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04/21/1975 - 00015381�� �_i;,-� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 21, 1975 The Regular Meeting of the Fridley City Council of April 21, 1975 was called to order at 7:35 P.M. by Mayor Nee. PLEDGE OF ALLEGIAPlCE. Mayor Nee welcomed those present at the meeting and invited them to ,7oin the Council iri saying the Pledge of ;'Ulegiance to the Flag. APPROVAL OF MINUTES: REUULAR MEETING OF MARCH 17, 1975 MOTION by Councilman Starwalt to ar+opt the M�nutes of the Regular P9eeting of March 17, 1975 as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carr�ed unan�mously. CANVASS OF VOTES, MARCN 28, 1975: MOTION '�y Councilman Starwalt to adopt the Minutes of the Canvass Meeting of the Fridl�y City Council of March 28, 1975 as presented. 5econded by Councilman Fitzpatrick. Upon a voice vote, all v�ting aye, Mayor Nee declared the motion carried unanimous7y. ADOPTION OF AGEN�A: Councilman Breider explained that he had received a netition from resicients of Satellite I_ane and they had ind�cated they woultl l�ke to present this petition and some comments during the Visitor's Sectian of the agenda. Councilwoman Kukowski sa�d she wouid like to discuss the existing vacancies on the Planning Corrmnssion. Mayor Nee said he would �ike to add an item concerning the conflicting trash pick up regula�ions with�n the City between the City and the collectors The City Manger exalained that the Admin�stration had prepared a resolut�on concerning opposr�ion to House F�le 1159 which deals with the licensing of vending machines. Councilman Starwalt �a�d he would like to discuss stop signs on Ben,7amin Street. MOTION by Councilwoman Kukowski to adopt the agenda t��th the aforement�oned additions. Seconded by Councilman Fitzpatrick. ["ro^ a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. OPEN FORUM: VISITf1RS JOSEPI; B. WOOD, MANAGER OF APARTMENT ON SATELLITE �ANE, PRESENTED PETITION i�70TI0N by Counc�lman Bretder to receive Petition No. 4-1975 from the res�dents at 195, 175, and 155 Satellite Lane who request addltional parking on the apartme�it side of the street or the north side of Satellite Lane. Seconded by Coun��lwoman Kukowski. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motlon carried unanimously. Councilman Breider explained the h�story of the placement of the no parking signs �n the area by indicating that this had been requested by the hoine owners in the area the previous spring. He mentioned there was a number of reasons for the request at that time He listed a few of the problems as follows: danger created by parking of cars in area of school bus p�ck u�, pro6lems in plowing the narrow roadway in the winter (31 feet), problems of access for Fire Depar'm�rt vehicles. Councilman Breider said th�s �s ar� ���ea where there is a difficult corner and is diff�cult to travel with cars parked on the roadway. Councilman Breider said a resident of the area had called him and indicated that the pet:i:o,n would be presented at the meeting, and also that some of the residents would like to make comments concerning the parking problems in the apartment area. � � � Mr. Joseph Wood, Manager of an apartment building on Satellite Lane addresscd the Council and explained that previously there had been no park�ng signs on both sides of the entire street. Now, according to Mr. Wood, ihere is parking allowed 30 feet beyond the s�gns in some areas Mr. Wood explained the problems incurred in showing the apartments q fp`� REGULAR COUNCIL MEETING QF APRIL 21, 1975 PAGE 2 to rental prospects when they are not allowed to park in the front of the building, but had to be directed around the back of the building and told where it would be feasible to park. He also said the parking in the back of the building is set aside for the residents of the building and there is not adequate space for park�ng of visitors of the residents. Mr. Wood requested the Council consider allowing limited parl;ing on the north side of the street in front of the apartment buildings. Mr Wood explained that all of the res�dents of the building had 6een notified concerning the enforcement of the no parking regulat�ons and at times there are some difficulties. He�aid when there is a car parking in this area and they are not able to determine the ownership of the vehicle, they call the police and have the vehicle hauled away. Mr. Wood suggested some modification of the requirements 6e taken such as limited two hour parking on the north side He continued to comment that with the amount of taxes paid to the City by the complex, he thought it would entttle the res�dents to have more desirable parking conditions. Ms. Marcia A 5adowski, 155 Satellite Lane, Apt. #32, addressed the Counr_�l and said she had had problems with the situation being there is no place t`or visitors to park. She painted out if she were to have a dinner party or br�dge party, there is no place for the guests to park. There is not enough area �n the back of the building for both residents and vtsitors. She requested that some space in the front of the building be allowed. Mr. Sadowski said many prospective tenants are frightened off by the tedious parking situation She also mentioned that people are reluctant to e�isit the residents because they do not want to be forced to walk for several blocks after parking their car. She again requested the Council consider limited parking Mr. Alvin �. Wadman, 155 Satellite Lane, said he had called Councilman 6reider concerning this matter after he had noticed that there is parking across the street in front of the homes that are occupied by the people that had requested no parking in the area. Mr. Wadman said he objected to the reasoning that the chidren in the area are in danger �when walkino to catch *_he bus. He stated he could count the young people from the apartments that catch the bus on his hand and the ma�ority of the students come from the other direction. He thought the problem of parking would be �ust as serious on all of the streets in the area if this was to be considered criteria for this regulation. Mr. Wadman requested parking in the front of the bui7ding to allow the visitors to park in frontof the doors. Councilman Breider stated the problem in the area is that of the apar*_ment oH�ner in that not enough space was provided for parking when the building was constructed. He sa�d this matter had been reviewed by the Council and staff a number of t�mes. Councilman 6rE���9er said there is a real problem in the winter months because it is diffic�alt to make the turn. Councilman Breider said he 6elieved this to be a difficult situation and he sympathized with the residents of the area. Councilman Breider questioned the feasibiltty of the owner purchasing some additional property to the west of the complex for additional parking. He asked hoH; this property is zoned. The Public Works Director said this is zoned industrial. Councilman Breider asked if the owner had ever been talked to about the additional parking facilities. The City Manager satd the staff had worked on this posstbility and had drawn a sketch of the proposal for the owner. He said there is a vacant �iece of pro�erty to the west of the buil�ing. The City Manager expressed the opi m on that another possibility may be to nave the owner petition for an increase in the size of the roadway. He said if it were more than 31 feet wide, this could accomodate more parking and alleviate the problems. �He said if the apartment owner is willing to bear the cost, this t��,�uld be a possibility. The City Manager said if. there is no solution to the problems immediately,there is also the posstbility of creating such limited parking for a short period of time. Councilman Breider said he did not feel the two hour limit would be feasible especially in the case of tYie lady who had mentioned bridge parties. He questioned if the guests would want to go out and move their cars to comply with the two hour limit He also asked if the City would be capable of enforcing this type of requirement stating the cars would have to be constantly checked and marked for the length of time they had been in the area. Councilman Breider said he would suggest that