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02/03/1975 - 00015519„��:, THE MINUTES OE TI� REGIILAR MEETING Or T:IE FRIDLEY CITY COiTNCIL OF FEBRUARY 3, 1975 The Regular Meeting of the I'ridley City Council of February 3, 1975 was called to order at 7 30 P M, by Mayor Nee. PLED�E OF ALLEGL4NCE• Mayor Nee indicated he would appreciate it if the audience would �oin the Counci� � in saying the PLedge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Kukowski, Councilman Bre�.der, and Councilman Starwalt. �MSERS ABSENT: None. APPROVAL OF MINUTES: REGULAA COLNCIL MEETTNG. JANUARY 6, 197 MOTION by Councilman Starwalt to adopt the Minutes of the Regular Meeting of the Fridley City Council of January 6, 1975 as presented. Seconded by Councilwoman Rukowski. UPON A VOICE VOTE, a11 voting aye, Mayor Nee declare3 the motion carried unanimously PUBLIC I-�ARING MEETING pi .TANUARY 13, 1975 MOTION by Councilman Starwalt to adopt the Minutes o£ the Public Hearing Meeting of the Fridley City Council of .Tanuary 13, 1975 as submitted. Seconded by Councilwoman Kuko�aski. � IIPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion caxried unanimously. ADOPTION OF AGENDA: Mayor Nee indicated that there was a communication from Comstock and Davis, Consulting Engineers, that should be added to the agenda. MOTION by Councilman Breider to adopt the Agenda as amended with the addition of the item mentiane3 by Mayor Ne2. Seconded by Councilman Starwalt. UPON A VOICE V01T,, all voting aye, Mayor Nee declared the motion carried unenimously. OPEN FORUIK - VISITORS: Mayor Nee asked if anyone wanted to address the Council during the open forum and there was no response. OLD BUSINE55: CONSIDERATION OF ISSUANCE OF LI UOR LICENSE TO RICHARD DUANE POVLITZKE 7365 CENTRAL ��-------------- ° --� _a.__� AVENUE N E, FRIDLEY FRONTIER CLUBy IN�TABLED FROM JANUARY 20, 197�: MOTION by Councilm.sn Starw3lt to receive the communicatLOn from Smith, ,Tuster t Feikema, Haskvatz & Casserly, signed Sy Wyman B. Smith, concerning the application for a liquor license of Richard Duane Povlitzke, dated 7anuary 31, 1975. Seconded by Councilman Breider. UPON A VOICE VO�, a11 voting aye, Mayor Nee declared the motion carried unanimously Mayor Nee said the commsnication concerned the adequacy of the provisions. He said from his knowledge of the content, he felt he would need some legal counsel oa the communication. The City Attorney indicated he had receive3 a copy of the communication �ust a few minutes before the meeting had been called to order and was not able to read it thoroughly. He said he would need soma txme to research the questions and r2quested that the Council giant this time. The City Attorney also indicated that there �aere comnlex issues involved that had not been interpreted by the Attorney General or the Courts. L�J ' � �,�,�J REGULAR COUNCTL MEETING OF FEBRUARY 3, 1975 PACE 2 He said there are also new statutes adopted by the 1974 Legislature which would have to be considered Mr. Herrick further pointed out that it would have to be determined if the iCems that had been considered b; the Couacil in the past concern�ng the issuance of liquor licenses would 5Yi11 be applicable. The City Attorney saLd in hls mind there are two statutes that are in conflict or c�nfusing, He said he f-elt the City should seek an opinion from the Attorney General on these points, not only as they apply to this a?plication, but also future applications. He indicated there had been som� question on the Lssuance of licenses and it had been deCermLned thaC they would be issued Co hotels and restaurants. He said the question would be, what is a restaurant� He quesCioned if thls could be a 6usiness that is engagzd in some oCher type of activity, but stL11 qualifies Eor the liquor license. lIe felt these questions should 6e asked the Attorney General. He said he would like this taken care of for this and bsture license applications. Mr. Wyman Smith, Attorney for Mr Povlitzke, addresse3 the Council and Lndicated he had included a11 of the necessary information 1n the memo submitted to the Council He questioned the delay concerning the issuance of the license saying this type of delay had been used ia the past with the Cable Television issue. He said the Council m,sy be repeating the s,sm� experience Mayor Nee asked if anyone on the Council would like to proceed in anyway at the present tLme. Councilwoman Kukowski said the letter from Mr Smith had not been forwerded to her from t_he Post Office and she had not had a chanc? to read it, She indicated she thought this would take some tima. Councilman Starwalt agreed and meationed the letter receive3 in regard to the situation in Maplewood. He said both should be tabled until som� legal research is done. MOTION by Councilman Starwalt to table the considzYation of the liquor license application for the Frontier C1ub and refer the matter to the City Attorney for research. Seconded by Councilman Breider. UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion carried ununLmously CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 603, INTOXICATING ZI�IIOR• - - — — �- -- - Mayor Nee said a questio❑ had been raised by Mr. Savelkoul, Maple Lanes concerning the proposed ordinance. The City Attorney said he had �ust race�.ve3 the commuaication a few minutes previously and had not read it Mayor Nee said maybe the item should be postponed until the City �[torney had a chance to rzad the communication. Mr. Savelkoul addressed the Council and referred to the memo he had submitted to the Counczl and sa�d he felt the information was sell explanatory. Mr. Savelkoul suggested that the basic decision of the Council to be whether or not to set up absolute arbitrary standards. He questioned requirem�nt in dollar perczntages and asked hoca it would be possible to provide compLiance to thLS with no more �nd no less promised. Iie also �tress2d the importance of Lhe Council