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04/14/1980 - 00013566/� � � � THE MINUTES OF THE PUBLIC HEARIMG MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 14, 1980 The Public Hearing Meeiing of the Fridley City Council was called to order at 7 38 p.m. by Mayor Nee. PLEGE OF ALLEGIANCE Mayor Nee led the Council and audience �n the Pledge of Allegtance to the Flag. ROLL CALL MEMBERS PRESENT P1EMBERS ABSENT ADOPTIO�d OF AGEPIDA• Councilman Barnette, Councilman Schneider, Mayor Nee, Counc�lwoman Moses and Councilman Fitzpatrick None Mayor Nee requested the following two items be added to the agenda. (1) Receiving Petition from Residents on East River Road and 61st Avenue Re• Painted Crosswalk and (2) Consideration of a Resolution to the FCC in Support of Conments by the National Association of Regulatory Utility Commission. hi0TI0N by Councilman Fitzpatrick to adopt the agenda w�th the a6ove two add�tions. Seconded by Councilman Schneider. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARIPJGS UBLIC HEARIfdG ON AN ON-SALE LIQUOR LICENSE AND NDAY LIQUOR LICENSE 1 MOTION by Councilman Schneider to watve the reading of the public hearing 1 notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7 41 p.m. Mr. 6runsell, City Clerk, stated the Police Department has no adverse comments and the Fire Department has no outstanding orders. He stated the Council did receive some comments from the Public Works Department regarding parking for this establishment. Counc�lwoman Moses asked tf Maple Lanes was asked to complete the blacktopping this year when the license was issued last year, Mr. Flora, Public Works �irector, stated the blacktopptng was addit�onal and they were �nformed to complete the landscaping. He felt the question might be to what degree the Council wishes to proceed to enforce the requirements. Mr. Qureshi, City Manager, stated staff has been vaorking with the property owner to complete the improvements and meet the code and suggested the owner be contacted to obtain a response or schedule for compliance. Mr. Brunsell, City Clerl<, noted in last year's aublic hearing, Mr. Sobtech had stated staff was work�ng with Maple Lanes and some of the �mprovements had been made. P1r Qureshi, City Manager, stated certa�n requ�rements they would have to comply with, such as a handrail, as this is a State requirement. He felt the City should work Unth them to give them a reasonable time to comply vn th the code. Mr. Herrtck, City Attorney, stated if there are certain types of proficiencies, such as a lack of handrails, he would suggest the City move quite quickly on this requii°ement as someone could be in�ured and if it is found the C�ty was aware of the deficiency and didn't require it, they could 6e named in any action ' � � !, PUBLIC HEARING MEETING OF APRIL 14, 1980 PAGE 2 someone might bring. He felt the Inspection Department could use some d�s- cretion, but where there are safety factors involved, he felt these should be done. Mr. Brunsell stated Maple Lanes does meet the 40°lo food sales requirement Councilwoman Moses suggested a corrununication be sent regarding a schedule when improvements would be completed, and the staff was directed to contact ' the owner, No persons in the audience spoke for or against the issuance of this license. MOTION 6y Councilwoman Moses to close the publ�c hearing. Seconded by Council- man Fitzpatrick, Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7 55 p m. LIC HEARING ON RN ON-SALE LIQUOR LICENSE AND A SUNDAY LIQUDR LICENSE WILLIAM F WEISS FOR THE PROPERTY LOCATED AT 6490 CENTRAL AVENUE N.E a: SAN�EE'S. INC. MOTION by Councilman Schnetder to waive the reading of the public hearing nottce and open the publ�c hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing op�ned at 7 55 p.m. Mr. Brunsell, City Clerk, stated this establishment does meet the 40°; food sales requirement and the Police Department recommends approval of the license. He stated the Fire Department has no outstanding orders, however, the Council did receive comments from the Public Works Department regarding their parking. Councilman Fitzpatrick felt if they repeatedly have difficulties in ,7ustifying the curbing requtrement, they probably should take a look at the code � Mr. Qureshi, City Manager, stated, in landscaping and drainage control, if you have some curbing, the drainage can be controlled better. He pointed out Sandee's have maintained their property quite well and perhaps some of the older properties that were bu�lt under the old codes might be gtven consideration for deletion of this requirement. No persons in the aud�ence spoke for or against the issuance of this license. MOTION by Counctlman Barnette to close the public hearing. Seconded by Councilman Schnetder. Uoon a voice vote, all vottng aye, Mayor Nee declared the motion carrted unanimously and the pu6lic hearing closed at 7 58 p.m PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AND