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01/13/1975 - 00015548n�� THE MINUTES OF THE PU6LIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 13, 1975 The Public Hear�ng meeting of the Frid7ey City Council of January 13, 1975 was calied to order at 7:44 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee �nvited the Counci7 and audience to join him in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: ADOPTION OF AGENDA: Mayor Nee, Counwoman Kukowski, Caunc�7man Breider, and Councilman Starwalt. None. Mayor Nee said he wou7d like to offer several items for discussion at the end of the regular agenda items. He listed the items to be; one, discussion on the City's alley maintenance policy; two, discussion on the proposed ordinance requested by Helen Treuefe7s concerning the criteria for e7ection judges; and three, discussion on upgrading the liquor control ordinance. MOTION by Councilman 5tarwalt to adopt the agenda as amended with the items mentioned by Mayor Nee. Seconded by Counci7woman Kukwoski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. PUSLIC HEARINGS: PUBLIC HEARING ON IS Mayor Nee explained the topic of the hearing and called on Mr. William 6ottwaldt to present his views to the Council. fulr. Gottwaldt addressed the Council and explained that he is president of Maple Lanes and had been since 1955. Mr. Gottwaldt said he had been 6orn and raised in the community and had served on the Planning Commission and zoning commissinn and was one of the originators of the Fridley Volunteer Fire Department. Fle also pointed oui that he had served as building inspecior for three years for the City, Mr. Gottwaldt said he had reviewed the matter of the liquor license with his attorney, who was not present at the current meeting. He expressed the thought that both he and his attorney agreed that this consideration should be held over. He expressed the point that he did not know if the license would be needed at ihe present time, but would not want the door closed. P1r. Gottwaldt mentioned he would like this extra time to be able to figure out their plans. Mayor Nee asked if the applicants wanted to withdraw the request for a l�cense. Mr. Gottwaldt said no, he would like this delayed until some later time. He explained that this was their busy season and it would 6e improssible to do any remodeling. Ne said he would be able to provide more information at a later date. 1 � I��r. Gottwaldt said his attorney had talked to Mr. Herrick, the City Attorney, and said thls could be posponed unti7 a later date. The City Attorney said he had talked to Mr. Savelkoul and they had discussed the wording of the present ordinance. � Fle continued to explain that Mr. 5avelkoul had asked him if the requirements of the ordinance would be met by their operation and he sa�d he doubted if they would. The City Attorney said Mr. Savelkoul agreed with his opinion and questioned the possibility of a change in the ordinance. N1r. Herrick said this would be at the discretion of the Council. He further explained that if Maple Lanes attempted to meet the requirements of the ordinance, they would not do any construction work until next summer. f�r. Herrick pointed out that it would not bother them if the Council would take time to consider changing the ordinance and after this definition of earnings coming from the food bus7ness is changed or affirmed, they would know what to plan for. He ment7oned the change in the State Legislation of the last session to be that there is no longer a requirement that the percentage in food business be 51%. The City Attorney continued to explain that he advtsed that the Pu61ic Hearing remain on this session of the Council agenda to determine if there would 6e any objections to the issuance of the liquor license to Maple Lanes. The C�ty !4i PUBLIC HEARING MEETING OF JANUARY 13, 1975 PAGE 2 Attorney said they did not want to withdraw the request, they would like to continue the request. Mr. Wyman Smith, Attorney representtng Mr. Max Saliterman, addressed the Council and said Mr. Saliterman had applted for a 7iquor license for a facility in the shopping center across the street from Maple Lanes. Mr. Smith �ndicated that Mr. Saliterman is 100% in favor of the issuance of the license to Maple Lanes. Mr. Smith continued � to comment concerning the interest in community tnvolvement by both �ick and Bill Goipaaldt and said their investment in the Community had been responsible for the growth of the community. Mr. Smith said he personally felt that if Maple Lanes met the requirements, they were certainly entitled to a l�cense. MOTION by Councilwoman Kukowsk� to continue the Public Hearing at the discretion of the applicant. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager questioned the intent of the mot�on asking if a def�nite date was to be noted. i4ayor Nee said he thought this should be left up to the discretion of the applicant. P4r. Wyman Smith, Attorney for Mr. Robert Schroer, addressed the Council and said Mr. Schroer had applied for a liquor license for a proposed new construction. He indtcated plans for the buildtng had 6een prepared and he presented these plans to the Council. He explained these to be recently submitted, tentative plans. He pointed out the seating capacity for the facility to be planned at approximately 200 on the ground level and up to 300 on the lower level for banque�s. He explained that the lower level would accomodate from 200 or up to the mentioned 300. � Mr. Smith commented that the business would be set up by forming a corporation which would be named Western Ranch, Inc. He informed the Counci7 that at the present time, a manager had not been hired nor had any of the employees been hired. He said these people wou7d have to obtain licenses at the appropriate time. �r. Smith continued his presentation requesting favorable action on the application to enable Mr. Schroer to arrange financing and make arrangements for the specific plans. i�lr. Smith said in a case where a new construction ts being planned, the Council would have to prov�de approval before the financ7ng can be sought or the final plans could be drawn. He explained the preposed valuation