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04/07/1975 - 00015409� � � ll� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 7, 1975 The Regular Meeting of the Fridley City Council of April 7, 1975 was called to order at 7•30 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee welcomed those present and invited them to ,7oin tfie Council in saying the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRES�NT MEMBERS ABSENT: Councilman Fitzpatr�ck, Ma,yor Nee, Councilwoman Kukowski, Councilman Breider, and Councilman Starwalt. None. PRESENTATION OF ECOLOGY FLAG: PRESENTATION 6Y DAN ROUSE FQR THE FRIDLEY SEf�IQR HIGH SCHOOL EARTH WEEK COMMITTEE Mr. Dan Rouse appeared before the Council and explained that the Flag had been stolen that day from the display case in ttie School. Mayor Nee thanked Mr. Rouse on behalf of the Cc�uncil for the Corrnm ttee's efforts in the presentation. PROCLAMATION: PROCLANIING MAY 10, 1975 "FIRE SERVICE RECOGNI�fIOh! DAY" Mayor Nee read the proclamation aloud to the members of the Council and audience APrROUAL OF MINUTES. REGULAR MEETING OF FEBRUARY 24, 1975: MOTION by Councilman Starwalt to adopt the Minutes of the Regular Meeting o� the �ridley City Council of February 24, 1975 as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. SPECIAL M[CTING. FEBRUARY 25. 1975: MOTION by Councilwoman Kukowski to adopt the Minutes of the Special Meeting of the Fridley City Council of February 25, 1975. Seconded by Councilman Starv�alt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF MARCH 3, 1975: MOTION by Councilman Starwalt to adopt the Minutes of the Regular Meeting o` the Fridley City Council of March 3, 1975 as presented. Seconded 6y Councilwoman Kukowski. Upon a vo�ce vote, all votin9 aye, Mayor Nee declared the motion carried iananimously. PUBLIC HEARING OF MARCH 10. 1 MOTION by Councilman Breider to adopt the Minutes of the Public fiearing Meeting of the Fridley City Council of March 1D, 1975 as submitted. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ADOPTION OF AGENDA: Mayor Nee said he would like to make an addition to the Council agen�a relating to the Fiscal Disparities Law and the Council's position on t M s law. Mayor Nee said he had 6een invited to make a statement concerning this law the following day and he would feel better in making this statement if he had the back�ng of the `ull Council. MOTION by Councilman Fitzpatrick to adopt the agenda as amended with the addition of the item on Fiscal Disparities. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee pointed out that there is a Counctl Agenda Book available in the Library and also at t.he meetin9 on the podium for public reference. OPEN FORUM: VISITORS MR. DENNIS SCHNEIDER, 6190 STINSON BOULEVARD N. E., REQUEST FOR ACTION ON LATE MEETINGS: i�� i� i REGULAR MEETING OF APRIL 7, 1975 PAGE 2 Mr. 5chneider addressed the Council and indicated he had some suggestions for the method of conducting the public hear�ngs. He indicated he had been present for the last two public hearing meetings of the Council and they had lasted past 12:00 midnight. Mr. Schneider felt these meetings are lasting too long and said this discourages people from participating in government. He recommended that the staff consider this past experience and limit the agenda on those nights. He thought the additional items could be taken care of at a special meeting or on another agenda. He also suggested that the sudience he polled to determine how many people are present for certain items , and that the Council take care of those first if there are many people present. He also recomnended that a time limit be set for discussion of each item. Mr. Schneider said many people hire baby sitters and there item may not be discussed until after 11:30 P.M. Mr. Schneider asked the Council to give some direction to the staff on how to handle this type of situation. MR. �ENNIS SCHNEI�ER, 6190 STINSON BOULEVARD, REOUEST TO RECEIUE COUNCIL MINUTES: Mr. Schneider asked the City Manager why the City did not have a policy where all Council minutes could be obtained from the City. He said he had requested this from the City Manager's Secretary He said he had requested the minutes of the past several Council meetings and had offered to pay for these minutes. He questioned if there could be a method where the minut,es could be bought on a weekly basis. The City Manager responded that if the citizen would want to pay for the copies of the minutes and they are adopted Council Minutes, they could receive them. He nonted out that the minutes are not official minutes until they have been adopted by the Council. He said these adopted minutes would be given to any citizen who wants to pay the costs after they are adopted. The City Manager said there is a cost involved for all documents Mr Schneider asked if the minutes could be mailed if the costs were paid by the citizen Councilman Starwalt said that the cost figures could be obtained and the Council could be notified of this at the follow�ng week's meeting. Mr. Schneider commented that he did not know the reason for the stipulation that only adopted minutes could 6e given out. He mentioned that the meetings are open meetings and the tape recording of the meetings would be available to the citizens to listen to. Mr. Schneider mentioned that if an appeal was to be filed in opposition to the improvements discussed at the past month's meetings, this would have to have been filed the previous day. fle mentioned that he had been told that it would be possible for him to listen to the tape, but not to have a copy of the unadopted minutes. Mr. Schneider said there should be some way for the public to receive this information He questioned if the unofficial minutes could be red stamped "Unofficial Document" The City Manager potnt€d out that the minutes taken by the Secretary are an unofficial document He indicated that there could be legal problems if the minutes presented to the Council and public are not appropriate for adoption. He mentioned after the minutes are given out, it would be very difficult to get them back for corrections. He said the Council should be allowed this protection, but once they adopt the m�nutes, they are a public document. The City Manager said the minutes are not verbatum, they are a summary of the important action taken at the meetings. He indicated the minutes should naot become public before the Council approves them. The City Manager called on the City Attorney for his comments on this request. The City Attorney said the type of minutes from the Council meetinn are not verbatum, they are the Secretary's summary and editing of what has�happened at the meeting. He said this would be dangerous if the minutes were allowed to be public before their adoption because the remarks within their content may not be what the Council intended to say. He mentioned �t would be�feasible to listen to the tape of the meeting because this is verbatum, but the minutes are not �rerbatum and they may not reflect what was said before adoption. Mr. Schneider asked if a disclaimer was used in conjunction to the giving out of unadopted m�nutes, would this be feasible? Councilman Starwalt said he believed that something could be worked out with the Administration on this request. ' � ' �J �� REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 3 MR. LAWRENCE TOSTENSON, 704 63RD AUENUE P! E., REQUEST FOR CITY TO WAIVE FINAL WATER BILL NOT PAID BY PREVIOUS O41NER: Mr. Tostenson addressed the Council and explained that he was told by the Water Billing Department at the City that he would have to pay the final water bill left by the former owner of his home, or the balance due would be placed on the deltnquent list and placed on the tax statement. Councilman Starwalt said being this was not a regular agenda item, there was not additional information ava�lable to the Council and he called on the City Attorney for counsel in the matter. Councilman Starwalt said he thought the Counc�l should not take any action on the request until the staff had revtewed the matter and made a recommenda- tion to the Council. The City Attorney indicated that the citizen had contacted him and he had suggested that he etther write a letter to the Council or appear at the Counctl meetinq to explain the problem to the Council. He said it is the pol�cy of the City at the present time that the unpaid water bill would become a lien on the property. He said the Admim stration could not waive this provision without Council approval. The City Attorney said th�s bill was due 6efore the man bought the house and did not show up in the title search. He again pointed out that he had recommended that the man appear before the Council and state his case. Mr. Tostenson explained that he had moved to Fridley and his wife had come to City Hall and paid the deposit on the water meter. He indicated that at this time, his wife was not told that there was a former bill or a lien on the property for the water bill in the amount of $76. He said he thought he should have heen told at this time that there was a 6i11 against the property or the meter. He said when the title was searched, it came through never stating tnis. Mr. Tostenson explained how the City Attorney had tried to collect the bill from the former owner of the property He questioned why the City would give out a water meter for an address with a$100 bill against it. Councilman Starwalt mentioned that the item was not a regular agenda �tem. He indicated he thought it would be more appropriate if the item could be brought back at another time when it would be appropriate to dispose of it He sa�d he would agree with Mr. Tostenson that this policy is unfair and would need some revistng. The City Attorney explained that the City was previded a,7udgement in conciliatton court and the former owner was to pay the claim. He further explained that the former owner did not appear at this court hearing and had not paid the claim. Mr. Herrick further explained that if the City did receive the money, this would be taken