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06/16/1975 - 00015210� L__.I r ��1 THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF JUNE 16, 1975 The Regular Meetin9 of the Fridley City Council of June 16, 1975 was called to order at 7:32 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those attending the meeting and tnvited them to join the Counctl in saying the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSEPdT Councilman Starwalt, Councilman Fitzpatr�ck, Mayor Nee, Councilman Breider. Councilwoman Kukowski PRESENTATION OF CERTIFICATES OF APPRFCIATION• DONALD BLAIR JOE CHRISTENSEN GEORGE MEISSNER RICHARD FREPJCH WAYNE SIMaNEAU DON NELSON WILLIAM TONCO FATHER ED CHMIELEWSKI BARBARA HUGHES GEORGE ZEGLEN RUSSEL HOUCK HARRY CROWDER DON CISAR PARKS AND RECREATION COMMISSION PLATS AND SUBDIVISIONS, STREETS AND UTILITIES PLATS APJD SUBDIVISIONS, STREETS ANQ UTILITIES PLATS AND SU6DIVISIONS, STREETS AND UTILITIFS BUILDING STANDAR�S �FSIGN CONTROL SUBCOMP1ITTEE BUILDIPlG STANDFlRDS DESIGN CONTROL SUBCOMMITTEF BUILDING STANQARDS �ESIGN CONTROL SUBCOMMITTEE CATV COMMISSION CATV COMMISSION CATV COMMISSION EN�IRONMEPITAL QUALITY COMMISSION BOARD OF APPEALS POLICE COMMISSIDN Mayor Nee called those forward in attendance at the meeting who were to receive awards. He explained that there were a number of people retiring from the various Boards and Cononissions due to the reconstruction of the member commission structure. Mr. Richard French, Wayne Simoneau, George Zeglen, Russel Houck and Mr. Don Cisar were present to receive zhe certificates. Mayor Nee read the certificates to the receNients and said they are issued with profound gratitude from the City Council. He thanked each of the men present and said the Council appreciated their efforts. APPROVAL OF MINUTES: REGULAR COUNCIL MEETIDIG OF APRIL 21, 1975: MOTION by Coucnilman Breider to adopt the minutes of the Regular Meeting of the Fridley City Council of Aprtl 21, 1975 as presented. Seconded by Counctlman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A�OPTION OF AGENDA. Councilman Breider said he would ltke to add a petition for �mprovements in Terrace Park. �MOTION by Councilman Starwalt to adopt the agenda with the addition of the petition concerning Terrace Park. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimoi�sly OPEN FORUM. VISITORS: MR. R. G. RUMPSA, 1481 NORTH INNSBRUCK DRIVE PRESENTATION OF PETITION REOUESTI�IG Mr. Rumpsa addressed the Council and satd there has been a problem of 6uilders dumping building inaterials and trees in the vacant lots in Innsbruck North. MOTION by Councilman Starwalt to receive Petttion No. 14-1975, concerning the dumping of building materials in vacant lots in North Innsbruck. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, May�r Ivee declared the motion carried unanimously. � �r ,-� REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 2 Counc�lman Starwalt asked if the trouble was with contractors or individuals and Mr. Rumpsa sa�d this was with everyone, individuals and contractors from the area and outside the area. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried una m mously. Mayor Nee asked if there was anyone else that wished to address the Council under the 1lisitor's Section. PUBLIC HEARING: PUBLIC HEARING ON THE OVERALL WATER MANAGEMENT PLAN FOR RICE CREEK WATERSHED DISTRICT: J � Mayor Nee said the purpose of the current public hearing was to obtatn as much expert analysis and publ�c1input as possible prior to the public hearing by the Watershed �istrict on the coming Saturday, June 21, 1975. He sa�d he would like some input on what the City's position would be at that hearing. The Pu61ic Works Director expTained that this would be the unofficial public hearing on the overall plan and that the City had invited managers of the Rtce Creek Watershed �istrict to attend this hearing. Mr. Sobiech continued to explain that the overall plans are required by all watershed districts by Act, and all districts must prepare such an overall plan. He sa�d the plan would 6e subject to review and modifications after its adoption. He said each �ndividual development or improvement plan w711 be reviewed to see thatit follows this overall plan and would be subject to the procedures set in the Watershed Act. He said if there was any development along the creek, the adjacent and/or affected property owners would be called in. Mr. Sobiech explained that the Overall plan had been submitted to the Fridley Environmental Quality Comm�ssion anc he read their comments in the minutes of their June 10, 1975 meeting concerning the Overall Plan. He said