of the construction to be in the area of one half a million dollars. Mr. Smith indicated he knew the Council was not able to take this action at the present meeting, but requested that this be considered at the earl�est possible date so these matters could be resolved. P�r. Smith said there would be no problem with any ordinance change if this 6e the case in the future, they would go along with any requirements. Mr. Smith informed the Council that Mr. Schroer was present and would answer any of the Council's questions. fNayor Nee asked that the plans 6e shown to the members of the audience. Mr. Robert Schroer addressed the Council and exp1ained the motif for the proposed building is planned to be Western as the Ranch is at the present time. � Mr. Schroer said the butlding placement is planned for 79th Avenue and University with exposure to University. Mr. Schroer further explained that the exit would be on 79th and the Service Drive. Mayor Nee asked the City Manager if he had reviewed the plans and the City Manager responded saying no, chis is the first he had seen them. They were to be submitted earlier, but �his is the first they had been seen. Mr. Schroer apologized to the Council for not having the plans to the City earlier, but added he thought the pu6lic hearing date was when the plans would he needed or perhaps at the next meeting when the license would be considered. Councilman Breider asked the proposed date of completion if the license would be issued at th�s time. P1r. Schroer sa�d early fall contingent on the financing. Councilman Starwalt asked Mr. Schroer if his intentions were to meet the conditions y�J PUBLTC HEARING MEETING OF JANUARY 73, 1975 PAGE 3 of the ordinance of the City as they are now. Mr. Schroer answered that he had been in business in the City of Fridley for fifteen years and he is very aware of the many stipulations and codes he may have to comply with. He stated, whatever the City stip- u7ates, he would agree with. Mr. Kenneth Sporre, 301 Ironton, addressed the Council and recalled at the last meeting of the Council a proposal was made for a large development in the same area as the proposed operations. He thought this may be at the same intersection and ' asked how this type of situation would be handled trafficwise. Mayor Nee commented the traffic situation would have to be considered. Mayor Nee asked if there was anyone else who wished to address the Council and there was no response. MOTION by Councilman Breider to close the Pu61ic Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publ�c hearing on the matter of an on-;ale liquor license application by Mr, Robert Schroer closed at 8:16 P.P1. ON ISSUING AN ON-SALE LIQUOR LICENSE TO RICHARD DUANE POVLITZKE i nvrnnir ni r rnrnl rv rnn��T�rn ri nn r��r . f�lr. Wyman Smith, Attorney for Mr. Richard Povlitzke, addressed the Council and said Mr. Povlitzke and his wife are the sole stock holders in the Fridley Frontier Club, Inc. i�1r. Smith explained this building was presently licensed for 3.2 6eer sales, tavern and set ups. The seating capacity of the factlity is 357. Pir. Smith said he had been told by Mr. Povlitzke that it is very important that he obtain a liquor license. lie explained that there had been some modifications made to the operation, and more would have to be made. There had been some kitchen facilities in the past and these could be replaced. Mr. Smith informed the Council that Mr. Povlitzke and his wife and family had been � in Fridley for 14 years and he felt he had done good job in remodeling the building. I-le further pointed out that the building occupied by the Frontier Club was the first liquor establishment in the City of Fridley. Built by the Gottwaldt Brothers, in 1950, the building was withtn the big shopping center in the City of Fridley at the time. i;e mentioned this was before the rerouting of T. H. #65. �ir. Smith said he had recently visited the business and pointed out that the inside and outstde of the building had been remodeled and is quite attractive. Mr. Smith said he did know with his association with the City that Mr. Povlitzke had had some pol�ce problems with runn�ng the tavern, but he did not feel that these problems were �n excess of any other operation of this type. He pointed out that he had maintained the license for 14 years. ��r. Smith said he believed the obtaining of a liquor license would upgrade the operation from a drinking place to something better and be an improvement to the community. f�lr. Smith pointed aut that Mr. Povlitzke was born in North Dakota. Mayor Nee questioned the proposed plans for the bui7ding. Mr. Povlitzke said plans had been drawn up and he had given them to the City. He said a kitchen area would be added on, and basically, everything else would remain the same. Councilwoman Kukowski asked if it would be possible to install adrlitional parking facilities. i°1r. Povlitzke said the City had quoted h�m an amount to meet the requirements to be 91 cars. Councilwoman Kukowski questioned if this would 6e the property require- � ment. The Public Works Director indicated that according to the present building code, the seating capacity of 333 would be divided by four which would be in the area of 90 cars, but with the existing restauran� facilities in the City where this criteria is being used, this �s not adequate parking. The City Manager said this parking question had been discussed in december of 1974 and it had been determ�ned in the case of a�restaurant, that the parking requirement may be more inline with one stall per every two places in the seating capacity. I�e sa�d they thought that the operation with liquor would need more parking than the normal commercial operation. Councilman &reider questioned the type of inenu that is currently proposed for the restaurant. Pir. Povlitzke said they are serving hamburgers, and cheesburgers, etc. at the present time, but would enlarge the menu. Councilman Breider asked if it Y tl l` L ``� c? PUBLIC HEARING MEETING OF JANUARY 73,1975 PAGE 4 would 6e a more sophisticated menu when the restaurant facilities are installed and Mr. Povlitzke said yes. �+layor Nee said he had been told the Frontier Club