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01/23/1978 - 00014282°'r S� `� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 23, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:30 p m by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience �n the Pledge of Allegiance to the Flag. ROLL CALL- MEMBERS PRESENT: Councilman [3arnette, Councilman Schnetder, Mayor Nee, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES REGULAR P4EETING, JANUARY 9, 1978• Councilman Schneider requested a correction on Page 3, the fourth paragraph from the bottom of the page by changing the word "Council" to "General" and adding the words "as budgeted" after the word "fund". MOTION by Councilman Schneider to approve the minutes as amended. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PRESENTATION OF AWARDS: CERTIFICATE OF APPRECIATION: W.R. (WALT) STARWALT - SUBURBAN RATE AUTHORITY Mayor Nee stated a certificate of appreciation was to be presented to Mr. Wal Starwalt for his services on the Suburban Rate Authority, however, he was un- able to attend the meeting and requested this certtficate be forwarded to him RECEIVING CERTIFICATE OF CONFORMANCE FOR 1976 FINANCIAL STATEMENTS: AND ACCDUNTING ACHIEVEMENT AWAR� TO MARVIN BRUNSELL: Mr. Lyle Haney, State Chairman of the Mun�cipal Finance Officers Association, appeared before the Council to present a Certificate of Conformance for 1976 Financial Statements. He stated this certificate is the highest recognition available for financial recording in municipalities and that the City's financial statements for 1976 have met the high standards in order to receive this certificate. Mayor Nee extended congratulations to Mr. Brunsell and the City Manager for earntng this certificate. Mr. Haney also presented Marv Brunsell with an award for financial achievement. He stated this distinction has been earned only 14 times in the State of Minn- esota and �t was a great honor to make this presentation. Mr. 2runsell extended thanks to his staff for their help and stated he apprec- iated the Municipal Finance Dfficers Association and ihe Certified Public Accountants providing the funds to set standards so that cities can strive to meet these. Mayor Nee thanked Mr Haney for coming this evening and mak�ng the presenta- tions ADOPTION OF AGENDA: MOTION by Councilman Hamernik to adopt the agenda as presented Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously OPEN FORUM, VISTTORS: There was no response from the audience under thts item of business. ' , 1 REGULAR MEETING OF JANUARY 23, 1978 OLD BUSINESS. DERATION OF RECEIVING BIDS � PAGE 2 IMAL CONTROL SER- Councilman Barnette stated he has talked with Pat Buckley regarding this item and asked him for his comments. Pat Buckley stated he is �n the process of talking with the Police Chiefs and � getting their �deas regarding a Humane 5ociety for Anoka County. He felt, if such a Society was orga m zed, it would be beneficial to have the contract for animal control services given to Blatne Midway, as it is located in Anoka County. � � MOTIDN by Councilman Hamernik to receive the bids as follows and award the bid to MAPSI for animal control services for 1978 Seconded by Councilman Schneider. Blatne P�idway, A71 Pets Inc. MAPSI VENDER AND ADDRESS• 10911 Radd�son Rd. 506 llth Ave. No Blaine, MN 55434 Mpls., MN 55411 BID BOND OR PER- 5% of Btd - Auto Owners Ins Co., �500.00 Money Order-- FORMANCE BOND Lansing, Michigan Northeast State Bank PRICE PER HOUR PER AP�1BULANCE (�12-A in SPECS) PRICE FOR EACH 24 HOURS OR FRACTION (#12-B IN SPECS) PRICE PER EACH ANIMAL (�12-C in SPECS) PRICE PER CALL (kl2-D �n SPECS) PRICE PER HOUR PER AM- B�LANCE (�12-E IN SPECS) GOP�MENTS $9.50 3.00 No Charge 9.50 9.50 Ltvestock 12.50 9.25 3 00 5.00 10 DO lO.OD Mr. Bill Gordon, representing MAPSI, stated he was in attendance to answer any questions the Council may have regarding their services. P1r. Jtm Hill, Public Works Director, stated he talked with Chief Anderson of Columbta Hetghts and they have Blatne Midway for the�r antmal control services. Mr. H�11 stated he felt either organ�zation, MAPSI or Blaine Midway, would serve the City equally well. He pointed out that Blaine Midway operates on an on- call basis and MAPSI on the patrol basis. Mr. Hill felt, however, the City should not change from the philosophy of having the patrol service lie stated there were b63 anima1 complaints for the City for 1977 and since Che ftrst part of this year, they have received 30 complaints, despite the cold weather. Mr. Hill felt the matter of a Humane Society was not germane to the issue re- garding the bid and stated there are certain procedures to be followed, according to State statute, in organizing a Humane Society UPON A VOICE vOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motton carried unanimously. ORDINANCE N0. 