01/20/1975 - 00015533�
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THE MINUTES �F THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF ,]ANUARY 20, 1975
The Regular Meeting of the Fridley City Council of January 20, 1975 was called to
order at 7:31 P.M. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee invited all who were present to join the Council in saying the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT
PIEMBERS ABSENT
ADOPTION OF AGEN�A:
Councilwoman Kukowski, Councilman Breider, Councilman
Starwalt, and Mayor Nee.
fVone.
Mayor Nee indicated he had an item to add under Old Business, the consideration
of an ordinance to amend Chapter 603, Intoxicating Liquor, of the City Code of the
City of Frid1ey.
MOTION by Councilman Starwalt to adopt the agenda as amended with the addition of
the consideration of the amendment to Chapter 603, Intoxicating Liquor. Seconded
by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Nee declared the
motion carried unanimously.
�PEN FORUM: UISITORS:
Mayor Nee asked if anyone was present who wished to address the Council during the
Open Forum Section and there was no response.
PUBLIC HEARINGS:
ED PUBLIG NEARING �N FINAL PLAT. P. S. #74-�8. HERWAL RICE CREEK TERRACE BY
f�1ayor Nee expla�ned that this item had been tabled last week with the request
that some representative of the plat be present at this time to discuss the vartous
conditions.
Gouncilman Starwalt suggested that this item be t�ken care of later in the meeting,
allowing for the possibility that the representative will attend.
Mayor Nee sa�d the Council would come back to this item later in the meettng.
OLD BUSINESS:
AND
OF REQUEST FOR
4-04, BY HENRY F. PIUHICH. TO REZONE
RELOCAT
P�ayor Nee explained this item to be a request for rezoning and pointed out the
general location of the area. He explained that the rezoning had been initiated
by Mr. Henry Muhich and the proposed action has the support of all the property
owners involved. Mayor Nee continued to explain that the property is currently
being used as restdential and the people resid�ng in the area are having some
problems with financing and maintenance of the homes because of the M-1 zoning.
P4ayor Nee stated the people of the area petitioned for the rezoning and it was
recommended by the Planntng Commiss�on that this area be rezoned. He pointed out
to the members of the Council that the proposed rezoning would take four Gouncil
votes.
rlayor Nee asked if there were any questions by any members of the Counc�l.
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REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 2
r�lOTION by Councilman Starwalt to adopt Ord�nance No. 578, an ordinance for rezoning
request ZOA #74-04, by Henry F. Muhich, to rezone Lots 11-21 and Lots 28-35, Block
4, Spring Brook Park Addition, from M-1 to R-1, generally located between 79th Way
and Longfellow Street and Ashton Avenue and the Railroad tracks. Seconded by Council-
woman Kukowski. Upon a roll call vote, htayor Nee voting aye, Counciiwoman Kukowski
voting aye, Councilman Bre�der voting aye, and Councilman Starwalt voting aye,
Mayor Nee declared the motion carried and the ordinance adopted.
MOTION by Councilman Breider to issue the permit for the relocation of the house
on Lots 31 and 32, Block 4, Spring Brook Park Addition with the stipuiations that
a two car garage be constructed by the end of 1975 and that a landscaping bond for
$5,OOD be posted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
CITY TO AUTHORIZE AN EMPLOYEE TQ ACT AS A
The City Manager po�nted out that the representative from the Selective Service
System was present and if the members of the Council had any questions concerning
the proposal, he could answer them.
Mr. Junior K. Anderson, Executive Secretary, 5elective Service-5ystem area office
#19, addressed the Counc�l and �ntroduced himself.
Mr. Anderson sa�d they are presently coneerned about the distance that the Fridley
young men have to travel to register. He pointed out that there is a registrar
in Grace High School and also in Robbinsdale.
Counci7man Starwalt questioned why the registrar had been eliminated at Fridley
H�gh School. ,�1r. Anderson exp]ained that an attorney had questioned if there may be
a conflict being this was being done during the school employees compensation, time.
He said the question had not been resolved, but the school had discontinued the
pract�ce because of the question. He said this is currently being resolved, and
there is the possibility �f this is resolved with the opinion that it is not a
cornflict, the school would again designate the registrar. He explained this to be
the best cond�tion for such registrations because the young people are at the
schoal and would not have to travel.
Mayor Nee asked Mr. Anderson how much time would be spent on the average for
each individual registrat�on. Mr. Anderson said this is estimated at about five
minutes. Mr. ��nderson further mentioned that the Selective Service System furnishes
the necessary paper, materials, etc. The registrations are ma�led to the Selective
Service office once per week. �1r. Anderson explained that they would not want to take
any mare time than necessary from the employee's narmal duties.
Mayor Nee said he felt this would be a reasonable thing to do for the convenience
of the young men in the community.
Councilman Breider said he agreed and stated this would be some help to the young
men in the City rather than them going to Robbinsdale.
P10TION by Councilman Starwalt to provide and authorize a member of the City Staff
to act as volunteer registrar under the �urisdiction of the State Selective Service
System. Seconded by Counci7woman Kukowski, Upon a voice vote, all voting aye,
f�ayor Nee declared the motion carried unanimously.
TION OF APPOINTMENTS TO CITIZEN BIKEWAY
Mayor Nee named two recommendation for appointments if no other members of the Council
had suggest�ons. These persons were Mrs. John E. Gardiner, 377 Ironton, Area #1,
and Mrs. �erner E. Johnson, 5832 University Avenue N. E., Area #3,
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MOTION by Councilman Starwalt to appoint Mrs. �ohn E. Gardiner as the representative
from Area #1 and Mrs. Verner John�on representative from Area #3. Seconded by Council-
woman Kukowski, Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unan�mously.