establishing consideration of the issuance of the individual licenses through Council discr2tion He used an example of this, that a buslness such as MapLe Lanes had been in business in the City of Fridley for 20 �ears and had not caused any problema He asked if it would be possible for the Council to insert some language in the proposed ordinance which a11ow for this Council discretion He mentioned the change in the State Laws and felt the City shouid not deviate from the State La�as Mr. Savelkoul went into d�etail on the type and location of the competition that is faced by the 1oca1 bow�ing cenCer with respect to the liquor sa'es He pointed out that there are man� businesses that do house restaurants a�ong with other typ�s of busLness and this does not disquaLify them as being a restaurant He again asked that the City not take an arbitrary approach and insist on the 40% of Uusiness be done in foo3, `,`'' j �i �� REGULAR G�JUNCIL M°.ETING OF F�BRUARY 3, 19%5 PAGE 3 Mayor Nez pointed out that the basic problem had stemmed from the time when the pzople of the City vote3 on the matter of whether or not to go to open liquor sales such is done in the Citq of Minaeapolis. He said this wnuld allow for the establishment of a tavern, club, etc., without the restaurant ptovision. Mayor Nee said the p2ople had decided against this. He said this question was possed again and the p�:ople indicated they wauld like liquor sales only in restaurants and hotels, and again recently the people said they would support this in restaurants and hotels, not taverns and lounges, Mayor Nee said one aoplicant was proposing a question stating the Council should not have a3ditional discretion and another believes the Council discretion should be increased. Councilman Breider said the Council 6J35 tryxng to get some kind of a handle on the issuance of the liquor licenses in the Citp and would not want anyone who wanted a license to come in and create a City fu11 of taverns. He said if this was not restricted in some manner along with the sale of food, this would happan, He mentioned also xt would be possible for an establishment to sell liquor and just brin� in entartainment, etc. He said this may create a situation where the foo3 facilities �re not used at all, but there would be taverns where the p•�ople can pick up a hot dog. Councilman Starwalt asked Kr. Savelkonl what [cind of time limit he w3s working wtth. Mr. Savelkoul answered it would not be possible to begin any remodeling until the sprin; munths when the leagues wuuld be completed. He said he would probably begin construction in the s�ring with the hopa to open for the fall bowling season. Mr. Savelkoul suggested that the Council consider addittg the wordage wh�ch he had recommended in his memo to the Council within their ordinance. Mayor Nee said he did not know if this language would be defensible. Mr. Savelkoul asked if the City could conform to the State Law. The City Attorney stated that the State Law would allow for the issuance of a license if the establishment could seat from 30 to 50 people and be 900 square feet. Mr. Herrick continued indicat�ng the City Council wants more tha❑ what is required by the State Statutes, The City Attorney further pointed out that if for soma_ reason the conditions of the ordinance were to be waived, this would have to be indicated for a goo3 and aust canse and would have to 6e spelled out in the ordinance. He said this matter would need careful consideration, Mr. Savelkoul again stressed he did not believe Maple Lanes should be hamQere3 in the issuance of the license. He stated they had been in business in the City for 20 years, and they did comply with the State Statutes. Mr. Savelkoul said he beli�ved the requirements put their business at a complicated disadvantage. MOTION by Councilman Starwalt to receive the communication from Mr. Savelkoul. Secon3ed by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to table the second reading of the ordinance amending Chapter 603, Intoxicating Liquor until the first meeting in March (March 3, 1975.) Seconded by� Councilwom,3n Kukowski. UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion carried unanimously, RESOLUTION N0. 11-1975 - A RESOLIITION OF INTENT TO AUTHORIZE ISSUANCE OF LIOUOR LICENSE TO MAX SALITERMAN, FOR THE KING'S CHALET, INC,�6259 HIGHWAY N0, 65• Mayor Nee said he assumed the resolution had been drafted by the City Attorney and Mr. Herrick said yes. Councilman Starw,slt said he felz the resolution is in the intent of what had been discussed at the pcevious m.�eting of the Council. ' � � �k�� REGULAR COUNCIL MCETING OP FEBRUARY 3, 1915 PAGE 4 Mayor Nee said the resolution of intent agreed that the City would issue a liquor license to the King's Chalet Inc., if a11 the necessary conditions are m�t. MOTION by Councilman Starw,slt to adopt Resolukion TQo. 11-1975, a resolution of intent to authorize issuance of a liquor license to Max Saliterman, for the King's Chalet. Seconde3 by Councilman Breider, � UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0, 12-1975 - A RESOLIITION OF INTENT TO AUTHOt�I7E ISSUANCE OF LIQuox LICENSE TO ROBERT HP.NRY SCHROER, 7620 UIVTVERSITY AVE. N E., WESTERN RANCH�INC MOTION by Councilman Breider to adopt Resolution Sdo. 12-1975, a resolution oP intent to authorize issuance of a liquor license to Robert Schroer, Western Ranch, Inc., Secondzd by Councilman Starw,3lt, UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: �f�i CENTFAL AVENi7G; P. S �k74-08_ iiERWAL R The Public Works Director explained that the Plan,ning Commission had r2commen.de3 approval of the plat �aith four stipulations, He said the matter had been before the Council for hearing on two agendas, The Public Works Director read the suggested stip+�lations to the Council and indicated an a33itLOna1 stipulation should be added requesting the Rice Crezk Watershed District to review the plans for t6e