the plan is also being reviewed by the �NR. He said the DNR was not in the posit�on to send a representative to the current meeting. He said the Administration did not feel that there will be any adverse affects from the plan. Mr. Ernest Petrangelo, Rice Creek Watershed District, said the basic and most primary directive of the Overail plan is to preserve and controT the water in the Rice Creek Watershed District. He explained this to be a complex task which would deal bas�cally with the drainage and preservation of the Watershed District, maintain the quality and quantity of the water. He explained that there are 30 municipal�ties in the district and some of them have only one purpose, to get rid of water. He said the success of the preservation'�f the district would depend on how this water is disposed of. Ne said they hoped to control the release and drainage of the water in the district. � Mayor Nee asked Mr. Petrangelo what aspects would fix the problems in the City of Fridley. Mr. Petrangelo said the problems in the Fridley area will be corrected. He said the Watershed District had already done many thinys to help alleviate the pro6lems in the funnel end (Fridley Area). He mentioned that all �nvolved are concerned about sedimentation and siltation. He said rules and regulations would have to be adopted to control the erosion problem. He mentioned the erosion control measures that must be followed by the adoption of the permit system. Mr, Petrangelo said the turning around point has been reached and it will take some time to correct the damage that has t,een occurring for a great number of years. He said the siitation and sedimentation �s caused by water carrying along the creek bed and sand and silt from ditchways. He said the �Istrict has required development in the district to be done by pondina rather than direct discharge in the creek. He said th�s type of activity would stop the siltation and sedimentat�on and filling of Locke Lake. He mentioned some of the measures being taken as establishing the permit system, controlling construction, requiring suitable controls for ponding. He said �t is the intent of the Board of Managers to correct the problems � so the sedimentation and siltation are taken care of. Ne said this has �aken years to develop and will take time to correct. He said by the adoption of the overall p1an, they would be able to come to a stopping point. He satcl this would be a workable tool to address the problems in the funnel end of the Rice Creek Watershed District. He commented, to see the progress, many cond�tions up stream would have to be corrected first. Mayor Nee asked what the contents of the large Overall Plan was really saying. Mr, Petrangelo said the book contains data that will be used to make good and long standing dec�sions and implement programs. He said they had begun to determine and gather information for this data base such as water quality and quantity based on engineer�ng principals. Mayor Nee questioned what is meant by channel improvements. Mr. Petrangelo said there would 6e no extens�ve channelization of Rice Creek. He said they had no intent�on of creating a straight d�tch, they were also considering the esthetic values. He said � n� ��, PUBLIC HEARING MEETIMG OF JUNE 16, 1975 PAGE 3 the creek is a meandering creek and thisis one reason that there are problems with erosion. He said they are proposing the stabilization of the banks in many forms he said they would like to keep the creek the way it is, and if anything is done, they would like this work to improve the creek with stable banks and at the same time have this act as a drainage conduit. Mr. John McCennan, representing Nickok Associates, explained that the progress that 'has been made ts working quite effectively. He used the example of the construction of the Medtronics Building. He said if the erosion control measures had not been taken, the building would have washed into the creek. He further pointed out with the laws of 1975, it makes it a misderr� mor to act without theproper authority of the Rice Creek Watershed Distrtct. Mr. McCennan continued to comment that it has been said that the Overall Plan as presented ts too vague or too large. He mentioned that if a specific pro�ect came along, it would be taken care of with specific plans and hearings and notice to the people involved. He explained the local authority by stating that if the City of Fridley wanted to pass their own erosion control ordinance, this would take precedence over the Rice Creek Watershed District ordinances. He sa�d the managers of the District were not attempting to take