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REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 3
CONSIDERATION OF SETTING AN ELECTION FOR CHARTER AMENDMENTS (TABLE� JANUARY 13, 1975):
AND
RECEIVING COMMUNICATION FROM CHARTER COMMISSION CHAIRMAN:
� i�layor Nee explained the item to be the setting of a special election and receiv�ng
the communicatton from the Charter Commission Chairman. He felt it would be in
order to receive the communication from ihe Charter Commission Chairman before any
discussion.
f10TI0N by Councilwoman Kukowski to receive the communication from the Chairman of
the Charter Commission, i�lr. Ray Sheridan, dated January 17, 1975. Seconded by
Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
Mayor Nee said he did not know how to proceed from this point. He informed the
Council that the two interested groups had met and were not able to make any progress
in reconci7tng their differences. Fle said this could be done by ordinance. He
further explained that a petition had been received which requested an amendment
to the City Charter in the section relating to vacancies on the Council. Fle said
the petitioners favored that vacancies be filled through the elective process and
the Charter calls for the appointment by the Council of replacements when there is
a vacancy on the Council. I-le said the petition had 6een received from the Committee
by the Charter Commisston in the first part of October and the Council had formally
received the petitaan January 6, 1975. He said the amendment and proposed change
would have to be submitted to the P�p1e in a special election unless there was some
agreement between the Petitioning Committee, Charter Commission and Council which
would allow the question to be muted by adoption of the Council.
Mr. Ken Sporre, 301 Ironton, member of the Petitioning Correm ttee addressed the
� Council and explained that the City Attorney had suggested some modifications in the
language of the amendment as su6mitted by the petitioners. Fie said there was some
mer�t �n his suggestions over the language of the original petition. He said
the committee had reviewed the City Attorney's suggestions and tended to agree
with them and had met with the Charter Commission to work out some agreement. Ile
pointed out that the first meeting with the Charter Commission consisted of the
Officers of the Comnission and the Petitioning Committee. He said at this meeting,
the consensus was that they were making some headway toward agreement. Since that
time the Committee met with the whole Charter Commission which was the previous
week and as the minutes of the meeting ipdicate, no progress was made at reaching
an agreement.
a�r. 5porre said he did not think it would be possible for the Coirenittee and
Charter Commission to come to agreement on the changes necessary to adopt the
amendments in the City Charter by Ordinance. f9r. Sporre continued to explain
according to the Attorney General, no amendment can be made to the petit�on and
it would not be possible to withdraw the petition. He sa7d since there had not
been a case similar to th�s, the Attorney General could not provide a written opinion
on it. Mr. Sporre conttnued stating the Attorney General felt that the Council could
adopt the pet�t�on with an amendment if no one o6jected to this. He added, if none
of the s�gners of the petition file against the amendment to the petition, it could
be adopted by ordinance. Mr. Sporre said he did not feel the �reviously mentioned
method would be possible since there had not been any agreement between the Committee
and the Commission. Mr. Sporre said the people in opposition on the Charter Cammission
� felt the vacancy should be filled by appointment and the Committee feels that the
replacement should be elected or chosen by the people. He said they did not
have the opportunity to come to a compromise.
f�layor Nee said it would seem that the current action of the Counci7 would be to
set a special election. His feeling was that this petition had been continued
over and over again for a long period of time. He mentioned it had been three
months since its receipt and as long as there is not any possibility of modification,
an election should be set. He mentioned if the Charter Comm�ssion would like to
present other questions to the people at this election, they can proceed to do it.
f�layor Nee mentioned that this would have to be within the time frame of 90 days
from the time the Council had received the petition.
��1ayor Nee called on the Chairman of the Charter Commission, f�lr. Ray Sheridan,
to present his views. Mr. Sheridan said the memo which had 6een written to the
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REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 4
City Manager and presented to the Council expressed the Commission's views. iie
said he had believed that at some point the two groups could get together and agree
on the amendment. Ne also said he thought this could be cleared up and there was
no way that he would stand in the way of this. Mr. Sheridan continued to comment
that the Charter Commission felt the requested amendment submitted by the petitioner
should stand on its own merits and not be presented to the people with anything
contrary to this view. �
Councilman Breider said in the minutes of the meeting of the 14th of January, 1975
the Charter Commission asks the Counci7 to consider each of the amendments individually
and send the amendments back to them. He said the Charter Commission would then put
the remaining points where agreement cannot be reached on the ballot.
Mr. Sheridan agreed with this point and said some of the amendments could be placed
on the special election ballot.
Councilman Breider questioned if there were some original amendments from the Charter
Commission concerning the replacements for seats vacant on the Council. Ne asked if
the Charter Commisston would take some action on keeping this amendment off the
ballot. Mr. Sheridan said the Charter Commission would not put their recommendation
on the ballot at the same time as the petitioners requesie� amendment.
The City Manager asked if March 4th would be the best day and the Finance Director
said yes. Mayor Nee asked when the deadline for the election would be and the Finance
Director said it would have to be held by April 4th. He added, the special election
could be hald anytime up until the end of March.
Councilwoman Kukowski questioned if when the election is set could the Charter
amendments be on the ballot also7 The Finance Director said in this case, six weeks
7ead time would be needed for setting the election for these points also. Ne
elaborated, this would mean that from the time the Council decides what amendments ,
would be placed on the ballot, the pertod of six weeks would be needed to publish
the notices and print these ballots also. He said if the Councii would cansider this
type of action, he would suggest that the election be set for later in the month of
March. He said individually, each point to be placed on the ballot would need six
weeks in time.