care of. The City Attorney said tf the Council were to take action on the matter, this would be to direct the Administration to not place the lien on the property. Mayor Nee said he felt the lien would be unfair if this had not been certified at the time of the title search. MOTION by Councilman Starwalt to have the staff review the matter and hopefully establish a policy which would be a corrective measure for the solution of this situation and reconanend settlement of the claim in this and future related matters Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , MRS. HELEN TREUENFELS, 546D 7TH ST. N. E., PRESENTATION DF 6ICCNTENNIAL MATERIAL TD COUNCIL: Mrs. Treuenfels said she was asked to present a packet of material to the Council from the Minnesota Bicentennial for the coming year. Mayor Nee asked Mrs. Treuenfels if the City Attorney had been in contact with her concerning the request for some guildelines fer election ,7udges. Mayor Nee said the Council had trouble working on this and had directed the City Attorney to contact her concerning this. Mrs. Treuenfels said she had not talked to the City Attorney and reafftrmed her feeling that she would like some guildelines established. Mayor Nee said when the Council had talked about this, it became more and more difficult to ascertain the criteria �8 REGULAR COUNCIL MEETING OF APRIL 7, 1975 OLD BUSINESS• PAGE 4 CONSIDERATION OF AN ORDINAPlCE AMENDING CITY CODE REGARDING COMMITTEES AND COMMISSIONS: Mayor Nee indicated that he had received a request from the Frtdley Chamber of Commerce and they wanted to look into the material. Ne said there may be other organizations within the City who would also like to review the material and comment before the Council would take any action. P1ayor Nee pointed out that �ere is a rather extensive ' revision of the Planning Commission recommended. He said a draft of the proposal would be available to those wishing a copy. Mayor Nee questioned if it would be possible to create an ad hoc committee within the Environmental Quality Co�m ssion as there had been provisions laid out within the other Subcommittees. Counciiman Fitzpatrick said that this is listed within the diagram but not within the ordinance on this section. The City Manager pointed out on Page 1-H that this is one of the basic things provided for all of the sub- committees. He said this is also shown on the chart that nad been prepared. Mayor Nee asked if the draft expressed the Council's thtnk7ng. Councilwoman Kukowski questioned the provision that the Plann�ng Commission will make recommendations to the Council through the City Manager. 5he questioned what would happen to the power of the Pianning Commission. The City Manager explained that these provisions are laid out quite well within the div7sion of the proposal, "Scope". He mentioned all the areas of the Plamm �g Corrrnission's activ�ties regarding zo m ng, etc are laid out and the Planning Commission will make recommendations to the Counci7. Ne said "Scope" would indicate what the activities really are. Councilman 5tarwalt said he agreed with the proposal as it had been laid out. He recalled that most of the items that had been discussed two weeks previously at the conference meeting had been included in the draft. He said he did not feeT the draft was perfect, but a step in the right direction. Councilman Starwalt questioned the proposal of Mr. Ed Dunn for rev7ew of the proposed � ordinance and asked what the time frame on the appointments to the various committees would be. He said he thought this ordinance should be taken care of as soon as poss�ble. Mayor Nee said he believed that the Council could have the first reading of the ordinance at the present time and take final action on the ordinance at the first meeting in May and make any rev�sions necessary at that time. He said this could be done as soon as the Council would receive some play back from the various service organizations in the City. He said he would think that they would have to be given one month or, at least two weeks to respond. Councilman Starwalt said some time back, the Counc�l had indtcated that the appoint- ments should be made effective some t�me in Aprtl. He said this would be an additional month if the ordinance was delayed until May. He also mentioned that the two weeks for discussion seemed too short a time. Mayor Nee said if the material is to be sent to the Char��ber of Commerce, it would have to be sent to other groups 1n the City. Counc�lwoman Kukowski questioned sending the entire proposal. She mentioned that this would be quite expensive and asked if a letter could be sent asking the various groups if they would like to review the entire proposal. After this time, the proposal could be sent to just those interested in reviewing it. P�ayor PJee asked if this proposal would include the proposed ordinance and also the diagrams. Councilwoman Kukowski � said she believed th�t this would be too much to send out. She mentioned that if ten proposals were sent eTght of those groups would not be interested in reviewing the material. She again suggested that a letter be sent indicating that the material is available and direct those interested to stop by and pick it up. Councilman Breider sa�d he 6elieved that the ord�nance is repetit�ous in many areas and asked if those prov�sions repeated could 6e listed on one page of the ordinance and summarized rather than listed over and over again. Councilman Fitzpatrick asked if there would have to be a public hearing before action on the ordinance. He said the public could be given this information if there would have to be a hearing. Councilman Breider said he would like to hear the suggest�ons of the people interested in the ordinance. b� REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 5 Councilwoman Kukowski said the groups really should indicate that they are interested before the copies are 9iven out Mayor Nee sa�d copies of the complete proposal should be sent to the Chamber of Commerce, the League of Woman Voters and he questioned if the Fridley DFL and GOP would like to receive copies of the entire proposal. Mr. Dennis Schneider, Chairman � of the Fridley �FL said he would like a copy of the proposal Mr. R�chard Harris, 6200 Riverview Terrace, asked if the mailinq would include copies of what the ordinance currently states. Mayor Nee said th�s was a part of the Council agenda on Page 1-A. Mrs. Lee Ann Sporre, �Ol Ironton, asked if the Subcommittees can �nitiate studies on their own. Mayor Nee said they do this at the present �ime. Councilman Breider said they may start the studies on their own or at the direction of the City Council. He said in the future they would be able to start studies on their own Mayor Nee sa�d he hoped the committees would be set up with each member of the Committee as a suhchairman of a committee He used the Environmenta1 Quality Commission as an example and said there could be several subchairmen for Air, Water, etc. He said in addit�on to this, there could be other committees set up to relate to other concerns within the City. Mrs. Sporre commented that currently the Environmental Quality Commission is �n a ma�n line to make recommendations to the Council She asked if th�s would st�ll be the case �f the Commission was a Subcommittee of the Planning Commission Mayor Nee sa�d the information from the Environmental Quality Commission would be channeled to the Counctl throu9h the Planning Comm�ssion. The City Manager said the preposal indicated and summarized four hours of discussion between the Council and various members of the community at a conference meeting some � weeks previously. The City Manager said the proposal would create five member commissions of the Planning Corrnmssion which wou7d be related to fzve concerns in present day Fr�dley. Ne said there would be two objectives of the member commissions, one, to establish the goals and policies of the commission and secondly to rev2ew the implementation of the goals and framework of the policies. The City Manager satd the concerns would be passed on to the member commiss�ons through the Administration, Planning Commission or Council. The City Manager believed the Community Development Commission will need to address the housin9 problem. He said the Plannin9 Commission could initiate such a study and policies could be recommended by this corrmission. He said if there is a need for public input the commission can establish their own committees from the citizens and the number of participants would not be limited. He said the commission would make recommendations to the Plann�ng Commission. He said the Council could direct the Administratton to provide staff help in certain areas being studied by the cott�m ssions. He said after the var�ous mernber commissions review the item, the Plamm �g Commiss�on could discuss the various implications and proposals from all sides. He said after the policy is established and set by the Council, the Commissions can review those individusl requests as they relate to the establtshed poltcy. He said those commissions who fermulate the policy should review the requests as they relate to the policy. He said there would be two steps, planning and implementation. He said each matter would be reviewed 6y the commission and they would have a direct line to the C�uncil. �Ne said if each request is directed to the Ceuncil according to the policy established, there would 6e no need for the Council to go over the details of the plan a second time. � The City Manager referred to the Quilding Code and said the City had established their Building Code before the State had establ�shed their guidelines. He indicated there should be some firm guildelines for the Administration to advise the developers in the City He said this would stream line the process if the basic goals were to be established and this would enable the plans to all work together. He said this would establish a four way partnership with the citizens, Council,Commissions and Staff. Mayor Nee suggested that the Council set a public hearing for the first or second meeting in May. Councilman Fitzpatrick said he would like to have some way of letting more people know about �he proposal. Fle said he would not want to limit the participation to just several organizations because they may be present at a meetin� He suggested that notification be placed in the newspaper and on the cable television system. Ne mentioned if the Council is going to have a hearing, j�,e people of the City should be notified. �'i� REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 6 Mayc.