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12/18/1978 - 00013958THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF �ECEMBER 18, 1978 The Regular Meeting of the Fr�dley City Council was called to order at 7.32 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: Councilman F�tzpatr�ck, Councilman Hamernik, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPRO�AL OF MINUTES: REGULAR MEETING, NOVEMBER 20, 1978: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Fttzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 'll•!(17�1 � _11'.� MOTION by Counctlman Barnette to adopt the agenda as submitted. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. 1lISITORS: � East River Road Improvement Proposal. Mrs. Adell Langenfeld, 79 - 63 1/2 Way, appeared before the Council regarding the proposal on East River Road. She asked that her comments be placed on record regarding the feeling of residents on the proposed improvement of East R�ver Road. Mrs. Langenfeld stated the residents feel the Counc�l and County will be creating an uncontrollable monster and all that would happen is the continu- ation of a similar "bottleneck". She stated they were ttred of approaching the Council on this item and they have contacted Mr. Kordiak, Mr. 0'Bannon and Mr. Bud Redepemm �g stating their negative position of this proposal Mrs. Langenfeld pointed out that at the last Council meeting it was stated the matter is out of the Council's hands. She stated this �s not so as they were told Anoka County will not act until the Council acts. She stated that Mr. Redepenntng has assured them this is still only a proposal, as noted in a letter of December 1, 1976 to the City Manager from Commissioner Kordiak. Mrs. Langenfeld stated it is the residents' understanding that the Northtown Corridor proposal is undergoing the Environmental Impact Statement procedures and they urged Council to incorporate all of East River Road tn that study. She questioned why the Council members didn't inform the�r people of the public hearing held last fall by Anoka County. � Mrs. Langenfeld pointed out in 1976 �t was stated the City would lose Federal Funds, if the pro,7ect didn't go through, but she now understands these funds — are set as�de and earning interest. She indicated this didn't 6other the residents that much, but what d�d concern them was why statements are made which lead them to believe otherw�se. Mrs. Langenfeld stated her husband, James Langenfeld, was perturbed with the statement made by Councilperson Schneider in wh�ch he stated "the Fridley �+_ REGULAR MEETIN& 0� DECE�BER 18, 1978 pAGE 2 Police must spend all their time on East River Road and cannot handle the other problems with the City". She felt the po�nt �s that this statement was a diversion tactic to divert from the real �ssue. Mrs. Langenfeld stated when Mayor Nee was running for third ward Council- person, he stated in his campa�gn literature that "it was an outrage and the East R�ver Road neighborhoods are already being severely damaged by the mounting trafftc load 6eing dumped on us from the north. There's no good reason we should be paying for development that can only attract more and more traffic " Mrs. Langenfeld stated the residents plan to form a C�tizen's Committee to fight th�s proposal and in order to save time, friends and votes, she urged the Council to vote NO when this proposal is acted upon. Mrs. Langenfeld stated, on a personal level, East River Road has caused them a great deal of grief, time and anxious moments trying to keep their property intact. She stated that now the County wants 4D feet of their property and questioned if the Councii realizes the amount of loss not only to them, but others as well. Mr. Bonine, 125 River Edge Way, indicated most of the people in this area feel the same way as Mrs. Lanqenfeld. Mr. Emerson, 99 - comments lOD% and Ri ver Road. NEW BUSINESS. 64th Way, indicated he agreed with Mrs. Langenfeld's felt they should try to discourage traffic on East RECEIVING THE N]INUTES OF THE P 1978: CABA REALTY FIRST ADDITION MINARY Sl1BDIVI J MOTION by Councilman Hamern�k to set the public hearing on this item for January 14, 1979. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OTA PETROLEUM SERVICE, SPECIAL USE PERMIT SP #78-13, STEVEN �aoo nnirvrnor�rv nvrninr ni r_ Mr. Sobiech, PuhTic Works �irector, stated this is a request for a special use permit to allow the property at 5333 Um versity Avenue to be used far sales and service for installation of service station equipment. Mr. Sobiech stated the Plann�ng Commission recommended approval with the stipulation that a sol�d screening fence be erected immediately on the outside storage area and that landscaping be completed in the spring aiid be coordinated and compatible with the landscap�ng of Standard Oil on the south side of the property. Mr. Hanson, 12057 Duke Drive N.E., the petitioner, stated he concurs with the need for exterior improvements. Mr. Hanson stated he hoped to put up the fence yet this year, if it is possible because of the frost conditions. Mr. Qureshi, City Manager, �nd�cated the City has pro6lems in some areas where equipment hits tne fence and ind�cated there should be some protection so that the fence is not damaged. Mr. Hanson stated he didn't think this would be a problem as most of their trade is done away from the shop. Mr. Qureshi questioned the access and drainage. Mr. Sob�ech stated the drainage would be to the service dr�ve and stated the petit�oner doesn't intend to use the alley access. Mr. Qureshi questioned if the fence would interfere with persons using the � 1 � � , � REGULAR MEETING OF �ECEMBER 18, 1978 alley access. PAGE 3 Mr. Sob�ech indicated they would make sure it was back far enough so as not to cause any interference. He stated a stipulation could be added that proper protection of the screening fence be provided. Mr. Hanson felt the only problem they might have is residents driving into the fence whieh would be negligence on their part. Mr. Qureshi pointed out they are trying not to develop a situation where he and the ne�ghboring residents get into a conflict. Councilman Fitzpatrick stated his chief concern is, from reading the minutes, �t sounds like there would be a great deal of outside storage and wondered if the building on the property is suitable for the use proposed. Mr. Sob�ech stated, �n discussions with Mr. Hanson, he didn't get the idea there would be quite a bit of outs�de storage MOTION by Councilman Fitzpatrick to concur with the recommendation of the Plamm �g Commission and approve SP #78-13 with the following stipu- lations: (1) That there be a solid scree m ng fence erected immediately on the outside storage area: (2) That landscaping be completed in the sprtng and be coordinated and compatible w�th the landscaping of Standard Oil on the south side; and (3) That some ktnd of protectton be provtded to prevent damage to the fence. Seconded by Councilman Hamernik. Councilman Hamernik questioned if a time limit should be put on the screening and landscaping. Mr. Sobiech felt the landscaptng could 6e done 6y the m�ddle of May or first of June and the screen�ng they wanted immediately, but depending on the frost conditions thts may have to wait until sprtng also. Mr. Hanson stated there wouldn't be any ou±side storage until the fence is erected. UPON A vOICE �OTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the mot�on carried unanimously. DAN-LAN DEVELOPMENT CORPORATION, LOT SPLIT #78-05, SOUTH OF Mr. Sobiech, Public Works Director, stated there is also a variance request associated with thts lot split and asked that Council cons�der action on the lot split when they receive the variance request There- fore, no action was taken on th�s item at this meeting. PROPOSALS FOR DOWNTOWN REVITALIZATION: This item appears later on the agenda regarding selection of a consultant for the downtown revitalization program. MOTION 6y Councilman Fttzpatrick to receive the minutes of the Planning Commission Meeting of December 6, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously VING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF MOTION by Councilman Schneider to recetve the minutes of the Cable Television Commtss�on Meeting of November 29, 1978. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 126-1978 FOR A COMMERCIAL FACILITY DEVELO f �r REGULAR MEETLNG OF DECEMBER 18, 1978 PAGE 4 Representat�ves of the Perlman-Rocque Company (North) appeared before the Council regarding development of a commercial facility in the City af Fridley. They stated they wished to build a distribution faci7ity to supply the McDonald's Systems Incorporated with various products and supplies needed to operate a fam�ly type restaurant. They explained the facility will be built on approxTmately stx acres of land off East River Road, south of I-694. A site plan and artist's conception of the building were submitted for the Council's rev�ew. The proposed building is approximately 56,78D square feet with 28,600 feet for dry storage; 15,180 square feet for refr�geration; 7,000 square feet for the truck court; and 6,000 square feet for offtce and mezzantne. It is proposed to have a service drive for the truck yard to go on to 52nd Avenue. Mr. Bernie Friel, Attorney with the Briggs and Morgan law fi rm in St. Paul, explained the difference in the industrial tax exempt mortgage as opposed to the industrial revenue bonds. He stated, in the case of industrial revenue bonds, you have an underwr�ter invoived which is not the case in an industrial tax exempt mortgage, He stated the proposed user comes to the Counc�l with a