Loading...
05/19/1975 - 00015278MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 19, 1975 PAGE 1 The Regular Meeting of the Fritlley City Council of May 19, 7975 was called to order at 7:3D P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee said the Council inv�ted those present to �oin them in saying the Pledge of Alleg�ance to the Flag. ROLL CALL: MEMBERS PRESENT. Councilman Bre�der, Counc�lman Starwalt, Councilman Fitzpatrick, Mayor Nee. (Note: Councilwoman Kukowski was not present at the time of the Roll Call, but came in immediately after.) MEMBERS ABSENT: None. ADOPTION OF AGEN�A: The City Manager sa7d he would like to add consideration of an amendinent to the City's Towing Contract with Shorty's Towing. MOTION 6y Councilman Starwalt to adopt the agenda as amended with the addition of the Consideration of the amendment to the �wing Contract. Seconded by Councilwoman Kukowski Upon a vo7ce vo�e, all votin9 aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: MRS. LIDA ROBIDOUX. 6775 EAST RIVER ROAD. REOUEST FOR FUNDING AID FOR RECREATIONAL Mayor fdee said he had talked to Mrs. Robidoux and he called her forward to address the Council. Mrs. F.obidoux explained that the spokesman for the 9roup to be Reverend Edwin � Foote, 195 Satellite Lane Reverend Foote addressed the Counczl and indicated that he had brought some materials for the Council review so the presentat�on could be brief. He explained that the funding for the Senior C�tizen's Recreational programs would be cut soon and he requested the Council consider contri6uting to the Recreational Activtties of the Fridley Senior C�tizens at budget time. Reverend Foote read the communication presented to the Council in explanation of the need and the request. Mayor Nee said if he understood the prograin, the Senior Citizens take trips and conduct meetings, etc. Reverentl Foote said this was correct. He said if any of the members of the Counc�l would attend the meetings at Fridley Methodist Church, they would see that this �s a uJide program and worthwhile for the Senior Citizens. Mayor Nee asked what the current membership of the Club is. Reverend Foote said there were about 80 members Ne added, there are many visitors to the meetings also C4ayor Nee asked if the request was for the City to contribute the funds that had formerly been available through Title III. Councilman Starwalt mentioi�ed that he had attended meetings of another group of Senior Citizens and they were a lively capable group. He said he did not have enough back- ground to comment at th�s time. Reverend Foote sa�d the group asked that their request be given some consideration and he said they �aould be available to answer any questions before any decision is made. Mayor Nee asked if the current fundin9 will be through on the first of July and Reverend Foote said he thought that it would continue until that time and there is the possibility of attempting to carry it through until the end of the year. Mayor Nee asked if the request was that this be considered for 1976. Reverend Foote said if the city can find the money �n 1975, they would apprec�ate this. Councilman Starwalt said he did not think the Council would be this generous. He said all of the City expenditures have to come from somewhere. Reverend Foote said he understood thls because Senior Citizens are more concerned about the economy than anyone. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 2 Mayor PJee said he knew the people in this group and they ha� paid � great deal of money �n �ax dollars. He thought that they should get some share of vahat is put in. He said they were making the contribution and they are not getting the benefit. He mentioned that they do not have children in school and many of their children had attended schools in other areas. Councilman Starwalt said that each tax dollar spent would have to be added to the tax levy. He asked if this type of request could be taken from the recreation budget. ' Reverend Foote said most of these people are grand parents and they have a great deal of interest in their grand children and ihe recreation facilities in the City. He said they also thought that recreation should be handled to have programs for all age groups in the City. Councilman Starwalt said the City budget�ng is quite a process and 9t iakes a great deal of hashing out. He mentianed that every department feels they need so many tax dollars. Reverend Foote said he was very aware of the budget procedure in dea3ing w�th finance. He said they oaere �ust asking for some consideration. The City Manager said the members of the group had shown their feelings to the f,ouncil. He said the request would be worked in to the total budget process. He asked if some member of their group would be meeting with the Parks and Recreation Comm�ssion. He pointed out that they were currently meeting in the next room. The City Manager said the request would 6e brought to the Council's attention at budget time. MOTION by Councilwoman Kukowski to p�!t this Y•eq���est int�} the budget process for consideration at that time. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager encouraged the Senior Citizens present to appear at the Parks and Recreation h1eeting. Mayor Nee thanked the group for coming to the meeting and Mrs. Robidoux thanked the � Council for the conszderation. The City Manager addressed the Council and indicated he would l�ke to take a few minutes of the time alloted for the Visitor's section to recal; the activtties of the day due to a severe windstorm in the community. He said the City Hall switchboard had been in operation until about 7:06 P.M. that evening. He d�rected anyone who wanted to reach City Hall, to call the Police Department. He mentioned that NSP and the Gas Company were working in the commun�ty to restore service where there had 6eeri wlres down and gas leaks. He again menttoned if anyone wanted attent�on, they should call the Police Department. OLG BUSINESS: ORDINANCE N0. 584 - ESTABLISHING CERTAIN COMMISSIONS FGR T 1�l1 [�3 The City Manager said the administration had submitted to them in their agenda a copy of the ordlnance that the Couacil had directed them to amend. He p��nted out that one change would be that the Chairman ofi the individual member rommissions would 6e eiecte� by its members and would serve for the term of one year. He said this would give them the choice of electing every year. He further explained thaL the person who had been � elected by the member commtsston to serve as their� chairinan wouid be the Planning Commission rnember from that member commission. He suggested tt�at the Pl�nning Commission elect their chairman �ust as the member comnnssion would be d�ing He said if the Council appointed the Chairrrian of the Planning Commission with a total of =ix on the commission, there is the concern that there is an even number of inembers on the Commission. Ne said traditionally, ch�s system has not been followeti. The Planning Commission has specific po�vzrs for hear�n9s and this may cause potent�a� �roblems. He continued to say that if the Council feels that this would be good on the member commission level, it could xlso be done on the Planning Commission level. I-ie said this way the Planning Commission would be a five member commission. He sa�d if the Counc�l feels that the work of the Chairman would 6e great, the Commission member woiald have the right to refuse the appointment with another rnember takin9 uver to carrying on the dut�es of chairman. REGULAR CDUNCIL MEETING OF MAY 19, 1975 He said there would be pros and cons both ways in not creattng problems. PAGE 3 He said this could potential7y help Counc�lman Fitzpatrick said he felt the CouncTl was back where they had been previously and this would make the Chairman of the member comm�ssion the chairman of the Planning Commission He again said this would be back to where they had been in the plans. He further stated that today, the Planning Comm7ssion Chairman is not a chairman of a commission. He said he was th�nking of the work load, and he re7ated to this because he had been the Chairman of the Planning Commission. The City Manager sa�d he knew what Councilman Fitzpatrick ment, but his suggestion would give ihe person the choice to take the Chairmanship. He said there would be five people to choose from instead of the 17mited Council appointment. He said the person would have to be wi]ling. He said he thought this to be a healthy compromise. Councilman Breider questioned what hearings the Planning Commission had. The City manager said they have hearings on rezoning. Councilman Breider asked how this could create any trouble. The City Manager said in a tie vote. Councilman Breider said this had been brought up at the last meeting. He mentioned that the Commission had had a hard time getttng together a quorum and he would rather face the problent of havTng a t�e vote. The City Manager said this problem of a quorum had not existed to his