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12/02/1974 - 00015598� � � i:��; THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 2, 1974 The Regular Meeting of the Fridley City Council of December 2, 1974 was called to order at 7:30 P.i�l. by Mayor pro tem Utter. PLEDGE OF ALLEGIANCE: Playor pro tem Utter led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The invocation was offered by Mayor pro tem Utter. ROLL CALL: MEMBERS PRESENT P'1EMBERS ABSENT APPROVAL OF MINUTES: Counc�lman Utter, Councilman Nee, Councilman 6reider, and Councilman Starwalt. Mayor Liebl REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974: MOTION by Councilman Breider to adopt the Minutes of the Regular Meeting of the Fridley City Council of November 18, 1974 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. ADOPTION OF AGENDA: Councilman Breider said he would like to add a resolution that had been submitted 6y the Administration to consider on the grade of the Mississippi Street Underpass. Councilman Breider said there had also been two liquor license applicat9ons submitted and he would like to add this to the item, number 18, in which the consideration of establishing policies for the issuance of such licenses would be considered. MOTTON by Councilman Breider to adopt the Agenda as amended with the addition of the previously mentioned items. Seconded by Councilman Nee. Upon a voice vote, all voting aye, r9ayor pro tem Utter declared the motion carried unanimously. vISITORS: MR. WYMAN SMITH, P�EPRESENTING BOB SCHROER IN APPLTCATION OF LIQUOR LICENSE: Plr. Smith addressed the Council and questioned how 7ong it would be before the consideration of the liquor licenses would be discussed at the current meeting. Mayor pro tem Utter advised Mr. Smith that this item would be taken care of in about an hour. OLD BUSINESS: The Public Works Director, �1r, Richard Sobiech, addressed the Council and gave a brief summary of the events leading �o this item. He explained that the decision had 6een tabled until the property owners adjacent to this parcel and the applicant had reached some agreement. Councilman Nee said the applicant had called him earlier that evening and asked that this item be tabled. f��OTIDN by Counc�lman Nee to table the request for a variance for 2D0 Ely Street until December 9, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. �g r� rtEGULAR COUNCIL MEETING OF DECEMBER 2, 1974 ORDINANCE N0. 575 - ABOLISHING THE OFFICE OF CHIEF OF POLICE: PAGE 2 MOTIDN by Councilman Breider to waive the second reading, adopt Ordinance No. 575 on second reading, and order publication. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Breider, Councilman Starwalt, Councilman Utter and Councilman Nee voting aye, llayor pro tem Utter declared the motion carried unanimously. ON OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #74-04 �911NTCH_ Tfl RF7f1NF I f1TS 11 _ 97 _ ANII I TC 7R _ 4F_ RI f1fK d_ SPRT15f, Councilman Breider asked if the lot owned by Mr. Benson had been removed from the proposed rezoning. The Public Works Director said this had been done. Mayor pro tem Utter questioned if one of the lots owned by Mr. Benson had already been zoned R-l. The Pwblic Works Director said he owns Lots 36, 37, and 38. He explained that Lot 38 is zoned R-1 Councilman Breider asked who owned the remarnder of the lots. He asked if the applicant owned them. The Public Works Director said the applicant d7d not own all of the lots, but the owners of these had submitted a petition saying they favored the rezoning. MOTION by Councilman Nee that since al7 of the land proposed for rezoning to R-1 is being used as R-1, he would waive the first reading of the Ordinance, adopt the Ordinance on first reading. Seconded by Councilman Breider. The City Manager, Mr. iVasim Qureshi, mentioned that there is a proposed roadway in the area that had been designated State Aid and the money had been des�gnated. He said he would like the Council to be aware of the overall proposal of the area before making a decision on the rezoning. He further explained this develop- ment would be done by the railroad if the C�ty wants it in the future. Mayor pro tem Utter questioned if it was true that 77th would be closed when 79th was opened. 7he City Manager said yes. He said he would like the Council to have all the facts. He said he thought this might have some effect on the area to be rezoned. UPON A ROLL CALL VOTE, Counc�lman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor pro tem Utter declared the motion carried. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION The Public Works Director advised the Council that there were no ob�ections to the vacation of the easement. Councilman Breider said he had no objections to the vacation of the easement. P1oTI0N by Councilman Breider to wa�ve the first read7ng of the Ordinance and adopt the Ordinance on f�rst reading. Seconded by Councilman Starwalt. Upon a rol7 call vote, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Starwa7t vot�ng aye, and Councilman Breider voting aye, ��1ayor pro tem declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR APPROVAL TO TELEVISE FRIDLEY CITY COUNCIL MEETINGS LIUE, REQUEST BY GENERAL TELEVISION, INC. OF FRIDLEY: Mayor pro tem Utter called on Mr. Terry Schuster of General Television to present the request. i�1r. Schuster addressed the Council and said he had sent a letter of request to the Council. He said they were requesting approval of the request and would like to use the facilities to do some tests on lighting, etc. He said they did not intend to cause any inconvenience to the members of the Council or audience. He added, he felt this was one of the functions of General Television and he again requested approval. � � � 14� � REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 3 Councilman Nee directed a question from the content of a letter submitted by the Council from the Administrative Assistant, Mr. Peter �. Herlofsky, the statement concerning commercta7 advertisements. The representat�ve of General Television said the advertisements would not be during the meeting and there would be no interruption of the meeting for the messages. He said there may be some messages preceeding and after the close of the meeting. He said the meetings would not be cut to insert the � corr�nercials. Councilman Nee questioned if the City would have to pay for this type of production. The representative said there would 6e no charge to the City. Louncilman Starwalt asked what is 6eing experienced across the Gountry with this type of telecasting of local Council meetings. A representative of General Television, the Program �irector, Mr. Krebs, said this is being done in the City of Dubuque, Iowa, and this is done ltve. He continued saying this had been done for a period of three years and is quite successful. He said they are broadcast live every Monday evening and the Cable System signs off after the meeting. He pointed out that the Du6uque City Council had two meetir�gs a mpnth previous7y, and now they are meeting every week in a hope to solve some prob7em matters. He continued stattng that the meetings are drawing steady watchers in Dubuque. He ment�oned this is also being done in Brainard. Councilman Starwalt asked if �his success was for the Company, the City or the citizens. The Representative said this is successful for the Company, but the ratings received by the meetings are in excess of some of the network shows, lie said he also felt this was successful to the advertisers. He stressed it is successful for the community because the Council is reaching more peop7e in the community. He said all seem happy with the te1evising of the Counci� meetings. He offered to furnish names of references for the Council if they wished him to do this. � Councilman Nee said he thought this to be a constructive request. � _J f�lOTION by Councilman Breider to approve the request and ask General Television to get the tests going for the televising of the Council meetings. Councilman Breider said he thought this was a grand idea. He thought this to be one of the things they had discussed in the franchise and further stated he thought it possible for the community to see what the Council is doing SECON�ED BY Councilman Nee. Upon a voice vote, all vot�ng aye, il1ayor pro tem Utter declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING CQMMISSION MEETING OF N�VEMBER 6, 1974: The Public Works Director advised the Gouncil that the items w�thin the minutes did not need any action at the present ttme. MOTION by Councilman Nee to receive the minutes of the Planning Commission Meeting of fVovember 6, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 20, 1974: The Public Works Director explained that the Planning Commission had recommended approval of the request. He continued to summarize the problems with the surveys presented. He said there is a need for the clarifica�ion of a uttlity easement and the latest survey did not reflect the Highway �epartment taking public easement for T. H. #47. He recommended the item be tabled until this is taken care of. f10TI0N by Councilman Nee to table the consideration for the Lot Sp7it, L. S. #74-16. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. '�� REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 CONSIDERATION OF A PROP PAGE 4 The Pub19c Works Director explained that this item had been tabled 6y the Planning Commission and considered again on the November 20, 1974 meeting. He said the , Planning Commission had recommended approval with four stipulations and he read them to the Council. Mr. Sobiech said it would be in order for the Council to set a Public Hear�ng on the plat. P9r. Korin addressed the Council and said he was at the last Planning Commission meeting and he is com�ng to agreement with the applicant. He said this agreement included the drainage of the area. He explained the plan wou7d take the drainage away from his property to McKinley Street. He also mentioned that the City should take care of the problems with the catch basin freezing. If this would freeze in the winter, the City should thaw it out. MOTION by Councilman Starwalt to set the Public Hearing on the Preliminary Plat for January 13, 1975. Seconded by Counci7man Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. MOTION 6y Counci]man 5tarwalt to rece�ve the minutes of the Planning Commiss�on Meeting of November 20, 1974. Seconded by Councilman Breider. MOTION TO AMEND THE MOTION made by Councilman Breider to add to the motion that the Chairman of the Environmental Quality Commission be installed as exofficio member of the Planning Commission until the ordinance 7s changed. Seconded by Councilman Nee. Upon a voice vote on the amendment, all voting aye, 1�layor pro tem Utter declared ihe motion carried, UPON A VOICE VOTE, on the original motion, all voting aye, Mayor pro tem Utter , dec7ared the motion carried as amended. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SU6COMMITTEE MEETING OF NOVEMBER 21, 1974: CONSIDERATION OF A REOUEST TO CONSTRUCT A NEW BUIL�ING TO BE USED The Public Works Director said this was a proposa7 for a new building to be used as a warehouse on Lots 16 and 17, Block 8, Onaway Addition or 7791 Elm Street. I-le pointed out that the Counci7 should also approve the variances from the minutes of the Board of Appeals Meeting of November 12, 1974. The Public Works Director called the Council's attention to Page 8 of the agenda and the stipulations as recommended 6y the Subcommittee. He read the stipulations to the Council and audience. The Pu61ic Works �irector passed out copies of the Minutes of the Board of Appeals MeetingoF Novem6er 12, 1974 to the Council and read the stipulations within their consideration to the Counci7. Mr. Sobiech pointed out on the plan on the easel the variances requested to be as follows: a variance in the side yard setback from a side street from 35 feet to 33 feet and also, a variance in the side yard setback from 20 feet to zero feet. He advised the Council , that the Board of Appeals had recommended approval of the variances with some stipulations. He read the stipulations suggested. Councilman Breider mentioned he thought this Onaway area with the frontage availab7e has come along way with development. He suggested that it be noted by the devel- opers that they wou7d have to meet the Codes when bui]ding in other areas. The Public Works Director agreed and said as a good example of this was the new building completed at 79th and Ranchers Road. MOTION by Councilman Breider to approve the variances reques�ed for construction of the Warehouse by Paco Masonry for 7791 Elm 5treet with the stipulations of the Subcommittee. Seconded by Counci7man 5tarwalt. Upon a voice vote, all vating REGULAR COUNCIL MEETING OF DECEM6ER 2, 1974 aye, Mayor pro tem Utter declared the motion carried. PAGE 5 ; {,� MOTION by Councilman Breider to approve the plans for construction of the warehouse by Paco Masonry for 7791 Elm Street with the stipulations of the Subcomm�ttee. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, rlayor pro tem Utter declared the motion carried. �MOTION by Councilman 5tarwalt to receive the minutes of the Building Standards-Design Control Subcommittee Meeting of November 21, 1974. Seconded by Councilman Breider. lJpon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. RECEIIlING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF NOVEMBER 13, 1974• MOTION by Councilman Nee to receive the minutes of the Citizen Bikeway Commiitee meeting of November 12, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING Of NOVEMBER 19, 1974• Councilman Nee said he would like to discuss the minutes with respect to the Commission receiving the petition. He asked the City Attorney if he had read these minutes. The City Attorney said he had glanced at the minutes. Councilman Nee asked the City Attorney if he had