Councilwoman kukowski questioned Mr. Sheridan on the point of whether it would be
possibla for the Charter Commission to prepare some items for the bal7ot at this
special electton. �ir. Sheridan replied, he 6elieved this would be possible. He
said he thought there were only approximately one half a dozen amendments that may
6e controversial, or that the Council would be concerned about adopting without the
input of the people of the City. He said the total �umber of amendments recommended
by the Charter Commission had been 24, and with the elimination of the amendment to the
section on the Council vacancies, this would leave a total of 23. He said the remainder
of the amendments may be handled through the process withtn the provisions possible
for amendment by ordinance.
Counci7woman Kukowski mentioned if there is going to be an election, she felt that
they should put additional matters on the ballot. She said if the City is going
to go through the expense of having an election, the additional questions should be
included.
Councilman Breider said, if there is a special election, he felt the other five or
six items shou]d be taken care of at this t�me. He said if some cou]d not be taken
care of at the special election, this could go on the ballot in the fall when �
there are only two Council Ward pos7tions to be determined.
MOTION by Councilman Breider to set the special election for March 25, 1975 and
authorize the Charter Commission to prepare the amendments Pnr the ballot that they
feel shouid 6e presented to the citizens, with the item submitted by the Petitioning
Committee concerning the vacancies on the Counci7. Seconded by Councilwoman Kukowski.
Councilwoman Kukowski asked the Finance �irector if the motion would be satisfactory
for his time schedule and the Finance Director said yes.
UPON A VOICE VOTE, all voting aye, Piayor Nee declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 20, 1975
TION OF FIRST READING OF AN ORDINANCE AMENDING SECTION 603
PAGE 5
ICATING
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Mayor Nee presented an explanation of this consideration stating the proposed ordinance
would modtfy the present liquor ordinance and update the requirements for on-sale
liquor businesses in the City of Fridley. He said the ordinance proposed relates to
minimum areas and other criteria items that had been proposed for change.
The City Manager explained one change to be the requirement that 51% of the
business of an establishment be done in food, now would be 40� for food. The City
Manager said the second change is in the sect�on which would now require that parking
plans be submitted to the City and that rather than the previously required one stall
for each four in seating capacity, now this would require one stall for each three in
seat�ng capacity. lie pointed out that the third change would relate to the installation
of sprinkling systems and new construction would be required to install such a system
within two years. �le said after this, if additional extensions in time are required
fa°the installation, the applicant could appear before the Council for this consideration.
The City Manager said the other changes tn the ord�nance are correcting section numbers so
they conform. Ile commented that the square footage requirement was being changed to state
that the total minimum building area wtll be 5,000 with a minimum kitchen and dining
area of 2,000 square feet. The City Manager said the minimum seating capacity in the
proposed ordinance is 130 people.
The City Manager continued to explain the changes proposed and mentioned the m�nimum
square footage for pub1ic use for a hotel without a dining room will be 900 square
feet. He said the 40q requirement would be enforced by ordinance and proof must
be provided. He further explained that the section had aeen modified so that 40%
of the gross sales be derived from food sales and this had been changed from the
wording that this be the principle portion. He said the applicant should submit proof
before renewal of the license.
� The City Manager said the hotel would be a little different type of operation. fie said
this consideration had not been discussed at the study session, and the Administration
left the wording as it was. Councilman Breider said he belteved they were talktng
aouht a hotel with convention faci7ities. He said if this minimum area would
include the dining area and any convention facilities. He said under this type
of condition, the hotel could put in rooms and not provide too much in public
area for conventions and the City would be hard pressed to grant the license.
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The City Attorney said under this type of working, this would be correct. The
City Attorney felt the ordinance should state the same requirements for the hotel and
restaurant.
Gouncilman Breider asked if there would 6e a minimum for the kitchen facilities also.
P4ayor Nee said he thought the word "hotel" should be �nserted in the area requirements
for the restaurant or state, "IVo "on sale" license shall be granted for a restaurant
and hotel that does not have a minimum total building area of 5,OOD square feet," etc
He also suggested that the remainder of the sentence after the wording "seating
capacity of 130, open to the public," should be deleted.
��Ir. Wyman Smith questioned the conditions for the installation of a sprinkler system
and the City Manager sa�d a bustness in an existing building would be allowed to
operate for two years before this would have to be installed. P1r. Sm�th expressed
concern about the wording of this section and the City Manager said this would be
clarif�ed.
hlayor Nee said it would be in order to amend the proposed ordinance.
ihOTION by Couniclman Breider to amend the proposed ordinance changing the requirement
for hotel square footage from 900 to 2,000 square feet for kitchen and dining,
inserting the word hotel after restaurant and deleting the end portion of the sentence.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
i�lOTION by Councilman Starwalt to amend the portion of the ordtnance relating to the
conditions of the installation of the sprinkler system, (Section 603.032, paragraph b.1
to state there will be a two year time period ior compliance on existing buildings.
Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, i�layor Nee
declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JANIJARY 20, 1975 PAGE 6
Councilman Starwalt asked if there would be an amendment in the section referring
to the cert�ficate of occupancy. i°layor Nee said this could be taken care at the
time the ordinance comes back for second reading. Councilman Breider asked if
it was not already provided for.
MOTION by Counc�lman Breider to adopt the ordinance to amend the Intoxicating Liquor
Ordinance on first reading as amended. Seconded by Councilman Starwali.