knowled9e. Councilman Fitzpatrick said he agreed with the City Manager. The City Manager said the members of the Planning Commission are very dedicated. Councilman Fitzpatrick said once in a wh�le a member would �ust drop out and not continuel io come to the meetings. Councilman Fitzpatrick said he had been the Chairman of the Parks and Recreation Commission and also the Planning Commission Chairman and he knew that these were big �obs. He thought �t would be to the Council's advantage to follow the plan where the Chairman of the Flanning Commission did not chair anothar member commission. The City tianager said th�s would be a compromise proposal that would give a choice to the person. He ment�oned that the Cha�rman does en�oy certain authority. Councilman Bre�der said the worst thin9 that could happen is that something would come to the Council wzthout a recommendation. The City Manager sa�d he could see that when there are six members, some people would say that it should be seven. He said five members would be more manageable, He sa7d this couid 6e tried and ad�usted later. Mayor Nee said he reTt the tie vote thing is unconsequentail. He ment�oned that any- thing thai cbse in the Plann7ng Commission vote wuuld be a conflict or problem anyway. He said that there had been some argument that this would give one subcommittee a good position in the whole contest, but he saw it �ust the opposite from this. ' � Mayor Nee said to the City Manager that he felt he wanted to set up the member commiss�ons and planning commission to have five, five member commissions. He thought the City Manager felt this would be more neat. The City Manager said this would not be his only cons�deration. He said he thought this concerned the manaqeability of the coinmissions. Councilman Starwalt said he understood what the City Manager was saying. He said he d�d not think six members on the Planning Commission would be a problem. He said they are all reasonable people. He said he agreed with Councilman Fitzpatrick in the work- load aspect. He said six would have the ativantage to decrease the work load. Mayor Nee explained that he had the feeling that he was not sure if he liked the idea of the Council impos�ng a chairman. lie commented that maybe the Council would want one representative in the package. Councilman Breider said he thought that the Council may be loos�ng the point. He said the checks and baiances in �he subconimittee would he created by them having the vote. He said the Planniny Comm�ssion Chairman would be tne overseer and in his mind he would be more a moderator or negotiator. He siad he would not be concerned if the Council appointed the member, he would care if the person would do a good �ob as the chairman of the Plann�ng Commission. Councilman Starwalt said if someone whated to increase the membership of the Planning Commission Lo seven, he would be opposed to this. He said maybe going to six would do this somewhat, but, he would not agree to seven. ' REGULAR COUNCIL MEETING OF MAY 14, 1975 PAGE 4 The Ciiy Manayer said he thou9ht he should mention that there may be some problems in the futut~e. ihe City Manager referred the Council's attention to page 1-A of the agenda booklet and pointed out there should 'oe an amendment which would add under Uacancies "TYiat the Chairman may re�ign or be removed by a mojority vote of the Council" He aiso referred to page 1-G and said this should be amended in Section 205.181, Subdivision 3, B., 1 and 2 where the "Uniform 6uilding Code" is ment�oned, it should be changed to the �"State Building Code". Mayor Nee asked where in the ordinance are the previous ord7nances repealed? The City Manager said a1, the top of the ordtnance in the title Councilman Breider noted that this is the portion where the repeai is mentioned. Mayor Nee said the title would not control the repeal. The City Attorney said if the Council wanted to do zhis in a separate section, the wording of the t�tle shauld be repeated in the ord�nance. He suggested using Section 217.01. He said this would be a repeal provision and the language of the title would be repeated. He satd the Chapters and Sections should be listed as they are to be repealed and followed with the language "are hereby repealed." MDTION by Counci1man Bre�der to add "That the Chairman may resi9n or be removed by a majority vote of the Council" on page 1-A in the Section 201.05 Vacancy. Seconded hy Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to amend page 1-G to delete "Uniform Building Code" and insert "State Bu7lding Code". Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee oec1ared the motion carried unanimously. MOTION by Councilman Breider to amend the proposed ordtnance by the addition of the repealer provision which wou1d read as follows: Section 217.Oi Repealer Frovision Chapters ,#101, 121, 201, Sectiori 2�5.15 and Chapter #2Q8 are hereby repealed.. ,Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. MOTION by Councllman Breider to waive the reading of the amended ordinance, adopt the amended ordinance on second reading and order publ�cation. Seconded by Council- woman Kuicowski. Upon a roll call vote, Councilman Breider voting aye, Counc7lman Starwalt voting aye, Councilinan Fitzpatrick voting aye, Mayor Nee voting aye, dnd Councilwoman Kukowski vot�ng aye, i�ayor Nee declared the mation carried unanimously. The City Manager asked if there was any desire on the part of the Council to fill any vacancies at the current meeting. He said the necessary material had been provided to the Council. He said if it is not done at this time, 7t would have to be delayed until June Mayor Nee questioned how far away the next meeting would 6e. He said he would like to discuss the method of appointment with the Council at the conference meeting before the appointments are made. The City Manager said there would r�ot be a fourth Monday conference meeting because zhe coming Monday is Memorial Day. Councilwoman Kukowski questioned if the meeting could 6e held on the Tuesday follow�ng Memoridal �ay. The City Manager said the Council could meet anytime they desired. Councilwoman Kukowski said the Admi m stration would not have to prepare mater�al for the Council. She said she thought they had everytM ng they needed Mayor Nee sa7d he would also like to talk about the Mississippi River He suggested �setting a conference meeting. Councilman Breider suggested Wednesday, May 28, 1975 MGTION by Counctlwoman Kukowski to set the conference meeting of the Council for May 28, 1975 Seconded by Councilman Fitzpatrick. Councilman Starwalt referred to the situation existing on the EQC and said not all of the present members can be reappointed. He said this is a problem. He mentioned he would like to appoint people to some of the other commissions if this would not be a problem. He sa�d he would be willing to move on those. UPON A V�ICE VOTE, all votrnct aye, f1a,yor Plee declared the motion carr�ed unanimously. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 5 Mayor Nee commented that the people are now serving unt�l the new members are appointed. Councilman Starwalt mentioned that in this case, there would not be an urgency to appoint people at the present meeting Mayor Nee said this conference meeting would be held in the community room. The City Manager said there would be appointments made on June 2, i975. Mayor Nee said yes. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 7, 1975: OT SPLIT, L. S. #71-08, BY CLIFFORD THOE: TO SPLIT OFF THE WESTERLY �� Mayor iJee asked if Mr. Thoe was present and there was no response. Mavor Nee asked if the man had been notified that this would be considered by the Council and the Public Works Director said he had been notified. The Public Works D�rector said there was some problems in the zoning of the property. He mentioned that there is a service station and residential property on the same parcel. He said the request is to split the residential property from that that the serv�ce station is occupying. The Public Works Director explained that this would create two parcels that did not meet the standards for residential or commercial. He mentioned the residential portion would only be 6,300 square feet. He also mentioned that if after the split, the house would be damaged more than 50%, it could not be replaced. He said the commercial property would also be far below the minimum. The Public Works Director said ihe Planning Commission had taken this in�o consideration and had suggested that some other legal means be provided to solve the existing problem. � Mr Sobiech read the reasons for the Planning Commission recommendin9 denial � of the request from Page �-C of the agenda The Public Works Director recommended that this property remain one large commercial site. Mayor Nee said the recommendation of the Planning Comm�ssion was to deny the request. Councilman Starwalt said he agreed with the Commission, He explained that he had talked to the property