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09/11/1978 - 00014057_ THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 11, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE. Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL� MEMBERS PRESENT MEMBERS ABSENT Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamerntk and Councilman Fitzpatrick None PRESEfJTATIOPV OF PLAQUE (ROBERT HUGHES, RETIRED FIRE CHIEF): A plaque was presented to Mr. Robert Hughes, Fire Chief who retired from the City, in appreciat�on for his many years of service. Mayor Nee stated Mr. Hughes has built an outstanding Fire Department and previously served the City as Mayor and Chairman of the Planntng Commission. He stated Bob represented the very best in public servtce and inspired everyone because of his goodw711 and unselfishness �n the servtce he has given. Mr Hughes was wished the very best by Mayor Nee and all members of the Ctty Council. Mr. Hughes thanked the Council and City Manager and stated it was a privilege to serve the City. APPROVAL OF MINUTES REGULAR MEETING, AUGUST 7, 1978: MOTION by Councilman Hamernik to approve the minutes of August 7, 1978 as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING, AUGUST 14, 1978 MOTION by Councilman Fitzpatr�ck to approve the minutes of August 14, 1978 as presented. Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. REGULAR MEETING, AUGUST 21. 1978: Counctlman Schneider asked a correction be made on Pages 3 and � to correct Mr. "Teman's" name to Mr. "Timo". MOTION by Councilman Schneider to approve the minutes of August 21, 1978 as corrected. Seconded by Councilman Hamernik. Upon a voice vote, all votina aye, Mayor Nee declared the motion carr�ed unanimously. ADOPTION OF AGENDA Mayor Nee requested an item be added to authorize submission of a letter dated 9-11-78 to the Mrnnesota Board of Corrections. MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under th�s �tem of business. ' 1 , 1 L. J � �;' REGULAR MEETING OF SEPTEMBER 11, 1978 NEW BUSINESS. PAGE 2 DISCUSSION REGARDING POSSIBILITV OF AN ORDINANCE LICENSING AND REGULATING THE .., AMENDING CHAPTER 29 OF THE FRIDLEY CITY CO�E RELATING TO FEES, AND AMENDING runnTCO ti crrrrnv ti in nr rur rornirv rrTV rnnr RECEIVING COMMl1NICATI NITED METHODIST CHURCH REDEEMER LUTHERAN Mayor Nee explained this ordinance would expand the b�ngo operations and permit several other gambling functions. He requested the City Attorney outline what 1s permitted under this ordinance. Mr. Herrick, Ctty Attorney, stated the recently enacted State statute makes reference to games of chance such as punch boards and pinwheels He felt this would be limited to the enumerated types of gambling devices set forth in the ordinance and wouldn't permit Las Uegas ntghts, black,7ack, poker or roulette wheels or any of that type of act�v�ty. Mr. Herrick stated he felt the ordinance before the Council was adequate, from a legal standpo�nt; however, he felt it was a policy matter and his interpretation of the ordinance would be very narrow. He also pointed out the requ�rement that 8% of the gross proceeds would have to be contribu�ed to charitable organizations. Mayor Nee stated letters were received from several local churches in opposition to the ordinance. MOTION by Councilman Fitzpatr�ck to receive the letter from Un�ted Methodist Church. Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION 6y Councilman Barnette to receive the letter in opposition from Redeemer Lutheran Church. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTION by Councilman Hamernik to receive the 1etter from Woodcrest Baptist Church. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carr�ed una m mously. MOTION by Councilman Hamernik to receive Petition No. 20-1978 in opposition from Fridley Covenant Church. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Mr. Robert Polzak, who serves on the Development Board for Grace Htgh School, appeared before the Council regarding this proposed ordinance. Mr. Polzak spoke in support of the ordinance, as he felt this would be a means to derive some funds to help in costs of operating Grace Htgh School. He po�nted out the State statute is very limited and l�mits the amount of money that can be given out in a day and also limits the amount an organtzation can make in a year. Mr. Polzak stated the Development Board and himself, as a parent, strongly urged the Council to favorably review this ordinance. He stated the State statute refers to the use of pinboard and paddleboard dev7ces and another area would be a raffle, whtch Grace has used in the past, to help raise funds. Councilman Schneider stated, �f the Council takes i10 action