piat. MOTION by Councilman Starwalt to approve the final Plat, P. S, ik74�-08, Herwal � Rice Greek Terrace by George L. Walquist, wtith the sttpulations recommende3 by the Planning Conmission and the ad3itional stipulation that the plat be reviewed by the Rice Crsek Wa�er�hed District. Seconded by Councilwoman ICukowski. UPON A VOICE VOTE, all voting aye, Mayor Ne2 declare3 the motion carried unanimously. CONSIDERATION OF APPROVAL OP FINAL PLAT, RICE C2EEK ESTATES 2ND ADDITION, P S, -0F74-O5� BY PINETREE BUILDERS, AND APPROVAL OP AGREEI�LNT: � � The Public Works Director pointed out the area of the propose3 plat and explained that there had been som� modifications to the p1at. He explained that the cu1 de sac had been remove3 on the south side of the plat. He sxplained with the modifications in the plan, there would be less grad�ng of the lots and the larger lots would be more feasible to develop, He further explained the negotiations for the payment for Che park property in excess of the 10% requirement. He said to that point, they had not been able to reach agreement on the payment. He pointed out the area on psge six of the agenda and s*_ated the CiCy propose3 the amouat of $4,246, He continued to explain that there aare nine other stipulations in the agreemeat which had been racommended by the Planaing Commissioxi. Mr. Sobiech said an appraisor had been hire3 to determine a fair and equitable price for the property. He said the a3�acent prop�rty had been acquire3 at 30p per square foot and this was greater than the price being offered, The Public Woxks Director explained that the applicant did not agrea with the a�nount oLfere3 � and asked that this item be braught to the Council's attention fur consideration, Mr. Sobiech pointed out that �1r, Ed Dropps, White pak Realty was present. Councilman Breider asked which portion o° the p*'operty had beea dedicatzd, The Public Works Director said 3/,40D square feet of property had been dzdicated and the total area of the park propoaal is 49,910, or an excess oE 15,510 >quare feet. He indicated that the City wnnld be buying about one third of the area, Mr. Dropps addresse3 the Council and indicated that the parcel of land that the City had requested was the only flat parcel of land in the plat. Iie explained the elevations of the area to range from 970 feet Co 910 feet. He thought that the only good piece oF property was being taken out by the City and the property left would be very expensive to develop, r77.i [J i J REGULAR COU�VCIL yff'ETING OP FEBRUARY 3, 1975 PAGE 5 He further exalained that the amount for the d�velopment would be divided by the remaining lots and this would cause them to be in the range of $10,00� per lo*. Mr. Dropps indicated he would agree with a paym2nt of $5,000. The City Manager said the plat had been approved last year, He said this was the ssme price as was paid far the land to the east. The City Manager said when the gentleman was offere3 th 3,Jp per square foot, he indicated he did not think this was enou�h so the appraiser was hired to obtain an independent amount. The � City Manager pointe3 out that the appraiser had come up wtth an amount $400 less than what the City had offered. He £urther stated that this is the second phase of the plan that had been discussed and approved the past year, Mayor Nea asked if the plat had been considered to conform to the plans for the piafi of Mr. 0'Bannon and the Puhlic Works Director ssid yes. Councilman Starwalt made the point that he thought the d�velopment of the park property in the middle of the development would make the area more pleasing for the davelopzr, Mr. Dropos again n�ntioned that the best parcel of land was being taken for the park. The City Manager informed the Council that the amount being offered the developer would not be the to*_al price for the piece of property. He mentioned that the City w rnild have to take care of the water, sewer and street assessm�nts on this parczl in the future. He said this ie not the case on the prooerty to the east, The City Manager s�id he felt this to be a fair offer which was higher than the amount indicated as value 6y a qualified appraisor, The City Attorney suggested that if the parties involved do not agre�, this wi11 force the acquisition through condemnation which would be expensive for a11 involve3. He felt at this time, a compromtse shoald be reached because a 1ega1 struggle would be less favorable for Uoth parties. MOTION by Councilman Starwalt to approve the agreement with the insertion oF � $4,800 for the land paqment in excess of the requirement. Seconded bq Council- woman Kukowski. UPON A VOICE VOTL, a11 voting aye, Mayor Ne� 3�c1are3 the motion carried unanimously. RECEIVING TIIE ASINUTES OF Sf� PLAffi4ING_COMMSSSION MEETING OP JANUARY 22L 1975: REQiTr�ST FOR A SPECIAL USE PERMiT� SP �k74`17j. B.Y GEORGE WALQUIST: To p�armit the construction of a building for tust-proofing oF automobiles, etc „ pQr Fridley City Co3e, Section 205.131, (A,10) in an M-1 zotte (Iight industrial areas) to be located on proposed Lot 5�f a propose3 plat, P, S. �k74-08, Herwal Rice Creek Terrace, the s�m� being 1271 Bice Creek Road N,E, The Publir Works Director said there w,ss no Council action necesssry on this item. CONSID�RATION OP A REZONING KE iQJCST. ZOA ��74-05, BY RAO MANUPACTURING COMPANY: To rezone from C-25 (general shoppxng areas) to M-1 (light industrial areas), Lot 3-15, Lor_s 27-32, and part of Lots 2 and 16, all in Block 9; vacated alleys in Block 9, and the �ast half of vacate3 Main Street, lying ad�acant to Block 9, all being in Lowe11 Addition ta Fridley Park, the same being 200 Mississippi Street N.E, This ite:n was continued by the Planning Commission, � CONSIDERATION OF A PROPOSED PLAT, P.S. 4k75-01, CENTRAL VIEW MANOR 2NI7 ADDITION � GUSTAVE DOTY)• � � � Being a replat of Parcel 4780, Section 12, City of Fridley, County of Anoka, Minnesota, generally located betwa�n