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10/04/1976 - 00014708T r �.. U � i � THE 41INUTES OF THE REGULAR PIEETIPJG OF THE FRIDLEY CITY COUPlCIL OF OCTOBER 4, 1976 The Regular f^eetinq of the Fridley City Council of October �, 1976 was called to order at 7 39 p m by P1ayor Plee PLEDGE OF ALLEGIAPJCE P1ayor Nee led the Counc�l and the aud�ence in sayinn the Pledne of Allegiance to the Flag ROLL CALL: MEP1BERS PRESEPdT f1Ef1�ERS A65EPdT ADOPTION OF AGEf1DA� Councilman F�t?patrick, Councilman Starwalt, Councilwoman Kukowski, Councilman Hamermk, and �iayor Plee PJone f10TI0hl by Councilman Start�alt to adopt the anenda with the addtiion of an item• "consideration of abatement at 65D Ely Street Pl.E.". Seconded by Councilwoman Kukowsk�. Upon a voice vote, all vot�nq aye, D1ayor Plee declared the motion carried unam mously. OPEP! FORUf�1. VISITORS No one from the audience wished to address the Council. PUBLIC HEARIfJG• PUBLIC HEARING ON FIf!AL ASSESSP1EPIT ROLL FOR STORPI SEPIER IPIPROVEPIENT PROJECT P10 12Q 10TIOP! 6y Councilman Fitzpatrick to wa�ve the readinn of the Public Hearing notice and ooen the Public Hearma Secondetl by Counci7ivoman Kukowski Urbn a voice vete, all votrng a�e, Playor flee declared the motion carried unanimously antl the Public Hearinq opened at 7 41 p m P1r Dick Sob�ech, Public blorks Director, then led the discussion statinq that this was a final assessment roll for Storm Sewer Imnrovement Pro,7ect No 12D tvhich consisted of storm sewer p�pe installation and some qrading on some tax forfeit properties generally located at 52nd Avenue and Pierce and Fillmore Streets. This 7mprovement was initiated at the request of Anoka County in order to improve these tax forfeit properties in ant�cipation that upon �mprovement they would be placed for nublic sale and for future development 41ith this in mind, the City staff U�arked with Anoka County to perform the qradrna and installat�on of storm sewer �ipe. Mr. Sobiech also nointed out that the assessment per lot resulted in an approx�mate finure of $771.19. Playor Pdee asked if there were any questions and there was no response. MOTION by Councilman Starwaii to close the Publ�c Hear�nq. Seconded by�Councilwoman Kukows!<i. Upon a voice vote, all votinq aye, P9ayor Nee declared the mot Gn carried unam mou�ly and the Public Hear�ng closed ai 7 4n p.m. OLD BUSINESS• ION NO 701-1976 - CONFIRf1IMC, ASSESSPIEPIT FOR TEIE TREATME4IT APIQ REMOVAL OF in�c�Tnni rn crnTrnnnr_n o� �mc Mayor Nee stated that there was a public hearinct on the matter and asked if anyone had any questions regard�ng ±he su6,7ect P1r. 4Jil7�am Tonco, 5925 Hackmann Avenue, stated that reqardinq h�s prooerty, the tree that a�as planted is a boulevard tree and not h�s resp�nsibility. P1r Plasim Oureshi, City P1anager, stated that the City did not orim nally plant the tree; however from the the information he had, the tree was planted 18 inches inside the nroperty and before the tree was removed, the ma�ority of the tree was on P1r Tonco's pro�erty P1r. Qureshi asked Dr �an Huff, Naturalist �epartment, if the proper procedure was followed in the removal of the tree and Dr. Huff resnonded that �t was Dr. Huff statetl that the tree was olanted by the developer and tY�at this was simply a mistake ' r � , REGULAR COUNCIL P1EETIfJG OF OCTOBER 4, 1976 PAGE 2 in plann�ng since tt was planted on private property Playor Nee stated that he believed the City had a certain responsibility in the matter and asked Mr. Tonco how he would feel about a fifty-ftfty payment split and he commented that it would be better than noth�ng. MOTION by Councilman Starwalt to approve the assessment cost of the particular tree in question being split one half by Mr Tonco and one half by the C�ty Seconded by Counctlman Fitzpatrtck. Upon a voice vote, all votinn aye, Playor Nee declared the motion carried unan�mously Mayor Nee asked if there were anu further discussions re�ardin� the matter and P1r. Steven Wieber, 6005 5th Street Pl E, spoke statinq that he attended the public hearing the week before and voiced his opinion in opposition of h�s being assessed. Counctlman Hamerntk then proceeded to comment that after some d�scussion an th Mr Wieber, it was his position that the City