A SUfdDAY LIQUOR LIGENSE TO WILLIAM A. NICKLOW FOR THE PROPERTY LOCATED AT 6161 HIGHWAY u65 N E. dba. SHOREWOOD INN, INC. : MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and the pu6lic hearing opened at 7:58 p.m. P1r. Brunsell, City Clerk, stated this establishment does meet the 40% food sales requirement and the Police Department recommends approval of the license. He stated the Fire Department has no outstanding orders, however, the Council has a � report on the parking lot, Mr. Qureshi, Ctty P1anager, stated this business does generate a lot of traff�c and if the Counc�l feels strongly they should provide additional parking, there is land available which can be negotiated with the ad,7oining property owner. Councilwoman Moses stated she noticed there were many cars parked on the service drive. i �. ( i PUBLIC HEARING MEETING OF APRIL 14, 1980 Page 3 No persons in the audience spoke for or against the issuance of the license. MOTION by Counc�lman Barnette to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously and the public hear�n9 closed at 8:00 p.m. MOTION by Councilman Schneider to direct the administrat�on to communicate with the owner regarding a parking plan. Seconded by Councilwoman Tloses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. MOTION by Councilman Schneider to waive the reading of the public hearing not�ce and open the public hear�ng. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the public hearing opened at 8:01 p.m. Mr Brunsell, City Clerk, stated this establishment does meet the 40% food sales requirement and the Police Department recommends approval of the license. He stated the F�re Department has no outstanding orders, however, there are some comments regarding their parking lot. Mr. Quresht stated staff would contact them and request a t�me table for correct- ing the problems with the parking lot. No persons in the aud�ence spoke for or aga�nst the issuance of the license. MOTION by Councilman Schneider to close the publ�c hearing. Seconded by Council- woman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at F3.03 p.m. Mayor Nee asked that the Councii consider Item 13 on the agenda at this time for purposes of opening the bids for specia7 assessment bonds which was scheduled for 8:00 p.m. CONSIDERATION OF A RESOLUTION AWARDING THE SALE OF $1,755.00D GEfJERAL OBLIGATION Mr. Ehlers of Ehlers and Assoc�ates stated that the Legislature passed the tax b�ll which contains a provision raising the rate on municipal bonds from 7 to 12%. He stated this bill has not, as yet, been signed by Governor Quie, therefore, this item was noted to the bidders and bids were received w�th this knowledge He pointed out �t was stated that the sale of the 6onds would be subaect to this legislation and the Governor srgning the bill and, if he vetoed the bill, the bids would become null and void. Mr. Ehlers opend the b�ds and stated two bids have been received, one from Banc north�vest and one from the First fJat�onal Bank of St. Paul. Mr. Ehlers stated the bid from Banc northwest shows a net interest cost of $1,04II,420 for a net rate of 7 7538% and the bid from the First National Bank of St. Paul shows a net interest cost of $1,056,271.75 for a net rate of 7.81193%. Mr. Ehlers asked he be given t�me to tabulate the bids and report back to the Counc�l later �n the meettng. IC HEARING ON AN ON-SALE LIOUOR LICEIJSE AND A SUNDAY LIOUOR LICENSE TO MOTION by Counctlman Fitzpatrick to wa�ve the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously and the public hear�ng opened at 8:25 p.m. 1 1 , � � � PUBLIC HEARING MEETING ON APRIL 14, 1980 Page 4 Mr. Brunsell, City Clerk, stated the Po1�ce Department recommends approval of the license and ihe Fire Department has no outstanding orders. He stated, in regard to the 40% food sales, th�s requirement is met if you compare ,7ust the food and liquor sales and don't take inio account the game room sales. He noted that comments were also submitted on their parking. Mr. Herrick stated, as far as the game room sales, he felt it would be similar to the revenue of a 6owling alley and didn't think that was the intent of the ordinance. Mr. Qureshi stated staff could contaci them regarding the parking, however, he felt they would probably brin9 this up to code as they ,7ust recently added an add�tion to their hu�ldtng. No persons in the aud�ence spoke for or against the issuance of the license. MOTION by Councilman Fitzpatr7ck to close the �ubl�c hearing. Seconded by Counctlwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hear�ng closed at 8 27 p.m C HEARING ON AN ON- IES IN FRIDLEY AND A SUNDAY LIQUOR LICENS MOTION by Counc�lman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8;27 p.m Mr. Brunsell, City Clerk, stated the Police Department recommends approval of the license and the Fire Department has no outstanding orders. He stated this establishment does meet the 40% requirement for food