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.
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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
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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
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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
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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
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REGULAR MEETING OF DECEMBER 18, 1978
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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.
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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.
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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.
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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.
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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
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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