on the ordinance, it is his understanding, that Grace High School would neither be more or less legal, regardtng the raffle tickets for Snow Days, then it has been in the past. Mr. Polzak stated the statute is silent as to what would happen in that event, however, the fact ts addressed that the statute can be more limiting and that type of question would have to be interpreted. Councilman Schneider stated there appears to be great opposition from the religtous organizattons although they may have conducted similar operations in the past. t, REGULAR MEETING OF SEPTEMBER 11, 1978 PAGE 3 Mr Polzak stated, if Grace High School is not permitted to have a raffle or pinboard, a lot of attraction for the public �s eliminated. Mayor Nee stated he was concerned about the reaction from the other church bodies and asked if anyone was present this evening from these church organizations. There were no representatives present from the churches who had voiced opposition to the ordinance. Mr. Maynard, of the Fridley Lions Club, stated he was present mainly for tnformation on the ordinance and stated the Lions Club only has raffles. Mr. Herrick suggested, rather than issuing an annual license for organizations that are conducting conttnuous activities, it may be better to require an organ�zation to make application each time they are conducting an activity. He felt, in this way, the activity would be for special events and not a continuous operation. Mr. Herrisk asked if the communication sent to the vartous organizations also contained information on the limits of the State statute. Councilman Hamernik pointed out that the existing ordinance, the proposed ordinance, and statute were sent to the organizations as exhi6its. He stated he shared the concern about the number of negative comrnents received from the religious organizations, but also pointed out the sports associations have conducted their fund raising, in the past, by selling raffle tickets and feels they also should be given some consideration. He stated he does have interest in the suggestion made by Mr. Herrick and perhaps this would be the way to handle it He felt, if application is made on an tndividual function basis, this could also serve as a report which could be returned to the City when the function is complete Mr. Polzak stated the State statute basically sets out a number of things that do not become a gambling violation. He stated it is permissive for a City to pass an ordinance to allow gambling to occur and grant a license for one year as long as the gambling activtty and organization qualifies. He stated, it is not a 9ambl�ng activity, if it is an activity covered in this ordinance and licensed. Mr. Polzak stated, if the City doesn't pass this ordinance and Grace High Schooi would run a paddleboard without a license, they would be in violation of the law. MOTION by Councilman Barnette to table this item and have staff check into the poss�bility of rewording the ordinance along the lines of issuing a license or permit for a l�mited time. Seconded by Councilman Fitzpatr�ck. Mayor Nee sug9ested the members of the Counc�l should contact the organ�zations who have voiced an ob�ection to clarify any questions. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 601 OF THE MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik:� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 23, 1978: The Council rece�ved the minutes of the Plamm �g Commission Meet�ng of August 23, 1978 and constdered the following items: DISCUSSION ON PROBLEM BUILDING SITES. Mr Sobiech, Public Works Director, stated there was discussion at the August 23 Planning Commission Meeting regarding lots, specifically in the North Innsbruck area, which may be a problem. The Commission felt buyers may not 6e aware of the condition of the property and, therefore, they , ' , REGULAR MEETING OF SEPTEMBER 11, 1978 PAGE 4 sug9ested a statement be attached to the deed to warn potential buyers of the condition of the building site. Mr. Herrick, City Attorney, requested this item be tabled as he stated he could see some problems with it and didn't know if this kind of notice should be put into an abstract. MOTION by Councilman Schneider to table and refer this to the City Attorney for review. Seconded by Councilman Barnette. Upon a voice vote, all votrng aye, Mayor Nee declared the motion carried unanimously. ' Counctlman Schneider stated he keeps hearing about wet basements and would like to know where there are problems. Mr. Sobiech stated the staff has not received any complarnts regarding wet basements. He stated, from the minutes, he would gather they seem of a general nature, but hasn't has any