banker who is willing to pick up the f�nanc�ng �n a single note. He stated the mum cipal obligation �s to see that the principal and interest of the note is pa�d from the revenue derived. Mr. Friel stated the resolutton before the Council relates to the purposes for the financrng and pointed out there is nothinq Tn the resolutian that obligates the City to issue this note. Councilman Barnette questioned if, �n fact, this fac�lity was built and the company went broke, if the City was obligated to make good on the note. Mr Frtel stated there is no financial obligat�on for the City, but the purpose of the financing is to help increase the City's tax base. Councilman Fitzpatrick �ndicated there was a lot of material and details 7n the agenda regard�ng this proposed project. MOTION by Councilman F�tzpatrick to adopt Resolut7on No. 126-1978, as noted on Pages 3 through 3C of the agenda book. Seconded by Council- man Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. OF FOR DOWNTOWN REVITALIZATION Mr. Sobiech, Public Works Director, stated this ttem was before the Planning Corrmission and their recommendat�on was to proceed with pro- fessional Planning and Development as the consultant. They also recomnended either a spec�al assessment of the property owners �n the area or a cooperative financing from property owners �n the area to help pay for it. Mr. Sobiech stated a selection group was formed consisting of Jerry Boardman, City Planner, Bruce Goodman, Management Analyst, and him- self to make a recomnendation on the consultants. He stated they based their recommendat�on on bid proposals, publication presentations by the consultants, input from the Counc�l and public at the presentations, reference calls to cities and firms fam�liar with the work of the con- sultants and a rev�ew of reports previously completed 6y the consultants. Besides this criteria, other things taken into considerat�on were good communications w�th the Council, business community, general public and staff; a working knowledge of fi nanc�al analyses and strategies; work�ng knowledge of d�fferent types of grants that are available and the grants process; ability to conduct field research; a6ility to explain the potential of a pro,7ect to developers and types of serv�ces provided in relation to the cost of the proposal. Mr. Sobiech stated, after careful review and analysis, it was the selection � ' �--� L� 1 � 1 REGULAR MEETING OF DECEMBER 18, 1978 PAGE 5 group's recommendation that Professional Planning and Development be selected as the consultant for the downtown revitalization program. Mr. Sobiech explained four phases are ind�cated in this program and the consultant is aware that the City has the right to terminate the contract at the completion of any phase. Councilman Barnette stated it was his understand�ng that a local Twin Cities firm would have some advantage. Mr. Sobiech stated Professional Planning and Development has Mankato as their address, but have found they are working more and more in the metropolitan area. Mr. Herrick, City Attorney, stated he could see no problems wtth the City's right to terminate after any phase since costs were listed. Councilman Hamernik stated the Planntng Commission's recommendation regarding the financing was considered at one time and it was felt this wasn't the approach the City should take at this time. He pointed out he was not ignoring their concerns and appreciated their comments, but felt the approach they are taking is probably the most feasible and best way to get the program started. MOTION by Councilman Hamernik to concur w�th the recommendation of staff and award the bid to the Professional Planning and Development Company and proceed, as recommended, with the execution of the contract. Seconded by Councilman Schneider. Councilman Schneider stated he basically concurs with the recommendation of the Planntng Commission tn trying to get the bus7ness community to share some of the expenses, 6ut felt they have to look at a starttng point. He felt, however, it would be a benefit tf this could be de- veloped. He stated he looked at this as a catalyst to get somethtng mov�ng and not for the City to overshadow the private business sector. Mr.S�biech stated the total amount for the study would be $15,500. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICE FOR ANIMAL CONTROL. Mr. James Hill, Publ�c Safety Director, stated two quotes were received for animal control service in the City for 1979. These were from MAPSI, who currently has the contract with the City for these serv�ces, and the other was from Blaine Midway. Mr. Hill stated there were two plans, Plan A and Plan B, su6mitted for quotes. Plan A is basically the system the City is accustomed to or an itemized system where the City agrees to pay a certain rate for the type of services. He stated both MAPSI and Slaine Midway submitted quotes for this type of service. Mr. Hill stated, on Plan B, which is basically a flat rate regardless of the number or type of calls and the City is b�lled by the month, MAPSI did not submit a quote for that type of system. Mr. Hill stated, in reviewing the quotes, they find that Blaine Midway was slightly lower than the quotes received from MAPSI and are, there- fore, recommending that the animal control contract for 1979 be awarded to Blaine Midway. Mr. Hill stated they are not spec�fically stating which plan would be used, but would anticipate they would stay with the original system for a certain amount of time unt�l they get some feel as to what the costs would 6e. He stated Blaine Midway has indicated there would be no pro6lem, if the City wanted to switch to the other type of 6illing. Councilman Schneider stated last year when they were looking at the bids, there was some question regarding the adequacy of the facilities at Blaine Midway. �,. REGULAR MEETING OF DECEMBER 18, 1978 PAGE 6 Mr. H�11 stated he has not personally inspected the facilities this year, but taiked with other cities who do use this serv�ce and they are satisfied with the services provtded. Mayor Nee questioned what kind of controls there are on 6usinesses of this type as far as checking for disease. Mr. Greg Wax, owner of Blaine Midway, stated they are inspected periodi- cally by Federal inspectors and he is Federally licensed. He indicated he was more than happy to show the Council all or any inspection re- ports they have had since they've been in business. Councilman Fitzpatrick questioned how animal diseases were controlled Mr. Wax stated through disinfectants and hard contrnuous scrubbTngs. MOTION by Councilman Barnette to approve Blaine Midway for animal control services for 1979. Seconded 6y Counc�lman Hamern7k. Dr. Hedges, owner of the Brighton Veter�nar•y Hospital at 2615 Miss�ssippi Street, felt Ruth Duchaine of the State Animal Humane Society should be contacted regarding the disease problems at Blaine Midvaay. He stated he was asked by Ms. Duchaine to testify on some of the disease problems at Blaine M�dway, as they have had cases of distemper and kennel cough which he felt should be laoked into further. Councilman Fitzpatrick stated he has heard of thts type of thing anc that was the reason for his earlier question. He felt, from the presentation, there isn't sufficient reason for changing the animal control services to Blaine Midway as MAPSI seems to be satisfactory. Councilman Schneider stated the reason for his question was that he had stopped by Bla�ne Midway unannounced and it was less than he had hoped to see. He asked Dr. Hedges if he was aware of similar problems with MAPSI Dr. Hedges stated he has seen kennel cough problems at MAPSI. Mr. Hill stated he wished to emphas�ze they are totally satisfied with the services provided by MAPSI and the only reason they were recommending the change was because it was a lower 6id. He stated, after checking with other cities regarding Blaine Midway, he could find no detrimental reason not to recommend the low bidder. Councilman Hamernik stated his primary reason for supporting the Blaine Midway proposal was that they can reduce the patrol in the City, if they so desire. He stated he was surprised MAPSI appeared to be a littie negative �n that aspect. The manager of MAPSI stated in Plan B there are a lot of unknown factors. Mr. Hill stated MAPSI �s not offering a b�d on Plan B, but s�mply say�ng they have the prerogative of reducing the number of patrol hours under Plan A. He stated he understands, if they reduce the patrol hours, that may increase the special calls. Mr. Wax stated he has heard some unrealistic and untruthful remarks and would like to inv7te the Council out at any time to check on his facil�ties The manager of MAPSI po�nted out if they have to "do away" with any animal, their contract indicated they are liab7e and would have to defend the City and have proper insurance. He stated they do have a veterinarian on call. He stated, tf the City is going to award the contract to Blaine Midway, he would'make sure they have a licensed veterinar�an. Mr. Hill stated the spec�ficat�ons do address this situation and the question of liability. 