owners �nvolved and said the home is being used as a retirement home. Councilman Starwalt saitl the split does not really clear up the matter. MOTION by Councilman Starwalt to deny the request for the lot split by P4r. Clifford J. Thoe Seconded 6y Councilman Fitzpatrick. Counctlman Breider asked if there was any legal ways to get around this. The City Attorney said he d�d not know what the problem was. He asked if one of the individuals owns the gas station and the other residential property. He said one legal means would be to lease or rent the portion of the property wh�ch is res�dential. He said the property could be purchased as an entire parcel. The City Attorney said there should be some method other than a lot split to accomplish what they are working on. Councilwoman Kukowsk� said she would not want to deny the request right at the present t�me. She sa�d she would rather have the problem worked with and have someone come 6ack and inform the Council what is going on. Councilman Starwalt asked �f the request is denied, would it be another six months 6efore any further action could be taken on the lot split. The Public Works Director said yes, this is true for variances and lot splits. The City Attorney said if he would be any help in trying to work this out, he wou7d meet w�th the property owner and the Public Works Director to come to some agreement. He added he would see if a contract could be entered into. He also metioned that he did not th�nk the 7ot split would be the answer. 1 ' � � REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 6 Councilwoman Kukowski said she hoped that the City Attorney could get together with the property owners. The City Attorney said he would do tnzs and see wnat could be accomplished. USE PERMIT. SP BY ORVILLE ON CITY CO SECTION 205.051, 2, A, THE SAME BEING 6606 BROOKVIEW DRIVE N. E.: MOTION by Councilman Breider to approve the Special Use Permit as recommended by the Planntng Commission with tne stzpulations suggested. Seconded by Gounc�l- woman Kukowski. The Public Works Director said thts was large lot on Brookview Dr�ve and the applicant requested to move the existing garage io the rear of the property and build a two car garage in the front of tne property UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. #75-03, CITY OF FRIDLEY: REZONE FROM M- W MOTION by Councilman Breider to set the Public Hear mg for tFie rezoning reyuzst ZOA #75-03 for July 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motiun carried unanirnously. REQUEST FOR TREE REMOVAL: I�LAN�S OF PEACE: Mayor Nee explained that this item was to be reviewed by the Parks and Recreation Commission. PLANNING COMMISSION REORGANIZATION STRUCTURE� There was no action needed on this item or the remainJer of the discussion items in the minutes. MOTION by Councilman Bre�der to receive the minutes of the Planning Commission Meet�ng of May 7, 1975. Seconded by Councilwoman �ukowski. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE �1IN�1Tt.S OF THE BOARD OF APPEALS PIEETING OF MAY Tne Public 4dorks Director explained that the reauest is fur a variance in the side yard set back fror�t five feet to three feet to allow the construct�on of an attached gara9e. The Public Works Director indicated that no eb,7ections had been voiced at the Board of Appeals Meeting. The Board �F Appea]s had rECOmmended approval of the request. Mayor Nee asked how close this construction would 6e from the ad,7ecent home The Public Works Director answered, 10 feet. Mayor Nee asked if this w�uld be on the bedroom side and the Public Works Director said yes. The Public Works Director sa�d there was some concern over the ex�sting fence and the applicant said that this would not he dtsturbed. The Public Works �trector asked if Mr. Corbett was present and he respondede Mayor Nee asked if the next door neighbor would be building a garage Mr. Corbett said 9f this was done, it would be constructed on the Past side alsn which u�ould be on the other side of the house from his home MOTION by Councilwoman Kukowski to approve the variance as recommended by the Board of Appeals. Seconded by Councilman Starwalt. Upon a voice vote, all votin9 aye, Mayor Nee declared the mot�on carried unan�mously. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 7 There was no action needed at the present time. Mayor Nee said there would be no Council act�on on this item at the present time. The Puhlic Works Director listed the variances and explained that the first three were for the addition that is being proposed and the remainder are those that are housekeeping variances on what is existing. The Public Works Director asked if the park�ng on the side of the building would be employee parking stalls and Mr. Ryan said this would be over flow parking which is normally not used. The City Manager asked if this would be the end of the additions to the building. The City Manager further stated that this is about the limit to the possible expansion He also sa�d that there should be some landscaping to the west and north to improve the area. Councilwoman Kukowski asked where the refuse would be stored. She asked if this would 6e on the City Hall s�de of the building. � � � � � REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE H Mr. Ryan explained that there would be a �og �n the back of the butldtng where the refuse will be stored behind screening Councilwoman Kukowski asked if the large drum would be removed. Mr. Ryan said yes, tnis is too large to be stored behlnd the screem n9. MOTION 6y Councilman Breider to approve the variances as requested by Mr. Ryan for 6389 Univers�ty Avenue to allow the construction of an addition and also the approval of the variances which bring the existing building �nto compliance with the Code. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTION by Councilman Breider to receive the minutes of the Qoard of Ap�ea's Meeting of May 13, 1975. Seconded by Councilman Starwalt. Upon a voice vote, al1 voting aye, Mayor Nee deciared the motion carried unanimously RECEIUING THE MINUTES OF THE BUI F I The Public Works Director said the face of the buildin9 would be extended to cover the multi level effect that is seen at the present time. MOTIDN by Councilman Breider to approve the building request by Dr. Ryan's Automotive Clinic, 6389 University Avenue with the stipulations recommended by the 5ubcommittee. Seconded by Councilman Starwalt. Mayor Nee asked the applicant if he was aware of the stipulations and in agreement with them. Mr. Ryan said he agreed with the st�pulat�ons. UPON A VOICE UOTE, all vottng aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Building Starards Destgn Control Subcommittee meeting of May 14, 1975. Seconded by Councilwoman I:ukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONP�ENTAL QUALITY COMMISSION MEETING OF APRIL 29, 1975: MOTION by Councilman Breider to receive the rm nutes of the Fnvironmental Qualiiy Commission meeting of April 29, 1975. Seconded by Councilman Fitzpatrick Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mayor Nee said there is an item within the minutes that he would like to have 6rought on at the Conference meeting of the Council. He listed th2s ltem as est«blishing liaison between the City of Fridley and the Cities of Coon Rapids and Blaine in regard to the watershed into North Park. He said he would like some thoughts prepared on this The C�ty Manager said the staff is work�ng on some plans and he would alert the Council on what could be done to improve the qual�ty of the water He said there is not too much that can be said about the quant�ty, but the Ci±y could take steps to control the quality. RECEIUING THE MINUTES OF THE PARKS AND RECREATION COMMISSION �EETING OF RPRIL 28, 1975. �M�TION by Councilwoman Kukowsk� to receive the minutes of the Parks and Recreat�on Commission meeting of April 29, 1975. Seconded by Councilman Starwalt. Councilman Starwalt questioned what would be done with the Soccer concern The City Manager said the City had provided some facil�ties to be broughi to the attention of the School Boards Mayor Nee said the City is offering two sites. He said this would have Mayor Nee questioned the City's involvement in bullding r_oncrete ;ide�xall<s for the Horseshoe League. There was some discussion concerning this item and Mayor Nee directed the Administration to clarify the action being taken. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 9 UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously, RECEVING PETITION N0. 