had not complied with many of the agreements that were made with the City, He quest�oned what some of the items of agreement were to have been. The City Manager called on the Public Works Director � for these specific items that had been agreed upon with the original remodeling of the facility. The Public Works Director mentioned the storage building was to be removed, and this had been done. He said the area was to have been paved with addiitonal parking added, He said the landscaping had not been done on Onondaga. Mr. Povlitzke said he had intended to complete the items in the agreement, but was not making enough money to complete the conditions. He said he was not aware of anyone else who was taking out their outside parking and putting in trees. P1r. Povlitzke informed the Council that it was not possible for him to move the storage but7dtng until the hardware store had moved. He sa�d when they moved, this was taken out. The City Manager asked if there was a completion date mentioned in the agreement. The Public Works Director said the agreement did not indicate this. )�tayor Nee �ked Mr. Povlitzke the amount of the investment. f9r. Povlitzke said $50,000. i�layor Nee asked if when the work is done, will this end up to be a night club. Mr. Povlitzke said yes, a night club with entertainment and a lounge. Mr. Po��rlitzke said it would be like the Shorewood. Gouncilman 5tarwalt questtoned the time table for the proposed additional facilities. He menttoned this would involve the incorporation of a full line of food according to the present ordinance. �3e again asked the time table for the construction. Mr. Povlitzke said it would be completed in three months. Councilman Breider asked if there would be any plans to remodel the facility or upgrade the furniture. P9r. Poulitzke said he may get new furm ture, but he believed ' the inside of the building is as nice as it could be. P�layor Nee asked if the hearing was to be continued, could Mr. Povlitzke furnish more plans? Mr. Smith answered, would it help if they provided photographs of the building. Counci7man Starwalt said he had seen the interior of the building, and it had been extensively redone. He said he was trying to compare the dining facility and the changes that would have to be incorporated. f1r. Dennis Schneider, 6190 Stinson Boulevard, addressed the Council and indicated that he had a question concerning the items that would appear on the menu. rie asked if the menu would be comparable to that of the Shorewood or would it compare more with the operations in Mounds Vtew like the Launching Pad or the Mermaid. �Nr. Povlitzke said it would compare with the Mermaid and the Shorewood in that food, liquor and enter- tainment would be provided. The City Attorney questioned if the dance floor would remain in sufficient area. Mr. 1'ovlitzke said yes, they could save the dance f7oor. -�he City Attorney asked if this would be as large as it is at the present time and Mr. Povlitzke said yes. He questioned if there would be enough square feet if it is left the same with the proposed seating capacity and Mr. Povlitzke said yes. f�layor Nee �ked if there were any other comments from the audience concerning the application. � Mr. Povlitzke invited the mem6ers of the Gouncil to visit his bustness. Fle satd he would like some explanation of what the members of the Council would like to have done in the line of the dining area. He said he was thinking of leaving the operation in one large room. Mayor Nee sai�i it would have to be demonstrated to the City where the parking would be. He said it would be possible to continue the pu6lic hearing. Mr. Smith said he saw no reason to continue the hearing. He said it could be closed and if the question of the parking or other facts could be met by the conditions of the license and the plans could be revised. He said th e construction plans would have to be rev�ewed by the Subcommittees and come back to the Council. Mayor Nee said �t would be in order to recetve the report from the Public Safety Director along wtth this hearing item. �y,�� PUBLIC HEARING MEETING OF JANUARY 13, 1975 PAGE 5 �40TION by Councilman Starwalt to receive the documents from the Public 5afety Director, Mr. James Hill, concerning the liquor license application of Mr. Itichard Povl�tzke and the Frontier Club, Inc. dated January 13, 1975. Seconded by Counci7- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to close the Pu61ic Hearing. Seconded by Councilwoman ' Kukowski. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:47 P.M. PUBLIC HEARING ON FINAL PLAT, P. S. #74-06. ZANDER'S FIRST ADDITION, BY DAILEY HOMES. The Public Safety Director pointed out a plan of the proposed plat on 4-A of the agenda book. Mr. Sobiech read the stipulations within the minutes of the Planning Commission from the agenda book and briefly explained the reasons behtnd the stip- ulations concerning the easements. Mayor Nee qeustioned if the City would be responsible for damage if the storm drainage plan does not work in this case. The City Attorney answered this would only be true in two cases, one, if the planning of the system was not adequate, or secondly, if there was negl�gence in laytng out the system, or the maintenance of it. Ne said in a natural situation where there would be a great deal of water and increased runoff, the City would not be held responsible. Mayor Nee asked if the drainage plan would be less than adequate? The City Manager said no, he felt the plan was fine and is comparable to what is required by other developers in other parts of the City. He felt this consideration was raised because of the concern of the man on the northwest side of the property. The Ctiy Manager said the plan for the area was suitable and had �ust as much potential as other properties in the area. i�1r. Dennis 5chneider asked if the drainage to the north would eventually end up in Harris Lake, i�layor Nee answered, he thought either way, it wou7d end up there. ' i1r. Schneider asked if the Harris Lake area was platted with the addition of this type of drainage into the area anticipated. The Public Works Director said the area was planned with this in mind. Councilman Breider questioned if the property to the east of this development had underground utilities. The City Manager said the area was platted before the City adopted the pol�cycf underground utiltties. Counci7man Breider questioned if this would be a hardship for these people when the adjacent properties were not required to do this. The City Manager said the people in Briardale have underground utilities. Ne said the applicant agreed with the sttpulations. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, f�1ayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:59 P.h1. HERWAL RICE CREEK TERRACE E: The Public Works Director pointed out the area to be west of Central and north of Rice Creek Road. He said the preliminary plat indicates five M-1 lots each with the minimum size of three-quarters of an acre, and with the minimum frontage of lOD feet. He said the preliminary plat as presented can meet the minimum size require- ment. He informed the Council that the minutes of the Planning Commisison meeting of September 4, 1974 indicated recommendation of the approval of the plat with ' several stipulations. Mr. Sobiech read the stipulations to the Counci7 and audience and explained the location, size and need for the easements. He explained the drainage of the area to be handled by open ditches and swales and explained the placement of ihose recommended. f��ayor IVee asked if the property in back of this is currently zoned R-2 and the Public Works Director said yes. The area is double bungalows. Councilman Starwalt said he had no questions concerning the proposed plat at the present time. He hoped the development has a firm understanding of the water levels in the area. �le mentioned the conditions of the area are less than desirable, but with the proper engineering and if the stipulations are followed, this could be an asset to the City of Fridley. ���t'r Y PUBLIC HEARING MEETING OF JANUARY 13, 1975 PAGE 6 Mayor Nee asked if anyone wished to comment concerning the proposed plat and there was no response. The Public Works Dtrector said the Engineering Department had called Mr. Walquist and let him know when the Public Hearing item appeared on the agenda. MOTION by Councilman Starwalt to continue the Public Hearing on the matter of the ' Final Plat P. S. #74-08, Herwal Rice Creek Terrace, by George L. Walquist. Seconded by Councilwoman Kukowskt. The City Manager questioned if this hearing was to be continued to a speciftc date. Councilman Starwalt suggested that this be continued until the next meeting of the Council and he asked Mr. Sobiech to notify the applicant that the Councii would l�ke to speak to him. UPON A VOICE UOTE, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing was conttnued at 9:13 P.{d. PUBLIC HEARING ON IMPROVEMENT: STREET IMPROVEMENT PROJECT ST. 1976-4: MOTION by Councilman Starwalt to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowsk�. Upon a Woice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 9:14 P.M. The Public Works Director explained that the pro,7ect was being done �ointly by funding from the Highway ➢epartment, County and Federal Government. lie said this would consist of a grade separation, and bridge on Mississippi Street between East River Road and 2nd Street. Fle explained this would be a 51 foot roadway with concrete curbtng. He said the road surface will be black top and there would be concrete sidewalks on both sides of the street. ile said this would be a permanent construction which would include improvement of the storm sewer. Mr. Sobiech explained that ' recently the City had been negotiating with the County for an increase in the County funding to cover the cost of the storm sewer. He said this had been accompltshed in an affirmative manner and the County will take care of the additional cost of the storm sewer. fle pointed out that the funding for the pro,7ect would be from the following sources: Federal Funds $1,116,836, Burlington Northern $118,572, County Funds $437,905, and Fridley's portion $34,086.30. �1r. Sobiech said with the addition of the City's engineering, legal and staff time for meetings, etc., this would bring the City's figure to $44,312. The Public Works Director continued to comnent that the majority of the cost would 6e picked up by the County with the amount being assessed to the property owners to be for all of the sidewalk and 50% of the curbing, and all of the other costs would be taken care of by other ,7urisdict�ons. He said the total cost of the pro,7ect to the City of Fridley will be 3%. He advised the Council that the est�mated amount for a front foo� would 6e $14.57. The Public Works Director explained that the City's cost before the County agreed to fund the storm sewer portion had been $130,000. Fle added after viyorous negotiations with the County, this figure was reduced to $44,000. He said the original proposal was that the County pick up one half of the storm sewer costs, but he was happy to report that the County would be p�cking up the drainage costs. Councilman Breider asked when the work would be started. f�1r. Sobiech said if all goes well, they hoped to award the contract by the 20th of January> and hegin construction inthe spring. � iNr. Dave Brink, Designware, addressed the Council and questioned the significance of the red and 61ue designations on the map of the area of the improvement. The Assessor, Nlr. Mervin Herrmann, explained that the blue marking would be those areas to 6e the side yard assessment or that which is one third of the front footage amount which is spread up the side street. �le mentioned one third of the front foot assessments are assessed to the abutting property owner and two-thirds of the cost are spread down the side street. iie mentioned one third of the front foot assess- ments are assessed to the abutting property owner and two-thirds of the cost are spread down the side street. P9r. Brink explained that when the project was started, ne was under the impression that this was a County pro�ect. He commented that when he had negotiated with the County for the condemnation of a portion of his property, he did not know that there would be an assessment on the improvement