1 1 � ' 1 , REaULAR iqEETING OF DECEP•1BER 18, 1978 PAGE 7 MOTION by Councilman Schneider to table this to the first meeting in January in order to allow staff time to follow up on these po�nts brought up at this meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, ��layor Nee declared the motion carried unanimously. f+lr. Hill stated he would tnvestiq_ate the health conditions further and report back at thE next meeting. IDERATIO^! OF CHANGE 0 IMPROUEMENT PRO�ECT ST. 1! UtLt11NG CERTAIN STREETS FRDM PROJECT: Mr. Sobiech, Public �Jorks 6irector, stated this change order involves the curbing and sidewalks around the �illage Green property s7te, and stated the�� would be added to the 1979 pro,7ect. P��JTION by Councilman Schneider to approve Change Order ,�5, Street Imorove- ment Pro,7ect St. 197&-1 with �JDH, Inc. to deduct the following: 63rd Avenue (5th Street to 7th Street); 7th Street (63rd Avenue to P1ississlpp� Street); and 5th Street_(63rd Avenue to 130 feet North) for a total de- duction of $17,496.22. Seconded by Councilman Fitzpatrick. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried una m mously. RESOLl17I0N N0. 127-1978 TO ADUERTISE FOR BIDS FOR MISCELLANEOUS CONCRETE F10TION by Councilman Hamerm k to adopt Resolution iJo. 127-1978. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, �layor Nee declared the motton carried unan�mously. RESOLUTION N0. 128-1978 REQUESTING ANOKA COUNTY COMMISSIONERS TO APPROVE TP9PROVEf�ENT PRO�ECTS FOR EAaTi2IVER ROAD AT 79TH WAY NORTNEAST IN THE CIT MUTION by Councilman Barnette to adopt Resolutton No. 128-1978. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 129-1978 OR�ERING IMPROVEMENT, FINAL PLANS AND SPECI- FICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1979-1, ST. 1979-2 (MSAS AND ST. 1979-4 (CSAH : MOTION by Councilman Hamernik to adopt Resolution No. 129-1978. Seconded by Councilman Schneider. Mr. Sobiech, Puhltc Works Director, stated, based on the pu6lic hearing held last week, Arthur Street was eliminated under St 1979-2 and the sidewalks for East River Road were elim�nated under St. 1979-4. Mayor Nee stated, at the public hearing last week regarding the sidewalks on East River Road, it appeared about everyone was opposed to this improvement so that has been deleted. He stated he under- stands there are persons present this evening who wish to express themselves regarding the basic pro�ect. Mr. Sobiech stated generally the improvement was tc consist of safety improvements to the roadway by adding sidewalks and shoulder areas. He stated medians were also proposed to protect the left turn movements and these locations were pointed out on the map Mr 5obiech stated the improvement pro,7ect was ordered in 1971 and several stages have been completed, but the final phase has never been done. Mr. Sobiech stated a publtc hearing is again being held because of new legislation which requires that improvements having an assessment must be completed in a year and s�nce the pro,7ect was ordered in 1971, a new hearing is being held. Mr. Sobiech stated the resolution now before the Council is ordering the improvement and authoriz�ng certain assessments. Councilman Fitzpatrick stated the people in the audience have been led to believe that, even though this is a County pro,7ect, there is a po�nt where the City has an approval or re,7ection position. � �-F REGULAR MEETING OF DECEMBER 18, 1978 PAGE 8 Mr. Herrick, City Attorney, stated there are two things you are talking about--one is Tegal authority to do the improvement and the other is the politics of whether it is going to be done or not. He stated the County has the authority to proceed with the �mprovement, without approval of the C�ty. He stated, as a practical matter, however, the County may not do this. Mr. Ray Humann, 40 - 62 1/2 Way, submitted the notice he received to the City Attorney for his review. Mr. Nerrick pointed out the notice addresses a number of pro�ects and lists the streets to be improved. He pointed ' out, at the hearing last week, there was discussion on what is proposed at this time, and what would be assessed. Mr. Humann stated it seems this matter comes up every few years and wondered if someone from the County was pushing this improvement. Councilman Barnette stated he understands the County's v�ewpoint of the improvement is a way of moving traffic. �1r. Wronski, i89 River Edge Way, stated if the left turn medians are installed, they would be gett�ng more traffic on their street, He stated he understands putting in the medians �s simply a safety precaution and felt �t would be more practical to s7mply lower the speed limit. Mayor Nee stated that Mrs. Langenfeld quoted him correctly and stated he has always shared their view and worked for a number of years to try and find some reasonable alternative on the safety issue. He stated the City pet�tioned for a 35 mile per hour speed limit and was turned down by the State. He stated the C�ty has init�ated extensive control in trying to find some solution to the safety problem. Mr. Emerson, 99 - 64th Way, felt, by improving East River Road, they are inviting more traffic and felt the Northtown Corridor would eliminate traffic on East River Road. Mr. Hill, Public Safety Director, stated the Police Department finds �t ' very difficult to make stops on East River Road