Mayor Nee offered the members of the audience a copy of the ordinance to read.
UPON A VOICE VOTE, all votin9 aye, Mayor Nee declared the motion carried uannimously.
RICE CREEK TERRACE BY GEORGE L.
Councilman Starwalt brought to the Council's attention that this ttem had been
delayed until Mr. Walquist may be present and he felt it should be discussed under
old business. Mr. Sobiech asked if Mr. Walquist was present at this time and Mr.
Walquist responded.
Councilman Starwalt informed Mr. Walquist that he had requested that Mr. Walquist
attend a session of the Council concerning this consideration to be sure he was
aware of the various stipulat�ons and that non compliance with these stipulations
would jeopardize any future plans to obtain permits.
Mr. Walquist asked what the stipulations were that had been recommended. The Public
Works Director read the stipulations aloud to the Council and audience and briefly
explained each of them. f4r. Walquist related that he had no real objections with
the exception of the size easements. Ile said the City would 6e taking most of the
lot for easements. The Public Works Director explained the fourth stipulation
concerning the easement saying there is an existing sanitary sewer in this area
and this easement would be necessary so no future construction would jeopardize
this sanitary sewer. Mr. Walquist again stated that there were no major problems
with the stipulations other than the amount of property being put into easements.
The Public Works Director said they were working on this portion of the plan and
this easement would not make the area unusable, it could be used for parking
and landscaping, etc.
The Public Works Director said he would like to propose an additional stipulation
requiring the p7at to be submitted to the Rice Creek Watershed Distr�ct for their
comments.
Mr, �dalquist questioned if the Council would approve the variance on Lot 5. Ne
indicated it would not be possible to plat the property as proposed unless this
is approved. The City Manager informed the petitioner that this portion of the
consideration would be taken up by the Council during the minutes of the Board
of Appeals consideration which appeared later on the agenda. He potnted out that
at this time, the plat was being discussed within the public hearing and the final
plat approval would not be taken care of by the Council until the next meeting.
The Public Works D�rector said the current action of the Council would be to close
the public hear�ng and iater conslder the variance and 6uildTng plans.
�layor Nee asked if the ad,7oining property owner had established his approval
of this plan. P1r. Waiquist said he did approve, and added he represented both
parties.
The City Manager asked �f there is a need for a bikeway in this area, vaould the
easement be sufficient? The City Manager asked if there is a need for a 6ikeway
in this area, would the easement be sufficient? 7he Public Works Director said
there may be the need for a 6ikeway in the future but indicated he was not sure
if this had been taken into consideration. rie said he was not sure if the bikeway
would be extended this far.
Mr. Walquist said the County had indicated the possibility of the ditch being
filled in favor of a closed piping system. The City Manager asked if the property
owner had granted the County the necessary easements and Mr. Walquist said yes.
The City Manager said he believed it should be made clear to the applicant that
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REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 7
the City has no plan to pipe the drainage in this area. He said if this is to be
done, it would have to be done by commitment or by the developer of the property.
He said there is no commitment on the par� of the City.
M�TION by Councilwoman Kukowski to close the Public Hearing. Seconded by Counc�lman
� Starwalt. Upon a voice vote, all voting aye, f1ayor Nee declared the motion carried
unanimously and the public hearing closed at 9:52 P.rl.
�dEW BUSINESS:
RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF DECEMBER 30, 1974:
NlOTION by Councilman Starwalt to receive the minutes of the Charier C�mmission
Meeting of December 30, 1974. Seconded by Gouncilman Breider. Upon a votce vote,
all voting aye, f�7ayor Nee declared the maotion carried unanimously.
RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF JANUARY 14,1975:
f10TI0N by Councilman Starwalt to receive the minutes of the Charter Commission
meeting of January 14, 1975. Seconded by Councilk�oman Kukowski. Upon a voice
vote, all voting aye, Mayor Nee declared the mot9on carried unanimously.
CONSIDERATION OF APPROVAL QF FINAL PLAT P. S. #74-�6, ZANDER'S FIRST AD�ITION BY
DAILEY HOMES, INC., LOCATED SOUTH OF 61ST AUENUE BETWEEN BENJAMIN STREET AND
MCKINLEY STREET:
The Public Works Director satd the Public Hearing on this plat had been held the
previous week and there had been no objections to the plat. Ne further explained
that the Planning Commisston had recommended approval of the plat with four stipulations.
Mr. Sobiech read and explained the stipulations to the Council.
� Councilman Starwalt said this had been discussed and he had no ob�ections to the plat.
M�TI�N 6y Counciltt�n 5tarwalt to approve the final plat P_S. #74-06, Zander's First
Addition, by Datley Homes, Inc., located south of 61st Avenue between Ben�amin Street
and McKinley Street, with the four stipulat�ons recommended by the Planning Commission.
5econded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
CONSIDERATION OF ISSUANCE OF LIQUOR LICENSE '
rnir rorn iirru�.�nv nin cr_.
Mayor Nee asked if the applicant or M s counsel had read the ord�nance concerning
the criteria for 7iquor establishments that had been adopted on f�rst reading by
the Gouncil that evening. P1r. Wyman Smith, F�ttorney for the King's Chalet or Mr.
Max Sa7iterman, addressed the Council and said he had read the ordinance. Mayor
Nee continued to explain this consideration to be whether or not the Council would
6e willing to issue a liquor license upon satisfaction of the various requirements.
f�layor Nee questioned if there were any comments from the Council concerning this
consideration.