specific complaints. HUMAN RESOURCES COMMISSION MEETING OF AUGUST 3, 1978 - PARATRANSIT: The Council made note of this recommendation and ind�cated they would cons�der the matter in con�unction with the paratransit proposal. APPEALS COMMISSION MEETING OF AUGUST 15, 1978 - RAMONA BOISVERT; 534 FAIRMONT: Mr. Sobiech, Public Works Director, stated a call was received from the pet�tioner, Ms. Boisvert, who �ndicated she would like this item tabled indefinitely. He explained there was a problem with the purchase agreement so there may not be a need for the var�ance. MOTION by Councilman Fitzpatrick to table this item �ndefin�tely as requested by the petitioner Seconded by Councilman Schneider. Mr. Ralph Swanson, 511 Ely Street, stated he was the person who ob�ected to � the variance. Mr. Sobiech advised Mr. Swanson he would be notified if this item does come back before the Council. UPON A VOICE VOTE TAKEN ON THE MOTIDN, all voted aye, and Mayor Nee declared the motion carried unanimously. ENERGY TASK FORCE COMMITTEE: Mr. Sobiech stated at the August 23 Planning Commission Meeting there was discussion regarding the Energy Task Force Committee and he requested members of the Council to su6mit any names of persons who may be interested in serving on the Committee. He noted the Commission hoped to make a selection at their October 4, 1978 meeting. CONSIDERATION OF PARATRANSIT PROPOSAL: Mr David Alschuler, representing Multi-Systems, Inc. appeared before the council regarding a paratransit proposal and the two alternatives discussed at the Council's conference meeting. He explained the first alternative is a very limited service, specifically for elderly and handicapped persons. He stated this would require two vehtcles, operating 8 hours a day, 6 days a week. He explained the service would be heavily subsid�zed and would serve a very limited market. � Mr. Alschuler stated the second alternative is different fron the other alternative as it is a service for the general population_ This would be a shared-ride taxi service, operated by a private contractor providing service for 18 hours a day, 7 days a week. Mr. Alschuler then reviewed the cost to the City for the two different proposals. Councilman Barnette asked if any of the local transportation operators have shown any tnterest in becoming involved �n such a program. e5` — �— � REGULAR MEETING OF SEPTEMBER 11, 1978 PAGE 5 Mr. Boardman, City Planner, stated the Fr�dley Bus Company has shown an interest, but he didn't know if the taxi companies were interested. Mr. Alschuler stated he had contact w�th Columbia Heights Taxi, Fridley Bus Company and Spring Lake Park Bus Company, and the bus companies seem to be more interested Mayor Nee questioned the basis for their figures regarding daily demand. Mr. Alschuler stated th�s information was derived from stmilar type systems operating in Iowa and Connecticut. ' Mayor Nee questioned how many trips the cab company now makes in Fridley. Mr. Alschuler stated they were unable to get this information, however, their impression was, at this time, the greatest ma�ority of their service was service to and from the airport Mayor Nee questioned what the City of Columhia Heights had approved. Mr. Alschuler stated they have approved a shared-ride taxi system with a heavily subsidized fare. Mr. Boardman stated he doesn't see the demand,based on the economics in the metropolitan area. He didn't feel the City would have that much of a ride demand for the cost Mr. Boardman didn't feel you could compare Fridley with a town in Connect�cut and didn't think it would provide the service the City wishes to provide. Councilman Hamer m k questioned what was happening with ihe Golden Valley proposal. Mr. Bob Howdek of the Minnesota Department of Transportation stated they are not going to accept Golden Valley's proposal as there will be similar pro�ects in the area by the Metropolitan Transit Commission. He stated the proposal for Golden Valley was for one vehicle for the community and for their size, tt is not realistic. He stated, if Golden Valley chose to amend their proposal, the � Department of Transportation would give it consideration. Councilman Hamernik asked what was the tie-in with the Metropolitan Transit Commission in the Golden Valley and White Bear Lake operations. Mr Howdek stated the MTC is operating the White Bear project and proposin9 to operate the Golden Ualley pro�ect. He stated the contract is with the Metropolitan Transtt Commission. Councilman Barnette pointed out that once the program gets started, the City will ultimately have to subsidtze it. He stated most of the comments he received were against any paratransit system that would