as there are only a few p]aces where it is relati�ely safe to stop motorists. He stated about 50% of the STEP time is used for enforcement on East River Road. Mr. Ellis, 70 - 63rd Way, felt the improvement would only be putting a band-aid on the project for a 7 block stretch, as tfiat would be the only place the police could stop cars. Ms. Pangburn, 80 - 62 1/2 41ay, pointed out that, if they proceed with this improvement, it would be necessary for her garage to 6e moved. Mr. Qureshi, City Manager, po�nted out that if the property owner can prove that this improvement adversely affects their property and they have suffered damages, they would be compensated. Mr. Qureshi stated, as the road is now, it gives no protect�on for pedes- trian or non-motor�zed vehicles. He stated the City desires to make East River Road safer for the residents. Mr. Bonine, 125 River Edge Way, felt, by improving the road, you would have more traffic and �t would be moving faster. Councilman Barnette stated in 1976 there was a pro�ect committee working on this matter of East River Road and they were talking about left turn ' lanes to make �t a safer roadway. Mr. Fessenden, 111 - 63 1/2 Way, stated what they were dtscussing was an alternative to thts plan, however, there was no mention of widening the road in ord�,r to accomplish this. Mr. Fessenden stated he has no ob�ection to entering or exiting on East River Road and hasn't seen a true safety factor. �J � �' REGULAR MEETING OF DECEMBER 18, 1978 PAGE 9 Mr. Wronski questioned if the City has come up with any alternatives to this proposal. Mayor Nee stated the County proposal was to put medians in all the way and as a result of the hearings in 1971, the City prevailed on the County to permit these turning procedures into the neighborhoods. Mr. Fessenden felt, by improving East River Road, �t would only make it more attractive and they would have more traffic. Mr. Fessenden stated, at the time of the pro�ect committee study in 1976, the Minnesota Pollution Control Agency did take decibel ratings on East River Road and they were in excess and any widening would be detrimenta1 as it would increase the noise. Mr. Jim Langenfeld, 79 - 63 1/2 Way, stated Mr. Redepenning indicated they would not violate the noise pollution levels and that the readings would only be a few decibels higher, but felt there was a tremendous environmental concern irregardless of the traffic. Mr. Sobtech stated the County submitted an environmental assessment in making application for the project and they felt, based on certain noise level readings, that there would be no discernable increase in noise after the improvement as to what exists now. Mrs. Slater, 128 River Edge Way, stated all the people living on East River Road are satisfied and asked why the Council couldn't leave it alone. Councilman Fitzpatrick stated it surprises him that those persons who, over the last few years, were concerned with the safety and ask�ng for left turn lanes are not present this evening. He stated if the people present do represent the feelings of the people on East River Road, he stated he certainly has to represent them in his decision. By a show of harids, about 16 people living on the West side of East River Road and about 12 people from the east side of East River Road were present and ob,7ected to the improvement. Councilman Schneider stated he believes there is a serious safety factor involved. He pointed out that 50% of the STEP program �s for enforcement on East River Road and indicated this program will probably not 6e in existence in the next several years. Councilman Hamernik fe7t they have to be realistic and consider the safety factor. Councilman Fitzpatrick stated the people here this even7ng are the ones wtth the biggest safety problem, as they are turn�ng off and onto East River Road. He tndicated he would like to see demonstration of the fact, that these people speak for all the people east and west between Charles Street and 64th Way. Councilman Fitzpatrick stated he does feel they are hearing from the people whose safety is most in �eopardy Mr. Wronski stated they are all concerned with the safety problem, but are not in agreement with this particular solution. He ind�cated they want the safety problem resolved, but are not in favor of widening the road and putting in medians. He felt there had to 6e other alternatives. Mayor Nee stated it isn't as though the City hasn't tried to f�nd other alternat�ves. Mr. Langenfeld stated to imply that they are not safety conscious is not true, but indicated they don't know if the improvement would increase traffic and create bottlenecks. MOTION by Councilman Barnette to table this �tem. Seconded by Councilman Fitzpatrick. Councilman F�tzpatrick felt the storm sewer pro,7ect would have to come i F� REGULAR MEETING