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04/11/1977 - 00014559,� u tY THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 11, 1977 The Public Hearing Meeting of the Fridley City Council of April 11, 1977 was called to order at 7•42 p.m by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA. Mayor Nee, Councilman Fitzpatrick, Councilman Hamerm k Councilman Schneider, and Councilwoman Kukowski None Councilman Schneider stated he wished to add an item under "New Business," "Receiving Petition and Consideration of a Street Liqht on Meadowmoor Drive." MOTION by Councilwoman Kukowski to adopt the agenda as amended. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Wee declared the motion carried unanimously. PUBLIC HEARINGS PUBLIC HEARING ON FINAL PLAT SUBDIVISION P.S #77-01, ARNAL ADDITION, BY ARNOLD AND ni �inni T/1CIJC r_rnironi i v i nrnrrn nT vim ncuTnni mrruiic ni r. MOTION 6y Counc�lman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously and the Public Hearing opened at 7:43 p m. Mr. Sobiech, Public Works Director, explained Berkeley Pump intends to construct a building on the site proposed in this plat. A building permit cannot be issued at this time as the property in question is now a parcel of a larger part of property. Councilman Schneider questioned if a park fee would be required Mr Sobiech stated there would be a fee charged as requ�red in the new ordinance. Mr Sobiech stated the necessary documents will be filed with the County Auditor so they will know what additions Berkeley Pump encompasses. Mr. Toews pointed out on the map the property which they own in response to a question from Councilman Fitzpatrick on how far thetr ownership of property extended. No persons in the audience spoke for or against this proposed plat. MOTION by Councilman Fitzpatr�ck to close the Public Hearing on consideration of the final plat Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 7 48 p.m. PUBLIC HEARING ON AMENDMENTS TO CHAPTER 405; CABLE TELEVISION FRANCHISE (PURPOSE IS TO CLARIFY AND UPDATE LANGUAGE IN CHAPTER � MOTION by Councilwoman Kukowski to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7 50 p.m. Mr. Sobiech stated the Chairman of the Cable Television Commission, Mr. Mark Scott, was to be present at the meeting, but had not arrived as yet. He stated these amendments are mainly housecleaning items to clear up some of the language. � , r � �a PUBLIG HEARING MEETING OF APRIL 11, 1977 PAGE 2 MOTION by Councilwoman Kukowski to table this item until Chairman Scott arrives or until the end of the agenda. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLI� HEARING ON STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION PLAN Mayor Nee opened the public hearing at 7:52 p.m Mr. Nick Garaffa, 6750 Monroe Street N.E., stated he would like, as part of the Council's reso7ution, an emphasis on mass transportation with weekend bus transportation between the ma�or shoppin9 centers, such as Northtown and Brookdale. He felt some mechanism should be considered as feeder transportation, such as mini-buses, to the ma�or bus routes. Mayor Nee stated the C�ty admim stration has drafted a proposed letter dated April 12, 1977 to Mr. James Harrington, Commissioner of the �epartment of Transportation, regarding this Transportation Plan, and proceeded to read the letter. No other persons in the audtence commented on the Transportat�on Plan. Councilwoman Kukowski the freeway and felt Transportation Plan. stated there is a problem w�th the 6arriers being �nstalled on this item should be raised in the Council's response to the With reference to page 2, paraqraph 5 of the April 12, 1977 letter to Mr. �ames Harrington, Councilman Hamernik felt the last sentence could be deleted with more emphasis placed on paragraph 6 regardinq the Northtown Brid9e Crossing He indicated he would like to avoid shifting traffic from East River Road onto Highway 47 (University Avenue). He felt the Council's response to the Transportation Plan is to contribute ideas towards a long-range comprehensive plan and felt the emphasts on the Northtown Corridor probably would be the best solution to some of the traffic problems existing in Fridley �Councilman Kukowski stated she favored emphasis on trying to get traffic off of East River Road onto Highway 47. Councilman Fitzpatrick felt Highway 47 was better constructed to handle a larger traffic flow rather than East River Road, but did not know how successful it would be to shift traffic to Highway 47. He stated there have been conflicting reports and pro�ections regarding traffic flows and suggested possibly obtaining further information. He indicated he would like to see traffic minimized through Fridley regardless of the route. Mr. Sobiech, Pu61ic Works Director, stated the data that was used in compiling the North- town Corridor Study has changed and several assumptions made at the time are no longer true. Since the study was made, Northtown was constructed, and the number of trips per day and the cars per family has changed. He stated to obtain accurate figures on traffic flow would 6e very difficult. Mayor Nee felt provision should be made for adding additional lanes for use 6y non-motorized vehicles at river crossings No other persons in the audience commented on the Transportation Plan. MOTION by Councilwoman Kukowski to close the publtc hearinq on the State of Minnesota's Transportation Plan. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:23 p.m. �PUBLIC HEARING ON RENELdAL ON-SALE LIQUOR LICENSE FOR WILLIAM F WEISS, SANDEE'S INCORPORATED, 6490 CENTRAL AVENUE NORTHEAST: MOTION by Councilman Schneider to waive the readtng of the Public Hearing notice and open the Publtc Hearing Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously and the Public Hearing opened at 8:25 p.m. Mr. Quresht, City Manager, stated the ordinance provides for a pu6lic hearing on renewal of liquor licenses and stated the administratton had no adverse comments tn regard to renewal of the liquor license for Sandee's. The requirements of the ordinance are met regarding the ratio of food sales in relation to liquor sales. wl , PUBLIC HEARING MEETING DF APRIL 11, 1977 PAGE 3 Councilwoman Kukowski inquired if there was a certain date in which they must comply with the sprinkler system requ�rement. The City Attorney, Mr. Herrick, stated when the ordinance, coverinq the requirement for sprinkler systems was adopted in 1975, there were three provisions covering new construction; existing establishments that had applied for a liquor l�cense, and those estab7�shments who were �n possess�on of a liquor license. He stated Sandee's would come under the third provision of the ordinance and had three years from the adoption of the ordinance to install a sprinkler system so this requirement would not have to be met unt�l April 30, 1978. Mayor Nee requested further information from the Fire Department and the owner regarding this requirement as far as the necessity and the costs involved. Mr. Sobiech, Public Works Director, stated several months ago a proposal was submitted to the Council regarding the addition of a copper life safety sprinkler system. He stated any existing structure could possibly utilize this system without too much expense. The City staff was requested to check into this matter further with a report back to the Council. No persons in the audience spoke for or against this license renewal. MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Hamernik. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing was closed at 8:28 p.m. PUBLIC HEARING ON RENEWAL ON-SALE LIQUOR LICENSE FOR GE( D. NICKLOW, GEORGE IS IN r MOTION by Councilman F�tzpatr�ck to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a votce vote, � all voting aye, Mayor Nee declared the motion carrted unanimously and the Public Hearing opened at 8 28 p.m Mayor Nee stated there were no adverse comments from the City administration regarding this license renewal other than the fact they are not in compliance with the ordinance regarding the ratio of food sales as opposed to liquor sales He stated the applicant indicated they bel�eved they would be able to meet the requirements of the ordinance once the bridge is open again in Minneapolis The City Attorney, Mr Herrick, stated the ordinance does exceed the State Statute in that Fridley requires a certain portion of the income has to be from the sale of food. The State Statute requires only a minimum seating capacity and facilities for serving food. He felt a determination should be made by the Council if they desire to keep the present ord�nance requirement regarding the percentage of food sales in relation to liquor sales, or to change the ordinance for compliance with the State Statute He felt there could be a different license fee charged for establishments who primarily served food as opposed to those who have greater l�quor sales. Councilman Fitzpatrick felt the State Statute was modified greatly and the City is basically approaching a situat�on of a bar serving food. Counciiwoman Kukowskr felt the applicant should recelve a specta7 notice in writing of the public hearing so that he could be present to answer any questions. Councilman Schneider felt it would be helpful to know what actions George Is In Fridley is planning to take �n order to bring them into compliance with the ordinance. No persons in the audience spoke for or aqatnst this application for renewal. MOTIDN by Councilman Schneider to continue this public hearing until the next Council meeting on April 18 and instruct the City staff to notify representatives of Gec�rge Is In Fridley of the Council's act�on. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously � � L�I �I , �. PUBLIC HEARING MEETING OF APRIL 11, 1977 PAGE 4 PUBLIC HEARING ON RENEWAL ON-SALE LIQUOR LICENSE FOR WALTER W CURCIO, GROUND ROUND 5277 CENTRAL AVENUE NORTHEAST: MOTION by Councilman Schneider to waive the reading of the Public Hearing not�ce and open the Public Hearing. Seconded b� Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:45 p.m. Mayor Nee stated the City admintstration has no adverse comments regarding this license renewal. The requirements of the ordinance are met regarding food sales in relation to liquor sales. No persons in the audience spoke for or a9ainst this application for renewal. MOTION by Councilwoman Kukowski to close the Public Hear�ng. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:46 p.m. PUBLIC NEARING ON RENEWAL ON-SALE LIQUOR LICENSE F�R ��lILLIAM A. NICKLOW, SHOREWOOD INN INCORP�RATED, 6161 HIGHWAY #65 NOR7HEAST: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing was opened at 8:46 p.m Mayor Nee stated the City administration has no adverse comments regarding the license re�ewal. The requirements of the ordinance are met regarding food sales in relation to liquor sales. No persons in the audience spoke for or against this application for renewal. Councilman Schneider asked if the parking requirements were met Mr. Qureshi, City Manager, explained these requirements were met before the addition, however, the City sold this property and was aware there was a parking problem. Mr. Nick Garaffa, 6750 Monroe Street N.E., questioned if it was possible the percentages could be wrong regarding food sales vs. liquor sales Mayor Nee felt it was unlikely as these are audited figures submitted by independent auditors. MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:55 p.m. IC HEARING ON RENEWAL ON-SALE LIQUOR LICENSE FOR WILLIAM G.GOTTWALDT, MAPLE LANES ni r i nmrc nrcTrtimnnrr catn urrui.mv uc� n�nn�rnrncr. MOTION by Councilman Fitzpatrick to waive the read�ng of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the Public Hearing opened at 8:55 p.m. Mayor Nee stated there are no adverse comments from the City administration regarding this application for renewal. The ordinance requ�rements are met regarding food sales in relation to liquor sales. No perso�s in the aud�ence spoke for or against this appl�cation for renewal. MOTION by Councilman Hamernik to close the Pu61ic Hearing. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:56 p.m. � L� PUBLIC HEARING MEETING OF APRIL 11, 1977 PAGE 5 PUBLIC HEARING ON RENEWAL ON-SALE WINE LICENSE FOR ROBERT HENRY SCHROER, CABALLERO SANDWICH SALOON, 7610 UNIUERSITY AUENUE NORTHEAST: MOTION by Councilman Schneider to waive the reading of the Public Hearinq notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:56 p.m. Mayor Nee stated no adverse comments were received from the City admintstration regarding ' this license renewal. This wine license application does not come under the ordinance regarding the percentage of food sales vs. liquor sales. No persons in the audience spoke for or against this application for license renewal MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8•57 p.m. NEW BUSINESS: RECEIVING REPORT REGARDING BIKE SAFETY PROGRAM Mr. Quresh�, City Manager, stated the Council was interested in what the City is doing regarding bike safety. He stated mater�als have been distributed to the Council which outline what is being done in this area and that it is essentially an educational safety program with more emphasis placed on education rather than strict enforcement. He explained what is being done at the schools to promote bike safety for grades two through six Mr. Qureshi stated if the Council felt more concentration should be given in the enforcement area, they would come back with options for them to consider. Councilman Hamer m k indicated he hated to issue citations to bike riders, but was open � to suggestions as to how to encourage the young people to obey the traffic signs. He felt perhaps the education should be reinforced with enforcement. Councilman Schneider su9gested perhaps a periodic intense enforcement might be helpful Councilman Fitzpatrick felt, in view of the fairly intensive educational program and the low record of bike accidents in the City, the City staff might continue to be aware of any other programs that could be added in terms of education. Councilwoman Kukowski indicated she had worked with the bike rodeos for the past several years and the youth are very knowledgable, 6ut they do not know on what side of the street to ride their bikes She felt if the Police Officers would emphasize this when the rodeos are conducted, it would be very helpful. Mr. Qureshi stated stenciled arrows and signing is proposed this year in con�unction with stripping for bicycle lanes. Councilman Hamerm k stated residents on 7th Street have indicated a concern about abuse of the traffic laws by bicyclists. Mr. Qureshi suggested some siqning for bicyclists regarding obeying of traffic laws may be helpful. Councilman Hamern�k stated he would like to see more o6servance of the traffic laws by the bicyclists, and would like the administration to give consideration as to ways � in which improvement can be made for better observance of these laws. Councilwoman Kukowski suggested a communication be sent to the school principals and this information periodically given over the PA system to remind students of bicycle safety and traffic laws, MOTION by Councilwoman Kukowski to receive the report from the City administration regarding the 6ike safety program. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � PUBLIC HEARING MEETING OF APRIL 11, 1977 PAGE 6 RESOLUTION N0. 39-1977 - RECOMMENDING RENAMING BANFILL'S ISLAND TO BRECK'S ISLAND: MOTION by Councilwoman Kukowski to adopt Resolution 39-1977 Recommending Renaming Banfill's Island to Breck's Island. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLl1TI LAKE RES N0. 40-1977 - IN SUPPORT OF SENATE FILE 793 IUSE FILE 1092) IN REGARD TO MOTION by Councilman Fitzpatrick to adopt Resoiutton No. 40-1977 In Support of Senate File 793 (House File 1092) in Regard to Lake Restoratton and Improvement and circulate this Resolution to the Legislature. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. DISCUSSION REGARDING LOCATION OF GARDEN PLOTS: Mr. Quresh�, City Manager, stated information was given to the Council regarding the pro9ram of garden plotsfor Fridley residents. He stated one location considered was on the west side of the railroad tracks �orth of Mississippi Street and east of Ashton Street, w��ich is tax forfeited property; however, property owners in this area were not in favor of such a program on this property. Their ma,7or concern was the traffic that would be generated 6y this activity. Mr. Qureshi stated an area of Locke Park was then considered. Dr. Boudreau , Parks and Recreation Director, has tndicated the soil conditions could be made useable for garden plots. However, this locat7on is more isolated and could be a potent�al for vandalism. Dr. Boudreau stated the City has had two inquiries into the garden plot program and felt the location in Locke Park would serve the purpose. Mr. Qureshi stated the question is whether the Council wishes to use the location in Locke Park on a trial basis for this year, if there is suffic�ent interest in the program. Mr. Alex Barna, 560 Hugo 5treet N E., suggested the area of Riversedge Park would be ideal for gardening. Mr. James Regan, 16 N.E. 66z Way, stated residents in the Ashton area were going to submit a petition, if this area was considered for this program, but were advised the City would not consider this site because of the adverse reaction received from the residents MOTION by Councilwoman Kukowski to approve the Locke Park location for garden plts, if there proves to be a demand for this service. Seconded by Counc�lman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATIONS: CONSI�ERATION OF CORRESPONDENCE TO MINNESOTA DEPARTMENT OF TRANSPORTATION PROVIDING CITY OF FRI�LEY INPUT ON THE TRANSPORTATION PLAN: Mayor Nee stated this item was dtscussed under the public hearing on the Transportation Plan and the staff is to redraft a letter for the Council's consideration RECEIVING PETITION N0. 3-1977 REQUESTION INSTALLATION OF A �USK-TO-DAWN STREET LIGHT IN THE MI�DLE OF BLOCK ON MEADOWMOORE DRIVE• ! �� MOTION by Councilman Schneider to receive Petition No 3-1977 for a street light �on Meadowmoore Drive. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. Councilman Schneider stated residents have had problems with vandalism in th�s area and have petitioned for a street light. He requested the City staff to make an investi- gation and recommendation in this matter. PUBLIC HEARING ON AMENDMENTS TO CHAPTER 4D5; CABLE TELEVISION FRANCHISE i Mr. Sobiech indicated he had tried to contact Mr. Mark Scott, Chairman of the Cable Television Comonission, but was unable to reach him. ,�, PUBLIC HEARING MEETING OF ,4PRIL 11, 1977 This public heartng had been cont�nued earlier rn the meeting until Mr. Scott's appearance or until the end of the agenda. PAGE 7 MOTION by Councilman Fitzpatrick to consider this item which was continued from earlier �n the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. No persons �n the audience spoke regarding these proposed amendments. The Counc�l reviewed these proposed amendments and indicated some of the numbering of a section would have to be changed as this section is misnumbered The Council was advised these items would be reviewed when the amendments are put into ordinance form for the Council's action. ' MOTION by Councilwoman Kukowski to close the public hearing on the proposed amendments to Chapter 405 Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 9 55 p.m. AGENDA - SHOWN ON CABLE TELEVISION DURING THE COUNCIL MEETINf: Councilman Schneider requested that the City staff check to see if it would be possible to have the agenda index shown periodically over Cable Televtsion during the Council meeting A��OURNMENT: MOTION by Councilwoman Kukowski to ad�ourn the meeting. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing meeting of the Fridley City Council of April 11, 1977 adjourned at 9•57 p.m. Respectfully submitted, , , p � —i��� �.��'% j`� ��%G�i Carole Haddad Secretary to the C�ty Council Approved: ��i�K�'� William J. Nee Mayor ' ,