cost the taxpayers money. He felt the question was if the people of Fridley really want to subsidize a paratransit system. Councilman Hamernik stated he is not convinced the citizens of Frtdley are ready to subsidize a transit system. Mr. Alschuler explained the paratransit system would be a demonstration process and the City would't have to participate, after the first year, if they found it wasn't working. Councilman Schnetder stated he was reasonably pleased wtth the shared-ride taxi figures. He stated his concern is if it would really be used to the , extent estimated He felt, if 150 passengers are using thts service daily, with 30 of them being elderly or handicapped, it probably does serve some public good. He stated he was concerned that the system might have only two or three people using it da�ly. Mr. Howdek stated a lot would depend on how this is set up w�th the contractor. He explained you don't have fixed routes, therefore, if the demand isn't there, you don't have the vehicles out He stated, if there is a demand for this system, it invariably doesn't change from day to day and after a certain amount of time, the operator can plan his schedule. . -, � . � r REGULAR MEETING OF SEPTEMBER 11, 1978 PAGE 6 Mr. Alschuler explained, if the Ctty would go on an advanced request system, which requires people to pre-plan their trips, it would not generate the same user charges or demand levels. He explained the greater the demand, the more efficient the system becomes. Counctlman Fitzpatrick stated, it seems to him, that the shared-ride taxi has two advantages One, it might truly be a demonstration of the need, and another, if at the end of the year, they should discontinue ii, �t would have a different effect from discontinuinq a bus line. He stated, however, if it is successful and the C�ty wishes to continue the service, they are ultimately � faced with the decision of how it would be subsidized. Mr. Boardman stated, if the Council proceeds with a paratransit system, they will have to undertake a marketing campaign to get people to use the system. Councilman Schneider questioned the impact on staff, if Council proceeded with a paratransit system. Mr. Qureshi, City Manager, stated the Council �s well aware of the strain on the financial resources over the last few years and this would be another step in that direction He pointed out, if it is not successful, you may have citizens saying money was wasted. If it is successful, hoNrever, the question is if the Council wants this to be one of the high priority items for funding. He stated it would have to be reviewed on an overall prospective, as the City is entering into a number of programs. Mr. Qureshi noirted out you are talk�ng more than $11,000 -$12,000 the first year since 90o would be financed by the State. Counctlman Schneider stated, if the figures were correct, the net cost of the system is more in the order of $100,000. Mr. Qureshi stated another question is, if the system is successful, will the State continue to fund at this level. Mayor Nee felt the Highway Department is not going to return the �100,000 for � the system to the people, if tt is not used tn Fridley. He stated the rate structure they are talk�ng about is almost self-supporting He felt, if it can be demonstrated that this ts feasible, the C�ty could abandon it to a totally private operation, once the market is developed. He stated he does, however,havesome reservations on whether the system would work, but he didn`t think, with this plan, the City was looking at a long-term subs�dy, but to show to a private contractor that thts is a vlable system. Mr. Qureshi, City �4anager, potnted out the success ra±io for these type of pro,7ects was not good and the question is if the Council can look to experimenting and failing Councilman Hamer m k stated he is looking at the total tax dollar, whether or not it is city or state monies, and capttalization is a signtficant part of the cost and that he had reservations with ihe system proposed. MOTION 6y Councilman Hamer m k to table thts item to ±he r,ouncil meetrng on September 25, 1978 Seconded by Councilman Barne±te. !lpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS. Recess called by Mayor Nee at 9:27 p.m. RECONVENED: � Mayor Nee reconvened the meeting at 9.37 p.m. Al1 Council members were present CONSIDERATION OF CLAIM OF R C McCULLOCH FOR DAPIAGE TO ELECTRICAL APPLIANCES rni iirc iinnnr nr i�ic i.