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09/27/1976 - 00014713THE MINUTES OF THE REGULAR MEETIMG OF THE FRI�LEY CITY COUPICIL OF SEPTEMBER 2T, 1976 The Regular Meeting of the Fr�dley City Counc�l of September 27, 1976 was called to order at 7 40 p in. by Mayor Nee. � PLE�GE OF ALLEGIAPJCE� P1ayor Nee led the Council and the audience in saying the Pledqe of Alleqiance to the Flag. ROLL CALL MEMBERS PRESEPdT Playor Nee, Councilman Hamer m k, Councilwoman Kukowski, Councilman Starwalt and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES� REGULAR COUNCIL MEETING OF SEPTEPI6ER 13, 1976: Councilman Hamer m k stated that he would like to amend the minutes, pane two, first paragraph with the correction of P1r Jack Velin as Director of the Sprinabrook Nature Foundation and not Mr poyle P4ullin Councilman F�tzpatrick stated that he would also like to amend the minutes, pane one, second paragraph under OPEfJ FORUh9 headinq, last sentence �n P10TIOP! should be °funds are not being disbursed " �P10TIOPJ by Councilwoman Kukowski to approve the minutes as corrected Seconded by Councilman Hamern�k. Upon a voice vote, all votincr aye, Playor PJee declared the motion carried unanimously. ADOPTION OF AGENDA MOTION by Councilman Hamernik to adopt the aqenda with the addiiions of a petition from residents on Hillcrest Drive for a street light and a petition for a traffic sign Seconded by Councilman Starwalt. Upon a voice vote, all votrna aye, Playor Nee declared the motion carried unanimously. PUBLIC HEARING� PUBLIC HEARING ON ASSESSPIEPJT FOR THE TREATf1Ef1T AP1D REP10VAL OF TREES (1976) MDTION by Councilman Hamerm k to waive the readinn of the Public Hear�n� notice and open the Public Hearing. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanii�iously and the Public Hearing opened at 7 43 p m. P1r. Marvin Brunsell, Assistant City PlanagerJFinance Director, stated that the assessment roll is for the removal and treatment of trees. Some of the work was done �n the latter part of 1975 and the 6alance in 1976 There ts a 425 00 administrative charqe added to the amount that the contractor btlled the City. Mr Brunsell further stated that if �the assessment roll were adopted, it would be spread over a f�ve year period with interest at the rate of seven and one-half (7%z%) percent per year. P�ayor Nee then asked Mr. Charles Str�ke, CETA Forester, to explain how the tree removal operation works. P1r. Strike then proceeded to explain that the City ordinanr_� spec�fies that the ttme alloted for tree removal after notice has been a�ven is ten days However, if for some reason of hardship, some other reasonable explanation, or if the individual(s) cannot get their tree down within ten days, an extension can be qiven In essence, it is from ten to twenty days for tree removal. Playor PJee further asked Mr Str�ke how the City gets involved and what is the cost. P1r Strike responded that the person(s) that have the tree marked and wish to cut it down and pile the brush and loqs 6y the curb, the City will haul the brush and loqs away and the C�ty w�ll pay the cost for this If Y k `I REGULAR COUNCIL PIEETIPJG OF SEPTEP1BER 27, 1976 Page 2 the person(s) do not wish to remove the tree, the City then pays fifty (50%) percent of the total cost and the homeowner pays fifty (50%) percent of removal and disposal. Therefore, the contractor quotes a certain amount per inch and 6rush removai �s inciuded in that amount For example, if a tree costs $200 to come down, the homeowner would only have to pay $1D0 and the total cost of $200 includes brush removal and cutting the tree dowii Councilman Starwalt stated that he understood that last year there was a spltt in the � cost but that this year if the tree was on City property the City handled it, but if it were on the private owner's property, it was his responsibility and questioned whether there are now two types of c�rcumstances in the assessment roll. Mr. Strike responded that this was so, explai m nn that boulevard trees are removed by the C�ty and