9-197 E AND BENJAMIN �.. �OTION by Councilman Starwalt to receive Petition No. 9-1975 requesting a stop sign at Benjamin and Ferndale to Control Northbound Traffic on Ben�amin instead of 61st Avenue and Ben�amin, as approved at the May 5, 1975 Council meeting, Seconded by Councilwoman Kukawski. Councilman Starwalt said he thought that the entire area should be looked for the complete problems. He said this sign may 6e required, but he would not want to take the action until the Council rev�ewed the survey of the entire area. The City Manager sa7d he wanted to bring to the Council's attention that the other sign which had been approved by the Counc�l had not been installed. He said this was for 61st Avenue and Ben�amin Street. He said there is a study being conducted, and no actton would be taken until the completion of this study. He said he would try to get th�s report to the Council by the coming regular meeting. RECEIVING TRAFFIC STUDY, ONAWAY ADDITION AREA (REQUEST BY DICK HARRIS): MOTION by Councilman Breider to recieve and concur �n the study presented by the Administrat�on concerning the traffic study on Onaway Addition. Seconded 6y Council- man Fitzpatrick. Councilman Breider sa�d he believed the action took care of the converns that Mr. Harris had on 79th and Main. He said it also corrected the two way stop on 71st. He sa�d he concurred in the recommendation. The C�ty Manager said he felt the action would handle the pro6lems of the area currently. He mentioned that as the area develops, there may be a need for addtional review. Mayor Nee said he was surprised at the amount of traffic in the area. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 72-1975 - OR�ERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING The City Manager explained that this pro�ect would provide utilities in the plat west of Ben�amin Street. Mayor Nee asked if the project had been petitioned by the property owner. The City Manager said it had been MOTION by Councilwoman Kukowski to adopt Resolution No. 72-1975, ordering improvement, approval of plans and ordering advertisement for b7ds: Water, Sanitary Sewer and Storm Sewer Improvement Pro�ect #117. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION REGARDING VANDALISM IN CITY PARKS AND ON SCHOOL PROPERTY: The C�ty Manager said this resolut�on had been submitted by a request from the City of CoTumbia Heights who had passed the resolution submitted io ihe Council in their agenda He said they are currently askin9 the City of Fridley to pass a similar resolution which would request the �uven�le judge as a part of punishment to assist the City Parks and Recreation Department to do some work to correct some damage. He said �t is their feeling that this will decrease the amount of damage done. Councilman Bredier said he saw the purpose of the proposed ordinance. He said this has been tried in other communities and he had hear that it did work quite well. He ment�oned that if the �udge would make the �uvenile repair the damage, it make them more aware of the extent of the damage done and decrease this vandalism. Councilman Breider said he thought th�s to be a good idea. Councilwoman Kukowski said she thought this to be a good idea. Councilman Fitzpatr�ck said he had some reservations about this action. He said he did not know what kind of supervision this action would take. � � ' REGULAR COUNCIL MEETING OF MAY 19, 1975 He questioned if this would be under the direction of the school officials or the Parks and Recreation Director. PAGE 10 Mayor Nee questioned if the park supervisor would have to carry a shotgun. Council- man Fitzpatrick repeated that he had some reservations a6out the requested act�on. He said this kind of action has been available to the �udges in the past. Councilwoman Kukowski said maybe the �udges need community support to take this type ,of action. 5he mentioned that the adoption af the resolution would only urge the �udges to take this type of action. Councilman Fitzpatrick said he could see why they were not doing this, they did not have complete freedom of placing an offender under superv�sion �n these area. The City Attorney said in principle, he would have no ob�ections to the adoption of the resolution. He said it is a recommendation to urge 3udqes to take th�s type of action. Ne did not believe the Judges would be offended by this recommendation. He commented that either they will think the recommendation is a good one and will follow it, or they will not. The Cit Attorney said he could see the point that Councilman Fitzpatr�ck was making. He said iF this would be �one, the person would be put on probation with the fine suspended and ordered to complete the work He mentioned that the �uven�le office and probation people may mon�tor this type of thing. He said being this was only a recommendation, he did not thinl; it would hurt anything and the �udges would not be offended. Mr James Hill, Public Safety Director said he did not have anything to do with the current matter, but he had heard that this is being done in other areas and that it was a good system. He thoug�t that this type of action would be directed at the first time offender. He tnought that it would make a great impact on th� v�olator if he had to correct the damage done. He said this viould make them aware of the damage and the work it takes to repair. ,Councilwoman Kukowski asked if the City of Fridley had a �uve m le afficer in the Police Department. Mr. Hill said no. He said the City does not operate with this type of specialist. He explained that the current trend and t�eory would 6e to have all of the officers capable of handling this type of situation with a more generalized department. He felt it would be danerous io appoint one person to this type of area because the other officers would feel that they do not have to cater to the �uveniles. They may feel that the �uvenile officer should handle these problems. Councilman Fitzpatrick said he had reservations. He felt that the people in the City's and School's were not prepared to take care of the parole� Mayor Nee asked if the Park Department had been quest�oned on how they feel about this rpoposal. The City Manager said that there had been support of the proposal from the Public Works Department and the Parks Department He said if the Counc�l has some reservations, it would be possible to double check in to the various concerns and 6ring the matter back for a recommendation at a later meeting. The City Manager said this would only be a recommendation and the �udges would excercise their authority the way that they see fit. Mayor Nee asked if this should be directed through some community s_ystem. Councilman Fitzpatrick said �t may be directed to the Community School program. Councilman Breider said he did not think the matter would concern the hard core offender. He thought they were talking about someone in the park one day who does some �breakage. He said if this were a �uve m le, this action wou1d direct them to work in the Parks for two to three weeks restoring damage done by vandal�sm. Mayor �tiee said if a body did some damage to a fence or bridge in Locke Park, would he be made to repair the damage. Councilman Breider said he did not feel that this was directed to the point that he would have to repair that particular damage, he would work to correct any damage done by other people. Mayor fdee said he felt tf there were reservations on the part of the Counctl that this item should be brought back. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 11 Councilman Fitzpatr�ck said he was not concerned about the hard core offender, he was referring to the f�rst time offender. He said the �udges have the authority to excercise thTS type of punishment at the present time. The City f4anager said the resolution would only bring this to his attention. Mayor Nee asked if the City was prepared to take care of this supervision. Councilman Firtzpatrick said this would also include the schools. Councilwoman Kukowski said the school receives thousands of dollars in damage and � there �s an amount set aside tn the budget to take care of this repair. She questioned if this portion of the budget would be reduced by the adoption of this type of policy. She said if the schools are asked, they may want to go along with this type of policy. Councilman Fitzpatrick said this would not reduce the budget fpr vanda7ism. Mayor Nee said he did not feei very deeply one way or another on this proposai. Councilman Starwalt asked �f the resolution should be amended to include some type of language such as the following "The C�ty wi11 cooperate with such a program provided the �udges feel it would be of benefit in a particular case". The City Attorney suggested that someone check with the juvenile court authorities and determine how they would feel aboui such a proposal and how it would be implemented. He said this would be better done through the �uvenile authorities and the City. MOTION by Council Bre�der to table the consideration for the resolution until the first meeting in June, June 2nd to allow the administration to check with the luvenile authorities and the schools for their thoughts on this proposal. Seconded 6y Councilwoman Kukowski, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Counciiman Starwa7t feTt that the schooTs should preseni a resolution on their own beha7}. APPOINTMENT CITV EMPLOYEE• � NAME: Position Salar Effective