�rninrnncnr nnr�rr ni [. Mayor Nee stated he rece�ved a phone call from Mr. McCulloch regarding th�s claim and requested it be placed on the Council's agenda for consideration. REGULAR MEETING OF SEPTEMBER 11, 1978 PAGE 7 Mr. Sobtech, Public Works Director, stated the City had a frozen serv�ce at 1510 6erne Road and they proceeded to call in a company to thaw out the service. He stated the company went through the procedure to find the pipe to thaw out the serv�ce and for some unknown reason, the current, in this particular case, proceeded into Mr McCul]och's house and damaged some of his appliances. Mr Sobiech stated some precautions are taken with the house so to prevent a current from enterin9 the house where the problem is, however, in this case, the current went elsewhere. He stated it is his understanding that this is the second time in three years th�s has happened tn the City. Mayor Nee questioned if the welder attached at the points where he was told ' Mr. Sobiech stated he was told to come out and thaw out the service. He stated �t is hard to say exactly what took place among the crew members. Mayor Nee asked if there was any evidence that the sub-contractor was negligent. Mr. Sobiech stated, as far as the City knows, he followed proper procedure, but they don't know why the current when into P1r. MrCulloch's home. Mr. Herrick, City Attorney, stated �f the City was negligent, the insurance company should pay the claim, however if they weren't negligent, Mr. McCulloch would have no claim against the City. He siated it may be that the indiv�dual who did the work did not do it properly or there may have been something faulty on the plumbing or electrical work in Mr. McCulloch's home. Mr. Herr�ck felt an attempt should be made by the staff to determine �ust what did happen. Councilman Schneider stated if the City doesn't get an explanation, the fact remains that Mr. McCulloch is still out the cost for repairing his appliances. He stated it appears less than a reasonable doubt, the City or sub-contractor contributed to Mr. McCulloch's problem. MOTION by Councilman Schneider to pay the claim in the amount of $507.31, ' as Filed by Mr. McCulloch, from the Utilities Fund. MOTION FAILED FOR LACK OF A SECOND. P1r. Qureshi, City Manager, stated the staff would check into this to try and determine �ust what had happened. Councilman Schneider felt staff should keep track of the costs involved for investigating this matter. CONSIDERATION OF REAPPROVAL OF f4UNN'S HILLCREST ADDITION (P.S. #78-05): Mr. Sobiech, Public Works D�rector, stated the plat for Munn's Hillcrest Addition was approved on July 17, 1978, with some stipulations and one was that an agreement must be made wiih Burlington Northern Ra�lroad to reconstruct the ditch to insure a positive drainage outlet. Mr. Sob�ech stated Burlin9ton Northern would not agree to this stipulation, but did indicate an alternat7ve would be to construct a pipe within their rtght-of-way. Mr. Sobiech stated Mr. Herrick, City Attorney, has forwarded correspondence to Mr Forbes, Attorney for Burlington Northern, to review this matter as there is a question �f the City has the right to use the drainage ditch as it exists. He stated staff is awaiting a determinaiion from Mr. Forbes if ihey concur ' with the orig�nal recommendation or whether they would agr2e to some maintenance or construction agreement. Mr Sobiech stated, if there is no reapproval of the plat, the petitioners would like to proceed with �ust developing the five lots that were incTuded in the plat. He stated the staff now has a hold on buildtng on the five lots and a hold on the plat waiting for word from Burlington Northern regarding the drainage ditch. r l j a � i REGULAR MEETING OF SEPTEMBER 11, 1478 PAGE 8 Mr. Sobiech stated he would recommend they not proceed with the plat until all avenues have been exhausted regarding the drainage ditch. Mayor Nee asked if the area would drain without the ditch improvement. Mr. Sobiech stated if there isn't a positive outfall, the result will be a storage basin that would be marginal. He stated, at present, in order for this area to overflow in the ditch, the water has to rise a considerable amount Mr. Herrick felt the position Burlington Northern has taken is unreasonable. � He felt if they could discuss it, the City should be able to convince them they have some obligation and are not incurring a risk in allowing reconstruction of the ditch. He stated he was not able to get in touch w�th Mr. Forbes, as he was out of town, but hoped the matter could be resolved when the �nformation sent was discussed with Burlington Northern representatives. Mr. David Libra, attorney representing the petttioners, pointed out that the problem regarding use of the drainage ditch involves further delay. He stated the petitioners have contacted Burlington Northern directly and attempted to o6ta9n their approval and offered to pay for the complete