sales. He pointed out there is no handrail at this bus�ness. Mr. Qureshi, City Manager, stated he was sure they wculd comply with the require- ment for a handrail. No persons in the audience spoke for or against the issuance of the license. MOTION by Councilwoman Moses to close the public hearing. Seconded by Council- man Schneider. Upon a voice vote, all vot�ng aye, P�1ayor Nee declared the motton carrted unanimously and the pu6lic hearing closed at 8 29 p.m PUBLIC HEARING ON AN ON-SALE FIRESIDE RI LICENSE AND A SUNDAY LIOUOR LICEfVSE TD FRI MOTION by Councilman Schneider to waive the reading of the oublic hearing notice and open the public hearing. Seconded by Councilman Qarnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously arid the public hearing opened at 8:29 p m. Mr. Brunsell, City Clerk, stated this establtshment does meet the 40% food sales requirement He stated the Poltce Department recommends approval and the Fire Department has no outstandtng orders. He pointed out the Council does have some comments regarding the parking lot. No persons in the audience spoke for or against the issuance of the license. MOTION by Councilman Barnette to close the public hearing. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8 30 p.m. , �,} , � �� �1� PU6LIC HEARING MEETING OF APRIL 14, 1980 Page 5 MOTION by Councilman Schneider to wa�ve the reading of the Public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8.30 p.m. Mr. Brunsell, City Clerk, stated the Police Department recommends approval and there are no outstanding orders from the Fire Department. He stated, at the present time, this establishment does not meet the 40% food sales requirement, however, they have been in business for only several months, since there was a change of ownership. He stated the food sales in relation to the liquor sales �s now 34% and was sure the owner knows he has to meet the 40% requirement. Mayor Nee stated it seems th�s clearly is a restaurant and exceptions have been given to persons getting started in business. Councilwoman Moses felt they should be aware of this requirement so they would be in compliance by next year. No persons in the audience spoke for or against the �ssuance of the license. MOTION by Councilman Schneider to close the public hearing Seconded by Council- woman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:31 p.m. OLD QUSINESS: I Mr. Flora, Public Works Director, explained the variances requested which would be needed for the proposed addition and construction of the load�ng docks. Mr. Flora stated the Counc�l has a letter dated April 9, from Mr. Gustavson, stating they intend to install a privacy fence along the North boundary of their property to screen the trailer park and planting of trees on each side of the driveways and replacement of the existing gravel borders with grass. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant the variances with the stipulation that the screentng and landscaping plans be incorporated. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RECEIVING THE FINDINGS OF FACT FOR DENIAL OF IN STREET N.E. FOR VARIANCES OF THE FRIDLEY ESOTA: MOTION by Councilman Fitzpatrick to adopt the Findings of Fact, Conclusions of Law and Drder in the matter of the application of Gordon Hedlund for certain variances. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW GUSINESS CONSIDERATION OF CNANGE ORDER N0. 3 FOR KALWALL ROOF ON NORTH PARK BUILDING Mr. Qureshi, City Manager, stated he would suggest that the Council only consider a change order for the Kalwall reof in the amount of $9,000. Mr. Quresht stated the cost figures shown for the other items, smoke detect�on system in the assembly room, are higher than what was quoted over the phone and he would like an explanation before action is taken. ' , ' PUBLIC HEARING MEETING pF APRIL 14, 1480 Page 6 MOTION by Councilwoman Moses to adopt Change Order No 3 for $9,OOD for a Kalwall roof in the North Park 6uilding. Seconded by Councilman Schneider Mr. Dick Harris, Chairman of the Planning Commission, stated he had some real reservations about the Kalwall system and the bu�lding itself. He felt there was a better way of constructing this classroom that would fit �n with the aesthetics of the building. Councilwoman Moses stated the Council has met with the Parks and Recreation � Commission last week regarding this matter and the Commission felt comfortable with the Kalwall roof and recommended it to the Council Mr. Harris stated he was not only concerned about the energy eff�ciency in the winter, but that you might get a greenhouse effect in the summer. He also questioned the integrtty of the building as far as vandalism, and stated the Kalwall would be very expensive material. Mr. Harris felt, because of the p�tch of the roof, snow would probably pile up in the winter and, because of the heat loss through the Kalwall, you would get a melting action and any shrubbery along that side