Councilman Starwalt asked if all of the preliminary plans had been submitted to the
City on this proposal. 7he Public Works Director said the only plans that had been
subm�tted so far is the one that the Council had seen and this was the plan for the
, dining area, kitchen and 6ar of the proposed liquor establishment.
Councilman Starwalt asked if the faci7ity is equiped with a sprinkling system at the
present time. The Public Works Director said no, it is not.
Councilman Starwalt asked Mr. Wyman Smith if he understood all that had taken place
on the proposed ordinance changes. Mr. Smith said yes. He said he had attended the
study session the previous week and meniioned the possible changes to Mr. Saliterman
and he concurs with them. i�9r. Smith stated Mr. Saliterman had given h�m the green
ltght.
The City Attorney advised the Council that it would be appropriate for the Council to
adopt a Resolution stating that if the applicant meets all of the requ�rements of the
City in the issuance of the liquor license and all of the bu�lding codes, health
and sanitation codes and other regulations of the license, the license will be
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REGULAR COONCIL MEETING OF JANUARY 20, �975 PAGE 8
available for Mr. Saliterman and be reserved for a reasonable arrrount of time. He
added, this would allow the applicant to proceed with the plans for the construction
of the restaurant.
Councilman Starwalt agreed with the suggestion of the City Attorney, Fle said he
would like to have this statement become the motion.
1�10TION by Councilman Starwalt to have the C7ty Attorney draft a Resolution stating ,
a license will be available for Mr. Saliterman if he meets all of the requirements
of the City liquor license ordinance, building codes, health and sanitation codes
and any other regu7atory requtrements and that the license be reserved for a
period of six months with the clause that an extension could 6e granted if sufficient
cause is exh�bited. Seconded by Councilman Breider.
Counci7man Starwalt asked if the six month time period would be acceptable. He asked
if perhaps this should he shorter. Mayor Nee said this would proba6ly depend on the
kind of requirements the C�ty establishes.
Councilman Breider sa�d he felt the statement that an extens�on may be obtained
would be necessary in this reservation. He thought there may be some problems with
the final plans, etc., and this extension may be needed. Louncilman Breider said
if the time is growing short, it would be possible for the Counci7 to call in the
app]7cant and ask his intentions.
The City Attorney suggested this statement of allowing six months with the possihility
of an extenston in thTS time if it is needed and said this would be appropriate.
UPON A VOICE VOTE, all voting aye, Fnayor Nee declared the motion carried unanimously.
CONSIDERATION OF ISSUANCE OF LIOUOR LICENSE TO ROBERT NENRY SCHROER. 6720 UNIVERSITY
,�layor Nee pointed out that this consideration was a request for a liquor iicense �
for Mr. Ro6ert Schroer for a new construction in the area of East Ranch Estates.
He said this would 6e north of Bob's Produce Ranch.
Councilman Breider pointed out that this had been the first application received
for a restaurant and liquor establishment in the First Ward and he had talked to
many people of the area and they expressed the desire for the execution of the plans.
Councilman Breider continued to point out that the Council had modified the criteria
on the l�quor ord�nance and in each instance, Mr. Schroer's plans far exceed the
minimum of 5,000 square feet, the seating capacity is planned for 350 with the
minimum being set at 130, and also that the parking would be in excess of the
requmements. He said the plans call for one parking stall for every two in
seat�ng capacity when the ordinance adopted on first read�ng required one stall
for every three in seating capacity. Councilman Breider pointed out the approximate
value of the planned construction to be $500,000. He said the proposal does meet
the criteria for the requirements for the liquor license.
MOTION by Councilman Breider to d7rect the City Attorney to draft a resolution
indicating the intent of the City to reserve a liquor license for Mr. Robert Schroer
which will be available upon meeting all the requirements of the City's liquor
ordinance, meeting all building codes, health and sanitat�on requirements, stipulations
of the Building Standards-Design Control Subcommittee and that this be reserved for
the period of one year with the option of an extension by the Council after this
time. Seconded by Councilman Starwalt. '
i�9r. Smith indicated that the time period in this case of one year would be fine,
this is what he was planning to suggest to the Council being thts was to be a new
construction. He said this would also allow the applicant to ask for an extension
if this is needed.
Councilman Breider asked when the time period would start, if this would be the
present time. He mentioned that all the requirements would have to be met in the
period of this time 6efore the license would be issued.
llPON A VOICE VOTE, all voting aye, �ayor Nee declared the motion carried unahimously.
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REGULAR COUNCIL MEETING OF JANUARY 20, 1975
PAGE 9
CONSIDERATION OF ISSUANCE OF LIQUOR LICENSE TO RICHARD DUANE POVLITZKE, 7365 OLD
CENTRP,L AVENUE N. E.. FRIDLEY FRONTIER CLUB INC. V ~
Mayor Nee pointed out that there had been a question of defective process raised
concerning the public hearing, Mayor Nee said his feela�ng was that the Council
should probably go back and hold the public hearing again.
The City Attorney advised the Council that his recommen3ation would be to table the
� consideration at the present time, He said he would like to review som� of the
material that was presented to the Council and get toget6er with the applicant and
his counsel and discuss this matter. He said this could be braught back to the Council
at their next regular meeting,
MOTION by Councilman Starwalt to tsble the consideration of the issuance of the
liquor license as requested by Mr. Richard Povlitzke, 7365 Old Central Avenue until
the next regular meeting of the Council. Seconded by Councilman Breider.
UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion carried unanimously.
CONSTDERATION OF SUGGESTING ADDITIONAL MEMBER OF T1IE COMMITNITY SCHOOL COMMITTEE:
Mayor Nee pointed out that Councilwoman Kukowski had an interest in serving on the
Community School Committee and this is why he brought this action to the Council
attention.