Date �avid J Keding Probationary $830 lst 5 mos Sept. 30, 1974 Police Officer $880 6 mos to present MOTION by Councilman Breider to concur in the appointment of David J. Keding as a probationary Pol�ce Officer as recommended by the Adm�nistration. Seconded by Councilman Starwalt for discussion purposes. Counci7woman Kukowski mentioned that she did not understand the intent of the recommendation form the Public Safety Director. She asked if there was a current opening. Mr. H�11, Public Safety �irector, addressed the Council and said there �s an opening budgeted wh�ch was created by the ret�ring Police Chief. He said this vacancy was not filled because of a legal matter pending. Councilwoman Kukowski asked if anyone would be laid off because of this act�on. Mr. Hill said no one would be laid off unless this was done by separate action by the Council. Councilman Starwa7t questioned the hiring of the Officer and asked if he would have to be paid retroact�ve from September, 1974. Mr. Hill said this would have to be done retroactive back to September 30, 1974, because this was the decision of the Department of Veterans Affairs. Councilman Fitzpatrick asked what the difference �n the amount the employee was � mak�ng as a technician �s and the amount of compensation he was to rece�ve. The Public Safety D�rector sa�d this would be in the amount of $1,300.00. He satd there would also be some rebate from social security and the pension systems. He said the difference in the two plans would have to be paid. Counc�lman Starwalt expressed the thou9ht that it upsets him when a hi9her authority makes a ruling that costs the City money Councilman Starwalt said he had no quarrel with the person, but the City had gone to great lengths to accept him to the current position, and this is why he was w�th the City at the current time. � � � REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 12 Mr. Hill said the City had hired the applicant as a technician because he was a veteran and coming out of service. Mr. Hill sa�d this was a technical point and tF�e applicant felt he was entitled to the job under the veterans preference laws. He said he was not happy with the ruling, not because of the man, but he did not agree with the law. He continued to say this was especially because the law has been repealed sinee that time. Counc�lman 5tarwalt said he questioned paying a person for work not performed Councilman Starwalt sa�d he felt the Office of Veterans Affairs d�d not understand the matter. He asked what the City's position would be if the man was hired and not paid the retroactive back pay. Mr. Hill commented that this would violate the order without a formal appeal. The City Attorney said the City's choices wauld 6e to comply or appeal The Public Safety Director said the City should have read him the entire law at the time he was hired to the technician positton. Councilman Starwalt asked what the cost of an appeal wou1d be. The City Attorney siad he would estimate this cost at from $1,000 to $1,500. Mr. Hill stated that he felt as Councilman Starwalt, but he questioned the appeal process in this case because nothing would be gained by it since the law has already been repealed. The Public Safety Director explained that the man is potentially a good police officer and this consideration should not be directed at his potential. He explained to the Council, that he had excercised his rights and seek this action Councilman Starwalt asked if the law had been repealed, why was the City having a problem. Mr. Hill explained that the law was in effect at the time of h�ring and had been repealed after this time. He said they wcu1d have to comply w�th the law that was in effect at that time. Mr. Hill further pointed out that the applicant feels that he did not waive his rights as a veteran. Councilman Starwalt mentioned that the applicant did not meet the requirements at the time he was hired as a technician. Mr. Hill sa�d at that time, they were in the process of setting up the team system and were looking for experienced officers to balance the teams. UPON A UOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: GENERAL 39970 - 39999 + 9790 - 9816 + 9841 - 9911 LIQUOR 9817 - 9929 + 9912 - 9929 MOTION by Councilman Starwalt to approve the claims. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee delcared the motion carr�ed unanimously LICENSES. BLACKTOPPING Piorieer Blacktop Inc. 7608 - 68th Avenue North Brooklyn Park, MN 55428 Frank's Excavating Company 3924 Douglas Drive Minneapolis, MN 55428 Ted Renollett 927 Andover Boulevard N.E. Anoka, MN 55303 6y: Arthur Scherber By. Frank Gaulke By: Ted Renollett APPROVED 6Y D. Clark RENEWAL D Clark RENEWP�L D. Clark RENEWAL REGULAR COUNCIL MEETING OF MAY 19, 1975 LICENSES (CONT.): GENERAL COyTRACTDR Amgrid Development Inc. 1690 S�lver Lake Road New Brighton, MN 55112 By: Norman Dalberg Brickner Builders, Inc. 6245 Ben More Drive N.E. Fridley, MN 55432 By: Tom Brickner �aco Contractors 8701 Jefferson Street N.E. Minneapol�s, MN 55434 By: Frank D'Aigle Da�ley Homes, Inc. 8510 Central Avenue Blaine, MN 55434 By: Howard Thorson Richard Nastings Co. 6331 Riverview Terrace N.E. Fridley, MN 55432 Qy• Richard Hastings Walter Maciaszek 17-62 1/2 Way N.E. Fridley, MN 55432 By: Walter Maciaszek Pools Inc. 229 West 60th Street Plinneapolis, MN 55419 By: Wayne Swanson Ryan's Construction Co. 6389 University Avenue N.E. Fridley, MN 55432 By: Thomas F. Ryan Rutledge Construct�on Co. 1409 South 7th Street Hopkins, MN 55343 By: Tom Rutledge HEATING Bostrom Sheet Meta7 Works Inc. 785 Curfew St. Paul, MN 55114 By: A. Pavlicek MASONRY Crete-Wood Constructian, Inc. 1705 Raddison Road N.E. Blaine, MN 55434 By: Fred Rehbein Norsk Concrete Construction, Inc. 4650 Johnson Street N.E. Mrnneapolis, MN 55421 By• ,lames Jackson SIGN ERECTORS Nordquist Sign Company, Inc. 312 West Lake Street Minneanolis, MN 55408 6y: R�chard Nordquist SWIMMING POOLS-PUBLIC Lucta Lane Apartments 6680 Luc�a Lane N.E. Fridley, MN 55432 By: Timothy E�de Georgetown Court Apartments 575Q East River Road N.E. Fridley, MN 55432 By: M. F�lister PAGE 13 APPROVED QY D. Clark NEW D. Clark D. Clark D. Clark D. Clark D. C7ark D. Clark D. Clark D. Clark W. Sandin D Clark D. Clark D. Clark S. Olson S. Olson RENEWAL � NEW RENEWAL RENEWAL RENEWAL NEW NEW � RENEWAL RENE'WAL RENEWAL NEW ' RENEWAL RENEWAL RENEWAL � � � REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 14 MOTIQN by Councilman Starwalt to approve the licenses. Secon�ed by Counci�woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. ESTIMATES: American Contracting Corp. 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 FINAL ESTIMATE N0. 4 for Water, Sanitary 5ewer a��d Storm Sewer Pro�ect No. 116 Comstock & �avis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 $10,654.62 PARTIAL ESTIMATE N0. 5 for furnishing resident inspection and resident supervision for Water, Sanitary Sewer & Strom Sewer Improvement Pro�ect No. 116 from March 31, 1975 through April 26, 1975 $ 1,825.82 Mr. Garl �. Newquist Smith, Juster & Feikema Suite 1250 Builders Exchange Build�ng Minneapolis, Minnesota 55402 Prosecution work during the month of Apr�l, 1575 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 Services Rendered for City Attorney for April $ 1,345.00 $ 1,497.00 MOTION by Councilman Breider to approve the Estimates with the Addition of the Est�mate Submitted by Weaver, Talle and Herrick in the amount of $1,497.00. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the moiion carried unanimously. COMMUNICATIONS: TO CITY ATTORNEY FROM ATTORNEY GENEkAL: SPECIAL ASSESSMENTS MOTION by Councilman Breider to receive the communication from the Attcrney General, addressed to the City Attorney dated May 12, 1975. Seconded by Councilwoman Kukowski. Councilman Starwalt mentioned that Mr. Robert Erickson was present at the rneeting and questtoned if he had knowledge of the content of the letter. The City Attorney said lt was his impression from the letter that ihe C�ty would have to act on the portion of the improvements not completed or release the per�ding assessments. The City Attorney Further commented that the Administration had not done anything on this matter since the last time this had been discussed by ihe Council. He mentioned the letter had been submitted to the Council so they would 6e aware of the information. Mayar Nee asked �f the letter called for response The City Attorney sa�d he had thought this would be for inforrnation purposes and no response wou7d be necessary. He mentioned that the City could not hold on to the pending fund for an ur+reasonable amount of time The City Attorney said the City has been requiring escrow monies froni developers within the City and there was no problem with this practice. He said this dealt with a separate situation involving individual property owners. Ne mentioned that this would re1ate to the residents in Mr. Erickson's area. The City Attorney explained that when a property is sold