Central Avenue and Highway ��65 N E., North of 73 1/2 Avenue N.E. MOTION by Councilman Breider to set a Public Hearing on the matter of the consideration of a propo�e3 plat, P. S. ��75-01, Central View Manor 2nd Additioa by W. Gustave Doty for ;faxch 10, 1975. Secooded by Councilwoinan Kukowski. UP01d A VOICE VO�, all voting aye, Mayor Nee declared the motio*� carried unanimously. ; �. REGULAR COUNCIL I�ETING OF FEBRUAAY 3, 1975 CONSIDERATION OF A REZONING R�QUESTj ZOA r'F75-01i CENTAAL AUTO PARTS• PA GE 6 To rezoae from �-23 (general shopping areas) to M-1 (light industrial areas) a11 that part of Parcel 4780, Section 12, City of Fridley, that lies between the Noxtherly extensions of the East and West lines of Lot 10, Block 1, Central View Manor, generally located �ust North of 1201 73 1/2 9venue N.C. � MOTION by Councilman Breider to set the Public Hearing on the rezoning request ZOA �k75-01, Central Auto Parts for March 10, 1975. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST FOR A SPECIAL USE PERMIT SP 4�75-01, CENIRAL AUTO PAATS: Per Fridley City Co3e, Section 205.131, (A,8) to allow �unk yar3s or baling of �unk or rags in a building enclose3 on all sides or when completely enclosed with a solid fence, to be located on that part of 4780, Section 12, City of Fridley, that lies between the Northerly extension of the West 11ne oF Lot 1D and the East l�ne of Lot 16, Bloak 1, Central View Manor, to a11ow expansion of the boundaries of Central Auto Parts, 1201 73 1/2 Avenue N,E The Public Works Director requeste3 that this item be tabled until after the consideration of the rezoning and plat. He explained that the applicant was aware that this w�u1d not be taken care of until after the Public Hearing, MOTION by Councilman Sreider to table the consideration of the the Special Use PermiC for Central Auto Parts, S. P, �k75-01, Secondefl by Cosncilman Starwalt, UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. MOT�ON by Councilman Breider Co receLVe the minutes of the Planning Commission � Meeting of January 22, 1975. Seconde3 b� Councilwoman KuKOwski. UPON A VOICE VOTF,, a11 voting aye, Mayor Nee declared the motion carrxed unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS -➢ESIGN COlVTR4L SUB�OMMIT�E MEETING OF JANUARY 23�1975: EONSEDERATION OF A RESUEST TO CONSTRUCT A NEW SUiLDING TO BE USED AS A WAREHDUSE: LOCATED ON LOTS 16 AND 17, BLOCK 8, ONAWAY• T1� SAME BEING 7791 ELM STREET, FRIDLEY MINNESOTA �REQUEST BY PACO MASONRY CONTRACTORS INC , 592� �VORTH KIRKWOOD LANE, MINNEAPOLIS, MINNESOTA 55442 The Public Works Director explained at the Meeting of January 23, 1975 of the Building Standards Subcommitte°, they recommended approval of the plan with fonr stipulations. Mr. Sobiech read the suggeste3 stipulatioas. The Public Works Director axplained that there is a request for a variance which w�uld be coming up on the agenda a> item number nine in the Boar3 of Appeals Meeting minutes. MOTION by Coancilmaa Breider to table the consid.ration of Yhe building request by Paco 2lasonry for 7791 Elm Street until the consideration oE the variance within the Board of Appeals minutes. Secondzd by Cauncilman Starwalt. UPON A VOICE VO`PS, all voting aye, Mayor Nee 3eclared no[ion carrie3 unanimously � CONSIDERATION OF A RE�UEST TO CONSTRIICT A NEW BUILDING TO B� USED AS A MANUFACTIIRING FACILITY. LOCATED AT 20� MISSISSIPPI STREET N.E (RESUEST BY RAO MANUFACTURING COMPANY, 2D10 NORTH 4TH STR�ET, MINNEAPOLIS, MINNFSOTA) The Public Works Director pointe3 out that there was also a re�uest far rezoning of the property that the proposad building wo�ald be built on and this consideration would be contingent on this aspzct. MOTION by Councilman Breider to table this ite�n until after the consideration of the rezoning. Seeonde9 by Co�ancilman Starwalt. UPON A VOICE VOTH, all voting aye, Mayor Nee d�clare•3 the �notion carried uaanimo�isly. E�� f � ,�. R�GUTAR COUNCIL MGETING Or FEBRUARY 3, 1975 PA GE 7 MOTION by Co,xncilman Breider to receive the Minutes of the Building Standards Design Control Subcommittee of January 23, 1975. Seconde�3 by Councilman Starw.slt. UPON A VOICF VOTL, a11 voting aye, Mayor Nee declare3 the motion carried unanimously. RECEIVING T:� MINUTES Or 'THE BOARD OF APPCALS MCETING OF JANUARY 22, 1975: A RE QJr,ST FOR A VARIANCE OF SECTION 2�5.134�6, FRIDL�Y CITY CODE, TO REDUCE TI� SETBACK BETWEEN THE P�L'�IN STRUCTURE AND A STREET LINE� WF�N ADSACENT TO � ANO'PI�R �`7ING DISTRICT, (ALONG 'THE FRONT LOT LINE) FROM THE RE�UIRED 100 FEET mn 7f1 RP,Fr mn eTTItt.T mAG' rnTTemAiirmTnN nw e MnNiiP,er�miTOrNr uiiTTnTnT(' eNn r.ieRFVnneF TO BF LOCATE� ON LOTS 1 THROUGH 15�AND LOTS 23 THROUGH 32, AND PART OF LOTS 16 AND 27, ALL IN BLOCR 8, LOTS 3 THROUGH 15_AND PART OF ZOTS 2, 16 AND 27 THROJGH 32, ALL iN BLOCK 9, AND THAT PART Or^ BLOCK 7, LYING ADSACENT TO SAID BLOCK 8, AND TiIP� VAC�TSD ALLEYS IN BLOCKS 8 AND 9�AND VACATED MAIN STREET AND VACATED ELM � STREEP, ALL BEING IN LOWELL ADDITION TO FRIDLEY PARK THE SAME BEING 2'JO '-------- — TH STREET, MINNEAPOLIS, MINNESOTA� MOTION by Councilman Breider to table the consideration of the variances as requested RAO Manufacturing Company until the consideration of the rzzoning, Seconded by Councilman Starwalt. UP6N A Vt�ICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FQR VAR7ANCES DF: _SECTION 205.134, 4C The Public Works Director explained that the Board of Appeals had acted to recomm�nd to the Council that three of the four varxances requested by approved and the fourth be denied. The Public Works Director explained the requested variances to be a reduction of from 25 feet to 7,5 feet in the r2ar yar3 setback, which was recommended for approval, secondly, a request for a variance for the reduction from five feet to zero feet of the driveway to the lot line, and the Board of App2als rzcommended denial of this variance. He continsed to explain the third request to be the r2ductioa