Mayor Nee m�ntioned that the Council had received a letter from Mr, Dan Huff,
NaturalistJResource Coor3inator and a��mber of the committee, and also som� information
on tne project from District �F14.
MOTION by Councilman Sreider to designate Councilwoman Kukowski as a representative
on the Community School Committee for District �k14. Seconded by Councilman Starwalt.
UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimousJy
� Councilwoman Kukowski tnanked the Council for this action,
ItECESVING THE MINUTES OF THE JOINT MEETING OF TiL PLANNING COMMCSSION,
PARRS AND RECREATION COMMISSION AND THE BIKEWAY COMMIT'PEE OR SANUARY 7, 1975
Mayor Nee indicated this had been a joint meeting with no Council action necessary.
MOTION by Councilman Breider to receive the minutes of the �oint meeting of the
Planaing Commission, parks and Recreation Commissioa and Citizen Bikeway Committee
of ,7anuary 7, 1975. Seconded by Councilman Starwalt
UPON A VOIC� VOTE, a11 voting aye, Mayor Nee declared the motion carra.ed unanlmously
RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DFSIGN CONTROL SUBCON�[ZTTEE MELTIN�
OF SANUARY 9�1975 � i� �
OMPANY, 6400 CENTRAL AVENiT� N, E
The Public Works Director pointed out that this item would also need CouncLl
action on the variance portion of the appLication which would Ue taken care
of as the next item on the agenda.
� The Public Works Director expiained the proposed consYruction to be on the south
line of the property. He saxd the Building Standar3s Design Contr�l Subcommittee
had recommended approval of the request with stipulations The Public Works
Director asked �f Mr. Burah was present and he responded
The Public Works Director sald the other property ownex hop�d to develop his
property using the z2ro setback The Public jdorks Director contLnued to exp'ain
that if this is not done, the property owner would be required to allow the 30
feet clearance for emergency vehicles access entireiy on his prooerty. This
would mean providing for the two portions of the 15 foot easements entire�y on
the southerly property.
Jv�
REGULAR COI7NCIL MEETING Or SANUARY 20, 1975
PAGE 10
Mayor Nee said there seemed to be some question on the future 3evelopment. He
asked if it was known at this time what was planned for this area and the Publ_ic
�dorks Director said no. The Public Works Director said the only thing they know
is that when the adjoining prop�rty o�aner gave his concent,_it was on the eerms
that the first property owner would mutually agree to this-type ot development of
the ad�acent prooerty Mayor Nee asked if the Soard of Appea's knew this. The
Public Works Director responded that there were no plans for the development of
this property to the south,
Mayor Nee asked if it would be possible to purchase more than 50 feet, t�Ir. Burah
said it would not be possible, this is all they need fox their-p1an.
The Public Works Director said the requirement of the agreement to furnish
the 30 feet if the zero setback is not used cou�d be added as a stipulation.
Mayor Nee asked the applicant how large the proposed building would be.
Mr. Burah said they would be 12 feet storage boxes which would'be rented.
The Public Works Director pointed out to the Council on the plan on the easel
that the original construction had been planned for 20 by approximately 250
feet, but due to the necessity for the easement on the back portion of the
property, the proposal had been reduced from the 250 feet to 160 teet.
Councilman Braider sflid this is a different type of groposal than what is
being done xn Onoway. He said he did not see that the buildings �aould be
comparable. Councilman Breider questioned if it would be possible to achieve
the same storage area in another fashion. He questioned if the area along
the back to the alley area could be utilized for this construction, The Public
Works Director pointed out that this would not be possible because of the
easement for the sanitary sewer
Councilman Breider said he would Like to be sure the Council was not s�tting
a precedent. He said he would not like others to come in with propnsals for
structures up the sides of the 6uilding sites,
Councilman Starwalt asked what time table £or construction would be expected
by the applicant Mr. $urah indicated this would depend on the money situation
Mr. Burah said he would like to provide th�s typa of facility that would 6e
easily accessable to the public in camparison to the inside storage space now
being offered. He said this would enable the people to obtain access to their
storage space 24 hours a day.
Mayor Nee asked the applicant why he had not attended the meeting of the Boar3
of App�als. Mr. Burah indicated he thought there would be some notice sent
concerning the time aad date of the meeting, but he had not received any notice
In a telephone call to the office he was informed that he had nissed the meeting
and should appear at the next meeting concerning the request, which was the
current Council m�eting.
Councilman Starwalt questioned if the Council shou�d table the c�nsideration of
the item until som� agreement in writing is obtained from the property owner to
the south. Councilman Starwalt asked what would happen to the property to the
south.
Mr. Burah said he did not knoa and really did not care, he w,as presently concerned
for his business and he would like to gzt going.
Cou�c'tlman Breider said the Council could take action that the p�rmit would be
issued admLnistratively upon receipt of the letter of agrzement for the use of
the 30 feet access if the zero setback is not utilized by the southerly property
o�aner .
P40TION by Councilman Starwalt to approve the building plan as proposed by
M�dwest Van and Storage Company with the five stipulations recommende3 by
the Building Standards Design-Control Subcommittee and with the addition of
a sixth stipulation that the City receive a communication from the property
owner to the south agreeing to provide 30 feet of access for emergency vehicles
if the zaro setback is not used, Seconded by Councilwoman Kukwoski.