in this area, the lending company w�ll require that the storm sewer escrow be deposited. He siad this information is obtained in the assessments searches and exists as a pend�ng assessment. He said this required excrow amount will range from 100% to 150% of the pending assessment Mr. Erickson, 5950 Ben�amin Street N.E., addressed the Council and indicated that REGULAR COUNCIL MEETING OF MAY ]9, 1975 PAGE 75 the price paid for his house had reflected the amount that had been paid for the pendinq assessments by the previous owner He mentioned that he thought the system would be constructed since the City had a plan and he had accepted this at the time to be no pro6lem. lie said if the money would be released, it would go to the former owner of the property and they would be out that much which had been inciuded in the purchase price with no im p rovement instal7ed. Mr. Erickson said he fe7t �t was the C�ty's res- ponsibility to carry out the plans that were on the books three to four years ago. The City Manager said the former owner was claiming the escrow amount. Ne said this � agreement was between the two different individuals. Mr Erickson said the money had been escrowed with Farmers and Mechanics Bank. Mayor Nee questioned lf real plans had been drawn for this area and the City Manager said yes. The City Manager stated that the City Council had stated that the area was not ready for these assessments and the project was delayed. He said the cost of the improvements is increasing every year and they would be from 45% to 55% more than they would have been two years previously. He said now they are facing the same problems. He quest�oned if the City should retain the pending assessments or release them. He said if they are not pending assessments, they should be released. Mayor Nee referred to the commui�ication 7n the agenda from Assistant Attorney General, Michael R. Gallagher, and noted that there is a statement in the 7etter that there are no plans and specif�cations filed. The City Attorney said this is in- correct in the letter. Mayor Nee asked �f it would be a material consideration if there were plans and specifications. The City Manager sa�d the burden is on the City and he had pointed out this to the Council at the last two meetings. He questioned what would be done and said the burden is on the City Council. Mayor Nee asked if there are drawn plans and specs. The City Manager said the City does have a proposal. Mayor Nee asked if the City was going to 6uild the proposal? Councilman Starwalt said the City had a public hearing with plans some time back. ' He mentioned that then and now the ma�ority of the people do not want to be assessed. Mayor Nee sa7d they had been talking about three options for the types of improve- ments and the letter says there are not adopted plans and specs. The City Manager said there were plans and the figures for the plans were figured in 1970 or 1971 and the costs would not be the same today He said the project would have to be reduced or a public hear�ng wou]d have to be called to advise the people how this would be piped. The City Manager sa�d the Council could order the whole plan, but what would be done about the assessments. The City Manager said certa7n assessments could be levied, or the area could be left aTone. He said the Council had had a public hearing on the matter and the people did not want this 7evel of improvement and denied the improvement Mayor Nee asked if the plan for the cul de sac had been aba»��ni7 The City Manager said the Council had not taken action. Playor Nee said as it stands now, there are plans somewhere. Mayor Nee said the City is acquiring land somewhere. The City Manager responded that the City has dedicated street right of way. Mayor Nee questioned the ownership of the tax forfeit lots. He aga�n question �f there was some plan or documentation that said the City was going to do this? Mayor Nee asked if the Council had some direction from the Administrat7on on this7 He asked if there was a plan for the street. He asked if there was a plan with the drawing of the pipe line. He asked if there was a plan with some lots and a cul de sac in the area. ' The City Manager said the Council adopted the plat. Mayor Nee asked what plat. The Pidb]ic Works Director said this was the plat in the area of Hill Drive He said there are four lots and a 30 foot roadway. Councilman Breider questioned �f the case would be that the person platting the property had come to the City and been told that the easement may be needed for street some time in the future, so �t was included in the plat. The Public Works Director said yes. REGULAR COUNCIL MEETIN6 OF MAY 19, 1975 PAGE 16 Counc�lman Dreider said this is on1y one half of a roadway easement and the Publ�c Works Director said yes. Mayor Nee said there is no plan that would relate to the area showing a pipe1ine. The Public Works �irector said no, there �s no plan. Mayor Nee asked if the City was pushing this development, or was someone else. Counci1man Starwalt said he hoped the Gity was not push mg thls plan. He said he had �been tellirg the people of the area that someone had come in years ago and the ease- ment was dedicated. Mayor Nee questioned if the Council could make a dec�sion at this time saying they would not approve a plat which would spl�t the property? The City Manager said the Council could do this, but some other Council may say something different. Mayor Nee asked if tne road is approved, would it extend all the way. 7he City Manager sa�d no, they were not saying there has to be a cul de sac. Mayor P�ee said if the pipe is not laid all the way, the plan would not indicate the improvement and it would not be developed. Mayor Nee asked if the City had drawn the pipe m t�e plan so this area would develop. The City Manager responded that three years ago the City had proposed a plan so that the property could develop. He said a plan could be drawn where all of the property would develop. He said the Council could say they do not want to encourage the plan. Councilman Breider said he 6elieved the back lots have to bc 3� feet deep. He questioned how anyone would be able to develop the hole. Councilman Starwalt recalled that people had said this about "Peck's Woods'' 2D years ago. Councilman Breider said some lots in Innshruck North Unll never be developed The City Manager said the Council woul� have to decide this �Mayor Nee asked how thls could be done. He again questioned if there was a plan. He stated �f there is a plan, it could be repealed. The City Manager said there is a plan and the Council could eliminate the plan the Council adopted three years ago. The City Attorney said when the City Manager said there was a plan, he meant that the plans and specifications were ordered and it went out to bid. He said at that t�me, the City Council only ordered part of the work. He said the Engineer filed plans and specificatlons on the pro�ect and when thls is ordered this becomes a pending assessment. He said when the Council order�d the plan and the pending assessments exist the City Council only ordered a portion of the improvement and said they did not want to go ahead with this protion. He said the firial plan shculd be repealed and this would terminate the pending assessments. Mayor Nee said the Administration is talking about a pipe plan and he was talking about a development plan. He sald he had asked and no one knows. He asked if th�s portion of the development that exists is a small portion of land that someone dedicated for a roadway. He said he was asking where is the plan so the City can lay pipe this way or another way. The City Attorney said he did not think there is a specific plan. The City Manager said if the Mayor was looking for a plan he could show him one. Mayor Nee asked �f there is a plan. The City Manager said he could show him He �said this would be the drainage plan, etc. He said if the Council di� not want to drain the area, they could leave the area as it is. He said the Council establishes the level of service in the area. Mayor Nee said it appeared to him that the City has an �nternal plan to develop th�s property. He said this is a plan of the C�ty's own choice. Mayor Nee said he did not want the City Manager to tell him about the plan, he wanted him to show him tne plan. Mr. Robert Erickson said the paople of the area have no desire to split the property He said the man who owns Lots two and three is trying to �uy lot one Ne said the C�ty should sell the property to the area property owners and get out of the area and not worry about development. He stated that the people of the area would like to buy the property and 9et them back on the tax rolls. Mayor Nee asked if the C�ty owned tax forfeit property in this area. The City Manager RFGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 17 said all he is saying is the City should leave the pending assessments as they are or eliminate them. He said once they are