over as an activ� body of government. Mr. Roger Wilson, 6941 Hickory �rive, said according to the map, there are 20 lakes inthe District before the Mississippi River. He asked if any of the lakes are filling up such as Locke Lake. Mr. Petrangelo said the lagoon in Long Lake is filling up. Mr. Larry Weimer, 221 Rice Creek Terrace, asked who would 6e paying for this work. Mr. McCennan ment�oned the current mill rate and said with the new law it would be possible to raise this mill rate and all who live within the D�strict would pay for this A resident of the area asked if there would be any direct assessment to the people residing on Rice Creek. Mr. McCennen said if there are any specific improvements �to benefit the abutting property owners, they would be assessed. He ment�oned there are three other methods of assessment, but they are complex. He said in qeneral work there can be a hearing with the assessment being levied across the whole district He mEntioned in'the case of the sedimentation of Locke Lake, this sedimentatton is not coming ,7ust from Fridley, and if something is done about th�s, people other than Fridley people would be assessed. Mr. Nick Garaffa, 6750 Monroe Street, asked in a large development where a pond is required, is it the responsib�lity of the developer or the City to create such a pond. Mr. McCennan said this is something that does not cost the citizens anything. He explaine din most cases the land to be developed would have some good and some bad ground. He said the lower ground �s normally used for ±he pond�ng area. Mr Garaffa sa�d generally the developer would take care of the ponding. He added, the City of Fridley had this type of situation and the City had paid for it. Mr. McCennan asked if Mr Garaffa was talking about the development ad,7acent io the New Brighton border. He satd there are a number of residents draining into this area and the City had some responsibility Mr. Garaffa said normally, the developer takes care of this. Mayor Nee asked what was being proposed in the book which is the Overall Plan. Mr. McCennan said this is an overall plan and continued to comment that in section Nine, there is a list of pro,7ects the managers would like to undertake. He read this list aloud tc,the Councnl and audience. He said besides the creek, the tributaries have to be taken care of. Mr. Wyman Smith asked if there would 6e some trouble with the City and the Board. �He asked if the City would have the right of veto power over the Rice Creek Watershed District. Mr McCennan said this is difftcult to analyze. He said he did not think the Ctty of Fridley could for the Ctty of New Brighton to do something, all would have to work in cooperation. Mayor Nee mentioned that someone said the work had to be petitioned by� the City and he asked if the Rice Creek Watershed �istrict did not plan to say what work had to be done. Mr. McCennan said any group could petition work to be done. Mayor Nee said the people are not experts. Mayor f�e questiond if the City would send a letter asking that the District help with the problems in Locke Lake, what would be done. Mr. McCennan said the Board would examine this and have a hearing. He said if there are no o6,7ections, plans and cost estimates would be obtained and another hearing would be held to determine how the improvement would be financed Mayor Nee said the initiator of the plans would be the City, not the Rice Creek Watershed D�strict. Mr. McCennan said yes. Mr. Wyman Smith asked if there is a special assessment, would this have to have a higher vote on the part of the Board . He questioned if the Board feels 2�� REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 4 that there should be iar�improvement and the public opposed it, would the Board still have the power to complete the improvement. He asked if the law would give the Board the power to say the people are stupid. Mr. McCennan said if the Board feels the improvement would be in the best interest of the health, welfare and interest of the people it could be initiate� He said the people would have the right to take the Board to Court. He exp7ained that the managers are� appointed by the County Commissioners and the County has direct power over the District. He said the County Commissioners ' would frave the power to appoint or not appotnt the managers. He said this is not a polittcal appointment by elect�on. Mayor Nee said the people would like to know who to hold accountable, would this be the City or Rice Creek Watershed District. Mr McCennan said this would 6e the managers on the R7ce Creek Watershed �istrict. He sa�d if the people