the C�ty does all the work involved. If the tree is not on the boulevard and obviously on a homeowners property, either the homeowner has the City do the work and they are billed for fifty (50%) percent of the total cost or they do the work, pile the 6rush and logs by the street, and the City pays the cost for hauling the brush and logs. P�1ayor Nee asked �f there was anyone present who wanted to discuss the sub,7ect matter. Mr. Bill Tonco, 5925 Hackmann Avenue N.E., Lot 3, Block 2, stated that last year in October, he was contacted by a forester (whose name he could not remember) regarding the removal of a tree, and this was acceptable to him since it was on the boulevard and not on h�s property. He further stated that he is now beinct assessed for it and feels he should not have to pay for the removal of it. P1r. Dan Huff, Platuralist/Resource Coordinator, stated that his office would be hapoy to recheck the property, if P1r Tonco would give him his telephone number, he would be there the followinq day to survey it. P1r. Huff did ask Mr Tonco if the tree straddled the line, and he responded that it does to some extent. Mayo�° fJee stated that there was a chance that Council would not adopt the proposed assessment roll th�s evenina, although they could. They would probably want to wa�t and consider the matter further. P9r. Tonco stated that this was agreeable with htm. Pqr Steven Wiebur, 6005 5th Street M.E., then stated that he would like to comment on his ob�ection to the assessment, in that he and his family moved into their home a year ago this October and after two weeks received notice reaardinq an assessment for tree removal. He further stated that he believed the former owners of the house were aware of this and fatled to mention it to him. P1r. Dan Huff stated that he was sure that his office made arranger�ents to take the trees down with the previous ovrners, and that when it came up to take the trees down, probably he was selling the house to P1r Wie6ur, and perhaps the previous owners did not want to tell Mr 6�liebur of this fact Playor Nee then stated that he would like to get more background data and for P1r bl�ebur to contact Councilman Hamer m k regarding this. MOTIQP! by Councilwoman Kukowski to close the Publtc Hearinq. Seconded by Councilman Hamerm k Upon a voice vote, all vot�ng aye, P1ayor PJee declared the motion carried unanimously and the Public Hear�ng closed at 8 09 p.m. OLD BUSINESS UTION NO 98-1976 - CONFIRP1IPlG ASSESSMEPIT FOR ST 1976-1 STREET IMPROVEMENT PROJECT �n oi�nnti • P10TIOP! by Councilman Hamer m k to adopt Resolution Plo 98-1976 with the change that for Lots 9 through 11, Block 3, City View Addition, the assessment be reduced by the amount of $816.64 to compensate for the work that was done in 1971. Seconded by Councilwoman Kukowsk7 Upon a voice vote, a71 votrnq aye, Mayor fJee declared the motion carried unanimously. NQ622 -' AMENDING CHAPTER 11, SECTIOPJ 11.10 OF FRI�LEY CITY CDDE RELATING MOTION by Councilman Hamern�k to waive the readinc� of the Ordinance �l0 622 and adopt it on the second reading, and publish Seconded by Councilman Starwalt. Upon a vo7ce vote, all vot�ng aye, f1ayor Nee declared the riotion carried unanimously. � REGULAR COUNCIL MEETIfdG DF SEPTEPIBER 27, 1976 NEW BUSINESS: CONSIDERATION OF VACATION REQUEST, STREET AND ALLEY UACATIDN SAV �76- � Pane 3 i, Mr. Tom Col6ert, Ass�stant Engtneer, stated that t,h�s was a request to vacate an alley bounded by Liberty Street, Ely Street, Ruth Street, and Ashton Avenue At the Plamm �g Corttm sston's meetinq of July 14, 1976 a motion to deny the vacatton request failed to - pass by a tie vote; and therefore, was brought to the Counci1's attention with no recommendation from the Planntng Commission. P1r Tom Geddy, C�ty Attorney's office, stated that in his optnion if tt is ,7ust a question of an access to a vacant back yard, �t would probably be very marginal as to whether or not one could collect damages from the City. However, if the alley is being used to qet to the qarages