project from the City. `3�u PUBLIC HEARING MEETING OF JANUARY 13, 1975 PAGE 7 i9r. Brink further explatned that if he had had knowledge of this at the time of the condemnation, this would have made a difference. He pointed out that the assessments on his property seem to be estimated at ZO% of the price negotiated with the Couniy, Mr. Brink further questioned the need for the placement of sidewalks on both sides of the street. Fie did not believe there was a sufficient amount of pedestrian traffic �n this area to warrant this type of expenditure. htr. Brink again questioned the assessment policy on the side yard and front footage. ' The C�ty Manager expla�ned to Mr. Brink that at the present time, they were conducting the improvement hearing, and at this time the costs were only estimates. He said the purpose of the hear7ng would be to determine if anyone had any ob,7ections to the actual improvement. The City Manager further explained that there would be a future hear�ng on the assessments for the improvement. Mr. Brink asked why the plan contained double sidewalks. The Pu61ic Works Director said the previous policy with Anoka County included the installation of sidewalks with 100% of the sidewalks being assessed to the property owner and 50% of the cur6ing assessed. This being a major thoroughfare in the City of Fridley, which was studied by the Citizen Bikeway/Walkway Committee, it was determined that the sidewalks on both stdes of the street would be necessary. iiayor Nee said the hearing was be�ng held on the matter of whether or not the public approves of the pro,7ect. f�1r. Brink repeated he did not ob�ect to the project, but he did feel that he should have known this before his negotiations with the County. He said he was under the impression that he would not be assessed for the project. The City Attorney advised Mr. Br�nk he did not think he would be entitled to damages, but this knowledge may have caused him to negotiate harder. f,layor Nee said Mr. Brink would noi be assessed for the drainage system in the area. P9r. Brink said there is a drainage problem in the area, the water stands after a rain. f��1r. Brink said he felt the problem area is the railroad property. 1�1ayor Nee pointed out that Burlington ' Northern would 6e paying $i18,000. The City Manager said Burlington Northern is putt�ng money toward the bridge structure. Mrs. Mary Dittmer, 7595 Alden Way N. E., questioned when the improvement was constructed East of East River Road, this was constructed over the water shut off. The City Manager said the property owner would not be charged for this, the City would take care uf this. Mrs. Dittmer said she was told that this assessment was a pending assessment. The City Manager said there had not been any pending assessments on this particular pro,7ect. Mrs. D�ttmer said she was told if she was to sell her property, she would have to pay the pending assessments. The Public Works Director said he and the Assessor would check �nto this matter in the morning. Mayor Nee asked if anyone else had any comments on the pro�ect and there was no response, MOTION by Councilman Starwalt to close the Public Hearing on St. 1976-4. Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:44 P.P1. OLD BUSINESS. IN PARKS AND NEW LAWS R�LATING � TING OF JANUARY 6, 1975 : i�1ayor Nee pointed out that th�s question had heen raised at the previous Council Meeting and the report ind�cates that there is some damage to the park. He said in the report there is a list of three alternatives for action by the Council which could be done by administrative procedures. The first alternative was explained to 6e the continuation of the legal snowmobiling in the northerly section of the park and removing the signs prohibrting motor veh�cles on the north side of the park. Also, in the first alternative would be the replacement of signs prohibiting motor vehicles and indicate with signs designation of open areas north of Rice Creek. ,41so, the signs on the south side of the Creek would be replaced with signs prohib�ting snowmobiles on the south side of the Creek. 4 � PUBLIC HEARTNG MEETING OF JANUARY 13, 1975 PAGE $ Mayor Nee said the proposed alternative number two to be the establishment af designated i.rat7s in Locke Park and making other areas off limits. The third alternative would eliminate the use of snowmobiles in Locke Park. Mayor Nee said accordtng to the report comparing the usage of snowmobiles in other communities, Fridley is one of the few municipalities wiih any open snowmobile areas. � Nlayor Nee suggested receiving some kind of public input before making this type of determination on the use of snowmobiles in the City. Mayor Nee read the inspection report to the audience and also the list of alternative suggestions. The City Manager explained at the minimum, the City could provide the proper signing. He said this would have to be done to meet the requirements of the State Statutes. rie said they could also consider the estahlishment of the trail system. Councilman Breider said the people use the area on the south side of the creek from east to west. Fle indicated he would like to restrict the use of snowmobiles to the north side of the creek in Locke Park. He said he would like some indication of how this restriction works out for the people on the south side of the creek. Councilman Starwalt said this is a possible item for discussion for the fourth conference meeting. He said the discussion can be geared to What would be done next year. Councilman Breider suggested placement of specific signs that indicate snowmobiling is not allowed on the south side of the Creek. Counc�lman Starwalt questioned tf the snowmabiles should be ban at this time. Councilman Breider replied that he had been at the park and there are a number of people that use the area and he felt that those people would take the opposing view and would like the use of the snowmobi7es to continue. Councilman Breider said some kind of trail system should be established so the people know where they are allowed. ' The City Manager pointed out that the areas that are used by snowmobiles in the winter months are used by mini bikes in the warmer months. He