of the building would take a beating. He pointed out this was a very expensive structural system and felt it could be redesigned to fit �nto a better aesthetics scheme and protect the integrity of the building. He stated he personally has never seen one of these systems work in this climate and does have reservations about it. Councilwoman Moses stated the problem with the snow was never brought up at the meeting last week and sounded like it could be a potential problem. Mr Qureshi, City Manager, felt all the points, both pro and con, were hrought out by staff at the last meeting. He stated some of the comments Mr Harris made were brought out such as the expense, vandal�sm and less energy efflc�ent. He stated, on the posit�ve side, the Kalwall roof would give a feeling of openness and add aesthetic character to the building. He stated the question of the snow ' wasn't laid out as clearly as Mr. Harr�s' comments, but it was considered. Mr. Qureshi stated the cost of different roof structural systems was discussed with the present low bidder and he was asked what would be saved �n going to another system rather than planned system and he stated it would he a m�nimal cost consideration. Mr. Qureshi stated another contractor may have a dtfferent opinion. � Mr. Harris stated his concern was the eventual integrity of the building and, if it was going to cost more to maintain, possi6ly a little prudent investigat�on at this time may save in the future. Mr. Qureshi stated, if the Council feels strongly they wish to check into this further, he would tend to th�nk that one week wouldn't make that much difference, 6ut the contractor wouldn't be o6ligated to hold to the price given since this was only to the date of April 14. MOTION by Counc�lman Fitzpatrick to table this item to April 21, 198D Seconded hy Councilman Schneider. Upon a voice vote, all voting aye, Maycr Nee declared the motion carried unanimously. Mr, Ehlers of Ehlers and Associates stated he has tabulated the b�ds and the best bid would be from Bancnorthwesi for a rate or 7.7538 He stated the range of interest rates is 7-1/4% for bonds maturing in 1982 and 8.4% for bonds maturing in 2001. Mr. Ehlers stated he would recommend the b�d from Bancnorthwest be accepted. Mr. Ehlers suggested that, in any case, the interest on the assessments be at least 1% over the interest rate on the bonds. He added the awarding of the b�d would be conditional on the Governor's approval of the tax b�ll ra�sing the interest rate. ; � � `s � ul) PUBLIC HEARING MEETING OF APRIL 14, 1980 Page 7 MOTION by Councilman Schneider to adopt Reso7uiion No. 31-]9$0. Secorrrded by Councilman �arnet'e. Upon a vaic� va�e, all voting aye, Mayor Nee declared the motion carried unanimously CONSI�ERATION OF REQUEST FOR ERECTION OF OFFICE SIGN AT 715D EAST RIVER ROAD av nninvn rniinrrv Tni n o DIIRI rr �nnirn norn. Mr Flora, Public Works Director, stated this is a request for a sign in a publ�c zoned area. He stated the County had put up this sign to identify the property, when an open house was held, and are requesting permission to leave it up on a permanent basis. Councilman Fitzpatrick felt it was more of a detailed directory sign, rather than an identifying sign and thought perhaps it could be left up, however, he would not want to give final approval, if they receive adverse comments from residents. He felt, if ob,7ections were received, it should be removed as �t seems to be unnecessarily large. Mayor Plee stated, when observing the sian, he also had a negative reaction and was surprised he hadn't received any calls. MOTION by Councilman Fitzpatrick to table action on this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P1ayor Nee decTared the motion carried unanimously. CLAIMS MOTION by Councilman Schneider to authorize payment of Claims No. 100A24 through 1OD755. Seconded by Councilman Fitzpatrick. Upon a voice vote, ali voiing aye, Mayor Nee declared the motion carried una m mousiy. RECEIVING PETITIOPd FROM RESIDEfdTS OP! EAST RIVER ROAD AND 615T AVENUE RE: P INTE� CR SSW LK: MOTION by Councilman Fitzpatrick to receive the above petition. 5econded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee de- clared the mot�on cari°ied unanimously. 31- f�layor Nee stated th�s resolution covers comments regarding FCC limits to collection of franchise fees. He stated, if adopted, it should be distributed to the FCC and congressiona7 de7egates. MOTION by Councilman Schneider to adopt Resolution No. 31-1980. Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee de- clared the mot�on carried unanimously. AD�OURNMENT: MOTION by Councilman Barnette to ad,7ourn the meeting. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Publ�c Hearing Meeting of the Fridley City Council of April 14, 1980 ad,7ourned at 9.37 p m. Respectfully submitted, --�Z��- ���� Carole Haddad Secy. to the City Counc�l Approved: May 5, 1980 ����� � � ��� William J�Nee Mayor " �_ J ' 1