followed the normal procedures in carry�no out an assessment such as this, and the fact was that not�ficatton was sent to the former owners Councilman Hamernik stated that he indicated to P1r Wieber that he hoped Mr. Wieber would handle this as an assessment aqainst his property Mayor Nee then asked P1r, Virgtl Herrick, City Attorney, his opim on reqardinq this and P1r. Herrick stated that if valid notice was niven to the property owners vrho own the property at the time, that would be btndinq on anyone who buvs the prooerty He further pointed out that tt is the oblination of the person that �s sellinn the nroperty to notlfy the person who ts 6uy�ng �t, and that P1r. Ulieber may have a c�aim aga�nst the former owner, but he didn't think Mr, 4Jieber had a claim anainst the City P1ayor tJee commented that the tree was red marked, however, �1r ?�lieber stated that he did not not�ce the trees when he bought the house Mr. Herrick asked f1r Nheber tf he knew where the former owners were livinn and he commented that the realtor informed him somewhere tn Ohio. However, there was a sister liv�nn in trnnrr. Dr Huff asked Mr Wteber ta+hy he did not contact the City and inquire who was aoing to pay for the removal at the time the tree was removed Playor Mee then qave P9r blieber a copy of the research that was done. P1r_ Brursell, Finance Director, uraed the Council to adopt the resolution at this time and satd the Counc�l could always take action between now and November 15th, or sometime thereafter, reaarding the assessment, as this was the last meeting and his offi ce was required to certify the charaes to the County by October 10, 1976. Councilman Hamernik stated that he would be in favor of this P9ayor Nee stated that if further interaction by P1r Wteber was to be done, perhaps an amendment could be made in the next few weeks and to advise Councilman Hamern�k of any details. MOTION by Councilman Starwalt to adopt Resolution P!o 1D1-1976 Seconded by Councilr�an Fitzpatrick. Upon a voice vote, all voting aye, f�ayor Plee declared the motion carried unanimously. NEUI Bl1SIPlESS CONSIDERATIDN OF FIRST READING aF AN ORDIP vrnn irn�. E ADOPTIPI6 THE BUDGET FOR THE FISCAL MOTION 6y Councilman Hamerm k to waive the readmq and adopt the ordinance on the first reading. Seconded by Councilwoman Kukowski Upon a voice vote, all votinn aye, P1ayor Plee declared the mot�on carr�ed unan�mously. RESOLUTION N0. 102-1976 - SSITY OF AND PROUIDIMG FOR A TAX LEVY MOTIGN by Counc�lwoman Kukowski to adopt Resolution No 102-1976 Seconded by Counc�lman Starwalt. Upon a voice vote, all votinn aye, hlayor Plee declared the motion carried unanimously RESOLUTION f,10. 103-1976 - CERTIFYIMG TAX LEVY REQUIREf1EP1TS FOR 1977 TO THE COUNTY MOTION by Councilman Starwalt to adopt Resolution No 103-1976. Seconded by Councilman Hamerm k Upon a voice vote, all votina aye, Mayor PJee declared the motion carried unanimously. i . � V y!� REGULAR COUNCIL MEETING OF OCTOBER 4, 1976 PAGE 3 ISCUSSION REGARDING POSSIBLE h1EETING 01= CITY COUNCIL 41ITH DISTRICT PlQ. 14 SCHOOL BOARD � nrcriicc Trrnnc nr rnnoronTrnni n�in rnnannnm TniTrorcT. P1r. Quresh�, C�ty Manaqer, stated that there were a number of areas whereby they are cooperating with the school board and school admim stration and perhaps a meetinq of the City Council and school board to explore the areas of further cooperation and future policy direction would be helpful. Councilwoman Kukowsk� then suqaested a meeting � date somet�me in November Councilman Fitzpatrick stated the meetinn dates of November 4th and 18th would be acceptable. P40TION by Councilman Fitzpatr�ck directinn the City P1ana�er to forward the letter to Chairman Sangster of the School Board. Seconded by Councilwoman Kukowsk� Upon a votce vote, all votinq aye, P1ayor Nee declared the motion carried unan�mously. RECEIVIPdG THE MINUTES OF THE PLAPIPlIPlG COPIPIISSION MEETIPJG OF SEPTEP�6ER 22, 1976: E. R. SWANSON, ZOA k76-03, 73RD AVENUE & CEP�TRAL MOTIDN by Councilman Starwalt to set the matter for Public Hearinq on flovember 8, 1976 Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CEPlTRAL TOWNHOUSE A��ITION; P S. ,#76-08, E SbJANSON AND TDWP�HOUSE DEVELOPMENT PLAflS, T #�76-03� h10TI0N by Counc7lman