given the Charter Commiss�on a formal opinion to ignore the petttion. The City Attorney said he had some discussion with Mr. Sheridan, Chairman of the Charter Commission, and he had suggested to Mr. Sheridan that the members of the Charter Commission and the people who had submitted the petititon should get together and come up with a recommendation to the Council. Ile said in this manner, the quest�on cou1d be settled with an amendment and would not need a special election. �Councilman Nee said he would like the City Attorney to prepare a formal opinion on the question at hand. He added, if the City Attorney's opinion is the same as ind�cated in the minutes of the Charter Commission meeting, �tie would like the question submitted to the Attorney General. MOTION by Councilman Nee to direct the City Attorney to perpare a formal written opinion on the question raised and if the opinion is the same as that in the minutes of the Charter Commission, the Gity would submit the question to the Attorney General. Seconded by Councilman Starwalt. Councilman Star�alt asked if the City Attorney could submit the formal opinion to the City Counci1 so they would know if this was to be submitted to the Attorney General or not. Councilman Breider said he did not think the basic question of whether or not an official should be elected or appointed would be too difficult to resolve. He stated a petition had 6een submitted, now it must go through the legal channels. He said if it is not a valid petition, the Charter Commission should discuss the issue with the petitioners. Councilman Breider satd there were many s�gners on the petition and they are concerned about something and the Charter Commission should take a look at this. /-lfter this, he continued, it would have to go to the Council for a vote, and the Council could get an tndzcation from the vote of the people in the fall election. Councilman Breider said he agreed with the first part of the motion, but not the �second. The City Attorney said he had no quarrel with sending the matter to the Attorney General, this would not hurt him professionally. He reiterated that the language of . the Charter is not clear, there is no specific time lim�t for submitting the petition to the Council. f�10TI0N by Counci7man Breider to amend the motion dropping the portion where the opinion would be sought from the Attorney General, and only include that a formal optnion would be sought from the Ctty Attorney. 5econded by Councilman Starwalt. Upon a voice vote, Councilman Bretder voting aye, Councilman 5tarwalt voting aye, Councilman Utter vot�ng aye, and Councilman Nee abstaining. Mayor pro tem Utter declared tne motion carried, three in favor and one abstention. UPON A VOICE llOTE on the original motion as amended, all voting aye, Mayor pro tem Utter declared the motion carried. � �'r i� REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 6 P40TION by Councilman Breider to receive the minutes of the Charter Commission Meeting of November 79, 1974. Seconded by Counc�7man 5tarwalt. Upon a voice vote, al7 vot�ng aye, i��1ayor pro tem Utter declared the motion carried unanimously. CONSIDERATION OF REAPPROIIAL OF HEATHER HILLS 2ND ADDITION PLAT: AND �CONSIDERATION OF APPROVAL OF AGREEMENT BETWEEN M& M PROPERTIES AND CITY OF FRIDLEY The Public Works Director pointed out the proposed agreement on Page 71 - 11 C of the Council agenda. Ile said initially according to resolution, there was to be $800 per lot escrowed for storm sewer in this area. He said a plan had been arrived at at th�s time to solve the drainage problems �f the area and this had been included in the proposed agreement. He said he felt this vaas a workable solution engineeringwise however, he did not have the overall cost figures available at the present time. iie thought the new plan would be more economical than going down Arthur 5treet with the storm sewer. The new plan would bring the drainage into Moore Lake and then Rice Creek. He said according to action of the Rice Creek Watershed �istrict, it would not be possible to allow a rate of flow into Rice Creek in the Arthur area at an increase to what it is at the present time. He pointed out that there would be a ponding area in the Heather Hills area and this wou7d take the drainage. The Public Works Director said he recommended that the agreement be approved and also that the Council reapprove the plat. Mayor pro tem Utter questioned if there were a park, how could anyone ever make it into the park area. The Public Works Director said it would be possible to leave the entire area as pnnding area and have it remain as it is now. He commented