OF DECEMBER i8, 1978 PRGE,10 as a separate proposal as �t is now t�ed to the �mprovement of East River Road. Mr. So6iech felt even if there is a problem with the total �mprovement, they should continue with the storm sewer improvement. COUNCILMAN FITZPATRICK WITHDREW HIS SECOND, AND COUNCILMAN BARNETTE WITH- DREW HIS MOTION. Mr. Herrick, City Attorney, stated the resolution could be adopted by amending the resolution to cover the drainage improvement only on East River Road from Charles Street to 64th Way. MOTION by Councilman Barnette to amend Resolution No. 129-1978 Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement ProJect ST. 1979-1, ST. 1974-2 (MSAS) and ST. 1979-4 (CSAH) by changing the portion under ST. 1979-4 to read that this shall cover storm sewer �mprovements only as it relates to East River Road from Charles Street to 64th Way. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. RECESS: Recess called by Mayor Nee at 11:10 p.m. RECONUENE�: Mayor Nee reconvened the meeting at 1i:25 p.m present. ION N0. 130-1978 OR�ERING I All Council members were FTNAL PLANS AND SPECIFICAT MOTION by Councilman F�tzpatrick to adopt Resolution No. 130-1978. Seconded by Councilman Schneider. Upon a voice vote, a11 vot�ng aye, Mayor Nee declared the mot�on carried unantmously. COPlSIDERATION OF CAPITAL IMPRO�EP1ENT PROJECT FOR MUNICIPAL STATE AID SYSTEM: Mr. Sobiech, Publ�c Works Director, stated this five year construction program proposed for the City and is a continuation of the City's existing street improvement and surface treatment programs. He explained thts was requested by the Office of State Aid and involves the Muntcipal State Aid program for streets. Mr. Sobiech stated this program can be adJusted annually. �r. Sob�ech pointed out the City still has to follow the appropriate hearings for improvements, if it was an assessing pro�ect. MOTION by Councilman Schne�der to approve the capttal improvement pro�ect for the Municipal State Aid System. Seconded by Councilman Hamernik. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unam mously. CLAIMS MOTION by Councilman Schne�der to authorize payment of Claims No. 339P06 through 348W07. Seconded by Counc�lman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot7on carried una m mously. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the L�cense Clerk's Office. Seconded by Counci7man Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I I � � 1 REGULAR MEETING OF DECEMBER 18, 1978 LICENSE - HEDGES TREE SERllICE: PAGE 71 Dr. Hedges, operator of the Brighton Veterinary Clim c, appeared before the Council regarding his application for a license to operate a tree service It was pointed out that Dr. Hedges would not be complying with the ordi- nance as he did not carry workmen's compensation. Dr. Hedges stated he did college and enjoys this inarian practice. thzs type of work while working h�s way through sort of work as an outlet from his regular veter- ' He stated he would be doing this type of work alone and would not have any employees He indicated he would probably average 2 or 6 hours a week and poinied out that workmen's compensation insurance runs 6etween $50�-$600 regardless of how many hours worked. � � Mr. Herr�ck, Ctty Attorney, stated he would have to check, if he was the sole person doing this work, if workmen's compensation was required. Dr. Hedges stated, in checking w�th his insurance agent, he was told it was not required. He stated he is adequately covered as far as the liabil- ity, through the Rice Creek Agency. MOTION by Councilman Schneider to grant the license to Dr Hedges for his tree service contingent on a determinat�on by the City Attorney that work- men's compensation is not required and provided that Dr. Hedges indicates his interest in being the sole proprietor. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted Smith, Juster, Feikema, �almon & Haskvitz Suite 125D Bu�lders Exchange Bu�ld�ng Minneapolis, MN 55402 For legal service rendered as Prosecutor during November, 1978 Weaver, Talle & Herrick 316 East Main Street Anoka, MN 55303 For legal service rendered as City Attorney during November, 1978 NDH Asphalt, Inc. 706 Industry Avenue N W. Anoka, MN 55303 $ 2,080.00 $ 1,766.80 FINAL Estimate #4 - Street Improvement Project St. 1978-1 �37,607 23 FINAL Estimate #4 - Street Improvement Pro�ect St. 1978-2 $ 7,817.27 FINAL Estimate #4 - Street Improvement Pro�ect St 1978-4 1,351.30 Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT MOTION by Councilman Hamernik to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all vo�ing aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley Council of December 18, 1978 ad�ourned at 11:40 p.m. Respectfully subm�tted, ��� ���i'�— Carole Haddad Secy. ta the City Cauncil Approved: G�'.��� 2��-�2_ W�lliam J. Nee Mayor