the property ovmer be encouraged to purchase more land or that the street be widened. Councilman Starwalt said he fully agreed wtth Councilman Breider that no change be made in the area at the present time and that some alternative solution be considered �08 REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 3 Councilman Starwalt directed his corranents to the people present and to the people residing in the apartments and asked if they had ever contacted the owner of the bu�ldin9 and requested additional facilities 6e furnished. He suggRSted they all work together for a proper and suita6le solution. Councilman Breider also questioned if the person who owns the huilding had been contacted for a soiution. The aeople present said the owner had 6een aware of the problems. Councilman Breider asked what the owners reaction to the pi�oposal of addit�ona7 property for parking had been. Mrs. Wood addressed the Concil and said this�proposal of providing additional parking to the west of the bu�lidng had been discussed with the owner and he had indicated he was not in a position at the present time to purchase the additional property. She recalled at the time the buildin9s were being ccrstructed there was adequate parkvng and there was no thought of the needs of the future. Mrs. Wood said she had carefully �nstructed new tenants on the parking regulations of the area at the time they rented space. Sh� ind�cated each of the residents is provided with a set space rn the 6ack of the building. Mrs. Wood confirmed the remarks concerning the hassle involved in showm q the 6uildings f,or rental and said by the time she had to explain to the prospective renter how to come to the area and meet her in the back of the building so she can point out the proper parking area, this discourages the people from even looking at the apartments. � Mayor Nee asked how the people of the area would feel about some parking meters which would require the deposit of around 20¢ to park in the area. Mrs, Wood pointed out the fact that in other areas, this is not required and she did not think it would be fa#r to the residents of the area. She stated she thought this would constitute discrimination toward the people of the area. The City Attorney meniioned he knew of the property to the west and believed th-rs belonged to Carlson LaVine and is located ad�acent to the new construction being done by RAO manufacturing. The City Attorney said he had ta�lked to the o�vner of the property and believed there to be a possi6ility that this parcel could be leased for a number of years, if the apartment owner did not choose to purchase any property. Mr. Wood asked if the suggestions of the City wouid be subm�tted to Mr. Edstrom, the apartment cemplex owner. Councilman Breider suggested that the property owner be informed of the City's ou�.line of possi6le solution and that a copy of the petition signed by the residents of the apartment complex also be given to the owner. MOTION by Councilman 6reider to give the apartment owner a reasonable amount of time to come up with a solution f�r the parking prablems on Satellite Lane and that the Administrat�on be dtrected to prepare a document for the owner listing the possible alternative solutions and suggestions and that a copy of the petition be sent to the owner and that the on street parking may be open for abaut a period of two montfis untii some solution to the problem is devEloped by the property owner. Seconded by Counc�lwoman Kukowsk7. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. � Mayor Nee asked the apartment manager if Mr. Edstrom, the apartment owner 7s in the City of Fridley often. He questioned if he could be asked to stop by and see the City Manager so that mr�nunrcations could be open on possible solutions to the problem. Mayor Nee explained that the Coar,rf] wants to accomodate the problem and perhaps there could be some yive and take. MRS. KATHLEEN MALONE, 6131 BENJAMIN STREET, RFQUEST FOR PLACE OF STOP SIGN ON 3�NJAh1IN STREET: Mrs. Malnne addressed the Council and ind�cated th� the residents in the neighborhood had petit�oned the City for placement of a stop sign and a sign had been installed, but not in the location where the property owners had requested. She stressed a real need for the sign in the area where it was requested. Councilman Starwalt asked if the area could be reviewed for the placement of the stop sign on Ben�amin Street at Briardale Road and also Benjamin and 61st, He reiterated the remarks that this had been petitioned for and the people were under the impression that �t would be placed in the location desired. He ind7cated he did not feel that the sign that was placed in the area was the real answer to the probiem and he would iike to point out some reasons for this that had not been noted previously, He explained that there is a bus stop for young people attending school on the corner and there �s a great deal of construction work going on in the area. He said the traffic creates a � � � , ��J REGULAR COUNCIL MEETTNG OF APRIL 21, 1975 PAGE 4 a hazard for the children meeting the bus. Councilman Starwalt said there is a speed or dragging situation occurring and this is enhanced by the wideress of the street. He also commented that as long as this area is continuing to develop, he believed that the stop sign is placed in the position requested. MOTION by Councilman Starwalt to instruct the Adm�ntstration to piace a stop sign on the north and south sides of Ben�amin at Briardale Road. Seconded by Councilwomen Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MR. KENNETH SPORRE, 301 IRONTON STREET N. E,I"d'd'IT;T��"I FOR MEM6ERS OF TFIE COUNCIL TO VISIT CITY PARKS AND NORTH PARK: Mr. Sporre addressed the Counctl ard�nvited all present to tour the City and v�ew the action being taken by the City High School students in cleaning of the parks and North Park. He explained the students would be installing temporary br7dges in North Park. He again invited the Council to go out and see what the High School students would be do�ng and ind�cated that this would be the following day. OLD BUSINESS: ND. 583 - TO AMEN� CNAPTER F THE CITY CODE Councilman Breider said this would be making a few changes in the ordinance to better allow for the removal of snow on the City Streets. MOTION by Council�man Breider to waive the reading of the ordinance and adopt Ordinance No. 583 on second reading and order publication of the ordinance. Seconded by Council- man Starwalt. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS. OF APPLICATION OF STORM SEWER ESCROW FUNDS IN THE BRIARDALE The City Attorney said he had met with ihe Aitorney for Mr. Richard Miller that afternoon and the Attorney had requested that the Council continued the consideration until the first meeting in May. Mr. Herrick said the Attorney had sa�d he would like to outline h�s position on the matter in writing before that time. MOTION by Councilman Starwalt to table�the cons�'Qeration of the escrow accounts in Briardale Addition until the f�rst meeting in May. Seconded by Counc�lman Breider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, (Note• Further action was taken later in the discussion.) Mr. Dennis Schneider, 6190 Stinson Blvd., addressed the Council and pointed out that there were people from the area present and perhaps they would like to comment on the matter. A resident of the area asked what the cons�deration meant at this time. Mayor Nee explained that the developer, Mr. Richard Miller, had escrowed monies for storm sewer improvements and Mr. Miller believes the money should be returned to him and the City feels it should be applred to the storm seNRer assessments. The City Attorney said he did not want to speak orn the feelings of Mr. Sei]er, Richard Miller's Attorney He indicated that Mr. Miller had individual contracts with the property owners in the Briardale area and this might have some bearing on the problem. He sa�d thisis a decision that either the Council or the Courts would have to make. Councilman Starwalt said he was aware of three d�fferent contracts ihai the developer has entered into with the property owners of the area. He said any decrsion on this situation might be out of the City's