Siarwali to set the matter for Pubiic Hearing on November 8, 1976 Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, D1ayor Nee declared the motion carried unam mously. E P1ADSEN; L S #76-06, 2�16 RICE CREEK BLUD Pir Sobiech, Public 4Jorks Director, stated that this was a request by h1r. Madsen to ' split existing parcels of property at 250 Rice Creek Boulevard. He further pointed out that the reason for the request for the lot split is to better describe the property line in its relation to some existinq dwellings. The Planning Commission recommended approval of the lot split request with the stipulation that an aqreement be provided by the property owner f1r. Sobiech then asked tf there was a representative present, and Mr. Madsen stated tha± he had nothing further to add -- only that it is a mutually agreeable s�tuation between Mrs P1urphy and himself. MOTION by Councilman Hamernik to approve the lot spltt Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unam mously. F � VOTH, L S. #76-07, 5801, 5805-5809 ARTHUR STREETS: P1r Sobiech, Public Works Director, stated that th�s was a request for a lot split to portion off a large parcel of property in three building sttes,and the Planning Commission did recommend approval. MOTION by Councilman Starwalt to approve the lot split, allow the buildinq permit on lot two and after he works w�th the property owner and prospective buyer to resolve• (1) the garage encroachment, (2) the 20 foot street easement, and (3) the ownership of the shed on park property, then allow the permit on lot one Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all vot ma aye, P1ayor Nee declared the motion carried unanimously. � COPJSIDERATION OF APPEALS COP1P1ISSION MINUTES OF SEPTEMBER 15, 1976 f1 P1AYER, 7431-7433 A6LE STREET: MOTION by Councilman Hamernik to concur with the recommendac�on of the Appeals Commission and grant the variance. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, D1ayor Plee declared the motion carried unam mously MDTIOP! bv Councilman Starwalt to receive the minutes of the Planninq Commission meeting of September 22, 7975. Seconded by CourcilUro man Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously _1, �'-11 finn� REGULAR COUNCIL MEETING OF OCTOBER 4, 1976 PAGE 4 CONSIDERATION OF ACQUIRING TAX FORFEIT PROPERTY ADJOIMIPIC PlORTH INNSBRUCK PARK AND TRANSFERRING PARK PROPERTY ALDPJG RICE CREEK EAST OF CENTRAL TO AP10KA COUf1TY� Mr. Quresht, City Manaqer, stated that on the proposal for the property that is east of Central along Rice Creek, basically the amount the City is asking the County to pay for �s what the City's cost for the property is, which works out to be $9,062 79 Also, on the acquisition of tax forfeit properties next to Innsbruck North Park, the proposal �is to acquire all the property except only acqutre 12 feet access easement on Lot l, Block 1, Carl Peterson Addition Councilman Starwalt indicated maybe we should acqu�re that lot also and then later make a determination to sell portions of Lot l, Block 1, Carl Peterson Addit�on, also Lot 42, Auditors Subdtvision #92, and also acquire all these lots outright so that any of these properties can be sold, especially these two lots Mr. Qureshi indicated that once the property is acquired, there miqht be some resistance from the people to sell these propert�es because they would thtnk the Gity was dispos�ng of some park property, even though the City is buyrnq these propei°ties with the intention of sell�ng it, and this route might be financially 6etter for the City to follow MOTION by Councilman Starwalt to approve the Memorandum of Understandrnq unth the addition of Lot l, Block 1, Carl Peterson Add�tlon, and the amendment of the assessment figure to $9,318.82. Seconded by Counc�lman Hamer m k Unon a voice vote, all vot�nq aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF AN AGREEPIENT QETWEEN THE P1INNESOTA DEPARTPIEPlT OF NATURAL RESOURCES AND THE CITY FOR THE INSTALLATION OF AN ARTIFICIAL AERATIOPI SYSTEPI APlD A FISHING PIER P40TION hy Councilman Starwalt to approve the agreement, Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Plee declared the motton carried unanimously. � CONSIDERATION OF A REQUEST FOR FUNDS TO SUPPORT THE NORTH SUBURBAfJ FAPIILY SERUICE CEPJ7ER• MOTION by Councilwoman Kukowski to table the matter until the next meet mg. Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, Playor Nee declared the motion carried unanimously. GONSI�ERATION OF REQUEST BY COUNCILP1ED16ERS KUKOWSKI AND HAP1ERNIK T� ATTEND THE NATI�NAL LEAGUE OF CITIES 1976 COPJGRESS IN DENVER, COLORADO, PlOVEP1BER 28 - DECEPIBER 1, 1976 MOTION by Councilman Fitzpatrick to approve the attendance of both councilmembers at the conference. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously RESOLUTION N0. 104-1976 - SET7ING AN ELECIIOPJ FOR COUNCILMEPIBER - WAR� II MOTION by Councilman Fij,�patrick to adopt Resolution No 104-1976. Seconded by Councilwoman Kukowski. Ufbn a voice vote, all votinn aye, Mavor Nee declared the mot�on carrted unanimously. RESOLUTIGN N0. 105-1976 - DESIGPJATIPJG POLLIN6 PLACES AND APPOINTING ELECTION JU�GES FO° THE NOVEMBER 2. 1975 GENERAL ELECTIOfJ: MOTION by Councilman Starwalt to adopt Resolution No 105-1976 Seconded by Councilwoman �Kukowski Upon a voice vote, all votinq aye, Mayor Mee declared the motion carried unanimously. MOTIOPJ by Counctlman Starwalt to amend the pay for election ,7udges to �3 for head ,7udges and $2.50 for regular ,7udges Seconded by Councilman Fitzpatrick Uoon a voice vote, all voting aye, P4ayor Nee declared the motion carried unam mously N0. 106-1976 - APPROVIPlG P1HD FINAL CONSTRUCTION PLAMS FOR TRAFFIC fJOISE , I.694 FROP1 P1AIN STREET TO 7TH STREET MOTION by Councilman woman Kukowski Upon unanimously. Fitzpatrick to adopt Resolution No 106-1976 Seconded by Council- a votce vote, all votina aye, flayor Nee declared the motion carr�ed � ¢3 _,� REGULNR COUNCIL MEETING OF OCTOBER 4, 1976 PAGE 5 RESOLUTIOPJ N0. 107-1976 - CONFIRf1IPJG ASSESSMEP�T FOR STORP1 SEWER IP1PROVEP1ENT PROJECT nin � on. MOiION by Counc7lman Starwalt to adopt Resolution Plo 1�7-1�76. Seconded by Council- woman I<ukowski Upon a voice vote, all votinn aye, f�ayor Nee declared the motton ca�°ried unantmously LUTIOPJ N0. 108-1976 - CERTIFVIfJG CHARGE� TO THE COUflTY AUQITOR TO BE LEVIED AGAIP! nTni oonoroTTrc rno rni I CfTT/1M i.iTru Tur Tnvrc onvnni r roi in�� i.irrnc . P90TION 6v Counc�lman Hamernik to adont Reso;ution No. 108-19?G. Seconded bv Councilman Starwalt. Upon a voice vote, all votinn aye, f1a•,ror fJee declared the motion carried unanimously Councilman Starwalt stated that he would like to recommend that a mim mum admim strative cha�°qe be considered before next �iear. i ESOLUTION N0. 109-1976 - CERTIFYIMC CERTAIfI DELIP�QUEflT IIATER API� SEI�IER CHARCES TO THE COUNTY AUDITOR FOR COLLECTIOfJ�!ITH THE 1977 TAXES P10TIOPJ by Councilwoman I<ul:owski to adont Resolution "lo. 109-1976. Seconded by Councilman Starwalt Unen a vo�ce vote, all vo*rna aye, f1ayor flee declared the motion carried unanimously CLAIP1S• f10TI0Pl hy Councilwoman Kukowsl:i to nay the Clair�s �Jo's. 17077 - 17188 Seconded by Councilman Namernik. Upun a voice vete, all votinn aye, "1ayor Plee declared the motion carried unan�mously LICEPaSES MC'TIOPJ b�i Councilman SYarwalt to apnro•oe the licenses as submitted �nd on file in the License Clerk's Office Seconded by Counctlman Hamernik Upon a voice vote, all votrna aye, P9ayor fJee declared the mot�on carried unanimously CONSIDERATION OF ABATEP1E�lT AT 650 ELY S7REET fl.E P1r Qureshi, City P1anaaer, stated that a complaint had been filed anainst this nroperty for clean-up and there was a conviction, but the conviction had been aonea7ed by the oronerty owner and the a�neal will Le heard in Plovember , , P�OTIO�a b�� Councilr�an F�tznatrick to seek a declarator,y 7udnment to find 65(' Ely Street P9 E. a public ��uisance and au*horizz abacement Seconded bv Councilman Namernik Upon a voice vote, all votinq aye, Mavor Plee declared the motion carried unanimousl,y. �DJOURfJf1ENT P10TIOf1 by Counc�lrian Namerm{; to ad,7ourn the meetrn�. Seconded by Counctlman Fitz�a*r�ck Upon a voice voie, all vetinn aVe, f1a!ior fJee dec]ared the motion carried unamriously and the Rehular �1eetinq of the Fridley Crty Council of October 4, 1976 ad,7ourned ai 9•34 p m. Respectfullv subm�tted, ��� � �� Dorothy C Green Council Secretary Approved: October 25, 1976 �i('C�il�'�- 6�lill�am J. Plee f1ayor \ 1