° Nee said there would have to be a hearing notice published in the nevaspaper Councilman Fztzpatrick said they had talt:ed about four organizations and some may not know that it would be discussed. Councilman Starwalt said he agreed with Councilman Fitzpatrick. He recalled earlier in the meeting he had talked 1n favor of a shorter time limit to make 1t possible to make ap�:ointments, but thought that these could be delayed to receive the public input. He said he thought that revision of the structure would be more important at this time and the appointments should not be made until after this time. Councilman Starwalt felt it would ba appropriate to set a public hearing for the second meeting ' in May. Councilwoman Kukowsk� said the letters should be sent, not all the material. She continued to state that the people could 6e offered the opportunity to p�ck up the information. Counc�lman Fitzpatrick said there is a mailtng list of the various service organizations within the City. Mayor Nee agreed that �t would be sent to those who request it. MOTION by Cou,n�ilman Fitzpatrick to send letters of not�fication no the proposed ordinance changes to the service organizations in the City and that the whole proposal be sent to those mentioned within the discussion and that a public hearing be set for the second meeting in May, May 72th, 1975. Seconded by Counc�lwoman Kukowsk�. Upon a vo7ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. RicY�ard Harris, 6200 Riverview Terrace questioned if the proposed ordinance related to the Industrial Development Commission. Mayor Nee said this was not a part of this proposal. Mr. Harris asked if the same procedure would be follow�ng in the issuance of building permits on structures proposed above residential. He asked with the deletion of the Bu�ld�ng Standards, what would be the procedure. Mayor Nee said this is something that could be d�scussed at the publ�c hearing. Mr. Harris read Section 20104, Scope and asked if the minutes would be sent to the Council through the City Manager. He q�Fnstioned if this would put the City Manager onlv in the position of the mail man for the commissions. Mayor Nee said this would be a good point to discuss at the public hearing. The City Attorney indicated at the staff ineeting several thoughts were brought up concerning whether the duties of the Park and Recreation Commission were cons�stant with the C�ty Char±er. He said he had not had a chance to study the matter, but he would get together with the staff and work on this section. He said this information would be ready at thepublic hearing. The City Manager explained that there are some powers given within the ordinance that are not consi^tant with the City Charter. Mayor Nee sa�d he had notes concerning this and he would like to discuss this at the public hearing. The City Manager said the staff wanted to talk about those thing in conflict ard the Council would have the power to change the ordinance, , The City Manager indicated that the last time the Council had directed the Administrat�on to send material to all the service organizations in the City approximately 65 notices were sent with little result from the organizations. He questioned if the Council would like letters sent or if the entire proposal would be sent. Mayor Nee said in his judgement, the letter would be sufficient. MOTION by Counc�lman Starwalt to recetve the letter requesting appointment to the Cable Television Corrmisison from Mr. Kenneth Brennen, 6716 7th Street N. E, and the letter of resignation from the Cable Television Commiss�on from Mrs. Barbara Hughes, 548 Rice Creek Terrace. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i; l A��ip - FOR REZONIPJG REOUEST ZOA #74-05. BY RAO MANUFACTURING COMP � CONSIDERATION OF APPROVAL OF A REQUEST FOR VARIANCE AT 200 MISSISSIPPI STREET BY RAO MANUFACTURING COMPANY• AND CONSIDERATION OF APPROUAL OF REQUEST TO CONSTRUCT A NEW BUILDING AT Zd0 MISSISSIPPI � ��r , REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 7 Mayor Nee pointed out that the Planning Comm�ssion, the Board of Appeals and the Building Standards Design Control Su6comm�ttee had recommended approval of the requests with stipulations. The Public Works Director explained that on February 19, 1975 meeting of the Plamm �g Commission, they recommended approval of the request. Ne said this would involve 275 feet of the property zoned as C-25 and the approval would create M-1 property. � He said one stipulation would 6e that RAO meet all noise and vibration transimssion standards and commitments. He said the Company had submitted a letter stating they would comply with these standards. He pointed out to the Council that a copy of the letter was on Page 2-L of the Council agenda. The Public Works Director said the Board of Appeals had cons�dered the request for the variance on January 28, 1975 which was to reduce the front yard setback from 100 feet to 70 feet. He felt this was adequate for the location on Mississippi Street. He further explained that the County is in the process of grade separat�on in this area. He said the variance is a �ust�fied request. He said the recommendatton of approval of the request is contingent upon the rezoning approval. The Pu61ic Works Director continued to explain the recommendation of the Building Standards at their meeting of January 23, 1975, and said they had recommended a number of stipulations. Nr. Sobiech read the stipulations from the minutes of the Building Standards Committee. The Public Works �irector indicated that the applicant, Mr. Olson, was present and could answer any of the Council's questions. Mr. Olson presented a colored elevation draw�ng of the proposed facility. The Pu61ic Works �irector explained the suggestions for improvement of the proposal and satd there may be some additional treatment on the north wall of the building. Mr. Olson said onesuggestion was to use pilaster structures and the other was to � use contrasting panels on the north wall. He indicated that the structure would be one 61ock from the County underpass project. He said the proposal would break up the wall with the dark brown color and g�ve the north side some accent. He said the same accent was suggested for the south and west sides. The Public Works Director pointed out that a recommendation had been made to continue themansard roof down the north side of the building. Mr. Olson commented that he could not see any purpose in the continuation of the roof through this section with an additional expense of $2,000. He noted that it would be difficult to see the structure to this point after the creation of the underpass. He also potnted out that there are four or five large oak trees �n frontof this section He said with the roof structure on the office portion of the building only, this will accent this portion and not the entire butlding. Counr�lman Breider asked what the landscape plan would be for the south side of the building. Mr. Olson said ; there is a plan for berming on the south and east and north. He mentioned they planned to do as much herming as possi6le; there is a great deal of fill in the area that could be utilized for this purpose. He said the visibil�ty of the building would be limited with the slope and berming of the area. Councilman Breider asked how much of a slope there would 6e. The Public Works Director �id this would be no more than a three to one slope. He said there is approximately 50 feet and this would not be more than 10 feet high. Councilman Bre�der asked if there was an addittonal vacant lot in the area. He asked �f this lot was zoned R-3. The Public �dorks Dtrector said the lot ts vacant and is zoned � M-l. Mr Olson said he would like to keep any traffic out of the area of Satellite Lane. He thought this vacant parcal may be residential some day. Councilman Starwalt said he was impressed w�th the plan and thought tt would be an asset to the whole area. MOTION by Councilman Breider to waive the reading of the ordinance, and adopt Ordinance No. 581, with the stipulations recommended by the Subcommittees and noting that all noise and vibration sta�dards will be met. Seconded 6y Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTTON by Councilman Breider to approve the variance as requested by RAO Manufacturing Company and recommended by the Board of Appeals Seconded by Councilman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unan�mously. � J REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 8 � �Y MOTION by Councilman Breider to approve the issuanc� of the building permit for the proposed structure by RAO Manufacturing Company with the stipulations of the Building Standards Cor�mittee listed on Page 2-K of the agenda book and with the addit- ional sti�ulations that berming be installed on the south and east s7des as 1°epr•esented in the plan submitted to the Council and that the security lights 6e directed away from any residential or apartments and that the property be screened in soRre way from the ad�acent properties. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. T ZOA +�75-01 BY CENTRAL AUTO PARTS TO REZONE NORTH OF 1201 73'� AUENUE P!. E_ • AND CONSIDERATION OF APPROVAL OF SPECIAL USE PERMIT SP #75-01, BY CENTRAL AUTO PARTS: TO ALLOW THE EXPANSION OF BOUNDARIES OF CENTRAL AUTO PFlRTS FOR JUNK YARD. AN� CONSIDERATION OF APPROVAL OF FINAL PLAT P. S. #75-01, CENTRAL UIEW MANOR 2ND ADDITI Tf�e Public Works Director explained the request for rezoning to be from C-2S to M-l. He said there is also consideration of a special use permit and a final plat. Mr Sobiech sa�d the Planning Commission had recommended approval of the requests The Public Works Director bre�fly explained the location of the lots in question and said the rezoning request affected the easterly portion of Lot 2. He said the special use permit was requested for Lot 2 for expansion of the auto �unk yard The Public Works Director indicated that the petitioner was present at the meeting. , Mayor Nee asked if the property should be platted before the ordinance is adopted and the permtt ts issued. The Public 6+lorks �irector said the plat should be approved before the property is rezoned and before the special use permit is issued Ne continued to explain that at the Plann�n� Commission meeting of January 22, 1975, they recommended approval of the plat with three stipulations. Mr. Sobiech read the stipulations to the Council aiid explained the easement referred to would allow drainage into Norton Creek and also provide access to the back lots for a driveway and utilities if they were to be sold. MOTION by Councilman Starwlt to approve the final plat as su6mitted by Central Auto Parts, P. S. #75-01, with the stipulation on Page 3-B of the Council agenda. Seconded by Councilman Fitzpatrick. Councilman Starwalt asked when the final plat would 6e approved. Mr. Gus Doty addressed tbe Council and indicated the plat would be �repared as soon as the Council would approve the special use permit, rezoning and plat. He said after this, the survey would be ordered. Coucnilman Starwalt asked if there would be a legal conflict and the Public Works Director said there would not be. The City Manager explained that the current action was at the request of the Admim stration because a lot split would have created a lengthy legal description. UPON A VOICE VOTE, ALL VOTING AYE, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to waive the reading of the ord�nance and adopt � Ordinance No. 582 on second reading for the rezoninq rezoning request by Central Auto Parts ZOA #75-D1, and st�pulating the publication of the ordinance be held until the plat is received and signed. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all vocing aye, Mayor Nee declared the motion carried unanimously. The Public Works �irector again explained that the Planning Commission had recommended approval of the special use permit with a number of stipulations. He said the permit would concern Lot 2 and the property owner has signed an agreement denoting the intent to comply with the stipulation. He said this agreement is on Pane 3-E of the agenda. He further explained that the fence on Lot 10 will be relocated and a planting strip from the previous special use permit would be completed upon development on the property to the west. He expla�ned that the applicant is willing to work with the City on this portion. He said if there is any development to the west, the planting strip would be coordinated. He said there will be an eight foot screening fence on the north and west sides of the property on Lot 2 and the applicant is willing to work with the City for an exit. Mr. Sobiech mentioned that one of the A �� REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 9 stipulations concerned the requirement that there br� no parking of �unk vehicles in the street. The Publ�c Works Director continued to read and explain the stipulations suggested by the Subcommittee, Councilman Starw<,Ttsaid in the last two years the applicant has made some progress in the improvment of the area and he would hope that this progress continues. MOTION by Councilman Starwalt to approve the special use permit with the stipulations ' recommended by the Subcommittee and agreement signed by the applicant. Seconded by Councilwoman Kukowski. Mr. Nick Garagga, 6750 Monroe, addressed the Council and recalled that the Creek had been mentioned two or three meet�r�s ago when this matter was being discussed. He asked if there would be any additional protection of the creek. Mayor Nee explained that one of the stipulations agreed to by the applicant required him to submit plans to the Rice Creek Watershed �istrict for approval. The City Attarney said this concern would be under the �urisdiction of the Rice Creek Water- shed D�strict and they would set the necessary requirements. He said the City can rely on their staff on what should be protected. Council�an Starwalt firmly stated he would not want any dumping of oil in the Creek. Mr. Doty addressed the Council and informed them that there is no creek there at the present time, there is �ust a low area, the creek does not stari untiT the south side of 73z Avenue. UPON A VOICE VOTE, all vo�ing aye, Mayor Nee declared the motion carried unanimously. The C�ty Manager noted that this should not be labled a junk yard, but it should be called an auto salvage yard. He sar he hoped there would be no,7unk, because thls is what the City was tyrying to get rid of � Mr. Doty noted that if this is the case, the Code should be revised. NEW BUSINESS: CONSI�ERATION OF FIRST READING OF AN OR�INANCE TO AMEND CHAPTER 506, SECTION 506.05, REMOVAL, OF THE CITY CODE OF THE CITY OF FRIDLEY SNOW REMOUAL- VIOLATION AND TOWING : The City Manager explained that there were ambiguities in the ordinance that the City has at the present time and even though it was thought that the ordinance would be adequate, the Administration had provided additional language. He explained the language to concern the C�ty's right to remove vehicles if they are obstructing the plowing of snow. He said another addition would be the language that this would be effective from the first of November to the first of May. He questioned the Council if this language would defend what the City is trying to do. Councilman Breider said he felt the violations portion of the ordinance should be clarified. He said there is some problem with the public relations portion of the enforcement of the orc➢inance. He said he would try to put together a proposal on this. He thought the problem to be letting the people know what the City wants done. He said he thought this should be done within the ord�nance. Mayor Nee said he felt the proposed ordinance to be more clear than the previous ordinance in that it would state it would be unlawful to leave a car on the street � or to obstruct the snow plow7ng activities. Mr. Nick Garaffa said he had parked his car on the street and it had been plowed around and he could not remove the car for weeks. Mayor Nee pointed out that most of the people that left their car on the street had it towed away. He mentioned that those people had to pay for the towing costs. MOTION by Counc�lman Bre�der to adopt the first reading of the ordinance, waiving the first reading Seconded by Councilwoman Kukowski. Upon a voice vote, all vo�ing aye, Mayor Nee declared the motion carried unanimous]y. RECFIVING THE MINUTES OF THE PLANNING COMI`1ISSION P4EETING OF MARCH 12, ]975: MOTION 6y Councilman Fitzpatr�ck to receive the minu�es of the P?anning Commission Meeting of P+arch 12, 1975. Seconded by Councilman Bre�der. Upon a voice vote, all voting aye, Mayor Nee declared the motior carried unanimously. � � �_J REGULAR COUNCIL MEETING OF APRIL 7, 1975 RECEIUING THE MINUTES OF THE PLANNING GOMMISSION MEETING OF MARCH 19, 1975: PAGE 10 P� � MOTION by Coucnilman Breider to receive the minutes of the Planning Commission Meeting of March 19, 1975. Seconded by Councilman Starwalt. Upon a voice vote, al7 voting aye, Mayur Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 2, 1975. Councilman Breider asked if he could see theplan of the proposed construct�on as it related to the master plan of the area The Public Works Director displayed the copy of the master plan. He indicated the port�on of the drawing penciled in was the current proposal. The Public ldorks Director listed the number of variances as listed in the heading. He exp1ained that the fourth and seventh requests had been deleted and the second request had been amended. Councilman Breider asked how many lots this would involve and the Publ�c Works director said five, forty foot lots The Public Works Director asked if Mr. Jerry Paschke, ;Paco Incorporated, was present and the applicant responded. Mayor Nee asked what the percentage of coverage was in the proposal. The Pu61ic Works Director said the coverage was 40%. Mr. Paschke explained that some of the variances were really not needed, 6ut the Board of Appeals indicated they would like to see the eight additional parking stalls in the plan at th�s time and this al:tributed to the number of variances requested. The Public Works Director said 14 stalls would be sufficient to meet the requirements of the Code. He said the Board of Appeals did request the additional eight stalls on the side sub,7ect to change in parking requirements in the future. He said this would be consistant with what was done on the west and east of this proposal. Mayor Nee asked if there were any questions from the City Council or audience and there was no response. MOTION by Councilman Breider to approve the variances with the stipulations deleting the fourth and seventh requests and amending the second. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counctlman Breider to recetve the minutes of the 8oard of Appeals Meeting of April 2, 1975. Seconded by Counctlman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES Of THE BUIL�ING STANDAR�S DESIGN CONTROL MEETING OF MARCH 20, 1975 OF A REOUEST fOR ROOF SYSTEM A�DITION TO THE RIVERSIDE CAR WASH: M Mayor IVee expiair�ed that the Building Standards Committee had recommended approval of the request. The Public Works Director pointed out the request to be for the construction of a canopy over the gas pumps at the car wash. He said this would be a concerte roof over three of the four lanes and thts would tie in with the bu�lding. He said the Subcommittee had recommended approval of the request with a num6er of stipulations. �� REGULAR CQUNCIL MEETING OF APRIL 7, 1975 PAGE 11 Mr. Sobiech read the stipuiations as listed in the minutes of the Building Standards Design Control Subcommittee meeting, Mr. Samuelson was present to respond for Riverside Car Wash. Mr. Samuelson said he was in agreement w�th the listed stipulations. The Public Works Director mentioned that the Building Standards Subcommittee ;�ad mentioned there was a problem with an existing sign on the property and asked if this would be taken care of at the present time. Mr. Samuelson presented a plan to the � Public Works Director for the alleviation of this problem. The Public Works Director said the staff would have to look into the plan to determine if the plan followed the City Code. Counciiman Fitzpatrick, Ward Counci7man, indicated he had no questions concerning the request. MOTION by Councilman Fitzpatrick to approve the request with the stipulations recommended by the Subcommittee and with the additional or fourth stipulation that the staff review the plan for the sign presented by Riverside Car Wash and that this would comply with the Code. Seconded 6y Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIDN OF A REQUEST FOR LAN�SCAPING WORK: LOCATED ON PARCEL 4850 AND PART OF PARCEL 4800, SECTION 14: THE SAME BEING 41D MISSISSIPPI STREET N.E The Publ�c Works Director said the Library had submitted plans for construction, but had not submitted the plans for the landscaping of the property. He said the current considerat�on would be for the landscaping plans. He said they had attempted to save as many trees as possible in the construction and incorporate them into their landscaping plan. The Public Works Director pointed out the various planned planting for trees in the area and indicate d if the funds are available, there would be additional shrubbery planted. MOTION by Council�aoman Kukowski to approve the plan for the landscapin9 for the Anoka County Library, Frtdley Branch. Seconded by Councilinan Breider. Upon a voice vote, all voting aye, �ayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Bulding Standards Design Control Subcommittee meeting of March 20, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, PAayor Nee declared the motion carried unanimously. RECEIVING TME MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF MARCN 18, 1975 AND RESOLUTION N0. 46-1975 - TO ESTABLISFI A MODEL ENUIRONMENTAL CODE: Mayor Nee pointed out thai about three month ago, three peopie had met with the Environmental Quality Council to discuss an ordinance which they indicated could be drafted with their aid. He said he had beentold that there could be some assistance from the State on this and asked Mrs. Lee Ann Sporre, member of the Environmental Quality Commission to work with the State. Mayor Nee said the minutes of ihe Commtssion explain this procedure. He explained that the State Commission is to discontinue mak�ng environmental statements and leaving this in the hands of the local units. In order to do this, some ordinance or guildelines have to be prepared for the local Commission and staff to work with. He said the proposed resolution would express the City's approval of this type of col�boration. Councilman Starwalt asked what type of time frame was being placed on this considerat- �on. Mr. James Langenfeld, Chairman of the Fridley Environmental Quality Commission, said 5f the resolution 9s adopted by the Council they wouid begin to immediately work on the draft and may have a copy of the ordinance within six months. MOTION by Councilman Starwalt to adopt the Resolution No. 46-1975, to establish a model Environmental Code Seconded by Cour�cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrled unanimously. Mayor Nee asked if there were any comments on the letter from the City Manager. He indicated that there would not be any need for action on the proposed letter, it could be sent as is. � , � � REGULAR COUNCIL MEETING OF APRIL 7, 1975 7'a �, PAGE 12 RECEIVING THE MINUTES OF THE PARKS AN� RECREATION COMMISSION MEETING OF MARCH 24, 1975 MOTION by Coucnilman Breider to receive the minutes of the Parks and Recreation Commission meeting of March 24, 1975. Seconded 6y Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF MARCH 19, 1975 MOTION by Councilman Breider to rece7ve the minutes of the Citizen Bikeway Committee Meeting of March 19, 1975. Seconded by Councilman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RECETVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF MARCN 21, 1975: MOTION 6y Councilman Starwa!t to receive the minutes of the Cable Televtsion Commission t"�eeting of March 21, 1975. Seconded by Councilwoman Kukowsk� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider aske d if anyone knew if General Television had dropped the charge for the canverter. The Technican present indicated that this charge had been dropped. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF MARCH 18, 1975 MOTION by Councnik�oman Kukowski to receive the minutes of the Human Relations Committee Meeting of March 20, 1975. Seconded by Councilm�n Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. RECEI1fING THE MINUTES OF THE HUMAN RELATIONS COMMITTEE MEETING OF MARCH 20, 1975. M�TI�N by Councilman Starwalt to receive the minutes of the Hunan Relations Committee meeting of March 20, 1975. Seconded by Councilwoman Kukowski, Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQllEST BY SPRINGBROOK NATURE CENTER FOUNDATION FOR 7W0 COPIES OF TOPOGRAPHICAL MAPS OF NORTH PARK AND WAIVER OF THE FEE OF 332.50 The City Manager explalned that it had been determined 6y the Council at the time that the entire City was surveyed for the topographical maps that if any area maps were requested, that those requesting would pay a share of the costs to alleviate the City expenses for the total survey. He said it would be the City Council's prerogat�ve whether or not to waive the fees �n this case. He said this survey was done in 1959 and referred to d��telopers with�n the City who would request such a topographical map. He ment�oned that in the case of this organization, there would be a different case when there is cooperation on the project between the City and the Foundation. Mayor Nee asked if the preparation of the maps at this time would cost the City any- thing. Councilman 8reider said it would only be the cost for duplication of what the C�ty already has on file. The C�ty Manager said when this area was originally flown for survey, this cost the City approximately $5,000 to $6,000. He said the Council had taken action to get the money back by selltng the maps to private property owners. MOTION by Counc�lman Breider to wiave the fees as requested by Springbrook Nature � Center Foundation for the Topographical Survey of North Park. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIQERATION OF GUI�ELINES FOR PROCESSING INDUSTRIAL REVENUE EONDS• The Finance Director expla�ned that the guidel�nes were established so that �nterested businesses or individuals would have some tdea of the City's concerns He said the guidelines are not intended to be all inclusive. The Finance Qirector said the Financial Consultant had sug9ested that the City include the $5,000 front end clause for the City to obtain funding for certain costs which would be necessary before the Council would determine if the bonds would be issued. He said this would t+e the most s�gnificant change in the guidelines. Mayor Pi�e asked if the payment would be refundab1e if the applicant was re,7ected. The Finance Director said the City would charge the applicanr for those costs incurred. iyrv i f° REGULR.R COUNCIL MEETTNG �F APRIL %, 1975 PAGE 13 Councilman Brerder said he thought this provrsion would discourage a business from coming in and using the revenue bonds for complete financ�ng. Councilman Breider said he liked the front end clause. Mayor Nee asked if it would 6e written up that the balance of the money that had not been used through Adm�nistrative and Tegal costs could be refunded to the applicant. The Finance Director said it �� the intent of the City that they will not be out any money if the applicant is not issued the bonds. Councilman Breider said it should be indicated that this is only preliminary costs and there may be additional expenses incurred in the bond sale and by prelim�nary review by staff. Mayor Nee said he felt this was a very 9ood piece of work and it is written very clearly. MOTION by Councilman Breider to adopt the guideiines for the issuance of Revenue Bonds with the front end clause with the money refun�lable if not needed for the administrat�ve costs. Seconded by Councilman Starwalt. The City Manager asked if this �nformation could be forwarded to Mr, Edward Dunn, Fridley Chanber of Commerce. The City Manager sa�d Mr. �unn had �ndicated that he would send the information to all interested parties. Mayor Nee directed the City Manager to forward cop�es of the information to the Chamber of Cc�r,merce. UPON A UOICE VOTE, all voting aye, Mayor Nee declared the mot�cm carried una m mvusly. Mayor Nee asked if a small advertisement might be run in the corporate report to indicate that the Revenue Bonds are available. He quest�oned how agress�ve the Counc�l would want to 6e. Councilman Starwalt suggested tha the Council wait to take this kind of a step. He said he would like to think about this a wh�le and perhaps advertise in two to stx months. The City Manager sa�d he thought there were three to four bonds houses who would promote the sale of bonds after receiving the know7edge of the guidel�nes. He sa�d it would not be a bad idea to send the information to the bond houses. He said if they are aware that the Ciiy had taken this action, they will advertise this. �ISCUSSION REGARDING INSl1RANCE COVERAGE FOR OMISSIONS AND ER,R�JRS INSURANCE: The City Manager explained that P. M. Endsley is in the posetion to provlde this �nsurance to the City. He said the C�ty had received a letter from its insurance consultant and they had recommended that the City purchase this insurance at this time. The City Manager referred to an art�cle that had appeared �n the h7inneapolis Star which indicated that the