668 FOR SALE OF REAL ESTATE P10TION by Councilman Schnetder to waive the second reading of Ordinance No 668 and adopt it on the second reading and publish Seconded by Councilman Fitz- patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously )J /h'i ! L.. -F REGULAR MEETING OF JANUARY 23, 197�3 CONSIDERATION OF FIRST AT 7899 EAST RI PAGE 3 NG ORDINANCE AMENDf+lENTS MOTTON by Councilman Fit�pa±rick to wa�ve ±he readin9 and apnrove the ord�nance upon first reading. Seconded hy Counrilman Hamerm k. Upon a voice vote, all �oting aye, Mayor ��ee dec�ared the motien carried unan�mous]y. CONSIDERArION OF FIRST READTNG QF AN ORDINANCE FOR ZOfJIN� OR�]INAfJCE AMENDMENT Mr. Sobiech, Public Works D�rector; stated this is a request by Sundtal Realty to rezone property from R-3 to CR-1. He stated a public hearing was held last week and there were no oh,7ections from the general p!�bl�c. Mr. Snbiech stated sevPra7 items were discussed at the public hearing includ�n; the park fee and at the time of second reading, the Council would consider anproval of a lot split, Mr, Sobiech stated the park fee would be $380. Another item discussed was the potent�al extension of Polk Street anc� the City would reauire the easement and funds to be esr_rowed for this extension. Mr. Sebiech stated the estimated cost to Sundial Realty for th�s extensian would be about $7_,350. Mr. Sob�ech stated there was also discussion that there should be no variances to the existinn Si�n Ord�nance and he stated, before second reading of the ord�nan�e, �taff could have these stipulations �n agreement form. Councilman Schneider asked if Sundial Realty would be the solP ocrupants of the huilding. Mr. James Villella stated, at th�s pn�nt, they would be the sole occu�ants, hut they do have some area in the basement that if it wasn't eventually ��sed for expansion, they would sPek to make some use of this area and rent it to someore that �s compatible with the real estate b��siness. Councilman Schneider asked if they would have problems with an agreement to the effect that the building tiaould be used only for real estate or a similar low volume off�ce use now and in the future. Mr. Villella felt this would ,7ust be another restriction on ±heir bus�ness. Mr. Herrick, City Attorney, pointed out that Sundial is requesting a zoning chanqe and there are contractual and conditional rPZOnings where a contract rould be entered into by the petitioner and the City to where ±he use ef the 6u�ldrna would be restricted to low volume commercial i_�se, He stated this woG�ld exclude certa�n types of usec perrm tted in a general commerc�al area as there are a number of uses normall,� permitted in commercial area that the City would not want at this locat�on. Mr. Villella felt th�s would be accaptable as long as it wasn't too restr�ctive. Mr, Herrick felt the details could be worked out regarding the use�. MOTION by Counc�lman Schneider to waive the reading and approve the ordinance upon first reading, with the st�pulations that the petitioner nay the park fee of $380; the petitioner agrees to providP easements for the proposed Polk Street extension anci when it is appropriate far the road to be completed, aarees to pay onP-h�lf the cost based on the footage of h�s property; petitioner agrPes not to request any variances to the existinq Sian Ordinance; netitioner agrees th�t the building to be cons±ructed would be substant�ally the same as the building plans that were presented; and petitioner agrees to enter into a contract, to be drawn by the City Attorney, with r?gard to present and f��ture use of thP land restr�ctin9 it to real estate ±ypes of operation. Seconded by Councilman Hamernik. L� l � � REGULAR MEETING OF JANUPRY 23, ]978 PAGE 4 Mr. Villella stated he �nderstands from the motion that they are not tn make a request for any variances to the Sign Drdinance. He stated, he understands the reason the� are paying the park fee is because Real Estate 10 paid � park fee and fPlt if they are ao�ng to be treated