want something they would not have too much trouble getting the petition together. Mr. Richard Harris asked what the boundaries of the �istrict were in the City and �ow these boundarise are determined. Mr. McCennan pointed out this area on the map and said this is determined by the Department of Natural Resources and this would be the area draining �nto Rice Creek. He said the area is narrow toward the River because much of this area drains directly into the River. Mr. James Antell, 6801 Hickory N E, asked if the Locke Lake area is salvageable. Mr. McCennan said this area is salvageable and it could be cleaned out He said years ago the area under ihe raiiroad tresseT was 10 to 15 feet deep. He said it could be cleaned out so that it is a nice lake. Mr. Petrangelo said dredging is very expensive but he would say that Locke Lake is salvageable, He said in time if the silt could be stopped, Locke Lake could be maintained as a m ce Lake, He said there had been progress in the siltation in the last oneto five years. Mr. Antell asked if the people assessed and benefited from this type of dredging would only be the people residing on Locke Lake. Mr. McCennan said the problems are from Long Lake to Locke Lake. He mentioned the worse area to be from Long Lake down. Mr. Anteli asked what about the drainage from the streets,and other parts of the City. Mr. McCennan said � thts type of drainage also atributes to the sedimentation. Mr. Petrangelo said he did not think that this was as much of a problem as the banks eroding and the creek bottom being washed away. Mr. Petrangelo said he had lost three feet of bank in his yard. He thought something could be done about it. He mentioned all that had been done so far was to gather infarmation and study the data. Mr. Petrangelo said with the approval of the overall plan they could get the go ahead. Mr. Antell asked if it would be up to the residents on Locke Lake to pet�tion the district. Mr. Petrangelo said it would be done by this method or the residents could petition the City Council and the Council could submit the petition to the District. He said tf the people came to the �istrict directly, the District would work with the City Council. A resident of Locl:e Lake said the lots on the Lake are betng affected by other people's silt. Mr. Petrangelo said the people would have to go the petition raute and see what could be done about it. A resident of Rice Creek asked if there would be any type of plan to return the eroded material from the sedimentaion areas to the points that had been washed out. He asked if the creek frontage would be returned to the or�ginal site. Mr. Richard Silverstein, 6675 East R�ver Road, said he had lost from 9,000 to 10,000 square feet of fill and asked how he would get this back. He mentioned that wild life and trees had been lost by the score. Mr. McCennan said this could be put in the maintenance area or channel improvement. � A resident of Locke Lake said something that had not been brought up is the amount of sand be�ng washed tnto Locke Lake from the streets. Councilman Fitzpatrick said one question in the mind of everyone is who would pay for the correction of the problems in Locke Lake. Mr. Petrangeio said he would like to see the improvements done with a distrir.t wide assessment levy. He mentioned he did not know if he would get ob�ections from other managers. Mr. Petrangelo said he did not know to what degree, the improvements upstream would take care of the Locke Lake situation. Councilman Fitzpatrick said a hearing would follow the receipt of the petition. Mr. McCennan said the overal plan would have to be adopted before anytning is donein the district. Councilman Fitzpatrick asked who would determine who would benefii from the improvements. : /f V REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 5 Mr Petrangelo said this would be determined by the Watershed Act, Chapter 112. Councilman Breider questioned who would pay for the restorative work. He said if the City of Fridley or City Council petitioned for the improvement, would this be paid for out of the general funds. He questioned if the other contri6utaries would also benefit. Councilman Breider said if the Watershed �istrict would determine there should be an improvement, and each of the distr�ct municipalities would have to pay �their share, does the Rice Creek Watershed District determine the share for each. Mayor Nee said the City would be contributing a great deal of water through their street dratnage. Counctlman fitzpatrick said the drainage from the City owned property might be one quarter of the City. Councilman Breider