and the garages cannot be reached from the street in front of the houses, the City could be l�able for damages to the particular property owners involved. Councilman Fitzpatrick then commented that in reading over the mtnutes before the Planning Commiss�on and the hearinn that was had before the Council and the letters that were received, he was convinced that a number of people use the access in question and it was �n existence as such when they arranged their habits as far as access to their property � � MOTION by Councilman Fttzpatrick to deny the petition to vacate the alley Seconded by Councilman Hamerm k. Upon a voice vote, all vot�nq aye, P�ayor Nee declared the motion carried unanimously RECEIVING TFIE P1IP�UTES OF THE PLAfJPJING COfiP1ISSI0PJ P1EETING OF SEPTEMBER 8, 1976 GORDOP! ASPEPISOPI, ZONIPIG OR�IPlANCE AMEPlDP1EPIT ZOA �`7F-On, F5M 2flD ST PI E MOTION by Councilman Hamernik to set the Seconded by Councilwoman Kukowski. lJnon declared ±he r;otion carried unamr�ously publtc hearrn� for flovember 8, 1976 a voice vote, al i vot�nn aye, P1ayor P!ee Councilman Hamernik asked f1r. Asnenson if he had anv �uestions, and he did not Counc�lman Hamer m k also asked tf he was aware of the nublic hearinn set for Pdovember 8, and he was aware of such hearinn KEPINETH BELKNOLM. SPECIAL USE PERf1IT SP �76-13. 5870 hTH STREET Mr. Tom Colbert, Assistant Ennineer, stated that thts was a request for a special use permit for a seccnd accessory buildinn located at 5R70 Fth Street This request was before the Plamm �n Commission en Septemb�r 3, 1976 and it was approved by them. Mr Belkholm was in attendance however, he did not have any c�uestions regardtng this P10TION by Councilman Hamerrik to concur with the i°ecomr�endatton of the Planntna Commission ard nrant the special use permit Seconded by Counc�lwoman Kukows!;i Upon a voice vete, all vottnn aye, f1ayor flee declared the motion carried unanimously FINE ARTS COP1h1ITTEE REOUEST FDR �1,0�0: Ms. Jan Konzak, Admtnistrative Assistant, stated that as the budaet present7y stands, there is $3,000 provided in Community Development for community serv�ce needs, and $5,�00 prov�ded �n Parks and Recreation for recreationa1/cultural needs> neither fiqure has been delineated She further stated that the recommendation for �1,000 Fine Arts fund�nq came fror� the Human Resources Cor�rnssion and was aporoved by the Plamm �� Commtssion 7he Human Resources Commiss�on discussed pricrities for community needs by usinq the °�10,000 fiaure to breaN, �nto percentanes They also d�d discuss the $1,000 for Fine Flrts and, the �lam m �n Comnnssion recor�Mended that. Councilman Starwalt stated that the recommendation di�i not come fror� the Parks and Recreati�n Comr�tssion, and he believe that they should be involved in d�scuss�or� on this request. Counc�lman Fitzpatr�ck stated that he vias in favor of the $1,000 berng provided from wherever the Administration recommends Plavor Mee asked if there was a need �o identify it as a line tter� and '1s Konzak responded that she believed there was since it �s ,7ust $5,00� rhat has been set aside within that budget wtth no certain area earmarked MOTION by Councilman 5tarwalt that a line item be established �n the Parks and Recreation budqet for Fine Arts rn the ameunt of `l,f1f1� Seconded by Councilr�an Hamernik. Upor a vcice vote, al� votinn ave, �1a��or flee declared the motion carr�ed unanimously. i .��.i REGULAR COUPdCIL MEETIfIC OF SEPTEf1BER 27, 1976 Page 4 DFL REQUEST FOR USE OF COf1f10PlS PAP,K OfJ OCTOBEP. 