reconstruction of the ditch. Mr. L�bra stated Burlington Northern's Head Engineer has declined and raised the possibility regarding their legal liability and also discussed the possible expansion of their tracks. Ne stated, at this pornt, it looks like their decision is �rrevocable, at least for purposes of this development Mr. Libra stated they are proposing to lift the temporary hold on issuance of building permits for development of the five existing lots. He stated this wou1d not involve any subdivision and would not affect the existing drainage �n the area. He stated, if Counc�l feels development of the street is necessary, the right-of-way exists and Council could order that improvement following normal procedures. � Mr. Libra stated, at this time, it becomes a question of economic feasibility and, therefore, requested the hold on the bu�lding permits for the five lots be lifted and the property developed in accordance with the original plat for the property. Mr. Ltbra stated the point Burlington Northern made regard�ng the alternat�ve to construct a pipe within their right-of-way would �nvolve m ne lots and it would be impossible to economically spread the cost of the pipeline on the proposed lots. Mr. Herrick asked if a delay of two weeks to attempt to work this out with Burlington Northern's Legal Department would seriously affect the development. Mr. L�bra stated contractors, who have agreed to construct this development, are holdin9 time open for this project. He stated he would propose approval of the five lots, sub,7ect to solving the problem of the ditch, at which time, reapproval of the plat would 6e considered a9ain. Councilman Fitzpatrick stated his chief concern in the development of thts land is that they don't have direct access onto East River Road. He felt whatever development is there, some portion of Hillcrest should be constructed as part of the plat and traff�c routed to the signal�zed �ntersection. Mr Libra stated there shouldn't be any linkage between the tssuance of the � building permits and improvement of Hillcresi Mr. Qureshi, Ctty Manager, stated, he felt, if buildtng permits are lssued, there is some obligation for a solution to the drainage problem. Mayor Nee asked if approval was not received from Burlington Northern, if it would 6e staff's recommendation to proceed with the five lots Mr. Sobiech stated he believed the property could be developed by putting in the pipe. He felt this would cost from $18,000 -$20,000 and, therefore, raise the cost about $2,000 more per lot. _ i REGULAR MEETING OF SEPTEMBER 11, 1478 PAGE 4 MOTION by Councilman Fitzpatrick to table this request for two weeks and continue the hold on the build�ng permits for the five lots. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CONSIDERATION OF NAMING AU�ITDR FOR THE YEAR 1978 AND RECEIVING LETTER FROM THE GEORGE M. HANSEN COMPANY MOTION by Councilman Barnette to receive the letter from the George M. Hansen Company dated August 30, 1978. Seconded by Councilman Schneider. Lpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' Mr. Brunsell, City Clerk, stated he felt the City should requ�re that the audit be finished by May 31, 1979. MOTION 6y Counc�lman Hamernik to name the George M. Hansen Company as the auditors for the coming year and request that they comply with the State statute on the time limit and complete their audit no later than May 31, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. CONSIDERATIOPJ OF COMMUNICATION TO FOURMIES, FRANCE INQUIRING ABOUT THEIR INTEREST IN �OINING IN SISTER CITY PROGRAM: AND RESOLUTION N0. 81-1978 AUTHORIZING THE INITIATION OF A SISTER CITY PROGRI MOTION by Councilman Schneider to adopt Resolution No. 81-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. Councilman Barnette stated Diane Ferry of the School District requested whatever informatton the City receives to be forwarded to her as they are anxious to get started in a sister city program. Mr. Qureshi, City Manager, stated staff has checked with a number of local , orgam zations regarding their comments on a s�ster city program and the response was quite positive. He stated he would keep these organizations informed when the City receives a response. OF SIGN PLANS FOR SHDREWOOD SHOPPING CENTER. RICE PLAZA. HOLLY Mr. Boardman, City Planner, stated the signs meet the requirements under the Sign Ordinance and conform to present building designs and layout. He stated, as tenants change in the shopping centers, signs would conform to the sign plan. He stated staff is reviewing the sign plans primarily to see that they meet the code requirements and to bring the stgns into a more uniform sttuation that