said this may be true, but how does the City get to the point of knowing how much is the entire C�ty share Mr. Leon Madsen, 561 Rtce Creek Terrace, addressed the Council and said they were currently discussing improvement of Locke Lake and the Creek in the City of Frtdley. He mentioned the possibility of putting in holding ponds up stream �n New Brighton and Lino Lakes. He said with development taking place up stream, this will increase the siltation and sedimentation. He �id the Board of P4anagers should establish some type of estimate for what the assessments would be and this would be more equitable in the long run. He said all that is done should be evaluated on who in the City of Fridley will be affected and who in the other communities in the same manner. Councilman Breider said Mr. Madsen brought up a good point that an assessment procedure should be established along with the overall plan He said this would enable all affected to know how this is going to work. Mayor Nee said this would be better than providing this by pro�ect. Mr. McCennan said this would be one way to assess by the property directly benefited, but another way would be to call the improvements general and have them be taken from the administrative fund. Mayor Nee asked how this would be worka6le when there is a great deal of private property. He asked how public work could be done on private �Tand. Mr PicCennan said this could be done, the state has ,7urisdiction on some of the water ways. Mr Nick Garaffa asked if Federal Funds could be used to help with this_ Mr. McCennan said this would be poss�ble. Mr. Garaffa asked the procedure for obtaining such funding. ""r. McCennan said this would be in the same manner as funds are obtained by the City from the Federal agencies. He mentioned one of these aqencies to he the Corps of Engineers. Mr. Garaffa asked what percentage would be taken care of by Federal funds if the project is eligihle. Mr McCennan said this would depend on the program and it might be as high as 90%. He said this may be in some cases, but he did not th�nk this would be typical of what they were tal4:ing about at the present tii�e A resident asked hrik many years down the road would it be before completion of the system. Mr. McCennan said it depends on how the land is developed He added, this is five times the water going into the creek than there was many years ago. A question was raised if there would be some rise in the water. Mr P1cCennan said no, there is quite a bit of land up there and much of it would be available for water management. Mr. Eugene Gruen6erg, 6963 Hickory Circle, said it appeared to him that the sedi- mentat7`br� was increasing rather than decreasing_ He said if something is not done soon, something would happen like the dam going out. Mr. McCennan said this season is different than what the people are used to. He said a great deal of silt was deposited tn the Lake before the conditton became nottcable He satd a small amount of siltation might look worse than before. He said much of this is due to the �construction of roads and sewers. He said he did'not think the condttions are as 6ad as they had been. Mayor Nee said the residents of Locke Lake are not convinced of this Mr ponavan Schultz, 15 Rice Creek Way N. E., quesGioned if the process of getting the siltatton out of Locke Lake would be more difFicult and expensive than getting it out of a stream. Mr. McCennan said he did not think it would be too expensive or add to the expense. Mr. Denm s Schneider, 6190 Stinson Blvd., asked what authority the Rice Creek Water- shed Distr�ct would have over a developer filling in or draining a marsh. Mr, McCennan said the policy is not fill in or drain a marsh. Mr, Schneider aksed if the Rice Creek Watershed District would override the actionof the City. Mr. McCennan said the District always has and he could ctte many examples of thts, He mentioned they may have missed the one in Fridley next to New Brighton �.1�_ 1I RFGULAR COUNCIL MEETING OF JUNE ]6, 1975 PAGE 6 Mayor Nee said this was not relative to the current item and should not be discussed at the current meeting. Councilman Starwalt said the assessment procedure is still a little hazy. Mayor Nee said the procedure is spelled out in the law. Mr. Dimpke, Manager of the Rice Creek Watershed District, gave a thorough explanation of an assessment process in the Lake Johanna Watershed Area and said the costs for this pro�ect were levied to a large area with each home valued at $25,000 paying 25¢. A resident of the City asked if it would be reasonable to request the City Coun�il to ask the Rice Creek Watershed