UPON A VOIC� VOTL, all voting aye, Mayor Nee declared the m�tion carried unanimously,
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_���1�
REGULAR COUNCIL MEETING OF JANUARY 20, 1975
RECETVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JANUARY 14, 1975:
PAGE 11
Mayor Nee said he thought the Council should have handled the variance question in this
xequest before the proceeding item. He said the previous actlon approved the issuance
of the building permit, now they were being asked to approve the variance
The Public Works Director pointed out that the petitioner had not attended the
Board of Appeals meeting and thls made the consideration cnore difficult He said
� the Boar3 had indicated that there were no ob�ections noted. The Public Works
Director fuxther expLained that originally there had been three variances xequested
and due to the elimination of the variance in the rear yard setback, because of
the easement needed for the sanitary sewer, the request would now be for a variance
in the side yard setback from 15 feet to zero feet and a variance in the front
yard setback from 100 feet to 76 feet.
Councilman Starwalt asked if the variance in the front yard setback would 6ring
the smaller storage building in front of the existing structure The Public Works
Director said yes. The Pub11c Works Director continued to explain that there
would be landscaping added in the front portion oi the property. Councilman
Starwalt said he had not reviewed the idea of the front setback as if rt may
be a problem. The CiYy Manager said this requirement for Yhe 100 feet of setback
in the fronC is aecessary when commercial abuts a residentLal He pointed out
that there is rzsidenCial dwellings across Central to the East.
MOTION by Councilman Starwalt to approve the variances for the fr�nt yard setback
from 100 feet to 76 feet and the side yard variance from 15 feet to Zero feet
Seconded by Councilwoman Kukowski,
UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion carried unanimously
RECEIVING THE MCNUTES OF THE FRIDLEY ENVIRONMENTAL QUALITY COMMISSION MEETING OP
DECEMBER 17, 1974:
� Mayor Nee said within the discussion of the Environmental Qualxty Commission
minutes there is a recommendation that North Park shouLd be include3 in ehe
Comprehensive Park Plan.
Dfayor Nee said it was suggested that the azea �ust be called a park at this time,
Councilman Breider said he felt there would be no ob�ect to the designation �ust
to put it in the book. He suggested that there would have to be som� copy to
expand on the usage of the park. He said it would not be possible to determine
tha.s content at the present time,
Mayor Nee asked if the matter should be tabled until that time. Councilman Breider
said he thought the mtnutes could be received and the matter handled Later.
MOTION by Councilman Breider to receive the minutes of the Environmental Quality
Commission o£ December 17, 1974. Seconded 6y Councilwoman Kukowski.
UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion carried una¢imously
CONSIDERATION OF AWARD OF BID FOR 1975 FOiSR-WHEEL DRIVE ARTICULATE RU$BER TIRED
TRACTOR LOADER: � ^�i� � � �
The City Manager said the money had been appropriated in the 6udget for this purpose.
He called on the Public Works Director to present the details on the p1an.
The Public Works Director said the pzoposed tractor loader is a larger loader and
� would replace the outdated tractor being used. He referred to the City's cost
replacement formula and indicated the older model is hazardous and is costing an
additional amount in maintenance. Mr. Sobiech pointed out that the bids w�are opened
on December 30, 1974 and the lowest bidder was Long Lake Ford Tractor. He said the
bid would be considered with Che older model being a trade-in and the back hoe on
the older tractor would also be traded in, He pointed out the total price is calculated
with the a3dition of two options: the rear wheel disconnect at $125 addiYional and
secondly, the rear tires to be filled with calcium choride with the a3drtion of $95,
fj
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� �R�G6LAR �C`8'U'NCIL MEET�7G OF JANUARY 20 1975 ' " � °° `" ^"°'° '��—^-�
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A1so, he pointed out that there would be a deduction for the use of the standar3
color yellow because this fits inta the City's vehicle colors. He pointed out
that this would r2duce the price bq $ 65.
Councilman Breider asked the amount that had been allocated in the hudget for
this purchas��.
The Public Works Director said he believed this to be approximately $30,000, but
was not sure of the exact figure.
Councilman Breider said he would like to see the budget allocation within the
m,aterials subm�.tted to the Council on thls type of bid.
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.�d1:e
REGULAR COUNCIL MEETING OF SANUARY 20, 1975 PAGE 13
MOTION by Councilman Breider to raceive the bids and award the contract for the
four wheel drive arY'tculated rubber tired tractor to Long Lake Ford Tractor,
Highway 12, Long Lake, Minnesota in the total a�nount oI $25,538, with the addrtion
of the rear axel dlsconnect at $125 and the a3dition of the calcium choride tn
the rear Cires for $95 and with the rzduction oL- $65 for the yellow color. Seconded
by Councilwoman Kukowski.
� UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion carried
unanimously.
GONSIDERATIQN QF APPROVAL OF INTERCEPTOR MAINTANANCE AGREEMENT FOR 1975 WITH
MiiTROPOLITAN SEWER BOARD:—� ~�~ ~
The City Manager explained to the Council that the cost is basically for maintanance
of the s�wer lines and there had been no problems He said he recomm�nded the
Council authorize execution of the agreement for 1975
MOTTON by Councilman Breidet to authorize the execution of Lhe agreemenL for
1975 with the Metropolitan Sewer Board Seconde3 6 Councilman Starwalt
UPON A VOICE VOTE, all voting aye, Mayor Nee declared the morion carried
unanimously.
RESOLUTION NO 10-1975 = APPROVING AND AIITHORIZING SIGNING TF� AGREEI�'NT ESTABLISHING
WORKING CONDITIONSiWAGES AND HOURS Or EMPLOYEES OF THE CITY OF FRIDLEy MUNICIPAL
LIQUOR STORE FOR THE YEAR 1975 !