hands. The City Attorneysaid he agreed in that he had heard about three types of individual contracts between Mr. Miller and the home buyers The City Attorney said he did not wish to speak for Mr. 5eiler. The City Manager said there would be some concerns for the City Council regardless of the statements of the Attorney for Mr. Miller. He pointed out that if the property ._ �I_ �' REGULAR CDUNCIL MEETING OF APRIL 21, 1975 PAGE 5 owners were to be assessed, this would involve payment of penalties and interest at this point. The City Manager sa�d there are a number of alternatives open to t he Council. He explained that the Council c,ould decide to use the escrow money for the assessments and go ahead and authorize this. He said the money could be used for the assessments until the court of la:a determines the case. The City Manager explained that there is interest money being chargec! during this per�od when the escrow question is be�ng pondered The City Manager said the question of who is liable would relate to the payment of the interest and Kenalties. The City Manacer hoped for a settlement � �n the matter and indicated that the issue is causing public relations pro6lems for the administration. The City Mana9er said he did not know what additional material or information could be presented by the Attorney, he has provided considerable material and so had the administration. The City Manager said the admtnistrative recommendation would be to have the Council direct the administration to take the escrow monies and apply them to the as�essment. After this time, if the court would determine ;f this is allowe�j or not. The City Attort�ey said he did not see any legal problems, but there could be some accounting problems. Mayor Nee asked if the City had the foundation to apply the escrow money to the assessment account and the City Attorney said yes. Councilnian Breider referred to the contracts between the home 6uyers and Mr. Miller and said the home buyers would be required to repay the escrow money to Mr. Miller if the assessments are taken from the escrow account, or they would be responsible for the assessments themselves. Mayor Nee said there would be a problem between Mr. Miller and all of the home buyers He questioned if the City had had the mo m es escrowed in order to pay the storm sewer assessments. The City Manager said this,was cori�ect. The City Manger said the City had documents to the effect and the storm sewer escrow was required to have the assessments taken care of so that the future home buyer would not be faced w�th addit- � �onal assessments in the future. The City Manager said the people concerned had been calling City Ha11 and if there is nothing that could be done to atTeviate the situation at the present time, he recommended that the Council waive any penalty or interest that may be applied to the assessment accounts. Councilman Fitzpatrick asked if any of the people in the area had paid their assess- ments. A resident of the area said they had not. Councilman Fitzpatrick said he would agree with the recommendation to waive the interest if the amounts had not been paid by anyone. He said ne wculci suggest this if the City Attorney did not see any legal problem. Councilman Breider sa�d thiswould be a problem for the home oam ers if the escrow money was r�ut in the assessment account. He added, P4r. Miller may sue the home owners who ,L~ought houses from him. He said the City would 6e sued or the group of home buyers would be sued. The City Attorney said if the City applies the money to the assessments, the matter w�ll oro�a6ly go to a declaratory �udgement. The City Attorney said there is a good chance that the City's pos�tion would prevail. The City Attorney further explained that with the contracts between Miller and the home buyers, he thought Mr. t�iller would 6ring action to collect tfze money from the home owners. The City Attorney satd he thought the Council should consider this matter from the stand point of the home buyers and be a�,�are that they may have to pay the assessment amounts to Mr. Miller �n cash if the �udgement favors the City. He sa1�+ there are a good number of home owners involved and it may be possible for them to pay for a number of years as it s,�tinds now, and after the � ,7udgeinent, they would have to pay the entire amount at once in cash. The City Attorney commented that the C�ty is not involved in the individual contracts between these two parties and this would not be brought in to the court case with Mr. Miller and the City. He did mention as a practical matter, this may be a hardship on the home owners. A resident of the area asked if what had been paid before they had bought the home could be reimbursed The City Attorney said he woald not want to interpret t'�e contracts between Mr. Miller and the home owners. He said there is $11,000 in storm sewer escrow. The City Manager said there had been two storm sewer assessments in this area. Pro�ect No. 106 amounted to about $500 per lot, and, now Project No. 114 would be approximately $200 to $300 now. The F�nance Director indicated that some money from the escrow accounts had been applied to Pro,7ect No. 106 and Mr. Mzlier said that this should not have been done. He said the same procedure had been followed tn the transfer of the � l _l �J � ���� REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 6 Project 106 m�ney as had been done previously by the City and what is questioned at the present time. Mayor Nee said if the City has a claim right to the escrow money this shoulci he transfered at this time. He said if the previous policy is not going to be followed, the City would have to be consistant and forget about the escrow in all cases such as in the case of Mr. 0'Bannon and other developers. The City Attorney said it might not be in the best interest of the property owners to do this. The City Attorney repeated t,i�at the property owners may be forced to pay Mr. Miller in case at his option. He suggested some agreement be established between Mr. Miller and the property owners. Mr. Dennis Schneider, 6190 St�nson Blvd., said he wasd not directly concerned in the matter, but recalled it had been mentioned at the public hearing that the home buyers had signed an agreement where they had waived any right or title to the escrow monies. The City Attorney read this portion of the copy of the agreement to the Council and audience. The City Attorney said he was not aware of the prov�sions of the agree�ents ur,til he had received his agenda. He said the escrow monies could be added to the principle price of the home or paid to Mr. Miller in cash. He said this would depend on the action of the �uncil concern�ing the escrow. T� City Attorney said if this was before the previous assessment, this may mean both project as he interpreted the language of the agreem��t�s, CouncllmanStarwalt asked if the Council would move to proceed as they have ln the past and apply the escrow to the assessment, this might �eopardize the home owners position. The City Attorney said this would have no bearing on the City's positionat all, The City Attorney suggested when the statement is received from Mr. Miller's Attorney by the City, it should be sent to the property owners of the area so they are_ aware of hts position. He said there�ight be some option that the property owners are not aware of or some ramifications. Councilman Starwalt sa�d he thought the Counc�l shou�ld take action on the matter. He recalled the matter had been brought to the Council's attention in the midd7e of March and thts should have been resolved by now. The City Attorney said he would not ob�ect to the Council taking action onthe matter. Mayor Nee said this action defends the policy tiie Council has been using He �id if the City backs off, there will be other escrow accounts �n �eopardy Mayor Nee said he believed t!;ai escrow is a good principle if the people involved read the fine print, they will knoUf that this is taking place. MOTION by Councilman Starwalt to take the matter of the storm sewer escrow in the Briardale area from table. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to apply the escrow funds to the assessments for Pro,7ect No. 114 in the Briardale area as had been done in the past. Seconded by Councilwoman Kukowski. The City Manager indicated that if the escrow money is applied to the project, this would document some action. He feared �f something is not done the matter could be under discussion for another year. He indicated that the people at the present t�me would have a choice of how to handle the payment of the claim, hut after th�s act�an they may be required to pay the lump sum. Mayor Nee said he felt the developer was being given the im ttative in this matter. Councilwoman Kukowski asked if this matter had ever been a prob:em in the City before. The Ctty Manager said no. Counctlwoman Kukowskt asked if the City had enough d�cumentation, why would they have to wait for any information from the Attorney? Councilman Breider said he was going to vote against the motion. He explained that he supported the eccrow, but was concerned about the people who would have to pay back the escrowed amount �n full at the present time. The City Attorney said the Council might be confusing the agreement with the people and the contractor with the concerns of the City He indicated that if this matter would 6e involved in court, that it would be possible for him to indicate to the court that the contracts with the individual property owners are irrelevant to the consideration of the action between the C�ty and Mr. Miller. �_ � 2 REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 7 The C1ty Attorney mentioned that the City had �egun the escrow procedure to ensure that the rro;pective home buyers would be notified that the future assessments may be pend�n9 on the property. He �ai�l being that the people were r,ot�fied even if they had signed the waiver, the City purpose had been satisfied. The City Attorney continued stating �f theC�ty's position prevails, and he mentioned he thought it would, this might have some effect on the home owners, but from the legal standpoint, th�s is extemporaneous. A resident of the area questioned the validity of the transfer of the obligation. � He said if Mr Miller is obligated to the City of Fridley, how can he transfer his obligation to the home buyer. He said �f this �s a va7id transfer, the property owner would owe Mr. Miller the money. Mayor Nee quest�oned if any of the homes were being financed through FHA. A resident sa�d the ma�ority of the homes are conventional mortgages. Mayor Nee explained with FHA financing, the assessments have to be taken care of by the seller. He added, he did not know about conventional financing. A resident of the area mentioned if he is transferrin9 the obligation, th�s may 6e legal, but he questroned the moral responsibil�ty. Mayor Nee asked the resident if he wanted the C�ty to lay claim to the escrow money at this time, The res�dent'�said he thought the City should claim the money for the assessment accounts UPON A ROLL CALL VOTE, Mayor Nee vot�ng aye, Councilwoman Kukowski voting aye, Council- man Breider voting nay, Councilman Starwalt voting aye, and Councilman Fitzpatrick voting aye, Mayor Nee declared the motion carried four to one. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 9. 1975. MOTION byCoucnilman Breider to receive the minutes of the Planning Commiss7on meeting of April 9, 1975. Seconded by Coucnilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIUING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 15, 1975: THE CITY HAS RECEIVED A MR. ATTORNEY FOR MR. RICHARD �. T WAS Mayor Nee asked if this item should be held until the recommendation of the zoning is received by the Planning Coqmission The Public works ��rector said he did not believe the item was contingent upon the recommendation of the Planning Corr�m ssion. He said this current matter is not related to the consideration of the Planning Commission. The Public Works �irector explained that the concern was in�tiated by a letter from Mr. Wyman Smith to the Zoning Administrator, when he requested an interpretation in the granting of the intoxicating liquor license as a legal non-conforming use. The Public Works Director read from the memorandum from the �oning Administrator to Mr. Wyman Smith �n answer to P4r. Smith's request for a determination dated April 7, 1975. The Public Works Director it had been determined that the license not be issued under the provisions of the eyisting non-comforming use. Ne listed the reasons for denial as noted in tha memorandum to Mr. Smith. The Public Works Director r�r,�ntFd out on page 4-F of the agenda, the Board of Appeals had recommended to the City Council deny the request as per Section 205.182, Subdivision 1, to reverse the interpretation of the Zoning Administrator. He said the recommendation of the Board of Appeals was that the variance not be granted. He also noted on page 4-G of the minutes that the Board of Appeals had requested the City Attorney to prepare an opin�on on whether the Board of Appeals had ruled properly. The Public Works Director read the communication from the City Attorney dated Aprii 17, i975 in answer to thisrequest. Mr. Mark Haggerty, from the law firm Smith, Juster, Feikema, Haskvitz �nd Casserly, re;_�resenhn� Mr. Po4'.itzki addressed the Council and said he had rec�tiv=�d the letter from the C�ty Attorney. He requested th� the matter be tabled until the rezoning request recommendation from the Planning Commission is obtained. MOTION by Councilwoman Kukowski to table the cons�aeration of the appeal of the �oning Administrator's interpretation. Seconded by Couin�ilman Starwali � � .� � � ' � . �1 RE6llLAR CQUNCIL MEETTNG �F APRIL 21, 1975 PAGE 8 Mr. 6i11 Drigans addressed the Council and said the Zoning Admin�strator had indicated there were two distinct problems. He said the considertion by the Board of Appeals recoinmendation was ,7ust based on the Zoning Administrator's letter, not the rezoning of the property. Mr. Haggerty said he agreed with the statements made by Mr. Drigans, but he felt it would be best if the two considerations were taken care of at the same time. UPON A VOICE UOTE, all voting aye, Mayor N?e declared the motion carrted and the consideration tabled. MOTION hy Councilman Starwalt to receive the minutes of the Board of Appeals Meeting of April 15, 1975. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarnmously. RECEIVING THE MINUTES OF THE BUIL�IPJG STANDARDS-DESIGN CONTROL SUBCOMh�ITTEE MEETING OF nnnri in in�c. CONSIDERATION OF A REQUEST FOR BUILDIN6 ALTERATIONS FOR USE AS A AUTO AGENCY• LOCATED ON LOT l, 6LOCK 1, PEARSON'S ADDITION. THE SAME BEING 7701 EAST RIVEP ROAD, FRIDLEY, MINNESOTA. REQUEST BY STEPHEPI'S BUICK, 2370 S. HIr,HW Y 10�, P1IP!��EAPOLIS, MINNESOTA : The Public Works��trector said this item wo�ld not be cons�dered by the Council until the matter of the special use permit was resolved by the Planning Commission CONSIDERATION OF A REQUEST 8Y ISLANDS OF PEACE TO CONSTRUCT A BRIDGE FROM NAYES RI The Public Works Director explained the proposal for the construction of a brid9e from Hayes River Lot to Chases Island which was to be done according to the rules of the flood plain ordinance. Hc exolained that the br�dge would have to be constructed so it would not be affected by flooding. He noted that there will have to 6e a foundation so the bridge could not float away. The Public Works Director continued to explain that the bridge meets the set back requ�rements and will be eight feet vaide to allow two wheel chairs to pass one another. Ne continued to comment that there will be 12 foot stalls for handicapped parking and 10 foot stalls for regular parking. Mr. Sobiecn explained that the Subcommittee nad recommended approval of t;�e request with the stipulation that additional landscaping be done on the green area. MOTION by Councilman Fitzpatrick that the request for the construction oi a bridge be approved for the Islands of Peace with the stipulation that additional landscaping be done on the green areas. Seconded by Councilman Bre�der. Upon a voice vote, all voting aye, Ntayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Building Standards-Design Control Subcommittee meeting of Apr71 10, 1975. Seconded by Councilwoman Kukowsl:i. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. RECEIUING REPORT P.EGARDING BUS SHELTERS: Mayor Nee said he had asked the City Manager to have this item be brought to the Council for consideration. He explained that a representative of the MTC had indicated that the City wou]d be able to qet more bus shelters than had been allocated for the City if they would agree to construct the slabs that the shelters are constructed on. He ment�oned he had asked the City P9anager to prepare some material for the Council to consider. The City Manager referred the Council's attention to page 6-A of the agenda which had a map of the City w�th the four existing shelters in the C�ty. He continued to expla�n that the three allocated for the current year were marked on the map and the other areas where shelters had been requested through the MTC were also marked The City Manager explained that the pads or slabs would cost the City �350 each The cost per shelter for MTC would be approximately $3,Q00. Mayor Nee suggested that the Council adopt a resolution indicat�ng they would author�ze the construction of the pads if MTC would furnish the shelters He suggested that the City request ten shelters at this time, or seven additional shelters for the year. Councilwoman Kukowski asked if the City could afford the $350 aer pad. The City Manager said the money would be ava�lable through unappropriated funds in the budget. ' �.„ REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 9 Mayor Nee �ndicated he agreed with the placement of the shelters proposed in the [lovre Lake area and also the one south on University. Councilman Breider asked �f the Counc�l would be sure that the shelter on 73rd would be needed Mayor Nee sa�d it would seem to him that the apartment areas whould be considered. The Public Works Director explained that the proposed sites on the map are those � which had been requested by property owners in the areas through the City or MTC. Ne explained that the MTC will conduct traffic studies in the area that are proposed. Councilwoman Kukowski mentioned that there had been two shelters proposed for the 73rd area. She questioned if one of those could be �leleted fram the proposal. 7he Public Works Director sa�d this would be possible, but those on the map had been proposed by MTC, and they had studied these areas. Councilman Bre�der said he had never seen people standing at the area on 73rd. He said he had seen the bus standing there, but not people. He said he did not understand the placement of the shelter on the east side of University on 73rd Avenue. Mayor Nee said the ona 6y Holiday could draw a load as well as the one off of 61st and University. Mayor Nee said he saw people on this 6ench waiting for tfie bus all of the tirie. Mayor Nee said the placement of the shelter near the Meadow Run apartments will also draw a load. Councilman Fitzpatrick said Lhe iwo areas he is familiar with had sheiters proposed for construction this year. The C�ty Manager said if it was the consensus of the Cn�_j�cil that additional shelters be proposed with the City instaliing the slabs, he would bring back a resolution and map which could be amended if the Council desirec�. MOTION by Councilman Breider to direct the Administration to prepare a resolution and � proposal for Councii consideration at the first meeting in P�1ay, f4ay 5, 1975, which would suggest the installation of ten bus shelters to be constructed the current year. Seconded by CouncTiwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimcusly. CONSIDERATION OF A RESOLUTION RECEI�ING THE OVERALL PLAN FDR WATER MANAGEMENT OF RICE CREEK WATERSNE� DISTRICT AND REQUESTING ITS IMPLEMENTION: The Public Works Director explained the proposal to be mostly history of the area. He said the first seven chapters of the overall plan deal with the general historical information and conc,itions and the last t,ao deal with recommendations or certain polictes to eliminate the problems. He said the final chapter is pro,7ects ttiat they propose to institute. He said their proposals refer to channelization improvements in the lo�rer reaches of Rice Creek. He said the overall plan would be available to those wishing to review �t and he added the plan is basically deal�ng with areas that the City had been concerned with for a num6er of years He recalled the Council's attent�on that the C1ty had prepared a report on the matter the previous year because there are some problems w�th Rice Creek. The Public Works Director sa�d he thought the funding should be provided through the Fice Creek Watershed District on a district wide bas�s. He e;;pla7ned that the Rice Creek Watershed District would have the authority to determ�ne the benefited property owners. He explained that the City had prepared a petition for some improvements � in the area, but had decided that this may make the City liable for the costs. Mr �obiech sa�d the resolution of this type without the petition would be adequate at �:his time. The City Mana9er said the plan had just been brcught to the Council and if they so desired, the plan can be considered at the first meeting in P1ay. He said the plan had been brouqht to the Council's attention to make them aware of the plan. Mayor Nee asked what rechannelization would be. The °ublic Works Director said �r some cases this would mean straightenin9 the flow and �n others allowing the proper flow without erosion. He said it would be their intent to keep the creek as �t is, but in some areas, as it exists, there are problems. He also added that this may ju�t mean planting the proper vegetat�on to stop erosion. He said this does not mean that they would create a stra�ght shot of the creek. He said if there would be too much REGULAR COUNCIL MEETING OF APRIL 21, 1975 alignment, this would create more siltation problems PAGE 1D Y �_� Councilman Starwalt said he was goinr to question if the curves would be straightened out, but this question had been explained. Councilman Breider asked if the Fridley Environmental quality Commission had seen the �overall plan. Mayor Nee said there were a lot of people that should be concerned Counctlman Starwalt asked if the area in question was Locke Lake The Public Works D�rector said this is what is referred to in the far reaches of Rice Creek. Mayor Nee asked what is mean* 6y holding up the stream The Public Works Director said this would only be within certain development. He said below the area, there is no way to get involved in storage sztuations downstream. CouncilmanStarwalt said he thought the matter should go to the Environmental Quality Commission before the Council considers it. Councilman Ereider said he could not believe that the costs of the p7an had not been discussed. He questioned if there would be any way to determine what Fridley's portion of this pro,7ect might be. The Public Works Director said without the research which is to be done, there would be no way of determining this Councilman Breider asked if the Administration could prepare a ten page summary of what the report contains. The Public Works �irector said he thought this was possibie Councilman Breider said he would like to know what they are proposing and what the costs will 6e. He said the people of the area would be be calling him and questioning ,him on this type of information and he would want to know what to tell them The City Attorney said this detailed information may be difficult to determine at this time because the plan is just an overall plan. He said the problems are mentioned, 6ut he doubted if the answers to the channelization or costs could be determined at this time He said there would have to be a preliminary study before this would be available. The C�ty Attorney said no definite plans for the improveir�z�tx through the City had been set out in the plan. The Public Works Director said perhaps he should read the section in the plan that directly related to the Fridley area and he read the following: "G. Channel Improvements• Rice Creek, particuiary along �ts final reach in the Fridley area, is in serious need of various channel improvements. At several locat�ons, the stream channel is in a state of disrepair, resulting from the long term effects of flooding, natural weathering, and the pressures of heavy uses. In the vtcinity of Locke