of the area of the off street parkittg from the tauilding from five feet to zero feet and the fourth to be a request for a reduction of the side yard setback fro-n 35 feet to 33 feet with a maximum of 28 feet. Councilman Brzider asked the Public Works Director to disglay the large plan indicating the development of the entire arza. The Public Works Director said yes and displayed the plan of the area on the easal. Mayor Nee mentioned he read in the minutes that Mr. Plemel, member of the Board of App�als co:nmented tbat the variances should not be granted unless a hardship is determined. He questioned if there was some type of hardship in this cas�. � A reprzsentative of the applicant a3drassed the Council and said the size of � the building was being determined by the slze of the blocks to be use3 in construction, He explained a set number and size would be determined by the number of whole block used, or short blocks wo:eld have to be used which would dacrease the uniformity. The City Manager asked if there were any other buildings which wfluld zstablish the setbacic line on this b1o,:k. The Public Works Director said there is no other construction on this block, The City Manager said if anyone else would com�a in with constructlon plans, they would request the same variances. � � � �ti r� F- �� r yl REGULAR COUNCIL MEETING OF FEBRUARY 3, 1975 PAGE 8 The C�ty Manager suggested the Council approve the variance in setUack on the 78th Street side, dany the variance in the driveway s�t back and also dzny the variance request to eliminate the arza betw�en the parking lot and the building. He indicated this ha3 not been done in this area, and he believed this would set a precedent. Councilman Breider asked if it would be possiUle to decrease the sizz oE the 6uilding from 55 to SD feet. The City Manager said it would be up to the applicant to show the har3ship and again recoaunznded that the Council deny the two variances. He said if there is a problem in reducLng the s1z2 of the building, the anplieant to come back to the Council for fsrther consideration. MOTION by Coancilman Breider to approve the tw� variance requests, to reduce the rear yard fro:n 25 Co 7.5 feet, and also to reduca the sifle yar3 setback L-rom 35 to a �naximum of 28 feet and to deny the requests for the variance in the driveway setback fr�m five to zero feet and also the request for the reduction of the off strzet parking distance from the building fram five feet to zero feet and indicate that the applicant seriously consider a re3uctiov of the building size, seconded by Councilman Starwalt. UPON A VOICE VO'1'�, a11 voting aye, Mayor Nea declared the mution carried unanimously. MOTION by Councilman Breider to take the matter of the consideration of the issuance of the building permit for Che propos.3 constxnction at 7791 Elm Street N,E. £rom table and approve the issuance of the building p�rmit contingent upon the stipulatLOns oF the variances and the recommeaded stipulations of the Building Standards nesign Contral Subcommittee. Seconded Uy Councilman Starwalt. UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the :notion carrie3 unanimously. MOTION by Councilman Starwalt to receive the minutes of the Board of App�als meeting of 7anuary 28, 1975. Seconded by Councilwoman Kuko�aski. UPON A VOICE VOTE, all voting aye, Mayor Nee 3ecl�red the motion carried unanimously. RECEIVING THE MINUTES OP THE PARKS AND RECREATION CO�SION MEETING OF JANUARY 20, 1975: MOTION by Councxlman Breider to rece�.ve Che �ninutes of the Parks and Recreation Commission Meeting of January 20, 1975. Seconde� by Councilman Starwalt. UPON A VOICE VOTE, all voting aye, Mayor Nes dzclare3 the motion carried unanimously. RECEIVINv THE MINUTES OF THE HUMAN RELATIONS C01KiKITTEE MEETING OP JANUARY 20s 1975: MOTION by Couxicilwoman Kukowski to receive the minutes of the Humsn Relations Committee meeting of January 20, 1475. Seco*tde3 by Coancilman Starwalt. UPON A VOICF VOTE, a11 voting aye, Mayor Nee dzclare3 the motioa carrLed unanimously. RECEIVING TF� MZNUTCS OF THE FRIDLEY CITIZEN BIKErdAY C01N�itITTc^E N➢:ETING OF JANUARY 22� 1975: �� � MOTION by Councilman Starwalt to receive the mtnutes of the Bikeway Conunittee meeting of .7anuary 22, 1975. Second�2d by Councilwoman Kukowski. UPOIQ A VOICE VOTCa all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF ISLANDS OF 2EACE POUIVDATION REQTSEST TD SE3B�E5 FOR IMPROVEMENTS AND MODIFICATIONS TO THE FACILITIES ON Ti3E ISLAND3 OP PEACE� NLr. Ed �Tilmes ad3ressed the Council and indic�te3 that Council anproval for the military units �naking modifications on the Islands of Peace must be glven in a3vance to a11o�.a for scheduling of the upcoming projects. The Public Works Director explaine3 the items for consideration in the modifLCation proposal. ( 1 �✓i � \ y REGULAR C'JUtQCIL MEETING OP' FEERUARY 3, 1975 Mayor Nee asked if there were some detailed plans of the grad�s Dir2ctor ssid these w�u1d be submitted to the Parks Department, PAGE 9 The Public Works The City Manager ssid at the przsent timz the Co�ancil would only be giving concept approval for the military units to plan the work schedule for the summer months. He ssid detailed plans •aould have to be reviewed because of the vegetatzon that may be disturbed and the number of tress that would have to be taken out. Mr. Andy Kohlan, Attorney for the Foundation for the Islands oP Peace, a3dressed the Council and indicatzd that the detailed plans would have to he drawn by their archi[ect, but they were requesting conczpt approval of the Council at the present time. He said the consideration and appro✓al of the spacific plans could be done at a later date. MOTION by Councilwo�nsn Kukawski to approve the concept of the modification of the Islands of Peace by military units as requested and outlined in the letter from the Foundation of the Islands of Peace, with the final approval on the specific plans to be reviewz3 be£ora the wo.