eliminated, the City would not be able to do anything in this area. He sa�d they would have to call the people of the area and determ�ne the level of service. Mayor Nee said he felt this was changing the sub�ect. He asked �f there was a plan that would pick up drainage at some time in the future for the cul de sac. He pointed out that area to be on the map where the "E" in Van Cleve. He said isn't this � what had been provided to the people? He said the plan was approved and escrow monies were collected on the proposed assessments. The City Manager said yes. Mayor Nee said the City Manager had said there will be five lots, and was saying that this would not happen He also referred to the other plan proposed which would go down the boulevard and said this would cost $20,000. The City Manager said if the Council feels that they want to do this, who would be assessed� He asked how many people would benef�t� Mr. Ro6ert Erickson said all of the lots are in the draina9e district and they are all listed for pending assessments. Mayor Nee said this is a different development. He said they could assess those in the area of the "I" in "Addition". He continued to site several examples. The City Manager said the Council could approve those benefiting. He said the Council can determine what area will benef�t He said the Council would still have to call in the people, they could not �ust taik to the three to four people that they had talked to the past weeks. He said the pending assessments could be eliminated. He said if the Council wanted somethTng to take care af the draTnage problem, the Admintstration could provide six plans. He said if so directed, they would do it. Counc�lman Breider said he did not understand the agreement on Mr. Erickson's home He said questioned the right to collect the assessments of they are not put in. � The City Attorney said he d7d not want to get �nto the private contract. He said the City is not holding the money, it is 6eing held by the Mortage Company. He again stated, he would not want to get �nto whether the former or present owner is entitled to the escrowed money. Ne questioned if this would have happened if the contract would have been researched by the buyer. Mr. Erickson reponded that the normal terms of home buying agreements is that the seller will pay all of the pending assessments. He said he was under the �mpression that the City was to go ahead with the plan. He said if the plan would be abandoned, the former owner will get the money back The Ciiy Attorney referred to the question on the obligation on the part of the City. lie explained that up until the t�me after the public hearing, the City would be able to determine what would be included in an improvement. Counctlman 6reider said Mr. Erickson was at the meetings asking the City to do some- thing. He said the people of the area do not want the expensive piping of the drainage, they are happy with the way that it is. Mayor Nee said the people are happy dumping their water on Mr. Erickson's property. Counc�lman Breider said Mr. Erickson �s not happy w�th this. Councilman Breider said Mr. Erickson is not happy with th�s Counc�lman Bretder said he was not prepared to vote for thousands of dollars of p�pe with the ob�ections of everyone but Mr. Erickson. Councilman Bre�der said if they were referring to the mortgage company, they would giving the money back to the former owner. Councilman Breider said Mr Erickson is pursuring a law suit and the damage suit_ u�ould be considerably more than the escrow money. , Councilman Starwalt sa7d he would like to receive the letter from the Attorney General� offrce and table any action the consideration of the matter until the Council receives the report from the Administration. The City Attorney said he did not think this would accomplish much. He said if there had not been p7ans and specifications there would not be pending assessments in the first place. He said it would be poss�ble to write to Mr. Gallagher on the mistated facts. lie said if the City has plans and specif�cations, what are they going to do with them. He said if anything would be done, this would have to be the plan adopted before. REGULAR COUNCIL MEETING OF MAY 19, 1975 The City Attorney said if anything else is done, they would have to start over PAGE 1S Counctlman Breider recalled they had been talkiiig about a plan He said he did ��ot recall thts plan. He said they had also talked about an agreement to collect escrow. He asked what had been approved. The City Manager said this was pick�na up the water and puttiny �t into the existing system on 60th and Oakwood Manor. He said this is a plan the City Council had �approved and then agreed not to do the work He sa�d if the plan is used, it wou7d cost the people more than the amount escrowed and the assessments would be at a higher level. He said he would recommend that the Counc�l hold a hearing. Councilman Breider asked if this was a preliminary plan or a final plan The City Manager sa�d thts would be a final plan, this is �hy there are pendiny assessments. He said no matter what is done, the City Council would have to have a pualic hear�ng to determine what level of system to prepare for the neighborhood. Mr. Erickson said the lastf,vVe people that had purchasetl property in the area had escrowed money for this improvement. He said this would cover at least 30% of the cost and it is in escraw at the present time. Mr. Erickson said all of the people would not want to be assessed, but he sited the law that public rrainage could not be directe� to private land He questioned if the area people's ob�ections would be valid when their water is drain�na onto private land. He said the City Council has some obligation to take care of this Councilman Starwalt satd he did not feel that this was going to be solved at the current meeting. He said he felt the possiblity of escrowing rnoney for some future development to be a good suggestion. He said if the City is in �eopardy in th�s practice, he wouid l�ke to find out atout it. Councilman Starwalt said he felt that the ma�ority of the people were not in favor of it Councilman Starwalt said he did not oppose the pending assessment procESS. �Mayor Nee asked Councilman Starwalt if he thought the area rnight develoo Councilman Starwalt said from what he had seen in the last 15 years, he thought that it might Mr. Erickson said what the Council was expecting him to do was to put up with the situat�on with the water until or if this "miyht" come up. He questioned if anyone should have to put up with this on someone's hunch for the future. Councilman Starwalt stated Mr. Erickson had 6ought the property. Mr. Er�ckson commented that he had bought the property with the assumption t9iat the City would he putting in the storm sewer s�nce there was a pendiny assessment. Councilman Fitzpatrick said Mr. Erickson had paid for this assessment in the pu7-chase price of his home. The City Attorney advised Mr. Erickson that the assessments become pending after the public hearing, but this does not mean the plan is going to 6e implemented. Councilman Starwalt interpreted this as the City can keep the s�tuation as it is, if �t would ltke to. Mr. Erickson said if the City had gone ahead with hts propusai at the time he proposed it, it would have cost $10,000. He said at that time, the City said ±here had to be another plan because of the development that would be coming into the area. He said the City had said that more of the property �wners would plan on developing their property. He questioned who plans to do this �The City Manager� satd there are no pen�ing assessments, this �s escrow an� this is different. He said this is the only area where there were pending assessments and the C7ty had decided to not do the pro�ect. The City Manager said the City had only talked t� three to four people concerning tne improvement He sald ihere should be some re-study on the question and the people should ��e called in He �omrnEri�ed that he had yet to see the ma�ority �f the peopie vote in favor of a s�orm sewer, �t is always on the people on the bottom of the hil1, �he people at the top say that they paid more money for the higher property He said he wou1� strongly urge the Council to call the people in for a public heariny. The City P�anagFr aske�l if the Council would vote on receiving tfie communication. He also menY,ianed that there should be some action concerning h4r. Er�ckson's property. He suggested call�ng the people �r and givrny different levels of sewer proposals. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 19 The City Attorney quesiioned, other ihan what type of system. He said there is no question that the City is damaging Mr. Erickson's property 6y collecting and dis- charging storm drainage onto his property. He said this could be taken care of without taking care of the long term storm sewer solution. He said he did not think there was any question that the City has the r�ght to discharge water into other areas because this is doing undue damage to his property. He said the last t�me the Council had dicussed this matter They had suggested a short term solution to the problem unt�l the City is ready to assess the people for the complete improvement. Councilman Starwalt said the City is going to receive a recommendation from the staff He said he thought the berming on Gardena would help considerably. He said they had not received the plans and cost f�gures for this proposal. Councilman Starwalt said he had seen the letter and knew that the City Attorney had to answer it. The City Attorney said he did not have to answer the letter. Mayor Nee said �f the Council does not order the improvement, the escrow money would have io be released. The C�ty Attorney said the letter did not say when the money had to be released. Councilman Brdier said the City does not have the money. UPON A VOICE VOTE, all vot�ng aye, Mayor Nee declared the motion carried unanimously and the communication recieved. CITY ATTORNEY TO BRYANT FRANKLIN CORP.: WAREHOUSE LEASE The City Attorney satd he was asked to prepare an optnion concerning the proposed use of a vacant warehouse on 79th Avenue. He said this would be used for storage of merchand�se on a temporary basis. He said he understood this short per�od to be about two weeks to a month He said they w�ll be selling merchandise also. He said he had pointed out to the applicant that if this was to be on a permanent basis that they would have to have a parking and landscaping plan approved by the Council. He said after discussing the matter with the Community Development Administrator, he did not feel any permit would be required for this use. MOTION by Councilwoman Kukowski to receive the communication from V�rgil Herrick, City Attorney concerning the lease betw�nBryant-Franklin Corporation and Bakn's on 79th Avenue and dated May 14, 1975 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider asked if this was the same request as the previous request where there was to have been a 20 acre parking lot created. The City Attorney said no, that operat�on is located in Apache Plaza. The City Attorney further explained that this merchandise is �nsurance salvage from the Omaha Tornado. He said this would be short term. H. F. BERGMpN• SERVING ON COMMISSION: MOTION by Councilman Starwalt to receive the communication from Mr. H. F. Bergman, concerning serving on a City Commission and dated May 14, 1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AMENDMENTS IN TOWING CONTRACT WITH SHORTY'S TOWING: The City Manager called on the Public Safety Director to explatn the proposal. The City Attorney said the Public Safety Director had prepared the amendment in his absence. The City Attorney expla�ned that Shorty's Towing has had the City's Towing contract and this contract �ndicates he may have one wrecker at his residence "during normal business hours". He said there was a complaint by one neighbor who claimed he was carrying on business �n his home which would be in violation of the zoning code. He informed the Council that the Contractor was found guilty of this. The City Attorney said he met w�th the Publ�c Safety Director and the City's Prosecuting Attorney and hoped to develop a compromise so he could serve the City stay with�n reasonable bounds in re9ard to the complaint from the neighbor. � � � REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 20 He said the contract is proposed to be changed to allow one wrecker of a small size and also the wor�s, "normal business hours" would be deleted. He said this would allow a one ton pick up with a hoist on the back. He said if there was only one parked at the res�dence, th�s would not have any great significance. He said the contract should be amended in this regard. Mayor Nee asked if the zoning would allow this The City Attorney said this would �not change the zoning requirements. He said they had explained to the contractor that if they had a large num6er of vehlcles coming �n and out of the property, they mi9ht receive another complaint and might be found gu�lty to this. He said with the amendment in the contract, one truck would be permited to park on the residential property. He mentioned that thts would not he a violat�on of the cade of operations from ones home. The City Attorney mentioned that the vehicles to serve the City in an emergency. Mayor Nee quoted a portion of the proposed contract and said, "its says the contractor is exempt from the City Ordinance". He asked if this would be possible. The City Attorney said he did not have a copy of the proposed amendment. He said maybe this wording should be taken out of the contract. The Public Safety Director addressed the Council and indxated that the quoted langua9e was a part of the current contract. He said the only change made was to allow the man to use one vehicle to come home and go back to his business. He said he may get called out in the middle of the night and not come out to work unt�l later in the day Mayor Nee said this portion of the contract should be deleted, the City could not exempt one person from the ordinances The City Attorney said he would like to give the Council a little 6ackground. He said he did not think the City would have any control over the man driving his vehicle back and forth and parking Zt in the driveway He said a mumber of people �n the City �do this. He said this language was proposed to advise the contractor that a limited number would have to 6e complied with. He said this would be the difference of what could be done under the contract and what would be allowed under the ordlnances He said this proposal would allow him to park one small vehicle for any hour, not only during the normal business hours. He said this decision was not because there was a v�olation of the ordinance, but because it was in violatton of the City's contract with the Towing Firm. Councilman Fitzpatrick asked why the contractor could not park there as long as everyone else does. The City Attorney said the area residents would not want three 30 ton diesels parked there. He said the court was concerned that he may be operating his business from his home. Mayor Nee asked how the court arrived at this. The City Attorney explained that they had been parking many vehicles at many times of the day. He said the number of vehicles and the coming and going during the day was the basis of the complaint. Mayor Nee questioned if the other employees of the firm also park the vehicles in their driveways. The City Attorney said this is done all over the community. He menttoned one that is 6D feet long is parking by his home. A representative of the contractor addressed the Council and explained that the firm in on probation from the Court and tf the truck would remain there late in the morning, they may have to go back and pay a$600 fine. The City Attorney said the City should have the vehicle available for emergency service. Mayor Nee said the City Attorney's opinion �s that if this contract was to be amended, this would protect the contractor from prosecution. The City Attorney said if the owner of the area home fees he should not be prosecuted. He said if the contract is complied with and only one small vehicle is parked at the residence, he felt ihere wou1d not be a complaint Mayor Nee questioned �f the City's Prosecuting Attorney had prosecuted this case. The City Attorney said yes, he prosecutes all claims. Councilman Fitzpatrick said this was not a violation of the ordinances, it was a violat�on of the contract. The City Attorney said yes He sa�d he had thought that the case was brought in with the assumption that �t was a violation of the ordinances. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 21 MOTION by Councilman Breider to amend the towtng contract with the inclusion of the following statement: "That the contractor agrees and understands that he is allowed to park one non-diesel type vehicle not to exceed i1,000 pounds gross weight, Tn his driveway or garage or in the driveway or garage of an authorized employee in a residential area," also that the last sentence in the proposal be de�t�d. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. MAYOR NEE'S SUGGESTIONS FOR TOPICS AT THE MAY 28TH CONFERENCE P1EETING OF TH rnunrrii . Mayor fJee suggested that the Council discuss the Critical Areas Designation of the Mississippi River, appointments to the Boards and Commissions, and Establishing relations with Spring Lake Parl<, Blaine and Coon Rap�ds in relation to the watershed into North Park. ADJOUNMENT: MOTION by Councilman Bretder to adjourn the meettng. Seconded by Councilwoman Kukowski, Upon a voice vote, all voting aye, P4ayor Nee declared the mot�on carried unanimously and the Regular Meeting of the Fridley Ctty Council of May 19, 1975 ad�ourned at 10 30 P.M. � � � , ,�f �./„��;,-� Pat Ranstron� Secretary to the C�ty Counc�l Date Adopted= ���"p''"��°� 7-�-�5 William �. Nee �layor ' � �