said if the restrictions for snowmobi7es are 6eing considered, the Council should also look at the matter in light of the use of mini bikes. � The City Manager suggested that the Council start with the action listed as alternative number one of the report from Mr. Huff. Ne said th�s would be brought back for discussion at the conference meeting of the Council. At this time the Council could establish some guidelines to serve the community. Louncilman Breider said he would like to discuss the problem at the fourth roeeting to enable the Council to have some dialogue with the people of the area. He said at the present time, he thought the City should conform to the sign regulations within the 5tate Statutes. MOTION by Councilman Breider to tentatively adopt the first proposal as suggested by the Naturalist/Resource Coordinator in the memo dated �anuary 4, 1975, which would continue the use of snowmobiles in Locke Park, north of the Creek and replace the existing signs with signs that will conform to the State Statutes, and that this be reviewed with the people of the area on January 27, 1975, conference meeting of the Council. Seconded by Councilwoman KukoWski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. GRACE HIGH SCHOOL (FROM MEETING The City Manager addressed the Counci] and recalled that the City had been working with the representatives of Grace High School fior some time. The Public Works Director placed a plan of the proposed plat on the screen and explained that the agreement and information in the agreement is a little more formalized than it had been at the previous discussions on the plat in December. He further pointed out that the representatives had agreed to paying the park fee and following the normal procedure if ro agreement on the recreattonal facilities at Grace could be reached. Mr. Sobiech said the City had attempted to reach an agreement for the use of the facilities at Grace High School because there is a definite lack of recreational facilities in the immediate area. He pointed out that the agreement is on page 8-B and 8-C and said he felt this would be a viab1e agreement. G�� PUBLIC HEARING MEETING OF JANUARY 13, 1975 PAGE 9 Councilman Bre�der questioned the renewal clause in the agreement and asked if this would be appropriate. The Public Works Director read the statement in question and said the agreement would have to 6e resolved at the end of this term. The City Attorney said according to the terms of the agreement, both parties would have to be in agreement before the agreement would be renewed. Councilman Breider questioned if Grace did not want to agree, and did not want the agreement renewed after 1980, there would 6e no agreement. The City Attorney said this may be so, he suggested a statement of intent. � Mayor Nee expressed the feeling that Grace has shown the intent to cooperate and felt the approval of the agreement would make sense. Councilman Breider said they should consider the fact that people do change their minds, just as in political parties. Mayor Nee said he believed the agreement proposed a good proposition and w�th the amount of money that would replace the agreement, he questioned how much could be done to fac�litate the area with the amount in terms of a substitute. The Publ7c Works Director said he felt they would be within the final negotiations, he had been told by the representative of Grace that they would not be able to do much more than is 6eing proposed at the present time. The Public Works Director called on Mr. Tony Gnerre representative of Grace High School. Mr. Gnerre, 1202, Flaihaway Lane, addressed the Council and said he had been negotiating with the City as a representative of Grace High School. Ne repeated the terms of the agreement which had been previously discussed. He brought to the Counci7's attention that the original agreement on the property ran for a period of three years, and the City had preferred ihat a five year agreement be reached. Fie stated, they could live with the five year agreement which could be renewed after this time. Ile said he feli that there is a fairly good re7ationship between the City and Grace concerning the use of the facility. Councilman Starwalt said he had talked to Mr. Gnerre concerning the agreement and ' use of the facilities. Ffe indicaied that the hockey rink is not being used by the community, it is beittg used by the Nockey Association, day and night. He said he would hold to the idea that the p7atting of the 14 lots should be handled just as 7t had been for all of the other developers in the area and that Grace should pay the required park fee of $4,200. He said he would not want this to be confused with the present use of the facility. i-ie said presently the agreemeni has a 30 day cancellatton clause and if Grace wanted the City to vacate the property, the City would have to. He said with continued cooperation, he did not believe Grace would ask the City to vacate. He questioned the provision of the staffing for two warming houses in this area bringing to the Council's attention that Moore Lake is also being staffed. He said he felt the lake could handle both of these facilities. He continued stating he saw two questions, first he would not want to jeopardize the present agreement, and if the five year contract were entered into on other terms, this would be unfair to the City. Mayor Nee asked how much Grace High School would want to rent the land to the City. Mr. Gnerre addressed the Council and answered, he could not answer that question. Ne pointed out that he believed hockey is a very important sport and he would not want to see the fac7lity taken away for a price per month. He continued commenting that Grace is paying a light bi71 for the facility in the amount of $1,500 and also that they had an expenditure of $2,500 for the original facility. He said he felt the hockey rink is good for the City and also good for the High School. He said he also felt that the park fee in the amount of $4,200 would be acceptable and fa�r if this is the route thai would be taken at the present time. ?1ayor Nee said he believed in this case, the land was being platted because it came � �nto a situation where the City insisted on putting a road through the property. Grace had not thouqht of dividing the land. He said when the road was put in it was not the decision of Grace, it was the decision of the City. Counci7man Starwalt said the City had made this judgement 6ecause of geography. He recalled that the roadway was a trail when he moved to the City. He said he felt the road was not deirimental to the property. Mayor Nee said the road did not benefit the property owner. He felt they had been forced into the platting because of the construction of the road and the improvements. MOTION by Councilwoman Kukowski to approve the execution of the agreement as presented in the Council agenda and note that the park fees will be waived. Seconded by Councilman Breider. Upon a roll call vote, Counc�lman Starwalt voting nay, ��9ayor ii��� PUBLIC HEARTNG MEETING OF JANUARY 13, 1975 PAGE 10 iVee voting aye, Counciiwoman Kukowski voting aye, and Counci1man Breider voting aye, Mayor Nee declared the motion carried three to one. RECEIVING REPORT FROM THE CITY ATTORNEY AND CI7Y CLERK REGARDING CHARTER AMENDMEN7 � i�layor Nee said the Council had received a memo from the C�ty Attorney concerning the legal requirements of setting a special election and the publications necessary. The City Attorney addressed the Council and said he hoped his memo was self explanatory. The City Attorney expounded on the memo saytng, that he and the Finance �irector had met and reviewed the necessary legal requirements and the time periods within the law. He pointed out ihat it would be possible and necessary that this special election be held between February 24 and April 4. He further explained that if the election were to be held earlier than this time, a date would have to be set during the current meeting. He said the Administration would need s�x weeks ]ead time between the time the decision is made and the election is held. Mayor Nee informed the audience that the petitioners requested that a special election be held when there is a vacancy on the Council rather than an appoin�,ment by the Counci7 as is noted in the present City Charter. Councilman Breider said he 6elieved the Charter Commiss�on was planning a meeting for January 14, 1975. He asked Mr. Kenneth 5porre, 301 Ironton, member of the petitioning committee, �f there had been some discussion on the amending of the Charter with the members of the Charter Commission. INr. Sporre said there had been a meeting with the officers of the Charter Commission and a meeting of the entire Commission and the petitioning committee would be meeting on January 14, 1975. Councilman Breider said he thought it would be in order to table the consideration of setting the election � until after the upcoming meeting of the Charter Commission. He said it appeared that the two groups may be close in reaching agreement. i�1ayor Nee said the item could be put on the next Council agenda. MOTION by Councilman Breider to table the consideration of setting the special election for the vacancy in Counci] positions until the meeting of January 20, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE50LUTIDN N0. 6-1975 - DECLARING A VACANCY IN THE OFFICE OF COUNCILMAN WARD THREE: MOTION by Councilman Starwalt to adopt Resolution No. 6-1975, declaring a vacancy in the office of Councilman Ward Three. 5econded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -1975 - �RDERING IMPR�VEMENT. AND FINAL PLANS AN� SPECIFICATIONS f�10TI0N by Councilman Starwalt to adopt Resolution No. 7-1975, ordering improvement and final plans and specifications and the estimates of the costs thereof Street Improvement Pro�ect ST. 1976-4. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, �•layor Nee declared the motion carried unanimously. RESOLUTION N0. 8-1975 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADUERTISEMENT � FOR BIDS: STREET IMPROVEMENT PROJECT ST. 1976-4: MOTION by Councilman Starwalt to adopt Resolut�on No. 5-1975, ordering improvement, approval of plans and advertisement for b�ds: Street Improvement Pro�ect No. 1976-4 Seconded by Councilwoman Kukowski, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF CONCURRENCE WITH BIDS FOR ST. 1976-4 (MISSISSIPPI S7REET UNDERPASS)• f�lOTION by Councilman Breider to concur with the bids for Street Improvement Pro,7ect 5T. 1976-4 with the low bid being submitted by Lunda Construction Company in the amount of $1,457,626. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ���a PUBLIC HEARING MEETING OF JANUARY 13, 1975 PAGE 11 MOTION by Councilman Starwalt to adopt Resolution No. 9-1975 approving the agreement between the City of Fridley and the Anoka County Highway �epartment for construction of the Mississippi Street Underpass and authorize the Mayor and City Manager to sign the agreement. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT - kLL PURPaSE TRACTOR P I:ri�:i�l:lul�is[�l]�if�i. The C�ty Manager explained that there had 6een two bids submitted and that the tractor had been budgeted for the year 7975. Mayor Nee asked why there had only been two bids submitted. The City Manager said this bid concerned a specialized type of equipment and the bids were received by firms that had the tractor in stock. Mr. �ennis Schneider asked what the tractor wou7d be used for. The City Manager said for ice maintanance and summer park maintenance. Counci7man Starwalt asked if the tractor could be used for the composting if the City got into this. The City Manager said this could be done on a smaller scale, it was a small machine. Long Lake Ford Tractor Inc. Ford Long Lake, f�iinnesota 51024C $10,020 Delivery 5/5/75 Midway Tractor & Equipment, Ford $ 9,985 Delivery 2/15/75 Incorporated 51024C 3326 University Ave. S. E. i4inneapolis, D1inn. MOTION by Councilman Starwalt to receive the bids and award the contract to the low bidder, Phdway Tractor and Equipment, Inc., in the amount of $9,985. Seconded by Councilman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SETTING A MEETING TO DISCUSS IN�USTRIAL DEVELOPMENT REVENUE BONDS: INayor Nee asked if Mr. Edward Dunn, Fridley Chamber of Commerce, was present and Mr. Dunn responded. h1r. Dunn addressed