District to do something about this. Mayor Nee said he was not sure what should be done. He mentioned the staff felt the overall plan was a reasonable approach to the prob]em. Mr. Howard Gruna, 261 Rice Creek Terrace, sa�d he thought most of the people are in favor of going ahead with this plan. He mentioned the original steps in lnitiating the Watershed District were taken in thE City of Fridley 12 years ago. He said they felt the Watershed District was the best way to solve the problems. The City Manager said the City representatives could go te the hearing indicatin9 ayreement with the concept of the plan. He added, he would indicate the City would favor bank erosion controls and an assessment on a broader area basis than those �mmediately affected. He mentioned that all of the persons interested should go to the hearing. The Public Works Director explained that the hearing by the Watershed District would be the comin9 Saturday mor m ng at 1D:00 A.M, at the Centerville Elementary School in Centerville Minnesota. Mayor Nee asked the members of the Cou�cil 7f this went along with their thinking The consensus of the Council was agreement of the concept of the plan. 585 - ESTABLISHING CHAPTER 113, REFUSE D � � Councilman Starwait said the Councii had discussed an amendment in the ordinance concerning the haulers driving one extra vehicle in the City for a period of three days without it being l�censed. He sa�d he could not find th�s change �n the ordinance. The City Manager said there had been a meeting with the haulers at which two were present. He said the staff representative was the Environmental Officer, Mr. Steve Olson. He sa�d those present did not see any problem in notificat�on to the City in this instance. They felt no need for this provision to be in the ord�nance. He said it would be better to handle this type of situation with mutual trust rather than incorporate specific language Counci]man Bre�der referred to page 2-C of the agenda and asked why there was a b7ank in section number three. The Pu61ic Works Dtrector said the date of the adoptton of the ord�nance would be inserted �n this blank. Mr. R3chard Harris asked if the portion of the ordinance concerning composting had been added. The City Manager said basically, this is not allowed within the ordinance. Ne added, like any law, if thTS is not rncTuded with specrfic 7anguage there would 6e no problem. Ne said if the compost pile becomes a nuisance, it could be taken care of on the complaint basis. He felt the health ordinance would take care of this. Mr. Harris said he did not agree with arbitrary enforcement of ordinances, He said he felt this should be spelled out. He sa�d what may be a nuisance to one person would not be a nuisance to another. The City Manager sa�d this had been researched and the laws existing in other communities are so complicated that people would give up composting 6efore following the ordinance. Mr. Olson explained that he had found a compost ordinance and this said the ccrtprsst had to be stored in a rodent proof, flyproof container. Mr. Qennis Schneider said isn't anything that draws flys and rodents a health hazard, Ne questioned 7f there was some language that would make this more acceptab7e� Mr. Olson referred to Section 113.01, Section Number 6, and read this portion of the ordinance deaiing with grass clippings, etc. Mayor Nee suggested that the wordinq "grass clippings" be cut and the language "except compost poles" be added. Mr. Olson � } L� r� REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 7 said the acceptable meam ng of the word refuse is solid waste. He mentioned that gravel and simi7ar materials is considered waste. He read this section of the ordinance and said compost is de6ris. Mayor Nee said this would rule out all organic farming. �Mr. Alex Barna, 560 Hugh Street N. E., explained that compost can be made from all organic materials including food scraps, animal waste and other substances. He said thyth�ng that is organic is compostable. MOTION By Councilman Fitzpatrick to refer the ordinance back to the Adm7nistration to add a provision for compost. Mayor Nee said the recycling of orga m c material has increased in popularity the last few years. He said a City compost pile had been proposed in the last year's budget. SECONDED BY ,Councilman Starwalt. The City Manager said the City Counctl wanted quick action on the proposed ordinance and this is the fourth time that it had come before the Council. He said th�s ordinance had been rewritten ,7ust as the Council had directed the Administration to prepare it. The City Manager suggested rather