the same as Real Estate 10, they should be ahle to have the same sign. Mr. Villel�a stated he sees the Council's po�nt of view that si9ns can be offens�ve; but would like to be allowed to request a variance to the 5ign Ordinance. He felt tt would be benefic�al for them to have a sign the same � size as Rea1 Estate 70's, Courcilman $chneider po�nted out the Real Estate 10 sign is smaller thar would normally be permittPd in that zoning. He felt it was important to remember that Real Estate 1D is located on property that was zoned commercial. He stated the stipulation does not prohibit Sund�al Realty fr�m putting up a sign, but it has to ronform with the existina Siar Ordinance. He felt they are already placing a commercial build�ng on aroperty that was zoned residential and stated he is trying to �reserve the character of the ne�ghborhood. � Mayor NeP pointed out the variance for Real Estate 10 was to the height_ Mr, villella stated t.he� would have the same problem with elevation as Real Estate 10 had and the sign would be in the ground. H� stated the height of the bui�ding would virtually block out a 15 foot sian and felt a 6 foet s�gn wou�d stick in ±he ;round and would not effectively ad��er±ise the build�ng: Ma�or Nee requested Sundia7 Realty to submit a drawing of what they propose before the second reading of the ordinance. UPON A VOICE VOTE ON THE ABOVE MOTIOPJ, all voted aye, and Mayor Nee declared the motion carried �manimously. F FINAL PLAT S�BDIVISTON P e Mr, Sobiech, Publ�c Works Dieector, s+.ated a public hearing was held regarding this plat and there were no ob�ections from the general oublic. He stated the question raised on how much of Grand nvenue went with the p�at has been verified by records at Anok� County and pointed out that the abstract of title was read and all records indicate that the vacated was equally dividad 6etween the pronerty to the west and east. Mr. So6iech stated, from the map on Page 7A of the agenda book, it should be noted there is a roinimal boulevard and the Ci*y i=_ requesting an addit4onal ter� foot easPment for purposes of snow storage. Mr. Sobiech =tated Mr. Brottlund had no objections to providing this �dd�t�onal ten feet. Mr, Sobiech stated the park fee �s $600 whtch Mr_ Brottlun� is aware of. Councilman Fitzpatrirk stated the property owner to the east is under the im- pression that all vacated Grand Ave�iuP property goes to his nroperty. Mr. So6tech stated the City can orly go on what is on record at the County and thetr records indicate the property was divtded with one-half go�ng to the property on the west and one-half to the property on the east. He pointed out that, before the plat is recorded, Mr. Brottlund wi�l have to have a hard shell reviewed by the County and thic will aaa�n be rhecked further. � MOTIGN by Counr�lman Fitzpatrick to approve the final plat for 5ubdivis�on P.S. #77-06, Brottlurd's First Addition with the stioulat�on that there be an additional ten foot dedicated easement on the street border on East River Road. Seconded by Counc�lman Schneider. Mr. Brottlim d was asked if he had any ob�ect�cns to removing the retaim ng wall. He stated, at this point, he does not have any object�ons, hut it wnul� de- pend on the final n,radina and didn't want to make a firm commitment at this f� �. .�. J�i � REGULAR MEErING OF JANUARY 23, 1978 PAGE 5 time. Mr. �rottlund alsn stated he �ntended to removP thP garage on the �roperty. I�PON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. BUr NOT RErORnED.: M�. Sobiech, Publ�c Works Director, stiated a public hearing regarding this plat was held last week and, based on comments from that meeting, an agree- ment was written which indicates certain stipulations to the f�nal plat approval. He stated these have been agreed upon by the owner and potential develoner. He stated the agreement �nd�cates that the owner ard develoeer agree to plat the property into 10 lots with two family dwellings on each lot. All util�ties will be constructed and naid for by the develooer and own?r, �vith the City a�?proving the plans and specifications. Pet�tinner also understands there is an eng�neering escrow required to cover costs associated v�ith reviewing the plans and specificatrons and providing in- spection of construct�on. There will be a park fee in the amount of $300 per lot and a 15 foot easement will be dedicated to the City for street pur- ooses, ad�acent to 73rd