that this �sa natural type of area. He also said they would have to have the appropriate easements for ma�ntenance, this wou7d have to be approved when the p7at �s approved � for Heather Hills 3rd Addition. He said the proposed dedication is in excess of the area requ�red by the City Code for the 2nd Addition and proposed 3rd Addition. Councilman Breider asked how much this was costing? The Public Works Director said as a result of the escrow a9reement, this was not costing the City any money. He explained that the escrow amount according to the requirements of the Resolutton of 1973 should be $800 per lot. He said considering the land dedication which is in excess of the requirement and the lateral storm sewer development by the developer, and the escrow money (now $400 per lot), this would not cost the City anything. L'ouncilman Breider questioned if there would be additional storm sewer development in the area, He said he thought this is one area where the Environmental Quality Commiss�on should review the development of the storm sewer. CounciTman StarwaTt said he agreed with this statement. He said the parcei of land is about 200 by 360 feet or 1 2/3 acres. He asked how much more than the requirement the dedication would be? The Public Works Director figured out that the amount shauld 6e 10% of the total land or 45,185 square feet, The amount to be ded9cated is 72,000 square feet or 26,185 in excess of the requirement. The City Manager said the applicant would like the plat signed before the end of the year. He called on Mr. Mike 0'Bannon for his comments concerning the p7at. Mr. 0'Bannon said the plat had been brought to the City before the requirements for the parks and the escrow had been acted upon. iie said he had opposed the requirements in ' the past because he did not feel it was legal to requ�re the $800 per lot for storm sewer escrow. He further explained the Public Works �irector and the Commun7ty Oevelopment Administrator had worked out an agreement which wou7d reduce the amount of escrow per lot to $400. He further mentioned if there is any need for additional storm sewer facilities in the area, he would pay the City $400 per lot for this development. The City Manager referred to page 11-I of the agenda and said the City Administration had been instructed by the Counc�] in February, 1973 to w�rk out an agreement. He said the Administration had esentially done that and in the agreement the drainage plan is taken care of. He said there would be the alternative of putting the storm sewer in the area in the future if the Council desires. Councilman Breider said the f�nal storm sewer plan for this area should go to the REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 Environmental Quality Commission prior to coming to the Council preliminary plan should go to the Commission. PAGE 7 He said the i��s.) ilOTION 6y Councilman Breider to approve the agreement between M& M Properties and the City of Fridley for Heather Hills 2nd Addition and proposed Heather Hills 3rd Addition �and instruct the Administration to take the final storm sewer preliminary plan to the Environmental Quality Commission before coming to the Council and to authorize the City Manager to sign the plat. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. � � CONSIDERATION OF � BY HARLAND BERRY The Public Works Director said this had been brought back for reapproval because the original approval had been over a period of 90 days and accord�ng to the City Code, if this is not regtstered in 90 days, it would require reapproval by Council action The Public Works Director said the City had obtained five out of the six necessary easements, and he felt there would be no problem in obtaining the sixth. He said these easements would make it possib7e to maintain the lake bottom. He pointed out that the original action on the land survey had 6een November 12, 1973. Councilman Nee questioned why this survey had not been registered. The Publ�c Works �irector said there had been some question with the survey and getting it drawn up. f�9r. Berry addressed the Council and said this was just being done within the last three weeks. P10TION by Couniclman Nee to reapprove Resolution No. 149-1973 which is reapproval of Registered Land Survey P. S. ,',`73-08, by Harland Berry. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. CONSIDERATION OF CLASS ACTION AND SETTLEMENT NOTICE ON LIQUOR ANTI-IRUST SUIT: The City Manager said the action of the Council shou7d be authorizing the Administration to write a letter tn agreement to the proposed settlement. The City Attorney said the settlement had been negotiated by the Attorneys and it would still need court approval. He questioned if this would have some effect on the store pricing. He continued to comment, that within the settlement there is a cash settlement offered for the purposes of providing a watch dog for this period of time. MOTION by Councilman Starwalt to concur with the recommendation of the Administration and take Administrative cognizance and authorize action to pursue the settlement to enable the City to get its portion. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. CONSI�ERATION OF APPOINTMENT TO BUILDING STANDARDS-DESIGN CONTROL COMMITTEE: MOTION by Councilman Nee to table the consideration of the appointment to tr�e Building Standards-Design Control Committee until the next meeting of the Council. Seconded by Councilman Breider. Upon a voice vote, all vot�ng aye, Mayor pro tem Utter declared the motion carried. CLAIMS: GENERAL 37969 - 38104 LIQUOR 9375 - 9407 MOTION by Councilman Breider to approve the claims. Seconded by Councilman Starwalt. lJpon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. LIGENSES. GENERAL CONTRACTORS P1cCa11 & Company 5435 Lyndale Avenue South Minneapolis, Minn. 55419 � David McCall APPROVED BY C. Belisle �,�;1i REGIJLAR COUNCIL MEETING OF DECEMBER 2, 1974 RoMar Builders, Inc. Roger Rodofs Route #6 Anoka, Minnesota 55303 PAGE 8 C. aelisle MOTION by CounciTman Breider to approve the licenses. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. ESTIMATES: li & S Asphalt Company 5400 Industry Avenue N. W. Anoka, Minnesota 55303 FINAL Estimate #5 for Street Improvement Project ST. 1974-1 and Street Improvement Project ST. 1974-2 FINAL ST, i974-1 FINAL ST. 1974-2 $ 38,587.09 $ 4,�23.98 , MOTION by Councilman Nee to approve and pay the estimates. Seconded by Cauncilman Breider. Upon a voice vote; all voting aye, f�layor pro tem Utter declared the motion carried. CONSIDERATION OF ESTABLISHING SOME GUIDELINES FOR ISSUTNG LIQUOR LICENSES: AND SETTING PUBLIC HEARING ON LIQUOR LICENSE APPLICATIONS FROM FRONTIER CLUB AND BOB SCHROER: Councilman Breider said the City had received an application for a liquor license in the First Ward. I-le said Mr. Wyman Smith, Attorney, was present to represent the appl�cant, Mr. Bob Schroer. ' Mr. Smith advised the Council that Mr. Schroer is 7n the process of obtaining an architect's plan and design for the construction of a new building which would be located rorth of his present business (Bob's Produce Ranch), He said this appl�cation is different from the others being processed in that he would have to start from scratch in financing and construction of the facility. f�lr. Smith said some preliminary work had been done and Mr. Schroer and his wife were intending to set up a corporation with the two of them being the sole stock ho7ders in the corporation. He referred to the requirements of the issuance of such a liquor license stating there would have to 6e a public hearing. He said along with this r�quirement, the people who dispense would also have to obtain a license and would need approval, but this would not require a pu6lic hearing. Mr. Smith suggesied the Council take action�on preliminary approval of the license contingent on the appltcant meeting all of �he necessary requirements. He said this would allow Mr. Schroer to continue to make the necessary arrangements for design finances, etc. Mr. Sm�th said Mr Schroer did have some preliminary drawings, but they were very perliminary. He hoped to have everything in order by the time the Public Hearing was held and have such information in hand. He thought this could be accomplished within a week. Counci]man Breider said when the people voted for the addit�onal licenses, they wanted to have fine places in the City of Fridley. He said the Council would have to consider each request ind�vidually. He thought the discussions and decisions to issue licenses in the past had turned out well, the people who have licenses are very involved in the community. He sa�d they a7so run good operations which are not a problem to the City. 1 Councilman Breider commented that personally, he was very p7eased to be notified that there was an application fram Mr. Schroer, he is very active �n the commun�ty, Councilman Breider believed Mr. Schroer is very cooperative in working with the City and the Community. He mentioned the decisions to be made in the future and the polic�es to be followed and felt this would be difficult. He questioned the possibil�ty of increasing the physical aspects and requirements. �:��� `r,vp� REGULAR COUNCIL MEETING OF �ECEM6ER 2, 1974 PAGE 9 The City Manager said the City had 6een initially