-k commences. Seaonde3 by Councilman Breider, UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously, Sane 3isaussion folloae3 conc2rning the maintenance agreement with the City of Fridley for Hayes RLVer Lots. Mayor Nee advise3 Mr. Wilm��s that if he wished this maintenance agreement to be changed in anyway, he should present this information in a regularly scheduled agenda item. CONSIDEAATION OF ACTIVATION OF CATV GOVERNMCNT CHANNEL; ' The City Manager explaine3 the proposal to be that information would be submitte3 in fors of a roll up bulletin �oar3 and prasented on a government channel. He � said it waild be p�ssible to przsent public notices, etc. He said if the Council so d,esirzs, this program can oe initiated with the onlq expanse to the City being the staff coaunittment to prepare the m.atPrial snd have a typist prepare the copy at the General Television studios. The City Manager s�id there may be other activities available on this government access station, but this ,aould not be for some time. Mayor ;Iee ssid the channel which would be used currently has color bars and music presente3. He said the City would be able to �ise this channel for public inform�tion. MOTION by Councilman Starwalt to anprave the activation of the Catv Government Channel and engage in the presentation of public information, Seconded by Councilwoman Kukowski. Councilman Breider note3 that as long as Mr. Peter Herlofsky, Administrative Assistant had been taking care of the public information in the Newsletter, he would be the one to take carz of the preparxng of the information for br�adcssting. UPON A VOICE Vt�TE, all votxn� aye, Mayor ?Vee detlare3 the motion carried unanimously, RLSOLUTION NO 13-1975 - A RESOLUTION OF INTENT itEGAR➢ING INDUSTRIAL REVENilE BONllS: Mayor Nee said he had talked to Mr. Ehlers who indicate3 that the �ity should include some language in the resolution for a fee to take �are of the 1ega1 and fiscal szrvices which wosld be reimbursad if the bond issue is aoproved, but would allow for the �ity's =xp°nses to be p3id in the casa of failure of the proposal or ssle. Mr. Segar Swanson, Ehlers �nd Associates, ad3resse3 the council and indicate3 this provision could be called a fleposit, Mayor Nee ssid this deposit would cover the costs if the bond issue is not accomo3ate3 by the Council. � �y REGULAR COIINCIL MEE'YING OF F�&RUARY 3, 1975 PA GE 10 MaYor Nee continued to explain that work would be 3one by the City Attorney and Yhe Fiscal �onsultant and the City cosld deny the issue and be able to cover these costs. The City Attorney said he had no pxoblem with the [hought, but questioned if this should he placed in the resolution. He indicatad Chat the City Coincil could establish a policy to not consider the issuance uatil an agreement for � this type of deposit is obtained from the applicant. He also mentioned the amount may difFer in each case dzpanding on the amount of work done by the applicants attorney and what the City Attorney would have to 30, He also mentxoned he did not think the deposit should be so high as to discourage applications. Mayor Nee asked if in the last c�nsidexation for the issuance of Industzial Revenue Sonds, thera was �aork done by the City AtCorney and Financial Consultant. Mr. Swans�n ssid their firm had worked with another municipality and the cost was approximately $2,QOQ. Mayor Nee questioned if this language should be included in the resolution. The �City Manager said this would be up to the discretion of the Council. Counc�lman Starwalt said he could sea thati there may be som,= problem in this. MOTION by Councilman Starwalt Co direct the City Manager to meet with the Cxty's legal Counsel and work out suiCable �,�or3age either s�parate or included in the resolution of intent stating the City wi11 require certaln deposits for in house costs until the bonds sre issued. Councilman P,reider sa�d he did not believe this should be included in the resolution, Mayor .Tee satid at some point the authority to mske the claim would have to be given. He hop�3 the �ity Manager wau13 not �ust say give the City a certain amount of money and this would be done. Councilman Breider said he thought the dollar amount should be defined a l�_ttle betYer. The City Maaager said the City would only chaxge for those costs incurrzd, � MOTION by Councilman Starwslt to adopt Resolution No. 14-1975, a resolution of intent 'cegarding industrial Revenue Bonds. Secondzd by Councilma❑ Breider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NQ 14-1975 - A RESOLUTION REFUNDING SPCCIAL A55ESSP�NTS BONDS OP 1970 AND WATERWORKS REVENUE BONDS OF 1970: � ^ The Finance Director explained that two bond issues would be refunded, the Water Works Revenue Bonds of 1970 and the Special Assessments Bonds of 1970. He explained that this was being done because of the change in lnterest rates. He said he felt the City could handle the accelerated paymznt. Also, he indicate3 this would be a$68,000 savin�s to the City. He recommende3 that ehe Council choose this paym�nt sche3ule. Mr. Swanson addressed the Council and summarized the previous action of the �ouncil concerning this matter and also the facr that First Natsonal Bank of St, Pau1 would take care of the costs of the issue. Mr. Swsnson recommended that the bonds be bid on February 25, 1975. Mr, Swanson further pointed ost that he had done some additional work on the proposed refunding bonds and indicated the savings would be $84,235. Mr. Swanson indicated that the resolution presented for Council consideration liste3 the advantages of the issue to the City and w�u1d authorize the date of � February 25, 1975. Also, the r2solution would authoriz2 the sale notice, He explained that the Couacil would not have to be pres�nt for the bid opening, but they would hop: the Council would meet that avening and make recommend3tions to accept or re�ect the bid, Mr. Swanson also