Lal<e and at other points in the Fridley area, sed�mentation is a ma�or problem, associated with a erosion �nder,. It is proposed that the Board of Managers assign re]atively h�gh priority to a channel improvement pro,7ect along lower Rice Creek, from 6elow Long Lake to the Mississippi River. The first state of this pro,7ect would comprise a detailed inventory of the stream channel, including close examtnation of all hydrolic structures. An analysis would then be made of available hydrolic and geologic information in order to establish specific design requirements for channel improvements, eg, the use of settling basins for the control of sedimentation in the vicinity of Locke Lake. A specific action plan, schedule and budget would then be established for improving the Rice Creek channel in the Fridley area." The Public bJorks Director said, perhaps this would mean dredging of Locke Lake. �The City Attorney said with the Rice Creek Watershed D�strict as large as tt is, a small mill levy could raise quite a bit of money. He bel�eved that the improvement of the creek would have some benefit on the entire distr�ct. He mentioned that the representatives of the District should be having a meeting soon and the City may 6e able to ftnd out what their plans are �n this area. He questioned if only Fridley and New Brighton would be assessed for the work being done in the lower reaches, he thought the City should be aware of this. He added, hopefully, the money can be taken out of State funds or a broader area of assessment. The City Attorney said the Rice Creek Watershed District would have the power to say who is benefited and who would be assessed. He mentioned that they would also be able to use the subdistrict approach. He suggested the City try to get them to use the advalorem tax for the entire District. Councilr�an Breider said the policy on what they are going to do had not been established. He agreed with the use of the advalorem money stating they may have a couple of years accumulated before the time of the actual assessments ��� REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 11 Mr. Kenneth Sporree addressed the Council and said he beiieved it would be a good idea to give the plan to the Environmental Quality Commission for their review. Mayor Nee said many people live on the body of water �hat will have an interest in this plan. He said there should be a hearing on the plan with those affected being involved. The City Manager said by the Council resolution proposed, the Council was not saying it would be feasible to assess. Mayor Nee said the resolution states that this is an adequate plan. He said he would hate to see a sweer through Rice Creek and without detailed plans, he could not state that the plan was adequate. The City Manager said the document is available and if the Council would like a summary of the plan, this could be fur m shed. He said T'� the Council has special comments,these could be brought out. He said this is what the Co��rcil had been working for. The City manager questioned the direction that should be taken at the present time. He said some additional information shouTc' be provided to the Council and the,matter could be brought back on May 5th. He said the proposed resolution would tell the Rice Creek Watershed D�strict to move along to the future steps in the plan. He said th e matter could be brought with the summary report and the Council could go into depth on it. He thought when the plans get to the pro,7ect level, the he�rings and commissions should be considered. He said the present plan is only saying that the sedimentation and pollution problems should be taken care of. He thought that the City should indicate that this should be done without destroying the natural environment, then the input of the citizens on the creek and the Commissions in theCity and everyr.,ne else could review the plans when they are presented. The City P1anager said the City should know what the plans are before the public hearing. Mayor Nee said he would like to get the people involved in the begining rather than half way through the pro,7ect. Councilwoman Kukowski asked if the citizen input could be gained through the Environ- mental Quality Cor�r�nssion. The City Manager sa�d he did not feel that there would be an,y action on the plan until the next year. He said the information wouid be made available. Councilman Breider said he would like to have a precedent set and have the material forwarded to the Environmental Quality Commission. He said he would like the Commission involved r�ght now because this �s a concern that they should work with. He mentioned that there are people on the corrmission that have done a great deal of research and are well qualified to speak on tf�is type of matter. He said he would not favor the Council telling the Rice Creek Watershed District to go ahead at this time and have them come back with a plan. He stated he believed the people should be involved at this time, very early in the process. Mr. Sporre addressed the Council and said it is what happens north of Fridley that would bother him. He saitl this is the area where the controls should be placed, not corrective measures to correct the northerly fa�hnns upstream. He thought the summary or ten page report would be worthless to work from on the Commission level. He said he would like to know what is haprening in the plan before the Fridley area. He said he would li'sce to know what measures are being taken from Lino Lakes to alleviate theproblems being picked up downstream in Fridley. � � Mayor Nee said the current plan is a general proposal. Holding basins are mentioned � and are to be used before the storm drainage gets to the creek. He said as far as the creek system, this is more of a hydro'uyic system, and this should be calculated m the report. Mr. Sporre said the City should not receive a plan that the Rice Creek Watershed Dtstrict says, "this is what you are going to do, and this is what you are going to get". Mayor Nee said he thought the City should notify the people on the creek before any steps are taken. He said if he resided on the creek and there was something to be done there and he had not heard about it, he would be upset. He said if the City would say that the action is going to be harmless, everyone would not buy this. He questioned if the plan would be harmless. The Public Works Director said it would 6e beneficial. Mayor Nee said the Council wouTd have to strike some balance. � 1 �� REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 12 MOTION by Counc�lman Fitzpatrick to direct the Administration to refer the overall plan to the Environmental Quality Comnission and that the people living on the creek be notified so they can attend th��meetings of the Commission. Seconded by Coun�ilvroman Kukowski. Councilman Breider said he felt that the City should notify the Rice Creek Watershed District that the plan ts being taken under advisement and closer scrutiny of the 'of the Environmental Quality Commission and that the City would get back to them some time in the near future. The City Manager said he would inform the District that the plan is being studied and the City would respand so6n. UPON A VOICE VOTE, all vot�ng aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 60-1975 - SUPPORTING AMENDMENTS TO MANDATORY COMPREHEPISIVE P � rrrri nTrnn�. Mayor Nee said the action of the Council in this instance may be after the fact. The City Manager exp7ained the Legislative Subcommittee had approved the proposal by a vote of ten to two. The City Manager referred to the proposed resolution and read the following• "1. Mandatory camprehensive planning only as it relates to the me±ropolitan systems of transportation, sewers, parks and open space." Ne said these are the only areas where they should have control. Mayor Nee questioned the reasons for the Metro Council becoming involved in parks and open space. The City Manager explained that this would be included in regional park grants for parks such as Lino Lakes and the Chain of Lakes. �Mayor Nee asked if the Metro Coucil would have veto power on the plans for ihe parks in the Fridley area. The City Manager said no, only when there is metro significance. MOTION by Councilman Breider to adopt Resolution No. 60-1975, supporting amendments to mandatory comprehensive planning legislation. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 61-1975 - ORDERING PRELIMINARY PLfIVS,SP�CTFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PRO�ECT ST. 1975-1. ADDENDUM #2: The Pu61ic Works Director explained that initially this section of improveinert was not part of the public hearing, now the people have requested this section of improvement. He mentioned that the applicant had presented a petition to watve the public hearing. MOTION by Councilman Breider to adopt Resolution No 61-1975, ordering preliminary plans, specifications and estimates of the costs thereof: Street improvement Pro,7ect St. 1975-1, Addendum �2. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . 62-1975 - RECEIVING THE PRELIMINARY REPORT AND RECEIVING PE MOTION by Councilman Starwalt to adopt Resolution Mo. 62-1975, receiving the preliminary report and receiving Petition No. 5-1975 to waive the pub7ic hearing on the matter of �the construction of certain improvements, Street Improvement Pro�ect St. 1975-1, Addendum #2. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RCSOLUTION N0. 63-1975 - ORDERING I"1PROVEMENT AN� FINAL PLANS AN� SPECIFICATIONS MOTION by Coucmlman Breider to adopt Resolution No. 63-1975, orderinp improvement and itnal plans and specifications and estlmates of costs thereof: Street Improvement Pro,7ect St. 1975-1, Addendum #2. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1975 - OR�ERING IMPROVEMENT, APPRO�AL OF PLANS AND ORDERING ADVER-fISEMENT TMDAMICMCAIT oon.icrr cT to�G_i 11f1I1C�If111M +��• MOTION by Coun�ilwoman Kukowski to adopt Resolution No 64-1975, ordering improvement , ,, �. _! ,� REGULAR COUNCIL MEETING OF APRIL ?1, 1975 PAGE 13 approval of plans and specifications and est�mates of costs thereof, Street Improvement Pro,7ect St. 1975-1, Addendum �2 Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. DISCUSSION REGARDING VACANCIES ON PLANNING COMMISSION: Councilwoman Kukowsk� said she could not see how the Planning Comm�ssion was operatrng o��th only three members She said �t may be June or July before the Council can appoint , any new members with the consideration of the revamping of the Subcommittees. She suggested that the l/ice-Chairm�n of the Subcomnittees be temporar7ly seated as member of the Plann�ng Commission until this time when appointments would be made. Councilman Fitzpatrick said the Subcommittee Vice Chairmen have been doing th�s. The C�ty Manager explained that this process had been started the previous week and there would be no action necessary by the Council because this is automatically provided for by the ordinance Counc�7woman Kukowski said she had heard that this procedure was possible within the City Code and she thought there was some problem in getting it initiated. Council- woman Kukowski asked what about the Parks and Recreation Vice-Chairman, was he interested in serving on the Planning Corrmission. Councilman Starwalt said he thought Mr. Blair did not want to serve and asked if the same was true for P1r. Peterson. The City Planager said he had no definite information concerning these questions. Councilman Fitzpatrick said there is still a problem with the shortages of inembers on the Subcommittee Cou,ac�lman Breider questioned if the Chairman of the E��vironmental Quality Commisston could be a temporary voting member of the Planning Commission. He asked if there was any way that th�s would be possible. The City Attorney said the Planning Commiss�on's dec�sions could carry some weight in the decisions of the Council and if the C�ty were � involved in any litigation and someone was voting, and this was not authorized by ord�nance, the City would be �n a poor position in such litigation. He suggested that the V�ce Chairmen of the various Subcomm ttees be limited as voting members until the ordinance concerning this is amended. Councilm�n Breider again questioned if this could be done on a temporary basis until the ordinance is amended. Mayor Nee said there are five members voting as it is now. Councilwoman Kukowski sa�d the Chairman of the Environmental nuality Commission has more input because he has been seated on the committee longer. The City Attorney said this should not be done until this structure is set forth in the ordinance. He :,aid if the ordinance is adopted as proposed, �he Chairman of the Env�ronmental Quality Commission would be a votin9 member He said an ordinance amending this portion of the ordinance could 6e brought to the Council at the next meeting with the second reading o�: the sarie night as the publ7c hearin9 on the complete ordinance. Mayor Nee said the Council would be taking some action on the proposed ordinance by the end of May. Councilman Bre�der asked when the Pu61ic Hearing is scheduled and the City Manager said May 12th. Councilman Breider said he felt the Chairman of the Environmental Quality Comnission shoulcl 6e a votin9 mem6er as soon as possible. The City Planager said if this is the des�re of the Counc�l, the ordinance can be brought to the Council for first reading at the puUlic hearing meeting and the following week with the second reading. He said if thts was delayed any longer, the appointments coulri be in June. He said with the ord�nance being prepared, the appoint- ment cnulci take place in May. , DISCUSSION_REGAR�ING CONFLICT IN TRASH PICI< UP REGULA?Ii��lS: Mayor Nee stated the confusion concerning the co7lection of trash in the City of Fr�dley noting that the trash men would not pick up the trash if it is not placed on the curb, the City will arrest those who �o put it on the curb and the State would prosecute those who burn their trash. Counc�lman BReider said he thought someone in the Administration had met with the trash collectors and resolved the questTon the prevTOUS yea!•. He asked what had been arrived at at that time The Public Works Director said he was not aware of this meeting. The City Manager recalled that there had been a meeting, but did not F:now the outcome. The City Manager further explained that he would check into the matter and report back to the Council. l ,i h, REGULAR COUNCIL MEETING OF APRIL 2l, 1975 PAGE 14 Mayor Nee asked what the Council thought of this idea of having to place the trash on the curb. Councilman Starwalt said if the collection firm would not pick it up unless it is on the curb, he would suggest finding one that would. Councilman Starwalt said his contract with the collector said the two cans would be picked up and if there is any additional trash, the home ou�ner will make arrangements for this to be picked up. �Mr. Ken Sporre said he had a firm that would not pick up anything that was not taken to curbside, �ust the bags. If the cans have bags of trash on the top of them, the bags would be moved and cans taken without the pick of the bagged material. � ' Councilan Breider said he thought'�,he situatior should be reviewed. He again mentioned he thought the problem had been solved. Councilwoman Kukowski mentioned she had no problems with collection, her collector takes everthing that is put out. RESOLUTION N0. 65-1975 - IN OPPOSITION TO ADOPTION OF SUBDIVISION D THAT AMENDS MINNESOTA STATUTES 1974 28A.09 AS INDICATED IN HOUSE FILE 1169: The City Manager said the bill had been proposed because some areas had raised the fee. He explained the approval of the proposal would take away the City's power to issue food vendin9 licenses, which they have the power to do at the present time He pointed out that the City would loose $>2,000 in revenue if this change was aporoved. He said this would make the service of inspectionthe responsibility of Anoka County and Hennepin County and he felt the City would provide better service. MOTION by Counc�lman Breider to adopt Resolution No 65-1975, in opposition to adoption of Subdivision D that amends Minnesota Statutes 1974 28A.09 as indicated in Flouse File 1169. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 66-1975 - AUTHORIZIfdG AP1D �IRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCELS 3050 AND 3180. UNPLATTED SECTION 11: MOTION by Councilman Breider to adopt Resolution No 66-1975, authorizing and directtng the splitt m g of special assessments on Parcels 3050 and 3130, Unplatted Section 11. 