very limited in the number of licenses it had to offer and it was forced to be very selective. The City Manager said the City does have some good businesses at the present time. He pointed out that now, they had substantially increased the number of licenses that could be issued. He said if the Counci] so desires, they could issue all of the available licenses, but they would have to have some criteria to judge in this process. �The Public Works Director said there would not be any problems with the new construction, but there would have to be some policies set for the existing structures. He said the butldings under the existing Code would not be adequate. He pointed out as an example that the Code calls for one parking stall for each four seat�ng places in the buildtng. He said maybe this should 6e one out of twoil or broken down in a different way. � � The Public Works Director said there would also be problems with the sprinkling systems, ihe exis�ing Codes do not require the tnstallation of a sprinkling systems. He thought this should be stipulated and made a part of the requ7rements for the liquor licenses. He said f�res do occur in this type of facility and they are also sub�ect to arson. The City A�torney said he would check with the League and see if they have any infor- mation on this type of criteria. He thought rather than use the criterta of a dollar value, the City should investigate the possibility of using a po7icy based on seating capacity. Councilman Nee satd he shared the pleasure mentioned by Councilman Breider over the decision of Mr. Schroer to construct such a facility. He thought the discussion on �he criteria should 6e spread out and considered by more than the five members of the Council. He su9gested having the Planning Commission review the possibilities in the creation of the criteria. He said}�is may take from one to two months. He asked if this would cause any b�g problems with anybody. He said he thought the plans that Mr. Schroer had would 6e a credit, but there would be others applying and he would like some gu�delines and the tnput of other people. MOTION by Councilman Breider to set a Publ�c Hearing for the application for liquor licenses by both the Frontier Club and Mr. Bob Schroer for �anuary 13, 1975. Seconded by Councilman Nee. Councilman Breider said he thought the remarks made by the Public Works �irector were very well taken. He thought this is the type of thing the Council should look at when establishing the policy. The City Manager sa�d the legal requirements for the issuance of such a license are lengthyand laborious. He said the full information should be available for the hearm g. He said the Amintstration would cooperate with the applications in getting the necessary data to conform to ihe City and State requirements. UPON A VOICE VOTE, all voting aye, Mayor pro tem Utter declared the mot�on carried unanimously. Councilman Nee asked if the Council could start the process of amending the ordinance. He questioned if the existing ordinance stated �he amount of licenses that could be granted. He asked if this would have to be amended to state the new number allowable. The Finance Director said thts had been done by resolution. Councilman Nee said he thought the Council should adoj,t the criteria of the seating capacity. He indicated he would like to have an ordinance that is defendable. The City Manager said the Administration would bring a proposal before the Council He said they would come up wiih some format for the Council to discuss. He mentioned that the Council could always change the figures. 2ESOLUTIQN NQ. 129-1974 - APPRO1fING GRADE FOR MISSISSIPPI STREET UNDERPASS: The Public Works Director pointed out the elevations in the plans to the Counci] and proceeded to have a brief discussion on the various aspects of the p]an at the Council table. The City Manager informed the Council that this Resolution would be necessary to �btain Federal funding. "��G REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 10 MOTION by Councilman Nee to adopt Resolution No. 129-1974 approving the grade for the Mississippi Street Underpass. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pra tem Utter declared the motion carried unanimausly, AD�OUNMENT: MOTION 6y Councilman Bre�der to ad,7ourn the meettng. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor pro tem lJtter declared the Regular Meeting of the Fridley City Counci7 of Decemher 2, 1974 adjourned at 10;21 P.M. Respectfully submitted, �,z/�.,,...�.r.w, Pat Ranstrom Secretary to the City Council Date Approved �°Z���/?� � * }'C''c'�`� l,.r ' �,�,�, Frank G. Liebl Mayor 1 � r