than refer the ord�nance back to the administrat�on that some lan9uage be added at the present time to state, "leaves and grass can be stored for recycling as long as this does not cause a health hazard". COUNCILMAN FITZPATRICK WITHDREW his motion to send the ordinance back to the administration MOTION by Councilman Breider to amend the ordinance by �ncluding the language that "leaves and grass clipping piles for organic recycling are exempt from refuse as long as this is done not to become a health hazard or nuisance". Seconded by Councilman Starwalt. Upon �a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to waive the second reading of the ordinance and adopt the ordinance on second reading and order publication of the refuse ordinance as amended. Seconded 6y Councilman Starwalt. Upon a voice vote, all votrng aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OFAPPROVAL OF PLANS AMD VARIANCES BY MERI�AN CORPORATION, 7859 EAST RIVER ROA� TABLED 2, 1975 : The Public Works Director explained that this was a request by the petitioner for variances for construction on East River Road and 79th Avenue He referred to page 3 of the agenda book and explained the number of variances requested. He pointed out that the Board of Appeals at their meeting of May 13, 1975 recommended approval of the variances (noted as A through G) with the stipulations that there be a no left turn sign on the exit to East River Road and that three parking stalls be eltininated on the northwest corner of the property in the hope that this be turned into green area Mr. Sobiech said the Building Standards Design Control Subcommittee at their meeting of May 22, 1975 recommended approval of the variances and request with a num6er of stipulations. The Public Works Director indicated there were three representatives of the petitioner present. Counctlman Breider questtor,ed if the Counctl had constdered closing off the East River Road entrance. Councilman Fitzpatrick sa�d he felt this was a considerable aspect. �A representative of the petitioner said he felt they could get along without the access. Mayor Nee asked if the property owner would pet�tion for the City for a change in the zoning to C-1. The representative asked what the time element would be on this type of application. He �id the 7-11 Store people would be using a part of the building and they would like some indication on the approval. Mayor Nee said this would not have to 6e processed at the present time, only petitioned for. He added, this would be a future guarantee for more restrictive uses. He said this type of zoning would allow the uses petitioned for at the present time, 6ut would eliminate the possibiltty of other uses inthe future. The representative asked if there would be any assurances that they would get the building permit. Mayor Nee said the Council was talking about the additional stipulation that the access on East River Road be closed off ar� that the applicant petition for a change in zoning 2�� REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 8 from C-2S to C-1. After considerable discussion concerning the zoning change and development of the property, the applicant said he would not ob�ect to these stipulations The City Manager pointed out another stipulation should be the dedicationof an easement on East River Road for right of way. The applicant questiored the parking requ�rements under the proposed zoning and asked if this would change the criteria. The Council consensus was that the maximum would be , allowable, but his coul� be reduced if necessary. M�TI�N 6y Councilman Fitzpatrick to approve the variances with the stipulations recommended by the Building Standards Design Control Subcommittee and the Board of Appeals and with the additional stiupation that there be no access on East River Road, that an easement be dedicated on East River Road for right of way, and that the applicant will petition for zoning change from C-2S to C-1 and that there will be no contest on this zoning change in the future. Seconded hy Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERATION OF FIRST READING OF AN ORDINANCE AMENDING 1975 : R 507. OF THE CITY CODE MOTION by Counrilman Fitzpatrick to waive the fqrst reading of the ordinance and adopt the ord�nance on first reading which would amend Chapter 5D7 of the City Code of the City of Fridley relating to Municipal Bathing Beaches. Seconded by Councilman Breider. Councilman Starwalt said he questioned th�s amendment because it would not allow a man to take his family on a picnic and take a beer from his picnic basket and drink it. The City Manager said under