5econded 6y Covncilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 67-1975 - AUTHORIZING AND DIRECTING THE SPLITTI�IG OF SPECIAL ASSESSMENTS ON PART OF LOT 23, PARCEL 2800, Al1DITOR'S SUBDIVISION #22, AND PLATTIP�G IPlTO HEATHER un i c onin nnTTrnni. MOTION by Cou��cilman Breider to adopt Resolution No 67-1975, authorizing and dtrectino the splitt;;�?of special assessments on part of Lot 23, Parcel 2800, Audi±or's Su'+division No 22, and platting into Heather Hills 2nd Addition Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 68-1975 AUTHORIZING AND DIRECTINGTFIESPLITTING OF SPECIAL ASSESSMEPITS MOTION by Councilman Breider to adopt Resolution No. 68-1975, authorizing and directing the splitting of special assessments on Parcel 2400, Section 11. Seconded 6y Councilwoman Kukowski. Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS GENERAL 39705 - 39847 LIQUOR 9732 - 9769 MOTION by Councilman Starwalt to approve the claims. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously, LICENSES: CARNIVAL BY APPRCVED BY FEE Holiday Uillage [ferth Gold Amusements Publ�c Safety �ir. $225.�0 250 57th Avenue Dates: May 2- 11, 1975 1�,�� REGULAR COUNCIL MEETING OF APRIL 21, 1975 LICENSES CONTINUED. FDOD ESTABLISHMENT & DN SALE BEER ���..�P_� .i PAGE 15 FEE Fridley Firemen's Relief Assoc. sponsoring• Public Safety Director Non-profit Fridley Invitational Softba7l Tournament Commons Park 61st & 7 5treet N. E. Dates: June 20 - 22, 1975 MOTION by Councilman Breider to approve the licenses. Seconded by Councilman Starwalt. Councilwoman Kukowski questioned if the Fridley Firemen's Relief Association have liquor liability insurance. The City Manager said the Fire Department is a part of the City. Mayor Nee questioned the policy of the serving of beer in City parks. He felt this was aqa�nst the law and he thought the law should be ad,7usted rather than allow the irs;e when suited. The City Manager said somethin9 could be brought back for Counc�l consideratton. Councilwoman Kukowsk� questioned if this concern is brought up every year. Councilman Breider said this was requested by the Prosecutor. � The City Attorney suggested that something be done in the foriu of a resolution to determire City policy. The City Mana9er said this could be a topic of discussion at a conference meeting. He suggested the Council go over the pros and cons of the question. He pointed out that the law would have to be enforced. The City Attorney satd the Parks and Recreation commtssion and the Counc�l would have to agree on some course of action and to this point, he had not seen any consensus. Mayor Nee quest�oned how the law would be enforced, if this would be without exception, UPON A V�ICE UOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIR9ATE5: A. �. Chromy Construction Company 5051 West 215th St��eet Lakeville, Minnesota 55044 PARTIAL Estimate No. 10 for San�tary Sewer, Water & Storm Sewer Improvement Pro�ect No. 114 Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnisrnng of res7dent inspection and Resident supervTSion for the staking out of the following: PARTIAL Estimate No 5 for Sanitary Sewer Improvement Project No. 113 from March 3 throu9h March 29, 1975 PARTIAL Estimate No. 4 for Water, Sanitary Sewer & Storm Sewer Improvement Project No. 116 from t9ar•ch 3 through March 29, 1975 Weaver, Talle & ,'ierr�ck 6279 Untversity Avenue N. E. Fridley, Minnesota 55432 For Services Rendered far March, 1975 MOTION by Cour�cilman Breider to approve the Estimaies $ 4,568.30 � 129.71 $ 682.53 $ 2,273.d0 Seconded by Counciiwoman Kukowski. Councilman Starwalt asked if there was still a portion of Pro�ect #114 that had not been completed. The Public Works �irector said they are siill working on Alden 6Jay. UPON A YOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. � � iG� REGULAR COUNCIL MEETING OF APRIL 21, 1975 COMMUNICATIONS: PAGE 16 INDEPFNGENT SCHOOL DISTRiCT �f114; WAIVER OF FEES FOR HEARING IPJSPECTION PERMITS: The City Manager explained that the inspection or permit fees had been waived in the past for the School �istrict. MOTION byCouncilman Starwalt to�receive the communication from Independent School �District #114 and authorize that�he fees for the permits be waived. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Plee declared the motion carried una m mously. OFFICE OF THE SECRETARY OF TRANSPORTATION: NOISE CONTROL AT BURLINGTON NORTHERN NORTHTOWN YAR� Mayor Nee explained the Department of Transportation requested if they could review the'noise control system at the Great Northern Northtown yards. He mentioned they were quite impressed with this and would like to make a systematic ev�luation. He explained that tnis review would be in the form of running some noise through the system and change the noise and make determinations if the system is effective. He said the communication asked if the city would cooperate with them. He asked the members of the Council if they thought there would be any problems in the pr•oposed action and noted that the tests woul� only last a few days. Councilman Fitzpatrick said he felt it would be better if this were done in the winter months when people would not have their windows open. Mayor Nee satd th�s would not be blasting, it would be rumm �g cars through the area. Councilman Breider said he did not think it would be appropriate if the tests would be run 24 hours. Councilwoman Kukowski said this would only be done during the day light hours. Councilman Breider said if the tests were limited to the day light hours, this would be fine. Councilman Starwalt said the people of the area should be �l�rt=a ' to the tests. Mayor Nee said the Department of Transportation would take care of the notifying of the people of the area. MOTION by Councilman Breider to wr7te to the Secretary of the Department of Transportation indicating that the City would cooperate and that they should advise the City on the effectiveness on completion of the tests. Seconded by Councilwoman Kul:owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TRI-CO BUILDERS, INC.• REQUEST F�R REDUCTIOPI aF SPECIAL ASSESSMENTS AND RESOLUTION PJO. 69-1975 - DELETING ONE BUILDING SITE CHARGE ON LOTS 33, 34, 35, AfdD 36, BLOCK A, RIVER UIEW HEIGHTS ADDITION: ^ ihe Finance Director explained that this item had been before the Council at another time when the City Attorney had asked Council authority to settle the matter out of court The City Manager said this was the property in the action by Yesnes, Inc. and Tr�-Co Inc. are the builders. He referred to the previous situation and said there was a conflict concerning building on 50 foot lots as compared to the 100 foot lots and the Council had asked him to resolve the law suit with the understanding that the proposed action would �be taken by the Council. MOTION by Cou��ilman Bretder to adopt Resolution No 69-1975, deleting one building slte charge on Lots 33, 34, 35 and 36 Block A, Rtver View Heights Addition. Seconded by Counctlwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unam mously. FOR INFORMATION BY COUNCILMAPJ STARWALT FOR ALLEUTATION OF PROBLEM OF FIRE CALLS rni niir Tn cnnnvr t1CTCf`T/1D ni fl�RAC. Councilman Starwalt referred to the Fire Call report and said there are calls due to the faulty smoke de�ectar alarm at the hospital. He questioned if there would be some possibility of getting the alarms in order to eliminate this City expense. The City Manager said the Admintstration would prepare a report to the Council on this. �, - � , ��� REGUL4r COUNCIL MEETING OF APRIL 21, 1975 PAGE 17 MOTION by Councilman Starwalt to direct the Administration to prepare a report on the reason for the alarms and submit possible solutions. Seconded byCouncili�nman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously, ADJOURNMENT M�TION by Councilman Bretder to ad,7ourn the meet7ng. Seconded by Councilr�oman Kukowski. llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � and the Regular Meeting of the Fridley City Couricil of April 21, 1975 adjourned at 10:08 P.M. �� �3.Y��� yy-� Pat Ranstrom William J. Nee Secretary to the City Council Mayor ��/�-7s Date Adopied � ,