the Council and stated his addressed to be 7585 Lyric Lane. He pointed out that some time ago there had been some discussion concerning the use of the industrial revenue bonds within the development of the City. Ne expressed the view that the Chamber would favor the use of this type of bonds in the City, but he felt the need for the establishment of some guildelines. He said he had requested this matter be presented to the Council for consideration of a study meeting on the matter. ' � I �_ Mayor Nee asked if Mr. Ounn would favor a specific Council sess�on on this consideration. Mr. Dunn pointed out that a representative of the Industrial Development Department , wouid be available to discuss this with the Council. Mayor Nee asked what dates would be available for a study session on this matter. Some discussion on poss�ble dated followed with consensus being that the meeting would be held on Saturday, January 18, 1975 at 9:'JO A.M. MOTION by Councilman Breider to set a study session of the Council for the purpose of discussion of guidelines of the City on issuance of Industrial Revenue Bonds at 9 A.M., Saturday, January 18, ]975, and that the liquor ordinance amendments also be discussed at this meeting. Saconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimous7y. DISCUSSION CONCERNING PROPOSED ORDINANCE STA7ING CRITERIA AND DUTIES OF ELECTION JUDGES: Mayor Nee introduced the topic for discussion stating he did not know if the proposal wou7d be feasible. He said he did not know if this could be done by ordinance, 1 1 � 1 �ry "r ,� PUBLIC HEARING MEETING OF JANUARY 13, 1975 PAGE 12 but would ltke the Counci7's feeling on the proposal made by Mrs. Helen Treuenfels. The City Attorney said it would 6e possible for him to research the question and provide the Council with a memo on it. He said he would have to determine whether it would be feasible to incorporate such guidelines into an ordinance. DISCUSSION ON ALLEY MAINTENANCE POLICY IN_REGARD TO SNOW REMOVAL: Mayor Nee said he had brought this item to the Council for discussion because some people in the City had requested that the unimproved a1leys be plowed. The Gity Manager referred to the City's policy and said the City would have to be consistent. He said the City had not been platting alleys for a number of years, and the City would take care of the streets first, then the alleys He said those alleys that had been platted and opened had been opened before 1960 He said if there is a need for the establishment of an alley for access, this would be pet�tioned by the property owners and brought to the standard of being blacktopped. Fle pointed out at the present t�me that there are about five alleys platted and maintained by the City. He said the City has not been maintain�ng unimproved alleys because generally, they do not follow the platted riyht of way. He further explained thai many people have fencing in this area, garages, util�ty poles, garbage cans, eic. He said he felt that the plow�ng of unimproved alleys is hazardous with the existance of obstructions. He said for the previous reasons, the City has not been maintaining any unimproved alleys. He brought up the fact that some of the unimproved alleys are not being used completely and are not open at both ends. He said the plows would have no way of turning around once they are into the alley. He said it would require the plow to trespass to enter and exit. He referred to the alleys in the City that had been improved and said in some other areas, the City had held public hearings on the possibility of opening the alley and the people did not want this so they had not been tmproved. He stressed, it would be necessary to continue to follow the policy. The City Manager said under specific conditions where there is a health emergency or in severe conditions such as the recent blizzard, the City had plowed more than they usually do. Councilman Breider said he had received a call from someone w�th a request that their alleyhe plowed. He said the caller did not want the alley plowed all of the time, only after the severe recent storm. He satd the people had not asked for every time, ,7ust one time. He felt in this instance, the policy could be changed. Councilman Breider pointed out an instance where the elderly citizens have lived on the alley for many years and now are over 65 and would have to pay $1,000 to get the alley improved. He questtoned if this would be feasible. Ne added, ne had received a call from a person who said her husband had a medical problem and she was not able to do the work. He pointed out according to the policy, the answer would have been no because the City has a policy. Councilman Breider said if this was him, 'rie would be disturbed. The City Manager said in an emergency, the City would help out with the plowing. Mayor Nee said the Public Works Department had done a fine job. MOTION by Councilwoman Kukowski to commend the Public Works Department on the fine �ob done after the severe blizzard. The motion was seconded and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. The City Manager said he would approve of this type of activ�ty under certain conditions. Councilman Breider commented that this had 6een an unusual storm. He said as a matter of policy, he did not think this should 6e done, but this was an unusual situation. Mayorl�e said he felt the people concerned should receive a letter stating the City policy. Ne continued stating that the people who had requested this type of service had not called before, they had called because of the storm being a severe one. 1�� PUBLIC HEARING MEETING OF JANUARY 13, 1975 PAGE 13 The City Manager asked if there was any direction from the Counc�l and Mayor Nee said no, the expanation of the policy within the discussion would be sufficient. ADJOURNMENT: MOTION by Councilman Starwalt to ad,7ourn the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, P�ayor Nee declared ihe motion carried unanimously and the Public Hearing of January 13, 1975 ad�ourned at 11:03 P.NI. Respectfully submitted, � �� �'s-,�.a�s�r.�, Pat Ranstrom Secretary to the City Council �/3��s Date Approve � t/V //�� � ��_ William J. N�"e Mayor � � �