23, 1976: Mr. �1arvin Brunsell sa�d that he had received a call and this request had b2en vai thdrawn MOTIOh by Counc�lwoman Kukowski to concur with the request for withdrawal. Seconded by Councilman Starwalt. Upon a voice vote, all vottng aYe, hlayor Plee declared the motion carried unanimousl� P10TIOM by Councilwoman Kukowski to receive the r�tnutes of the Planrinq Commission meeting of September 8, 1976 Seconded by Ccuncilman Star��ialt Uoon a voice vote, all voting aye, P1ayor Nee declared the r�ot7on carried unanimously RECEIUIflF THE f1IflUTES OF THE POLICE CIUIL SERVICE COMP1ISSION �1FETING OF SEPTEP1QER 15, 1976 f10TI0fJ by Counc�lwoman Kukowski to rece�ve the minutes of the Police Commtssion. Seconded by Councilman Hamerm k Upon a voice vote, all votinn aye, P1ayor Nee declared the motion carried unam mously RECEIVIPIG THE MIPIUTES OF THE CHARTER COP1f1ISSI0P1 P1EETIPdG OF SEPTE'iBER 20, 1976 REGARDING f10TI0P� by Councilr�an Fitzpatrick to rece�ve the m7nutes of the Charter Comm�ssion meeting of Sentember 20, 1976 Seconded by Councilwor�an Kukowski Upon a voice vote, all votina aye, Mayor Plee declared the motion carried unanimously MOTION by Councilman Namernik to set a public hearinn for Octo6er 18, 1976. Seconded by Council�NOman Kukov�ski Uoon a voice vote, all votin� aye, f1ayor Nee declared th� motion carried unan�mously COPJSIDERATIOPI OF A RESOLUTIOPI COfJFIRMING ASSESSf1EPJT FOR THE TP.EATP1EPIT APlD REhtOVAL OF MOTION by Counc�lwoman Kukowski to tab7e consideration of the resolut7on until the ner.t renular meetinn of October �4, 197E Secorded by Councilr�an Hamer m k. Upon a voice vote, all votinn aye, f1ayor flee declared the motion carried unanimously P,ESOLUTIOiI Pd0 99-1976 - AUTHORIZIflG APfD DIRECTIf1G THE SPLITTI�lG OF SPECIAL ASSESSr1EPlTS OfJ PART OF LOT 4, BLOCK 2, PAP,CEL 5D, EAST R/�f1CFl ESTATES 2flD AD�ITIOPI: MOTIOPJ by Councilman Starwalt to adopt Resolution �!0 99-1976. Seconded by Counc�lman Hamer m k. Upon a vo�ce vote, all votina aye, Playor fJee declared the motion carried unanimously. RESOLUTIOf� fl0. 100-1976 - AUTHORI7IPlG A�ID DIRECTING THE C0�1BINIPIC OF SPECIAL ASSESSMENTS ON LOTS 5 Af4D 6, PARCEL 875, LOTS 7 A"1D 8, PARCEL 590, LOT 9, PARCEL 895, APID LOT 10, PARCEL 900, 6L CY. E, RIVER VIEI�I HEIGHTS A�DITIOPI: P10TION by Councilman Counc�lwoman Kukowski carried unanimously CLAIMS Fitzpatrick to adopt Resolution No 100-1976. Seconded by Upon a voice vote, all votina aye, f1ayor PJee declared the motion h10TI0PJ by Councilman Hamernik to pay the Claim No's. 16837 - U076. Seconded by Councilwoman Kukowski Upon a vo�ce vote, all votina aye, �1ayor hlee declared the mot�on carried unanimously LICEflSES: MOTIOPJ by Councilwoman Kukowski to anprove the l�censes as subraitted and as on file in the L�cense Clerk's Office. Seconded bv Councilrian Starw�lt. Unon a voice vote, all voting aye, Mayor fJee declared the motion carried unaninously. Councilman Hamerm k asked if a license has been issued an th renard to A& 6 Chuck UJaqon, and h1r. Brunsell res�onded that he was not certain whether one had been issued LJ � � REGULAR COUNCIL MEETING OF SEPTEPIBER 27, 1976 COMMUNICATIONS; Paae 5 MINNESOTA HISTORICAL SOCIETY: FINAL DETERP1If�ATTOM OF PARK �EVELOPf1ENT PLAP! STFlTUS MOTION by Cauncilman Fitzpatrick to Seconded by Councilwoman Kukowski. �he motion carried unanimously �RECEIVING AT THF Tfl � '";,',J receive the commum cation dated Septerober 13, 1976 Uoon a voice vote, all votinn aye, Playor Mee declared PETITIOfJ NO 15-1976 - RESIDENTS OF HILLCREST DRIVE REQUESTING A STREET LIGFIT MOTI(1N 6y Councilwoman*Kukowsk� to receive Petit�on P�o 15-1476 for�street linht Seconded by Councilman Starwalt. Upon a voice vote, all votrna aye, Playor Nee declared the motion carried unan�mously. RECEIVING PETITION N0. 16-1976 - FOR STOP SIGNS BETWEEN HIGHWAY 65 AND P10NROC STREET ON 68TH AVENUE N E. ^ MOTION by Councilman Hamer m k� to receive and process Pet�t�on No 16-1976 requestinq stop sians * Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Playor Nee declared the motion carried unam mously AD�OURNMENT. MOTION by Councilwoman Kukowski to adjourn the meetina. Seconded by Councilman Hamern�k. Upon a voice vote, all votina aye, Mayor Plee declared the motion carried unanimously and the Regular hleetinq of the Fridley City Council of September 27, 1976 ad,7ourned at 8:47 p m. � Respectfully submitted, � ��� � �� . L.,� �, ,. � Dorothy Green Council Secretary ' Approved: l�/25/76 (as amended *as amended on 10i25J76 ��,��.� �--�-� Will�am J Nee hlayor