C�ty of Minneapolis v�as sued for a total of 22 million dollars rn tl�e per�od of one y�ear He said he felt the City needed this additional coverage with the present trend of people suing. The City Manager said the insurance would cost the C�ty $2,�540 for one year's coverage. The City Manager said the representatives of the insurance company were present at the meetin9 to answer the Council'� questTOns. The msurance co�:ts would be divided equaliy within the various departments, he added. Mayor Nee said the insurar:ce 7ooked good to him and he ti�as 91ad that the City Manager had brought this to the Council. Mayor Nee sa�d he had this type of coveraqe within his own business. Councilman Starwalt said certainly businesses carry this type of insurance. He questioned the need forthe �nsurance at th�s time if it had not been needed in the past. Counc�lman Fitzpatrick said there w�ll be an increased tendency for people to sue the City in the future Councilman Starwalt said the tendency grows because the insurance grows The City Manager said this insurance would cover the City �n a number of areas where it is not covered at the present t�me. He again pointed out that the �nsurance consultant of the City had recommended it. The City Manager explained that when the insurance was first offered, the cost was very "igh and this is why they had not recommended it be purchased at that time. He added, now, due to the increased sales of th�s type of insurance, the costs are in l;r,e. The City Manager recommended that the Council approve purchase of this insurance, he said the City should have it. � � � REGULAR COUNCIL MEETING OF APRIL 7, 1975 Mr. Dale Hadtrath, P M. Endsley Company, insurance would be usefull in malpractice cover the City if there was a mistake made a liquor license. PAGE 14 addressed the Council and explatned this suits. He also explained that this would in the issuance of a building permit or u� Councilman Starwalt asked if there had been a reassessment on cost of the insurance. Mr. Hadtrath said the cost had come down from $7,500 to $2,800 He explained that at ' firs�, only a few were buying the insurance and now there are more purchasing it. He also explained that this would allow more premiu;��s to work with Mayor Nee said his business carries this type of insurance and would not be in business without it. The City Attorney said few if any doctors or lawyers would 6e without this insurance. Councilman Starwalt said he thought the City Attorney was supposed to keep the City aut of trouble. Mayor Nee said the coverage would go 6eyond the Council and cover the employees Mayor Nee sa�d he would urge the Council to approve the purchase of the insurance. The City Attorney said he would feel much better if this coverage was availa6le. He pointed out that many decisions are made by the staff and if an error is made, it would involve a large law suit Counc�lman Starwalt asked if this would be a deductable �nsurance. Mr Hadtrath said it would be $1,000 deductable per claim. He said in defenseit would cover the first dollar, but in cla�ms paid, it would be $1,000 deductable. The City Manager explained that originally the insurance was offered at $22,000 for three years and now it is a little over $8,000 for three years. He said, now, the ' Admtnistration feels that the insurance should 6e provided. He potnted out that the legal fees in one case could be this high Counc�lman Starwalt questioned the continual addition of new service in the City. He mentioned that this would have to be funded by additional tax dollars. � Mayor Nee explained that over the eyars, many rnstakes have been made that iiave never been publicized and this would not only be for the Counci1, but the employees of the City. Mayor Nee said he thought the insurance would be a nood idea MOTION by Councilman Breider to approve the purchase of the Errors and Omissions Insurance. Seconded by Councilwoman Kukowski. Upon a roll call vote, Councilman Starwalt vot7ng aye, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Councilwoman Kukowski voting aye, and Councilman Breider voting aye, Mayor Nee declared the motion carried unanimously. IDERATION OF REAPPROVAL OF BAYER'S LAKESI�E AD�ITION PLAT The Public '�orks ��rector explained the history of the proposed plat and expla�ned that on March 21, 1973 the Planning Commission had recommended approval of the plat with four lots on McK�nley and 4 lots on Lakeside. He said after this time, the applicant indicated he would rather have four lots on Lakeside and f�ve 72 foot lots on McKinley. He said the final plat was approved with the four lots on Lakeside and five lots on McKinley. He said this plat had been revised again to provide three lots on Lakeside and five on McKin1ey. The Public Works Director said Mr. 6ayer was present. Mayor Nee asked if the plat had been approved and not fi1ed in 1973. Mr Bayer sa�d yes. Mr. Bayer further explatned that there was no street at that time, it was �ust completed the last year. He said th property lakd idbe unt�l the present time. Mr. Bayer explained the progress of the changes in lot numbers and sizes_ He said the reduction in size was due to the sale of some land to a neigh6oring pToperty owner to enable him to build a garage. MOTION by Councilman Stan�alt to reapprove the final plat as modified with the three lots on Lakeside and five lots on McKinley. Seconded by Councilwoman Kukowski. Councilman Breider questioned why a lot had been dropped from the plat He asked if a house had been built on the lot before the plat was approved. Mr. 6ayer explained �� REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 15 that the City had allowed him one building permit for the entire parcel to be platted. The Public Works Director said the lot in question would not be a part of Lot and rot a part of the plat Mr. Bayer said thellot had been eliminated from the plat. The City Attorney said the legal description would treat this as an exception. The City Manager said he would like to note the problems with the soil conditions in this area and indreated these wouid have to be allevlated before thern is any build�ng on the lots. Mr. Bayer said this is true, and the easement wi1T take ' care of this problem. The City Attorney said there is a�igh water problem Mr. Bayer said there may be some problems on Lot 4. Councilman 5tarwalt asked if this consideration could be noted on the specific building perm�ts. The City M�nager said he had men�ioned this problem to make sure that the applicant stay�c out of the water table. He would not want him to come back to the City and say that he did not know about this. Mr. Bayer said there would be no problem. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LIOUOR LICENSE APPLICATION FOR MAPLE LANES. 6310 HIGHWAY #65 N. E. The Publ�c Works Director indicated Mr. Savelkoul said he would be in attendance at the meeting at about 9:30 P M. and he was not there at the present time. Mayor Nee said this would be taken care of when Mr. Savelkoul arrived. (Note: this was taken care of later in the meeting.) RECEIVING REPORT OPl COMPREHENSIVE EMPLOYMEDIT TRAIPII�G ACT PROGRA,M (CETA): Mayor Nee explained that the City had hired four employees under the CETA program using funding from the State. He referred the Councii's attention to Page 20 of the agenda and said this�is how the Administration would be allocating the funds. The City Manager ex�lained that there �s one big stipulation in the hiring of the administrative persons, and that is that the positions will terminate when this funding is no longer available. He said these positions are not something the City would want to perpetrate after the funding is not available. Councilwoman Kukowski indicated that �he thought that women need jobs also and all those hired in this program were wh�te males. L_ ! The City Manager said there was certain criteria that had to be followed in the hiring of people. He explained tfiat ihereti���re very few who wouid meet the requirements. He listed that the person had to be unemployed and have used all of the unemployment benefits along with being a Veteran. He said the Adm�nistration had to check all of the criteria before finding qualified applicants. Councilwoman Kukowski said this would keep the qualified persons down to white males. The City Manager said perhaps with the modificat7on of the Veterans Preference laws, there will 6e some change in this. Mr Denm s Schneider said the Council had indicated that they would lik� a woman hired. The City Manager said with the requirement that the person be a Veteran, this made this very difficult to consider any women. Mr. Schneider said he recalled that the Council directed the Administration to hire � a woman and he said this would be found in the minutes. Mayor Nee said this was not really Council �onsensus, some of the mem6ers were of a different opinion The City Manager said an effort was made in this direction. He explained that these people would be City employees but the hiring had to be done according to the Federal requirements. He stated that the people had to be certified and also had to meet the criter�a set up. He indicated therevrFr;� about 12 items listed in these require- ments. He said the City had cons�dered the best qualified people that met the set of requirc�ments, Councilt��oman Kukowski asked if this program could be used again �n the future. She asked if the City might have the discretion to say who would participate. The City Manager said this is a Federal program, and the C�ty would have to meet their requirements to obtain the funding. He said unless the people qualify, the City would not obtain the money. He said the City would have to work Hnthin their limits. ��J REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 16 Councilwoman Kukowski asked if the criteria could be set so that the person be a Fridley resident. The City Manager said the criteria was that the persons considered be residents of Anoka County. He mentioned when the money comes from Federal funds, it leaves very little discretion for the