Avenue. He stated thP developer and owner recognize that the property line between the propased street and eatt line of the plat he dedicated to the property nwner to the east to insure there is proper setback and with the dedication, �t will be properly 9raded and so�ded. MOTION by Counc�lman Schneider to apprnve ±he fin�l p�at for subdivisinn P_S. �77-07, Evert's Additinn and approve the propused aareement. Seconded bv Councilman BarnettP. Upon a voice vote, all voting aye, Mayor Nee de- clared th,e mnt�on carr�ed unarimously. CONSIDERATION OF A REQUEST FOR APPR(1VAL OF EASEf4ENT ENCROACHMENT BY DaVERN Mr. Sobiech, Public Works Director, stated this �s a request to approve an encrcachment �nto an existin9 drainage and �tility easement. Mr_ Sobiech stated the front corner of the garage encroaches 2.2 feet and the back corner encroaches .6 feet in+o the drair.age an� ut�lity easement. M�. Sob�ech sta±ed *_he uti7ity companie< have no objec+ion to this encroach- ment, and t{�e staff a�so has no oh�ection, as there is ctill adequate space in the remain�n9 Pd5PIl12nt t0 allow for any arading that would he necessary to provir�e proper dra�nage. MOTI4N by Counc�lman Schneider to approve the easement encroachment requested by DaVerne Corporat�on for 5467 East �anube Road. Secended by Counctlman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RECETUING THE MTNUTES OF THE PLANNIN� COMMIS$I�N MEETING OF JANUARY 11, 1978: SPECIAL USE PFRMIT SP #77-16, JAMES DOWDS - 51 37TH AVENUE N.E.: I� � [ � Mr. Sobiech� Public Works ��rector, stated the pet�tioner intends to expand the�r operat�on to what was previously the Dunkley Surfacing Company yard. He stated the Plannina Comm�ssion recommended 'approval of this special use , perm�± w�th some stinulations. One of the stipulations was ±hat all cu�tomer parkrna be within the fenced area and apnropriate signina to direct them to the park�n; site. Another stipulation was that the petit�oner work with the staff to further landscape the area to make it as attractive as oossible. Since the Planniho Commissior� mPet�ng; Mr_ Sohiech felt it would he7p to control the park�ng, if curbing was installed with appropr�ate dr�veway en- trances on 37th Avenue. , � � %,`;'� REGULAR MEETING OF JANl1ARY 23, 1978 PAGE 6 Councilman Fitzoatrick asked �f they were requestiny d�fferent uses on d�fferent p�rts of the parcel. Mr. Sohiech stated, the area south of the Dunkley Surfacing hu�lding would be for damaged or used autos and north vaould 6e the park�ng, He stated the access to the park�n9 lot Wou�d be from East River Road. Counrilnan Fitzpatr�ck asked if Mr. Dowds had plans for sia m ng that �,a�ou�d ir- sure that the park�ng would b? inside. Mr. Dowds stated "No Parking" sig�s would be put along East River Road, when the auct�on is held, and didn't antic�pate any pPrmanent park�ng on East River Road. He stated he understood the Plannrna Commission didn't want any narking outside the ferced area or on East River Road. MOTION hy Cnunctlman Fitznatrick to approve Spectal Use Permit SP #77-16 with the stipulations that all rustomer park�ng be inside the fenced area and that efforts be made to have "No Parking" signs and that the petitioner work w�th the staff on landscapina and on the parking off 37th Aven��e. Further, that this operation come under a three year review and ba renewed at the end of 6 years. Seconded by Councilman Schneider. Mr. Dowds stated possibly some customers would be parking on 37th Avenue, along w�th the empinyees, but there wouldn't be any narking on East River Road, Mr. Sobiech felt if they have a barricade with a sign indiceting c��stnmar parking and dirPCting them where they can park, there wnuldn't be any �?roblem. He stated they could also work with the County on "Temporary P�o Parking" signs. Mr. Dowds felt the Counc�l was asking him to take a tremendous risk, as an individual who is running a small business, with the stipulatlons added for the re5�iewal and renewal of the special use permit. Counc�lman Fitzpatrick pointed out this business does reouire a special use permit under the code and the request now is to greatly exnand this operation. If the operation continues in compl�anre, Councilman Fitzpatrick doubted if Mr. Dowds would be denied a sper�a] use permit to cont�nue his business. Councilman Schneider pointed out that the burden of proof for denying a special use permit falls on the Council. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee de- clared the motion carried unanimously. PRELIMINARY PLAT P.S. #77-08, THOMPS0�1"S RIVERVIEW HEIGHTS: MOTIOPJ by Councilman Fitzpatrick to set the publ�c hearing on th�s plat for February 13, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS COFIMISSION MEETING OF �ECEMBER 27, 1977: REED BECKLER, 501 CHERI LANE N.E.: Mr. Sobiech, Public Works Director, stated this is a request for a variance to reduce the front yard setback from 59.25 feet to 35 feet and to reduce the side yard setback from 17.5 feet to 5 feet to allow construct�on of a house and garage at 501 Cheri Lane N.E. He stated the Appeals Commission heard this request on December 13 and December 27, 1977. At the December 13 meeting, there were concerns voiced by residents in the area, however, at the December 27 meetin9 no persons voiced any ob,7ect7ons. Mr. Sobiech pointed out it would be difficult to develop this piece of property rn compliance with the setback requirements 6ecause of the movement of the road for the freeway. ���� REGULAR f4EETING OF JANUARY 23, 1978 PAGE 7 Councilman Schneider stated he has talked with persons who appeared at the Appeals Commission meeting and apparently, they are satis�fied with the plans P1r. Beckler presented. Councilman Schneider asked, if the triangular piece of property the Highway Department has easement rights to would be noted to the purchaser of th�s property. Mr. Reckler stated the piece is there for the purchaser of the property to use, but not to own. Councilman Schneider stated his concern is that a buyer may not have a title search and think this piece of property is h�s front yard. Mr. Beckler stated it would show in the survey where the lines are, but felt Councilman Schneider had a good point in hav�nq a prospective buyer realize they don't own that piece of property, but have access. Mr. Herrick, City Attorney, felt a mortaage company would require a survey and felt a prospective buyer would see a copy of the survey. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant the variances from the front yard setback of 59.25 feet to 35 feet and the variance for the side yard setback on the street side of a corner lot from 17.5 feet to 5 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. W. HARSTA�. 7891 HICKORY STREET N.E.: P�r. So6iech, Public Works Dtrector, stated this is a request for a vartance to allow off-street parking with "0" feet of the lot line, instead of the required 5 feet. He stated the Appeals Commission heard the item on December 27, 1977 and recommended approval. Mr. Sobiech stated he felt the plan would fit in with the overall development of the area. He stated what is proposed is the construction of a single building which would be on the "D" lot line, with a future proposa1 to abut a building to the South. He stated, when the total plan is complete, there will be four individual structures, but they will be abutting each other. Mr. Sobiech stated the variance request is associated with parking off the ex�sting alley or existing industrial properties on the east side of the alley. Councilman Hamernik asked if there would be any problems with snow removal, if the variance were granted. Mr. Sobiech felt the variance should probably be granted with the knowledge that there might perhaps be snow storage on the pet�tioner's property. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Comnission and grant the variance request to reduce the lot l�ne to "0" feet, instead of the required 5 feet to allow off-street parking, with the stipulation that the petitioner agree to accept snow that the City plows from the area. Seconded by Councilman F�tzpatrtck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr7ed unanimously. MOTION by Councilman Schne�der to rece�ve the minutes of the Planning Comm�ssion Meetinq of January 11, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all votinq aye, Mayor Nee declared the mot�on carried unanimously. RECEIVING THE MINUTES OF THE CNARTER COMMISSION P�IEETING OF NOVEMBER 15, 1977: MOTIOfJ by Counc�lman Hamernik to receive the minutes of the Charter Commission P1eeting of November 15, 1977. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECEIVING THE PIINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF I� � �—, J , � iJ•� REGULAR MEETING OF JANUARY 23, 1978 PAGE 8 REQUEST FOR JOINT MEETING: Mayor Nee stated Mark Scott, Chairman of the Cable Television Commission, called him and stated the Commission wasn't prepared to meet with Council at this time and would like to meet in late February. PURCHASE QF VIDEO EDITING DECK: No action was taken on this item at this time� ' MOTIOtJ by Councilman Hamernik to receive the minutes of the Cable Television Commission Meeting of January 11, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT TO INSTALL STDRM SEWER P Mr. Sobiech, Pu61ic Works Director, stated a proposed agreement between the C�ty and P1r. and Mrs. White, was sent to the White's for their reviewe Mr. Sobiech stated, at the last meeting, the Engineering Department felt the extension of the elbows would help reduce the erosion, �f Mr, White would put in addit�onal retaim ng walls. However, there was concern th�s might involve improvement of other areas along Stonybrook Creek. Mr. So6iech stated the proposed agreement calls for the City to extend the culvert, if erosion control measures are installed by the property owner. Mr. Sobiech stated the property owner to the north of Mr. White was contacted and indicated no ob,7ection to the installation of the elbows. Councilman Fitzpatrick stated the culvert is directing water against someonQ's � property and a statement was made by the Engineering Department that they felt the piping shouldn't have been designed the way it was. Mr. Qureshi, City Manager, pointed out that, when the property owner requested the variance, it was made clear there was an erosion problem and he accepted the responsibility of protectinq the banks. Mr. Qureshi stated hP would recommend against the City enterinq into the agreement. Mr. White stated the erosion d�scussed at the Appeals Commission was for the Mississippi River. Mr. Quresh� stated there is no question of protection of the river because everyone clearly understands that it is the responsibility of the owner. He stated he is sympathetic to the problems Mr. Wh�te has, but questions whether public funds should be expended on this property. He felt, if funds were expended at this location, the Council would have a difficult argument to deny the same for other areas with erosion problems, MOTION by Councilman Fitzpatrick to proceed with negoti�ting a�i agreement with Mr. and Mrs. White similar to the one being proposed. Seconded by Councilman Barnette. Councilman Hamernik stated he has a problem w�th City taking on full responsi- bility in light of the fact that the property owner did agree to handle the erosion problem. He stated he was sure the property owner was aware the � culvert existed at the time he inspected the property. Mr. Herrick, City Attorney, indicated he can see the City Manager's point, 6ut has some concern about legal liability. He felt if it were not for the agreement between the City and the property owner when the property was developed, he would have no hesitation to say there was liab�lity on the part of the City. He felt a different situation is involved where you have a culvert that directs water against a piece of property than a situation where water is outletted into a creek and the flow may cause erosion. �,7� REGULAR MEETING OF JANUARY 23, 1978 PAGE 9 He felt, �n this case, there was direct erosion caused by the culvert and for this reason, felt the City should expend funds to change the effect of the water running through the culvert. He felt there may be similar situations in the City where money may have to be expended and suggested perhaps the Council or a future Counc�l may have to levy some additional City-wide ex- penditure in order to make some �mprovements in the streams that serve as an outlet for the City's underground storm water system. He stated he would be particularly concerned a6out ihose locat�ons where water flows with a force onto private property. Councilman Barnette felt the Crty has some responsibility to the property owner because it is a City culvert that is causing the damage. Mayor Nee stated, in this case, the house was built as a condition of the Cityissuing the variance. Mr, Qureshi stated it is all river bank in the area and there �s no creek bank. Mayor Nee felt, if the City hadn't issued the variance to allow the house to be constructed, there wouldn't be a problem. Mr. Vogel, attorney representing Mr. and Mrs. White, stated Mr. Sobiech's professional opin�on is that the culvert is misplaced which means the City has undertaken some activ�ty that directs