved. Dennis Schnetder stated that it should be apparent that over the last number of years there have been dtscusstons about developers and individuals who have not been as careful as they m�ght have been, and after they have put in their house, or houses, they come to the Council for variances He thought there should be a dou6le-edged fee for var�ances rn these matters, and some sort of a sliding scale, perhaps, for those that have two or three variances. The Ctty Attorney stated that there was a quest�on as to whether the fee ought to cover the City costs, and there is no question but what �t should. The usual language is that the City cannot charge more than tt costs, that it is not to be a revenue measure. It is only to cover the leg�t�mate costs. He said the matter ought to be reviewed to see if the fees are covering the costs. Youwould be required to ,7ust�fy part of it because of the fact that it came after the construction rather than before, and tt causes more work and, therefore, there could be a larger fee Bob Schroer remarked that taxes go to pay the salaries of those that are to do the work, and he recog m zed that there �s a vicious c�rcle involved in the matter of salaries as related to the work involved in setting the fees. Further, that a lot � split at $20 ts too cheap, and a coffee machine license at $15 is too mucVi. Discussion then ensued on the size of the license fees relat�ve to the thing licensed and the respective work involved. MOTION 6y Counc�lman F�tzpatr�ck tio table the ordinance and bring it 6ack to the Council at the administration's discretion. Seconded by Councilman Hamerm k Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � � �I REGULAR COUNCIL MEETING OF MAY 3, 1976 NEW BUSINESS PAGE 3 IDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 206 OF THE FRIDLEY rnnr oroTnTnirnir_ Tn rur anTi nTnir_ rnnr nnin �CDMTT rrrc. The Public Works Director stated that apparently what had happened was that when Chapter 206 was adopted we made reference to the fact that it was the Minnesota Building Code by reference, and we assumed that all the appendices and indexes � and everything was included, but that in working with the Code since 1972 there is a section that indicates that there are certa�n exceptions noted to the building code that are optional to the various municipalities. It appears that if a munic�pality wants to adopt those sections they have to explicitly state them, and that is why you see the new language. There are several items l�sted here These are basically what the inspectors follow. They refer to the Uniform Bu�ldtng Code. The problem is that �f we were challenged someone might tnd�cate that it is not a part of the ord�nance since it was not specif�cally adopted. That �s what we are try�ng to stra�ghten out in the first sect�on. The Public Works �irector cont�nued that �n Sect�on 206.010 we get involved �n the build�ng permit fees. At the present ttme it is on a cubic foot volume. Ntnty-five per cent of the other commun�ties in the metropolitan area follow the Un�form Building Code in issuing butld�ng permits and fees, and �t is based on valuat�on, i.e , how much is it worth to construct the bu�lding? The Public Works Director said that the res�dential buildtng permits are very, very low, and they do not cover the expenses that our building inspectors have in making the inspecttons. By adopting the Un�form Bu�lding Code we place it on valuation and hopefully it appears that it will work out. The fee is arrived at by an averaging process. Thereupon much d�scussion ensued over the number of trips a building inspector � makes, the proper fiscal relation between commercial-industr�al compared to residential as to the fees. Councilman Fitzpatrick said that th�s involves a shift from volume to values as the bas�s for rates MOTION by Councilwoman Kukowskt to table the ordinance and br�ng tt 6ack to the Council at the admim stration's discretion. Seconded by Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion tabled by a unanimous vote. CONSIDERATION OF FIRST READING OF AN ORDINANCE AUTHO SECT The City Manager stated there is an interest in the C�ty for wine licenses, and a public hearing on it was held last year. Discussion centered upon the days and hours of permitttng w�ne to be sold as they might parallel liquor sales, also a discussion concerning fees in this same ltght. MOTION by Counc�lwoman Kukowski to waive the reading and adopt the ordinance on first reading. Seconded by Councilman Starwalt. � MOTION by Councilman Hamernik to amend the motion to delete the port�on of the ordinance relating to Sunday sales, 6D3.224 Seconded by Counc�lman Starwalt. The matter of Sunday sales was discussed, and upon a voice vote, all voting aye, Mayor Nee declared the amendment to the mot�on