City. A question was raised on how the funding was channeled and Councilman Fitzpatrick answered the program was funded w�th the funds coming throu9h the County. � The City Manager said thts had been a lengthy process from establishing the criteria, certification of the applicants, and approval of those proposed for hiring through the County The City Manager said the Administration would recommend that when the funding is withdrawn, the City not carry these positions. Mr. Nick Garaffa, 6750 �1onroe Street, said the salary is listed for $5,000 for five months. He asked if the salary range had anyth�ng to do with the exclusion of women partic�pating. He questioned if the persons former salary was a 6earing and said very few women would make $10,000 per year. The City Manager sa�d this was not criter�a. He said there is a limit that the positions would not pay over $10,000 per year. He further explained that if the pcople hired would be working with Union people, they would have to be paid at the same rate as the Union people and this add�tional expense if any would have to be picked up by the C�ty. Fle said this case was in existance with the maintenance personnel hired. Mr. Garaffa again questioned if there was some requirement that the woman had to make this on her prevtous jo6. He said this would exclude women. The City Manaqer explained that the veteran would have absolute preference and there are additional requirements after this is satisf�ed. He said the rules would tend to determine that the City had to hire a male veteran The City Manager said the amount that the person made previous to this time had no bearing on the ,7ob, but the ltmit for the compensation will be $10,00� per year. He said if the ,7ob � pays more, the City would have to pay more. MOTION by Councilman Starwalt to receive the report concerning the hiring of four persons under the CETA program. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NQ. 47-1475 - SUPP�RTING THE GQVERN�R'S PROPOSAL FOR A REQISTRI6UTIQN QF GRO55 EARNINGS TAXES ON RAILROADS APdD TELEPHONE COMPAfJIES The Finance Cirector said the adoption of the proposed resolution would put the Council on record supporting the Governor's proposal. Ne said fundarrientally, the proposal would change the distribution of the gross earnings on Railroads andthe Telephone companies to allow the municipalities to obtain their fair share of the revenue He continued to explain that Minneapolis had shared all of the gross earnings and had not brought their real estates taxes �n line. He said with the proposed legislation, the City would fair better in the gross earnings tax distribution. The Finance �irector said the League of Minnesota Municipalities favors the gross earnings formula recommended. Mayor Nee asked if this proposal were adopted, would ±his distrubute $257,000 to the City annually. Mr �runsell sairl this is right. Mayor Nee said this is a very substantial amount of money. The City Manager said the City could not raise the tax revenue, this would lower the taxes for the home owners. The City Manager further explained that the City would only receive about 75! of the money, some of the money � would go to other governmental uniis. He said this is the point of view of the City of Fridley because they would benefit from this formula, other will oppose because their benefits would 6e decreased, MOTION by Councilwr,ma� Kukowski to adopt Resolut�on 47-1975, supporting the Governor's proposal for the redistribution of gross earnings taxes on Railroads and Telephone Companies. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIQERATION OF LI UOR LICENSE APPLICATION FROM PIAPLE LANES, 6310 NIGHWAY #65 N. E., ON AGENDA AT REQUEST OF MR. SAVELKOUL PlOTE: THIS ITEM APPEARED EARLIER ON THE AGEN�A AND WAS DELAYE!) FOR DISCUSSION UNTIL MR SAVELKOUL WAS PRESENT : Mr. Saveikoul addressed the Council and indicated that he thought all +�f the Council mras aware of the application for the liquor license by Maple Lanes. He explained that the firm had modified their plan for tmprovement of the oper�tion to comply with y � fi3� � I REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 17 the amendments in the Ordtnance recently adopted by the City Council. He explained that the original proposal was for a limited restaurant in the space that was available within the existing facility and now, the modified proposal would create a restaurant wi��ch would be segregated from the remainder of the operation. He explained the planned investment to 6e in six figures and pointed out that this new plan would comply with the City's existing ordinances. Mr. Savelkoul said he had discussed the new proplsal with the C�ty Attorney and was sure that it would meet ' the amendments in the City's liquor ordinance. Mr. Savelkoul requested approval of the plan at the present meeting stating the firm would comply with any require- ments that the City stipulates. He said if this would be possible, this would allow the modifications and construct�on to begin at the first part of May and would enable completion of the changes by September 1, 1975. The Public Works Director sa�d he had talked to Mr. Savelkoul that day. He continued to comment that he had reviewed the plan for the space requirements and the kitchen and din�ng area would be correct with 2,000 square feet He said the ordinance requires that the seating capacity be 130 persons and w�th 15 square feet pre occupant to be provided, there should be an additional 300 feet to allow enough area for the proposed seat�ng capacity. The Public Works Director explained that the plan that was rece�ved by the City was on�yr for that section for the proposed restaurant area, and he had not reviewed t�e �lan for the entire complex to determine if there is possible expansion area. The Public Works �irector said this space could be expanded through the add�tion of space for the exit. He indicated that the�plan did not propose the entrance or door size. The Public Works �irector continued to explain that there would be a requirement for the installation of a sprinkling system. He indicated that there would be no problem in planning this in the remodeling of the b�nlding. The Public Works Director explained that there would have to be a landscape plan submitted for review. Mayor Nee asked Mr. Savelkoul if it would be possible to include the additional 300 ' feet �n the plan for the building. Mr. Savelkoul said he would have to do some thinking about this. He said he had talked to the supplier who had drawn up the plans andlindicated what the seating capacity would be required at and the requ�rements for the square footage. He said he had �nt talked to the Publ�c Works Director until late and did not know the State requirements unt�l that timc. Mr. Savalkoul said they would have to comply with the requ�rements set forth. Mr. Savelkoul indicated that there would be two possit�ilities for solving the area question: one; to add on to the building to the west, and secondly, the plan before the Council was for a completely enclosed restaurant facility, and there may be the possibility of usin9 the space outside the restaurant. Ne said if the later suggestion could be uiilized, there would be no problem because there is additional room w�th tables, etc �n the other areas. He said �f the facility would have to be expanc�ed to prov�de the additional square footage, this would ha�e t� be don� tl�rough ad�9it�on to the west because of the nature of the present establishment. Mr. Savelkoul said th�s would all be worked out to comply with the various requirements. The City Manager said with the entrance on the south side, it would be possible to provide a foyer with this addit�onal space that would be attractive. The City Mana9er said he had been �n contact tiaith Mr. Savelkoul and he was sure that this would 6e worked out. He said there would be no legal problem. He said with the pnysical separation, there would be no problem in meeting the requirements. The City Manager explained that the hearing process was proper and if the Council so desired, they could take action to provide a liquor license with the understanding that all of the � necessary requirements are to be met by the applicant. He said the building would have to be upgraded and all of the building codes complied with as well as the City and State Laws He said in this case he felt that with the feeling of the applicant to complete the necessary work before Septem6er, that the period of six months would be adequate for the reservation of che l�cense in the resolution of intent. Mr. Savelkoul felt this would be ample time with the deadline to be done with construction by September The City Manager said the resolution could be brouqht back to the Council for action the following Monday evening if this is the consensus of the Council. Mayor Nee asked if there would be any legal problems. The City Attorney advised the Coucil that with the separation of the operations, there would be no problems. He said according to the Attorney C�neral's opinion, the liquor license could not be issued to the restaurant in the boti�ling alley. �__.I REGULAR COl1NCIL MEETING OF APRTL 7, 1975 PAGE 18 � 1� The City Attorney said he would be satisfied and the Attorney General would be satisfied with this type of arrangement. Mayor Nee asked if this would be a separate Corporation. Mr. Savelkoul said this would be one corporation. The City At�orney said the account would be kept separate from the remalnder of the operat�on. Mr. Savelkoul said this would be kept separate. Councilman Starwalt said he felt the plan is what the applicants felt they should have had three months ago. Mr Savelkoul said with the amended ordinance, this is the only way they feel they could go at this time. The Public Works Director sa�d there would be no problem with the parking, there is additional property that could be used to gain additional parking spaces Counc�lman Starwalt questioned the 40/60 food/liquor spl�t requirement and how this would be ascertained by the corporation. The Finance �irector said the City would ask the establishment to provide a statement by a certif�ed publlc accountant at the t�me of renewal of the license. He informed the Council that the City does have this rnformation from three out of the four extsting liquor businesses in the City at the present time. The City Attorney said the City Ordinance provides that the applicant provide such a statement at the time the license would be considered for renewal. Mayor Nee questioned if the puhlic hearing on the proposed license application had been ciosed. Mr. Savelkoul expressed the feeling that the public hearing had been closed and after th�s time he had requested the �tem �,o be continued until after the ordinance was amended. Council,ran Breider indicated he recalled that the hearing had 6een closed and Mr. Gottwaldt had requested that the consideratlon 6e put off for one to two months. The City Manager explained that if the Council adopted the resolution, this would onl�r be a resolution of intent to reserve the license contingent upon the applicant � meeting all of the necessary requirements of the codes and building permits, etc He said this operation would also receive Council review on the conditions of the butlding improvement. He said the Council would have two opportun�ties to review the improvement process before the 1icense is issued. � Mayor Nee said he 6el�eved the next step would be to bring on the resolution of intent to reserve the llcense. MOTION by Councilman Starwalt to direct the Admtnistration to prepare the resolution of m teni to issue the liquor license for Maple Lanes upon compliance with the addit�onal square footage requirements, City, State and all other health and s�nitation require- ments and indicating that this does not constitute approval of the issuance of the license at this time Seconded 6y Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Publtc Works Dtrector explained that the City had received nine bids under this pro�ect and they were listed in the Counc�l agenda on Page 22-B. He said the low l�i�.' cai�e from Dunk7ey Surfacing and tl;e bid a�as from 10% to 15% lower than the engineering estimate. The Public Works Director said the bids are very competitive this time of year. Mr. Sobiech recommended that the Council award the contract to Dunkley Surfacing in the amount of the lump sum bid. 6IDDER Bury & Carlson 60Q8 Wayzata Boulevard Minneapolis, Minnesota 55416 Hardi��es, Inc. Gerieral Contractors 3030 Harbor• Lane !Jorth Suite 216 Minneapolis, Minnesota 55441 C. S. McCrossan, Inc. Box AD Osseo, Minnesota 55369 H. & S. Asphalt Company Anoka, Minnesota BID DEPOSIT 5% 5% 5{ 5°I LUMP SUM EI� $555,049.47 $564,691.70 $573,127 39 $571,101.36 � `) REGULAR COUNCIL MEETING OF APRIL 7, 1975 BIDDER Arcon Construction Company, Inc Mora, Minnesota 55051 Progress�ve Contractors, Inc Box 368 Osseo, Minnesota 55369 Flexander Construction Co. County Road 42 & Fairgreen Ave. Apple Valley, Minnesota 55124 Ashbac'r� Construction Co. 1910 W. County Road C St. Paul, Minnestoa 55113 BID DEPOSIT 5% 5% 5% 5% PAGE 19 LUMP SUM BID $564,856.30 $583,240,57 $584,403.28 � ��4C4654,57 6unkley Surfacing Company 5% $553,034.17 3737 East River Road Minneapol�s, Minnesota 55421 MOTION by Councilwoman Kukowski to rece�ve the bids and award the contract fc�r Street Improvement Pro�ect ST. 1975-1 and ST, 1975-2 MSAS to Dunkley Surfacing Company in the amount of $553,034.17. 5econded by Councilman Starwalt. Counc�lman Breider asked 9f the item on the agenda, �25, Street Improvement Pro,7ect ST. 1975-1, Addendum #1, could be added to this pro�ect. The City Manager explained that the contract could be �ncreased by 25%. The City Attorney sad� the City would have this authority and this would be taken care of by unit price. UPON A i%pICE VOTE, all vot�ng aye, Mayor Nee declared the motion carried unanimously RESOLUTION N0. 48-1975 - 1jTil FUNDS ST. 1975-2 . I Mayor Nee said the proposed resolution is a tech m cal resalution. The Public Works D�rector said this would allow the CIty to receive the State Aid funds in advance. MOTION by Councilman Starwalt to adopt Resolution No. 48-1975, requesting the Comm7ssioner of Highways of the State of Minnesota to author�ze advanced encumbr�nce from the construction accour�t of Municipal State Aid funds for 5T. 1475-2. Seconded by Council�,eman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan7mously. RESOLUTION N0. 49-1975 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES e The C�ty Manager said the �mprovements proposed are 6eing executed because of a request by the developer to install such improvements in Rice Creek Estates and Rice Creek Estates Second Add�tion. He said as a stipulation of the final plat, the City had agreed io cooperate in the construction of tfie improvements. He said this would bring the necessary report to the Council for apporval. re� MOTION by Councilman Starwalt Lo adopt Resolution No. 49-1975, ordering preliminary plans, specifications ar,d estimates of the costs thereof; Street Improvement Project ' ST. 1975-1, Addendum #1 Seconded by Counc�lwoman Kukowski. Upon a voice vote, aTl voting aye, Mayor Nee declared the motion carr�ed unanimously. 1975 - RECEIVING THE PRELIMINARY REPORT AN➢ CALLING A PUBLIC HEARING MOTION i;y Councilinan Starwalt to adopt Resolution No 50-1975, receiving the prelimlriary report and calling a public hearing on the matter of the construction of certain improvements, Street Improvement Pro,7ect ST. 1975-1, Addendum #1, Seconded by Council- woman Kukowsk�. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unarimo��sly. � � � REGULAR COUNCIL MEETING OF APRIL 7, 1975 -1975 - AUTHORIZING AN� DIRECTING THE SPLITTING OF �J J PAGE 20 rp,i . � .-_ MOTION by Coimcilman Breider to adopt Resolution PJo 51-1975, author� n ng and directing the splitting of special assessments on Part of Lot 25, Parcel 2800, Auditor's Subdivision No. 22 Seconded by Councilman Starwlt. Upon a voice vote, all votrng aye, Mayor Nee declared the mot�on carried unanimously. RESOLUTION N0. 52-1975 - I:� ING MOTION by Councilman Breider to adapt Resolution No. 52-1975, authorizing and direct�ng the splitting of special assessments on Lot 4, Block l, Spring Lake Park Lakes�de Addition. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. 53-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL MOTION by Counctlman Breider to adopt Resolutton No. 53-1975, authortzing and directing the combining of special assessments on Lot 1, Block 3, and east 112 feet of Lot 2, Block 3, Moore Lake Highlands. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION NO 54-1975 - AUTHORIZING AND DIRECTING THE COM6INING OF SPECIAL ASSESSMENTS ON LOT 10A, 6LOCK 1. APlD LOT 10B, BLOCK l, EDGEWATER GARDENS: MOTION by Coucnilman Breider to adopt Resolution No. 54-1975, authorizing and direct�ng the combining of special assessments on Lot 10A, alock l, and Lot IOB, Block l, Edgewater Gardens. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. CONSIDERATION OF REQUEST BY MAYOR NEE FOR DIRECTION ON PRESENTATION CONCERNING FISCAL DISPARITY LAW Mayor Nee said the information prepared is in opposition to the Fiscal Disparity law as it has been applied. He said examples are given through the material stating why the law does not work. Mayor Nee said the current application of the law represents a cost of the City's tax payers in the amount of �423,000. He said the majority of the revenue is given to the larger cities of Minneapolis and St. Paul. He said the law does not function as the legislature had intended it to. Mayor Nee said this can be illustrated by comparing the tax burden on Districts 16 and 13. He said he did not know if this material represented the feelings of the Council. Councilman Breider said he would support the proposal for the modification of the law. He commented that the City of Fridley had worked hard to come up with plans and pay for them. He indicated under the present administration of the law, those who had not done the planning are benefiting from the law and they had not gone through the expense of planning. He said he believed the current application to be senseless. He said he would like to know the cost of the administration of the current law �ndicating it to be excessive. Councilrnan Fitzpatrtck indicated he agreed with the previous comments. Councilman Starwalt said there may be some need for this concept, but not to the extent that the current law implies. Mayor Nee agreed saying this is extreme. Counc�lwoman Kukowski asked if there is a strong movement to repeal this law. Mayor Nee explained that one of the original speakers in support of the law had changed his mind. Mayor Nee said he believed this to be a,7oint effort on the part of the f�rst tier suburbs. He indicated that the impact of the law had not 6een assessed before the adoption of it. The C�ty Attorney said he would like to see a copy of the document. Mayor Nee said he would present the statement. CLAIP�S: GENERAL 39400 - 39704 � =.. REGULAR COUNCIL MEETING OF APRIL 7, 1975 LIQUOR 9G92 - 9731 PAGE 21 MOTION by Coucnilman Breider to approve the claims. Seconded by Councilman Starwali:. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried uranimously. ESTIMATES: American Contract�ng Corporation 1540 Yellowbrick Road Coon Rapids, Minnesota. 55433 PARTIAL ESTIMATE No. 2 for Sanitary Sewer, Water & Storm Sewer Ir�provement No. 116 '� 13, U7.91 Sm�th, Juster & Feikema Suite 1250 6uilders Exchange Bu�ld�ng Minneapolis, Minneso:� 554D2 Esti�nate for March 1975 Prosecution work by Carl Newquist 1,1OD.00 MOTION by Councilman Breider to approve the Estimates. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. ADJOURNMENT: � MOTION by Counc�lman Breider to ad�ourn the meeting. Secondcd by Councilwoman Kukowski. Upon a voice vote, a13 voting aye, Mayor Nee cieclared the motion carried unanimously and the Regular Meeting of the Fridley City CouncTl of April 7, 1975 ad,7ourned at ]7:03 P.M. Respectfuiiy submiited, � �'�+ ��^-' Pat Ranstrom W�lliam J. Nee Secretary to the City Council Mayor �ate Adopted S-S-�S J