more closely would follow the design of the structure as it is now. Mr. Sobiech, Public Works Director, stated the main thrust of the Sign Ordinance was a design and a scheme. Mr. Boardman stated the height would be standard and the length could be modified, based on the tenants. Mayor Nee stated he has a problem where administrative discretion goes beyond the ordinance. Mr. Boardman stated this is the staff's problem also, however, they have ' looked at the possi6ility, over a period of years, to require the owner of the property to come in with a scheme that would be more balanced. Mr. Sobiech felt what the City was trying to eliminate, by adoptton of the ordinance, was the clutter. The archttect, representing P1r. Levy, owner of Holly Shopping Center and Rice Plaza, stated they tried to present the minimum signs a tenant could afford. He stated, if a tenant wanted to go beyond that, they could. He stated Mr. Levy did not want to �eopardize his rental program by tnststing every � L� ��a) REGULAR MEE7ING OF SEPTEMBER 11, 1978 PAGE 10 tenant have a more expensive sign. He stated the ma,7ority of the signs put up are a plastic type. Mr. Boardman stated his only recommendation would be that any new signs at the Shorewood Shopping Center be placed on the mansard and not the canopy. MOTION by Councilman hamernik to approve the sign plan for Rice Plaza and Holly Shopping Center. Seconded by Councilman Schneider. Mr, Qureshi, City Manager, questioned the theme for the sign plan. Mr. Sobiech felt, if they can achieve the cont�nuity, the theme can be worked in and, in this particular area, this might come out when the revitalization study is discussed. UPON A 1/OICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee dec7ared the motion carrted unanimously. Mr. Boardman stated, in the layout for Shorewood Shopping Center, they have signs on the canopy and in talking with Mr. Elliott Saliterman> he felt, by putting them on the mansard, it would be cutting down on the visibility. Mr. Boardman felt it would be more in line to put the signs on the mansard. Mayor Nee asked if there was any provis�onfor this in the ordinance. Mr Boardman stated he didn't be1ieve there was anythin9 that says it should be at the discretion of staff or Council. He felt they had to look at it that the provis�ons of the Sign Ordinance are to eliminate clutter and whether to determine if they should be placed on the canopy or mansard is another matter MOTION by Councilman Schneider to approve the Shorewood Shopping Center sign plan as submttted. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to approve the Osborne Road Shopping Center sign plan. Seconded by Counctlman Fiizpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIIII 78 REOIIESTI 83-1978 RECEIYING THE PROVEMENT OF ALLEY BETWEEN 59TH 2ND STREET PLANS, SPECIFICATIONS AND ESTIMA JECT ST 1978-1, ADDENDUM �6 NARY REPORT AND CALLING A PUBLIC MOTION by Councilman Fitzpatrick to receive Petition No 19-1978. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to adopt Resolution No. 82-1978 order prel�m�nary plans, specifications and estimates of the costs thereof Street Improvement Pro�ect St. 1978-1, Addendum #,6. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTION by Councilman Fitzpatrick to adopt Resolution No. 83-1978 receivin9 the preliminary report and calling a public hear�ng on the matter of certain , improvements. Street Improvement Project St. 1978-1, Addendum #6. Seconded by Councilman Hamernik. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated people were opposed to the improvements and didn't see much sense in going through this again. Ne felt the residents were told this wouldn't be brought back again unless they requested it. � REGULAR MEETING OF SEPTEMBER 11, 1978 PAGE 11 Mr. Sobiech, Public Works Director, felt possibly feeling has changed regarding some of the improvements and would like to proceed with the preliminary plans to see �f there is some interest. MOTION 6y Councilman Schne�der to adopt Resolution No. 84-1978, with the deletion of 66th Avenue, under St. 1979-1. MOTION FAILED FOR LACK OF A SECOND. Mr. So6iech, Public Works Director, requested that Arthur Street from Mississippi to Camelot Lane be added under St. 1979-2. MOTION by Councilman Fitzpatrtck to adopt Resolution No. 84-1978, with the addition of Arthur Street from Mississippi to Camelot Lane, under St. 1979-2 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously RESOLUTION N0. 