to adopt the ordinance carried. The VOTE upon the motion adopt�ng the ordinance on first read�ng was a vo�ce �ote, all voting aye, and Mayor Nee declared the amended motion carried una m mously. MOTION by Councilwoman Kukowski to delete the words "Dispens�ng L�cense" in Sec- t�on 603.225 of the Ordinance. Seconded by Counc�lman Starwalt, and upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried una m mously. � � REGULAR COUNCIL MEETING OF MAY 3, 1976 PAGE � MOTION by Councilman Hamer m k that the mtnimum seat�nq capacity under this ord�nance shall be 75 Seconded by Councilwoman Kukowski. Uoon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. MOTION by Councilman Hamer m k to strike out the second parapranh �n Section 11 10 relating to fees and substitute a fee of 5700 per year with an init�al investiqation fee of $500. Second 6y Councilman Fitzpatrick Unon a voice vote, all votinn aye, Mayor Nee declared the motion carried unanimously RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 21, 1976 SPECIAL USE PERP4IT SP 76-05, ARLYNE JOHNSOPJ, a20 57th PLACE N E The Publtc Works Director stated that the Planninn Commission had recoMmended approval of thts request, and also two ad�acent property owners siqned a statement that they had no ob�ection to the construct�on of the aara4e. Mr. Satterlee, of the Sussell Company, was present and explained the request for the vartance. MOTION �y Councilman Harernik to concur with the recommendation of the Plannrnn Commission. Seconded by Councilvroman Kukowski. Upon a voice vote, all votina aye, Mayor Nee declared the motion carried unanimously. VACATION REQUEST, STREET RND ALLEY VACATION, SAU �76-02, �9RS P.AY PRESTE�IAP1, 1391 FIFTY-THIRD AVENUE: PIDTIOPJ by Councilman Starwalt to set the public hearinq for May lOth Seconded by Counctlwoman Kukowski. Upon a voice vote, all vot�na aye, P1ayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE COP4MISSION MEETING OF APRIL 21, 1976 MOTION 6y Starwalt to receive the minutes of the Police Comm�ssion Meetina Seconded by Councilu�oman Kukowski Upon a voice vote, all votrnn ave, P1ayor Nee declared the motion carried unanimously RECEIVING THE PIINUTES OF THE CFIARTER COMD1ISSION f9EETING OF FEQRUARY 17, 1976 MOTION by Councilman Starwalt to receive the minutes of the Charter Commiss�on meeting. Seconded by Councilwoman ICukowski Upon a vo�ce vote, all vot ma aye, Mayor Nee declared the motton carried unanimously RECEIVING EXCERPT OF APPEALS COMMISSION MINUTES OF APRIL 27, 1976 (REOUEST BY ThePu6lic Works Director stated there is a prelim�nary drawina of the matter at hand, and Mr Villella is present with some updated drawrnqs. The Public blorks Director went throuqh the several vartance requests and stated the third one which would increase the coverage from 25 to 27 80 per cent was recommended for den�al on the assumption that the company could redesign or remodel the house Considerable discussion ensued over 40-foot lots rann�n� from the orinin, the taxes, and other facets of these lots and as it affects City pol�cy today in view of taxation, etc MOTION by Councilman Fttzpatrick that the petition for variances be ctranted on the � area providing that one side yard be from the requ�red 17 5'to 13', the other side yard from the required 10' to 8', and with the stipulation that the petitioner arranne for a lot split that would provide for an additional five feet Seconded by Councilman Starwalt. Mayor Nee stated that tt would take three votes to carry the motion Upon a roll call vote, Councilwoman Kukowsk� voted nay, P1ayor Plee voted nay; Councilman Starwalt voted aye, Councilman Hamern�l< voted aye, and Councilman Fitzpatrick voted aye. Mayor Nee then declared the motion carried by a three-to-two- vote NEW BUSINESS: RECEIVING PETITION ;�8-1976 REQUESTIPJG VACATION OF ASHTON STREET NORTH OF IRONTON CTDCCT nnin 000n nvrnnir t'�iri iinrnir_ DATI onnn ronccTnir_ MOTION by Counc�lman Starwalt to receive Petition �8-1976 Seconded by Councilvdoman Kukowski. Upon a voice vote, all votinq aye, P9ayor Plee d2clared the motion carried unanimously. r REGULAR COUNCIL PIEETING OF MAY 3, 1976 CONSIDERATION DF A6JARDIPlG OF BID - TREEE REMOVAL CONTRACT (BI�S OPENED APRIL 27 PAf;E 5 The City f�anager stated that only two bids were received for tree removal, and the recommendat�on was to award to Amlee Tree Service MOTION by Councilwoman Kukowski to award the 1976 contract for tree removal to Amlee Tree Serv�ce, 2011 East 122nd Street, Burnsville, Minnesota. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, P1ayor Nee tleclared the motion carried unanimously CONSIDERFlTION OF APPROVAL OF CHANGE ORDER �l, 558SW ;ill9 IN THE AMOUPJT OF n�niirT n�n Gn• The Public Works �irector sa�d this was the result of replacinn a pr000sed structure with some bends, and that the adoption of the change order is recommended � P�IOTION by Counc�lman Fitzpatrick that Chanqe Order #l, SS&SW �`119 be approved. Seconded by Councilman Starwalt Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unantmously. CONSI�ERATION OF AWARD OF BID FOR TV SOLIDIFICATIOPJ APdD RIGID PAVE�1ENT S n.n nnrnirnrn nnn.i n� �n-r� The Public Works Director stated that Solidification, Inc , was the only company to submit a bid, that they have been under contract to the City for a number of years and have provided proper service MOTIDN by Councilwoman ICukowski to award the bid to Sol�dification, Inc. as follows. Seconded by Counctlman Fitzpatrick Upon a voice vote, all votin❑ aye, Mayor ^Jee declared the motion carried unanimously 2 3 4 5 6. 7 8 9. 10 11 12 13 14. Solidification, Inc ; 610 Cottonwood Lane, Plinneapolis, Mn. Security Bond 5°6 bid bond - Transamerica Ins Co Telev�sion Inspect�on of Sewer Pipe 29d lin ft. Minimum Charge for Telev�s�on Inspection of Sewer Pipe $295 00 Setup for Sewer Jo�nt Seal�nq of Sewer Pipes (P�ove In and Move Out) �138 00 each Sewer Joint Sealrng of Sewer Pipes $ 29 00 ,7oirt Chemical Sealinn Material for Joint Sealinq (AM-9) � 2 40 ❑al. Plinimum Charge for Sewer Joint Seal�ng Pro�ect ��414.00 Setup for Solidification Repair of Se�ker Pipes (Move In and Move Out) $ 65 00 Chemical Materials for Solidification Repair of Pipes (Sodium Silicate and Calcium Chloride) 95 qal. Minimum Charge for Solidif�cation Repair Pro�ect $450 00 Manhole Inspection � 20 00 Manhole Repair $ 55.00 Chemical Mater�al for h9anhole Repair � 2 4�J qal Amount of Time Required to Respond to Service Request• a Normal Service Days 5* b. Fmergency Serv�ce Flours 24* (SLAQJACKING) 1 Labor (per hour) 2. P1aterial (cub�c yd.) 3 fdobilization (lump sum) 4. Amount of Time Required to Respond to Service Request: $ 67 00 per hr. 3 men $ 52 00 for 2 men $ '�0.00 cu. yd $ 70 00 a Normal Service Days 5* X b Emergency Service Days 2* X *Flmount of Time required by C�ty If B�dder cannot respond in time noted, please State Alternate Proposal RESOLUTION NO 41-1976 APPROVIPJG PRELIPIINARY PLAPJS FOR NOISE ABATEP9E�JT BARRIERS ON I-694 AT IPJTERSECTIOfd WITH TH 47: � � The Public ldorks Director stated there have been no ob,7ections from the pronerty owners, and it is recommended th�s be adopted to allow the P1innesota Hiqhwav Department to � � � REGULAR COUfJCIL f"� ETIPdG OF MAY 3, 1976 proceed wtth their :inal construction plans any questtons , PAGE 6 �1r Creq Robinson was present to answer MOTION by Counctlwoman Kukowski to adopt Resolution �41-1976 Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the mot�on carried unantmously CONSIDERATION OF LIOUOR STORE MANAGER APJD ASSISTAPJT LIpUOR STORE MAfdAGER COMPENSATION MOTION by Starwalt to approve the salaries for the Linuor Store P1anaaer and Assistant Liquor Store Manager as presented Seconded by Counc�lwoman Kukowsk� Unon a voice vote, all voting aye, P�ayor Nee declared the motion carr�ed unaniinously CLAIMS MOTION by Councilwoman Kuko��sk� to concur in the claims as presented Seconded by Councilman Starwalt Upon a voice vote, all votina aye, Playor Pdee declared the wotion carried unanimously LICENSES P+IOTION by Counctlswoman Kukowski to approve the licenses as submitted and on file tn the City Clerk's Office. Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ESTIMATES. P10TION by Counctlman Starwalt to pay the claim of Weaver, Talle x Herrick, for leqal services as City Attorney for Fridley for the Plonth of March in the amount of $1,716 20 Seconded by Councilwoman Kukowski. Upon a votce vote, all votrna aye, P1aVOr Plee declared the motion carried unanimously. RECESS� Mayor Nee declared that a recess would be taken. (At 10:26 P M the Council took a recess ) (Council reconvened at11.05 P f1.) (A71 members were present ) �ISCUSSION REGARDING SIGN FOR NORTH PARK� The matter of the park sign that was deferred until latter in the eveninq was tal:en from the table for actton. Mr Moen gave the Counctl the chanaes, in wr�tinn, that were anproved at a meeting held for that purpose earlier this eveninn MOTION by Councilwoman Kukowskt to concur with the recommendations bv the Parl�s and Recreation Department regardinq the Sprinqbrook Plature Center sinn at Plor�h Parl: Seconded by Councilman Hamer m k. Upon a voice vote, all votrnq aye, �1ayor Plee declared the motion carried unanimously ADJOURf�MENT: h�lOTION by Councilwoman Kukovaski to ad�ourn the meetrnq. Seconded by Counc�lman Hamernik. Upon a voice vote, all votrna aye, P1ayor Nee declared the meetinn of the Fridley City Council of May 3, 1976, ad,7ourned at 11 05 P.M Respectfully submitted John Chegwyn Council Secretarv ; �- -'r �L '� � ��y ��G ' � i Approved �une 7, 1976 C�iC,J��� ��-e--� � William J Nee P1ayo r