indicated that in Yhis proc2ss, a new rating woald be sought which would be paid for by the First National Bank, CounciLman Bxeidex questioned if this was the Uest tim,� to refund the bonds. He asked if the City waited a longer time, w�uld this provide a larger s3vings, Mr. Swsnson said the longer the wait, ehe less the savings wi11 be for the City, He ;aid if the bonds had heen rzfunded ten months ago, this would have been a greater savings to the C1ty. � r;�L � 7.3 REGULAR COUNCIL MEETING OF FESRUARY 3, 1975 PAGE 11 Coancilman Breider asked if once the bonds sre advanced, could this be done again. Mx. Swanson said the call date would be the same. Mr. Swanson said the action of the Council at this time should be to adopt the resolution and also authorize Moo3ys to obtain a municipal bottd rating, MOTION by Councilman Starwalt to a3opt Resolution No. 1+-1975 concerning the refunding Spzcial Assessment Bonds of 1970 and �aterworks Revenue Bonds of 1970 Seconded by Conncilman Breider. IIPON A ROLL CALL VOTE, Councilwoman Kukowski voting aye, Councilman Hreider voting aye, CounciZm3n Starwalt voting sye, and Mayor Nee voting aye, Mayor Nee 3eclarad the motion carried unanimously. MOTION by Councilman Starwalt to authorize the City Manager and Finance Director to sign the agreement :aith Moodys Investers Service, Inc., 99 Church St., New York, for a new municipal rating. Seconde3 by Councilwo�nan Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nea declared the motion carried unanimously. CONSIt�CRATION OF NOTICE OF CITY SPECIAL �LEC'PION (MARCH 25 1975 : AND CONSIDERATION OF BALLOT PAGES FOR TI-I� nfARCH 25i_1975 ELECTION ONE EALLOT FOR ABSENTEE BALLO'PS AND ONE IS THE bALLdT PAGE IN THE VOT6MATIC MACHINES:) AND —~ �� ` � RESOLUTION N0. 15-1975 - A RFSOLUTION ilESIGNATTNG POLLING PLACES AND APPOINTING ELECPION NDGPS FOR THE MARCH 25, 1975 SPEC7AL ELEC'PION; Councilman Breid2r asked if this was the only question to be put on the ballot for this election. He mentioned that they had talked about ad3ing additional questions. The City Manager s3id the Charter Commission has not met or submitted any itams. The Finance Director ssid he had talke� :aith Mr. Sherid�n and pres�nt2y dfd not know when or if any items would be coming in, He indicated Mr. Sheridan had said he planned to have a�e�ting of the Charter Commission, but he did not know when the meeting would be. He indicated if ad3itional items are submitted, they catt be a3ded to the notice. He said he would hold the notice as long as possible. Councilman Breider asked if the City Council would have to approve the notice for the eiection. The City Attorney said the Charter Commission has the right to put questions on the ballot, He said he did not know if the City Council would have to approve the ballot. MOTION by Councilman Starwalt to authoriza notice of the City Speczal Erectiun to be published on March Sth and Marrh 12, 1975. Seconded by Councilwaman Kukow;ki. IIPON A VOICT' VO`PE, a11 voting aye, Plaqor Nee declared the motion carrie3 unanimo�isly. MOTION bp Co�incilman Starwalt to approve the ballot pages for the March 25, 1975 Spe..ia1 Election. Seconded by Councilwoman Kukowski. UPON A VOICE VOTP,, a11 voting aye, Mayor Nee declared the motioa carried unanimously. � , M9TION vy Councilman Starwalt to adopt Resolutiol No, 15-1975 designating polling piaces and appointing election �udges for the Mareh 25, 1975 sp:cial election, Seconded by Councilwoman Kukowski. � UPON A VOICE VOTE, a11 voting aye, Mayor Nee fleclare3 the motion catried unanimously. Councilw�man Kukowski asked what happened to the material that was to be submitte3 on the criteria for election �udges. The City Attorney said it had not be°n co�npleted. � � , `�� ; F REGULAR COUNCIL MLETING OT F�BRUARY 3, 1975 PAG� 12 RESOLUTION N0. 16-1975 - A RESOLUTIOIJ FOR SUPPORT OF POLICE SEI.�CTION STANDARDS STUDY OF THC MLTROPOLITAN AREA MANAGEI�NT ASSOC7ATION• ��� MOTION by Councilman Breider to noncur and adopt Resolution No. 16-1975 for supp�rt oP Police Selection standar3s study oF the Metropolitan Area '�Ianagerent Association, Seconde3 by Councilman Starw-slt, UPON A VOIC� VO'i'E, a11 voting aye, Mayor Ne� 3eclared the motion carried unanimonsly. 17-19 AND OP TEMPOAARY IMPROVEI�PNT BONDS IIQ JITARY SEWER AND STORM SEWER IMPR�VEMENT MOTION by Councilman Breider to adopt Resolution �Vo. 17-1975 Jirerting the issuance oE temporary improvement bonds in aceordsnce with La�aa of 1957, Chapter 3$5 (Sanitary Sew��r and Storm Se,aer Improvement Pro�ect No, 113). Sec3nded by Councilman Starwalt. UPON A VOICF VOTE, all voting aye, Mayor Ne� 3zrlare3 the mo*_ion carrie3 unanimously. MOTION by Councilman Breader to a3opt �esolution Ido, 18-1975, dire=ting the s31e and osrchase of temporary improve,rent bonds in accordance aith Laws of 1957, Chapter 3S5 (Sanitary Sewex and Storm Se,aer Improvement Pro�ect No. 113). Seconded by Councilman Starw�3lt. UPON A VOICE VOTC, all voting aye, Mayor Nee 3eclared the motion carrie3 ananimously. [tE3 AND TEMPORARY IMPROVEMENT MOTION by Cpuncilman Starwalt to a3opt Resolution 1Vo, 19-1975 directing the issuance oF Temporary Improvement Bonds in accordance with laws of 1957, Chapter 385 (Sanitary Se�a-ar and Water Improve!nent Pro�ect No. 116). Secande3 by Councilworan Kukowaki. UPON A VOICE VOTE, all voting aye, Mayor �Ies declared the notion caxried unanimnusly. MO'PTON by Cosncilman Starw+�1C to adopt Resolution No. 20-1975 3irecting the ssle and purchas2 of Te;npr�rary Improvement Bonds in accordsnce �aith Law; of 1975, Chapter 385 (Sanitary Sev��ar, Storm Sewer and �aater Imnroaement Project No. 116). Seconde3 by Councilwoman Kukowski. UPON A VOICE VOTE, a11 voting aye, Mayor Nee 3eclared the motion carried unanimously. R�SOLUTZON N0. 