85-1978 REOUESTING STATE OF MINNESOTA DEPARTMENT DF TRANSPORTATION MOTIDN by Councilman Barnette to adopt Resolution No. 85-1978. Seconded by Councilman Schneider. Upon a voice vote, ati voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 86-1978 AUTHORIZING TRANSFERS FROM THE PIIBLIC UTILITY FUN� AND MOTION by Counc�lman Hamernik to adopt Resolution No. 86-1978. Seconded by Councilman Fitzpatrick. Upon a voce vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MOTION by Councilman Schneider to adopt Resolution No, 87-1978. Seconded by Counci]man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RESOLUTION N0. 88-1978 DIRECTING PREPARATION OF THE FINAL ASSESSMENT ROLL rnn Tnrn�rnnrmT nnin nrnnm�ni nr Tnrrc imn MOTION by Councilman Schneider to adopt Resolution No. 88-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 89-197£3 �IRECTING PUBLICATION ON THE MOTION by Councilman Hamernik to adopt Resolution No. 89-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 90-1978 AUTHORIZING THE SALE OF CERTAIN SURPLUS PROPERTY: MOTION by Councilman Fitzpatrick to adopt Resolution No. 90-1978. Seconded by Councilman Hamer m k Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RESOLUTION N0. 91-1978 APPROVING AND AUTHORIZING SIGNING THE AGREEMENT TY Mr. Brunsell, City Clerk, stated, in prior years, the contract was all one which covered local and area wide conditions. He stated ihey have now tried to split it so that the condit�ons negotiated on an drea wide basis are Appendix A and the local conditions are Appendix B. He stated there are several items in this contract thare are not addressed on the area wide basis. He requested the CouncTl approve the agreement and staff would do more work on it to clarify some of these conditions. 1 1 , , � � REGULAR MEETING OF SEPTEMBER 11. 1 PAGE 12 MOTION by Counc�lman Hamernik to approve and authorize the s�gning of the agreement, with the additional sections that were presented this evening Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REPORT ON MARKET STU�Y FOR THE DOWNTOWN REUITALIZATION PROGRAM Mr. Boardman, City Planner, stated letters were sent to about 15 different consultants ask�ng them what steps the City should take to make the downtown area more marketable. He stated, most consultants felt it would be a waste of time to do a market study and what was suggested was that a prospectus be put together on land that could be developed and send this package out to developers and ask them for proposals. Mr. Boardman stated the cost for the total prospectus would be about $15,000 - $20,OOD,including the cost for the consultant who would be contacting developers. Mr. Sobiech stated they would get involved with local existing business to obtain their reaction. Mr. Boardman stated the prospectus would include the layout of all properties, assessed valuation, engineering details such as sewer and water, availability, traffic improvements proposed and indicat�ons of financing proposals Mr. Boardman stated, instead of gett�ng into a market study, he felt this would be the way to proceed. He stated there are indications from developers that there is an interest in this area. Mr. Qureshi, City Manager, felt if a consultant is go7ng to put together a prospectus, they should involve the existing businesses and property owners MOTION by Councilman Hamer m k to receive the report and authorize staff to prepare the consultant proposal for the September 25, 1978 meeting. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Hamernik to authorize payment of Claims No. 236A03 through 250897. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous1y ESTIMATES: MOTION 6y Councilman Schneider to approve the estimates as submitted, N.D.H. Incorporated 7�0 Industry Avenue NW Anoka, MN 55303 PARTIAL Estlmate No. 1- Street Improvement Pro�ect �117,54�.86 ST. 1978-6 Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPDINTMENT (CITY EMPLOYEE). MOTION by Councilman Hamernik to concur with the appointment of Sidney Inman, Accounts and Budget Officer at $1,560/month, effective Septem6er 25, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. }it� �' REGULAR MEETING OF SEPTEMBER 11, 1978 PAGE 13 CONSIDERATION TO AUTHORIZE SUBMISSION OF A LETTER DATED SEPTEMBER 11, 1978 TO THE BOARD OF CORRECTIONS MOTION by Councilman Schneider to authorize the Mayor to sign and submit the letter to the Minnesota Board of Corrections dated September 11, 1978 as weiT as to the other agencies. 5econded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman F�tzpatrick to ad,7ourn the meet�ng. Seconded by � Councilman Schneider. Upon a voice vote, all voting aye, A1ayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 11, 1978 adjourned at 12•00 midnight. Respectfully submitted, n l /�/CC,��� Y `�� �-�r `— ��22Ct �-,��L`� �� v � Carole Haddad William �. Nee Secy. to the City Council Mayor Approved: September 25. 1978 ' '