The City Manager said if the Council h3d any questions, t-he Finance Director had
negotiated the contract and would be best able to answ��r thes�= questions
MOTION by Councilman Starwalt to adopt Resolution 1Qo. 10-1975, Approval and
authorizing signing the agreement establishing working coaditions, wagas and hours
� of employees of the City of Fridley Municipal Liquor Store for 1975 Seconded by
Councilwoman Kukowski.
Councilman Breider asked if the figures were correct that indicated Chat the
output had doubled. The Finance Director said yes.
Councilman Breider said he hoped this is a factor that they would be dealLng with
He said he felt the liquor store amployees had done an exceLlent �ob this year
Mayor Nee asked if the cut Uack the employees had taken should Ue replaced
Councilman Brelder said this is one of the points he would like to have determined
at this time. He said the incentive matter would have Co Ue looked at and he hoped
the Council would look at the situation and see what they were dealing with The
City Manager advised the Council that he had planned to bring this matter back to
the Council with a complete xeport and some recommendation, He said the liquor
store employees had been performing at a higher 1eve1 and he felt some action should
be taken by the Council.
UEON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously
RECEIVING PETITION �k2-1975 AND STATUS REPORT FROM ENGINEERING DsPARTMENT
REGARDIN ; STGNALIZATION AT 73RD AVENUE AND T H dk65; `�� !�
The City Manager pointed out that the City had been trying to oUtain this sLgnal
for a numbez of years and the Highway Department had be�n delaying. He said
� finally, the City is going to get the signal installed He suggested the Couacil
direct the Administration to write a letter to the people at Target for their
bulletin board and ask their indulgence for �ust a few weeks or months. He said
he thought the City should i�dicate the delay had Ueen on the part of tlie Highway
Departm�nt, not the C1ty.
MOTION by Councilman Breidez to receive Petition �k2-1975 regarding the sLgnali-
zation at 73rd Avenue and T. H��65 and also the status report from the engineering
Department and a3vise the signers of the petition at Target of the current status
of the signalization. Seconded by Councilman Starwalt
J �i �r
R�GU�AR COUNCIL MPETING OF SANUARY 20, 1975
PAGE 14
UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously.
CLAIMS•
GENERAL 38432 - 38642
LIQUOA 9492 - 9536
Mayor Nee asked if the Claims had been posted as he had requested. The City
Manager said this had been done imme3iately.
MOTION by Councilman Starwalt to approve the Claims. Seconde3 by Councrlman
Breider.
UPON A VOTCE VOTE, all voting aye, Mayor Nee delcared the motion carried unanimously,
LICENSES•
FOOD ESTABLISHMENT
➢ave's Bar-B-Q Palace
617 Osborne Aoad NE
Fridley
The Fridley Fun Center
6440 University Ave N E,
BY_ APPROVED BY
FEE
David C. Mi11er Ent., Inc. Health Insp. $14.63
Pro-Rate3
Thomas L, Suggs Health Tnsp. 8.32
Pro-Rated
MOTION by Councilman Breider to grant the licenses. Seconded by Councilman Starwa7t
UPON A VOIC� VOTE, all Voting aye, Mayor Nee declared the motion carried unanimously.
ESTIMATES;
Car1 Newquist
Saexth, Suster, reikema, Haskvitz & Casserly
Builders �xchange Building
Minneapolis, Minnesota 55402
For legal services r2ndered as Prosecutor
December, 1974
Comstock & Davis, Inc
1446 County Road ",T"
Minneapolis, Minnesota 55432
$ 1,100.00
Por the furnishing of resident inspection and resident supervision
for the staking out of the folloaing construction•
PARTLAL Estimate �k7 for Sanitary Sewar & Water Improve-
m�nt Pro�ect No. 115 from Dec 2 through Dec. 27, 1974 $ 127.60
PARTIAL Estimate t'r`12 for Sanitary Sewer, Water & Storm
Sewer Imorovement Pro�ect �ik114 from Dec. 2 through
December 27, 1974
PARTIAL Estimate �'F4 for Sanitary Sewer Improvement
Pro�ect No. 113 fcom Dec. 2 through Dec. 27, 1974
PARTIAL Estimate ��1 for Sanitary Sewer, Storm Sewex �
Water Improvement pro�ect No, 116 from Dec. 2 through
Dec. 27, 1974
$ 32.21
$ 60.02
$ 769.74
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REGULAR COUDTCIL MEETING OF JANIIARY 20, 1975
Weavex, Talle & Herrick
6279 IIniversity Avenue N. E.
Fridley, Minnesota 55432
For legal sarvices rendere�l as City Attoruey
December, 1974
MOTION by Councilman Breider to pay Che Estimates
Kukowski.
PAGE 15
$ 1,847 75
Seconded by Councilwoman
s���r�_
UPON A VOICE VOTE, all voting aye, Mayor Nee declare3 the mo*_io❑ carried unanimously,
AD SORNMENT ;
MOTION by Councilman $reider to ad�ourn the meeCing Seconded by Councilman
Starwalt
UPON A VOICE VO'PE, a11 voting aye, Mayor Nee declarzd the motion carxied unanimously
and the Regular :leeting of the Fridley City Council of January 20, 1975 al7ourned
at 10:16 P M
Res ectfully submitted,
�� N-�t�ZQ-U2-o'YriJ
Pat Ranstrom
Secretary to the City Council
Date A�y��
�lia���• �!/ —
Mayor