the creek, which is not a normal flow. Regarding erosion control, he stated there isn't any evidence which indicates it includes the creek bed. He stated the culvert is misplaced so the City has liability. Mr� Qureshi questioned how the culvert was installed improperty. Mr. Sob�ech stated he felt it wasn't in alignment with the creek bed, but didn't know if the culvert was put in by the City or the developer. Mr. White stated the variance they received had nothing to do with City regulations, but was a requirement from the State. P4ayor Nee stated the culvert has been there for 25 years and asked if the Whites would be willing to split the cast with the City. Mr. Vogel pointed out there was money expended by the Whites for erosion control to protect their property, but 6ecause of the culvert that control measure was destroyed. Mr. Vogel felt it was the responsibility of the City to make the correction so that the erosion control efforts the Whites under- take will be effective. Mayor Nee asked Mr. Herrick how many votes it would take to pass the mot�on. Mr. Herrick stated, since it is a vote to expend funds, it would take 4 affirmative votes of the CQUncil. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman Barnette, Councilman Schneider and Councilman Fitzpatrick voted in favor. Mayor Nee and Councilman Hamernik voted against the motion, Mayor Nee declared the motion failed by a 3 to 2 vote. TION OF A REQUEST BY THE FRIDLEY JAYCEES TO SPONSOR , r nr rnnennnnir nnnv. Mro Richard Young appeared before the Council regarding his request for the Fridley Jaycees to sponsor a softball tournament, Softball in the Snow, on February 18, 1978. He requested the use of Commons Park and licenses to sell food and beer and asked that the license fees be waived. He further requested a waiver of the requirement to have a poltce officer on the grounds. He felt this would not be needed because of the s�ze of the tournament which will be only 10 teams. MOTION by Councilman Hamernik to grant the request from the Fridley Jaycees for a softball tournament on February 18, 1978 at Commons Park and waive the � , 1 �5 .J . REGULAR MEETING OF JANUARY 23, 1978 PAGE 10 license fees and the requirement for a police officer to 6e on the grounds. Seconded by Councilman Fitzpatrick. Mr. Young asked if they have inclement weather on February 18, 1978, if the tournament could be held the following week. The Council agreed this would be acceptable, as long as there wasn't any conflict with other activities the Park Department might have scheduled. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CDNSIDERATION OF GOALS AND OBJECTIVES: Mr. Sobiech, Public Works D�rector, stated the City is planning to establish programs in the City that satisfy certain goals which the City would try to achieve, He stated, if the Council concurs with these Goals and Ob�ectives, staff would proceed to review these with departments for development of new programs. Mayor Nee pointed out the last two sentences in the first paragraph on Page 15A are the same and one should be deleted, Mayor Nee stated on Page 15C, Item H150, it was not clear what was meant. In checking, it was found there was a typographical error in the last sentence of H150 and it should read as follows: "Promote a sufficient variety of housing to allow all people a housing choice" Cuuncilman Schneider questioned the next step, if the Goals and �b�ectives are approved. Mr. �erry Boardman, City Planner, stated they would be review�ng the programs of the departments and setting up an evaluation of these programs to determ�ne what goals and ob�ectives can 6e fulfilled through staff function. � After staff review, the Council vaill have to re-evaluate the goals and ob�ectives based on policies established. 1�layor Nee scated it was his general feeling these were done and had some reservations al?aut the languaye. fflOTION by Counc�lman Hamern�k to adopt the Goals and Ob�ectives for purposes of staff to fur±her develop the Goals and Objectives Program �o be brought back to Counc�l for re-evaluation, upon completion of evaluation af the goals and ob�ectives by the staff. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayoi° Nee declared the motion ca�°ried unanimously. RESOLUTION NO 10-1978 DETERMINING ALLOWANCE FOR EMPLOYEE MILEAGE REIMB�RSEMENT: MOTION by Councilman Shcneider to adopte Resolution No. 10-1978 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried una m mously. CONSIDERATION OF A RESOLUTION URGING THAT THE PROPOSE� REGULATIDNS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NOT BE A�OPTED UNTIL SUCH 7IME AS PARKS AND RECREA- TION RELATED PROJECTS ARE ELIGIBLE FOR CDMMUNITY DEVELOPMENT BLOCK GRANTS: Mr Jerry Boardman, City Planner, stated the criteria for community development block grants are based on how they affect low and moderate income people. He � stated a lot of the smaller communities that have low and moderate income people scattered throughout the community don't get the grants, other corrimunittes do that have "pocket" type areas of low and moderate income people He stated this resolution would be directed toward proposed federal regulations for Community Development Block Grants by the De�artment of Hous�ng and Urban Develop- ment. Councilman Schneider asked if the proposed regulations would preclude Fridley. Mr. Boardman explained what the proposed regulations would do is d�rect the City's pro�ects into areas where there is a"pocket" of low and moderate �ncome people and would limit the City to certatn areas. ��l REGULAR MEETING OF JANUARY 23, 1978 PAGE 11 Counc�lman Fitzpatrick questioned the effect this resolution would have if it was adopted. Mr. Boardman stated he didn't know if it would have a lot of effect since tt seems the Department of Hdusing and Urban �evelopment has already received direction regarding the Community �evelopment Block grants. The Council d�d not take any action on the resolution. RECEIVING RESIGNATION OF EDWARD DUNN FROM CABLE TELEVISION COMMISSION: MOTION by Councilman Hamernik to receive the resignation of Edward Dunn from the Cable Television Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City P1anager, questioned when the Council would like to have the matter of Commission appointments on the agenda. The Council agreed to have th�s item placed on the agenda for the February 27, 1978 meetin9. Councilman Schneider suggested some publicity in the Sun Newspaper regarding any Comm�sslon vacanc�es. Mayor Nee suggested the Counc�l consider not voting on the appointments the same evening as nominations are made. Councilman Hamernik felt there may be a problem where a person is considered for more than one appointment. CLAIMS: L I MOTION by Counc7lman Fitzpatrick to authorize payment of Claims No. 359P06 through 365X01 and Claims No. O10A30 through 018938. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES. P101ION by Councilman Hamerm k to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Barnette The motion carried. Councilman Hamernik questioned the solicitor's license and was concerned if residents would feel this was endorsed by the City. Mr. Brunsell, City Clerk, stated that under the present ordinance you cannot deny anyone a solicitor's license He stated the fact they have a solicitor's license does not mean the City or Council endorses them. He expla�ned it really is a registraiion to let the Police Department know who �s solic�ting in the City. Mr Herr�ck, City Attorney, stated he would do some further checking regard�ng solicitations, but didn't fee7 the City could effectively prevent it. ESTIMATES: M07ION by Councilman Schendier to approve the estimates as submitted Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. Smith Juster, Feikema, Chartered 1250 Bu�lders Exchange Building Minneapolis, Minnesota 55402 For Legal Services Rendered as Prosecutor during December, 1977 Weaver, Talle & Herrick 6279 University Avenue N.E. Fr7dley, Minnesota 55432 For legal Services Rendered as City Attorney during December, 1977 $2,060.00 $1,507.70 , L 1 ' � REGULAR MEETING OF JANUARY 23, 1978 FUNERAL - HELEN TREUENFELS: PAGE 12 Mayor Nee no�fied the Council that the funeral for Helen Treuenfels will be on Wednesday at 10 A.M. from St. William's Church. POLICTES - CABLE TELEVISION: Councilman Schneider questioned the policies regarding what types of ineetings could be on Cable Television. Mr. Qureshi, City Mana9er, indicated he would forward information regarding the pol�cies and use of cable television. ADJOURNMENT: MOTION by Councilman Fitzpatrick to ad�ourn the meeting Seconded by Counc�lman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 23, 1978 ad�ourned at 10:35 P.M. Respectfully submitted, ' ,� >ccn`�e< .� � ' Z�L c �„�.f.- r� � Carole Haddad Secretary to the City Council , , Approved: � �,� " �' �' William �. Nee Mayor