21-1975 - APPROVING CONTINIIGD JOINT REPRESENTATTOld IN REGARD TO TEAMSTF.RS LOCAL 320: � ���! MQTION by Councilman Breider to a3opt Resolution 1Qo, 21-1975, aaproving continued �oint repres_ntation in regard to Teamsters Loca1 32�. Seconde3 bq Councilman Starwalt. UPON A VOICE VOTE, a11 voting aye, Mayor Nee declare3 the motion carrie3 unanim�usly. RPCEIVING RESIGNATION FROM DONALD 0. N�LSON EROM BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE; � � ��� MOTION by Councilman Breider to receive the resignation from Mr. Donald a. Nelsoa from the Building Standards - Design Control Subcommittea, Seconded by Councilman StarwalY. UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion carried unanimr�asly. i i�� REGUL[�R COUIQCIL NLETIN3 OF FEBRUARY 3, 1975 CONSIDERATION OF FILLINv THC CITY CO1JIdCIL VACANCY IN WARD THREE: PAGE 13 Mayor Nee s3id he had prepared a propasal for the appointment and this wnuld be one way to go. He ssid currently they were fa�ing a question of procedurz. He said he would like some indicatiun from .he Council on how to proceed snd whether or not they would like to take action on the��?'atthe, current meeting. He explained he had been through the aapointive pr�cess twice before and both tim�s he was not happy and this is why he ha3 tried to suggest som� alternative other than �ust nosinating a candidate. H� said if the Council could not reach agree- ment, this question �o+sld be presented in a,special election. Councilman Starwalt s3id he had been over the proposal very carefully and said it would be one way in which the Council could aopoint someone with a unanrmous vote. Co�incilman Starwalt said he had no quarrel with the appointive process. He mentioned there �sy be some changes down the road. He asked if xnstead of sug;esting thre� possiblecandidates, co�ald they limit this to two. Councilman Starwalt c�ntinued to explain that he had pondered the situation long and care- fully. He s3id this is a unique situation when he happene�3 to be the only one of the opposite party, not that politicsl parties should be a consideration, He said he w3s prepare3 to nominate one of the six persons in the opposite political party with good and justifable rzasoas. He s�id he wo�ald be prepare3 snd would atte�npt to 3irectly nominate a candidate, MOT_ION by Councilman Starwalt to no.ninate �Ir, Edward Fitzpatrick to fill the vacant poaition in Ward Thre�, Secanded by Councilwoman Kuko��aski. Councilman Braider s.sid he was very please with the pablic hearing of the previous ;aeek. He said it is very diffic�lt t� say if one person is better suite3 than another since they had all contributed much to their community, He thought the thir3 �aard coil�l be very proud to have this many and this kind of people willing to volunte�r to serve their community. U�ON A ROLL CALL VOTE, Councilmaa Starwalt vo_ing aye, Mayor Nee abstaining, Councilwoman Kukowski voting aye, and Councilman Breider voting aye, Mayor Ne� declared the m�tioa carried thr2� ayes and r�ne abstention, CLALMS • GENERAL 38643 - 35849 LIQUOZ 9537 - 9572 Mt7TI0N By Councilman Starwalt to apprave the Claims. Seconda3 by Councilwoman Kukow�ki. UPON A VOICE VOTF,, all voting aye, Mayor Nee declarad the motion carried unanimously. LICENSES; GENERAL CONTRACTORS Ted Matushak Construction 1656 - 29th Avenue N W. New 3righton, Minneso*_a 55112 � a TIN� By: Te3 :latushak Allan Reating & Air Conditioning Inc. 520� Edan Circle Edina, Minnesota 55436 By: W.C. Viebahn Rother Plumbing Inc. Route ��3 Osseo, Minnesora 55369 APPROVED BY C. Belisle W. Sandin By: Te� Rother W. Sandin MOTION by Councilman Starwalt to appr�ve the licenses. Seconde3 by Councilwoman Kukowski. UPON A VOICP VO'TE, all voting aye, Mayor Nea declared the motion carried unanimously. � u 1 � � � � �� .. t ,� BEGOLAR COUNCIL N➢3ETING OF FEBRUARY 3, 1975 COMMiTNICATI0N5 : MAYOR NEE: CATV FEE INSTALLATION PERIOD EXTENTION: PAGE 14 Mayor Nee exalaine�3 that he had out this item on the agenda because General Television was not able to install servica to all the p�ople they had wishe3 to during the introductory period, He explained that they had agread to zx*_end this frae installation period. Mayor Ne� requested that the members oF the Council concux in this extention, MOTION by Councilman Breider to concur in the extentioa oF the frea Znsrallation pexio3 by General Televlsion, Seconde3 by Councilwoman Kukowski. UPON A VOICE VOTE, a11 voting aye, Mayor Nee 3e�lared the mntion carried unanimuusly. COMSTOCK AND DAVIS, INC SANITARY SEWER, WAT::R AND STORM SEWER PROJECT NO 114, A. J. CHROMY CDNSTRUCTION;� The City Manager eKplained that some portLOns of the pro�ect had nut been completed and the contractor was being notifie3 to proceed with this work or the City would co2txact for another contractor to get the woxk doze. MOTION by Councilman Starwalt to receiVe the co.nmunication from Comsto�k and Davis and authori2e the sending of the notificaClon lettex, Seconded by Council- w�inan Kuk�wski. UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motioa carried unanimously. MOTION by Councilman Starwalt to authorizz giving the notice to A. J Chromy construction to start woxk immediately and if this work is not done that the City would go out and contract for another firm to do the work. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, a11 voting aye, Mayor Nee declarad the motion carried unanimo�isly. ADMINISTRATION OF OATH OP OFEICE TO EDSdARD EITZPATRICK� COUVCILMAN THIRD WARD: The Financs Director administerzd the Oath of OFfice to Councilman Frtzpatrick and Mr. Fltzpatxick sign the oath. Mr. Eitzpatrick receive3 cottgxatulations from the nembers of the �ouncil and audience. ADJOURNMENT : MOTION by Counc7.lwnm,3n Kukowski to adjourn the seeting, Seconde3 by Councilman Breider, UPON A VOICE VOTE, a11 voting aye� Mayor Nee deelared the mution carried unanimously and the Regular Me2Cing of the Fridley City Council of February 3, 1975 a3�ouxned �t 10:50 P M. Respectfully submitted, V �� _ Pat Ranstrom 3ecretary to the City Council �?/ay�s" ^ Date Approved w�� �- William J. Ne= Mayor