the existing ordinance this would be unlawful. He explained the current action to make the ordinance comply wzth the useage of the parks in the City. He said it would make it possible for beer to be used in Locke Park, in Commons Park with a permit and also neighborhood parks with a permit. Mayor Nee said perhaps what is the park area. go to Locke Park. the key to this ordinance would be ti�hat is the beach area and The City Manager said if the people want to pic m c they should The City Manager indicated thatthe Council �ha� received a recommendation from the Parks and Recreation Department that the current ordinance should be enforced. He said the Council has asked that something be done to have the crdinance comply with the present use of the parks. He said the provision to allow the use of beer in neighborhood parks had been added to allow neighborhood picnics. Mr. R�chard Harris asked if this item had gone 6efore the Parks and Recreation Commission. The C�ty Manager said they had re+�iewed the item twice. Mr. Richard Narris asked if this would be another arbitrary law. Mr. Nick Garaffa, E570 Monroe St. h. E., said if the problem is that too many young people are abusing the parks, wY�y doesn't the Council adopt an ordinance d�rected at this kind � problem. Dlayor Nee said the City has an ordinance to flatly prohibit consumption Tn City parks and it is not being enforced. Councilman Breider said the ordinance should be enfor�ed, but currently the Counril was talking ahout what is tolerable and reasonable, He said if the currently being proposed ordinances are adopted, it would allow use of beer �n all of the Ctty parks upon gaim ng a permit and Locke Park without a permit and would only prohtbit beer on the beach areas. He said they would be considering two different ordinances, one referring to parks and the other 6eaches. Councilman Starwalt said he did not want to stir up any problems, but he thought the proposed ordinance was go�ng too far. Councilman Breider said the ordinance was amended by recommendation of the City prosecutor and because he had a problem. He questioned why the ordinance concerning beaches had been brought to Council. He said he could not remember th�s being discussed before. Councilman Starwalt questtoned if the ordinance should be referred back to the Parks and Recreation Corrmission. Councilman Breider said he wished the prosecutor was present to inform the Counc�l on what would be undesirable about the present ordinance � � Mr. Garaffa said he thou�r the permit should be issued on a once a year basis. He questioned if someone wanted to have a picn�c, could they reach sonieone in City Hall on Sunday afternoon to obtatn a permit. � G� J REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 9 Councilman Fiitzpatrick said if the people want to picnic, they should go to Locke Park UPON A ROLL CALL UOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Council- man Breider voting nay, and Councilman Starwalt voting nay, Mayor Nee declared the MOTION FAILED. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 508 OF THE CITY CODE OF THE CITY DF FRIDLEY RELATING TO PARKS AN� PARKWRYS FROM MEETING OF JUNE 2, 1975 • Mayor Nee read the proposed ordinance to the Council and audience. MQTIDN by Councilman Starwalt to adopt the ordinance on first reading amending Chapter 508 of the City Code of the City of Fridley relating to Parks and Parkways. Seconded by Councilman Breider. Councilman Starwalt suggested that the ordinances be directed to the Parks and Recreat�on Commis,ion for a wide spectrum ordinance. The City Manager said this has gone before them twice in the past He said the ordinance had been amended to conform to what had been discussed at the last meeting of the Council. He said this was more liberal than what the Parks and Recreetion Commission had recommended. He mentioned that this may not serve a workable purpose to send the consideration back to the Corrunission. He said if there is further modif7cation to be done this could 6e done by the Council at this time or in the future by amendments. The City Manager�minted out that if the current ordinance remains in effect, and a citizen called on this type of violation, the City would be forced to prosecute, because the accepted practice is in violation of the City Code. Councilman Starwalt questioned whether beer would be allowed at the present time since the ruling concerning non-intoxicating malt liquor by the State. He suggested dropping �the wording "non-�ntoxicating ma]t ]iquor" from the first paragraph. The City Attorney said non-intoxicating is defined by less than 3.2 percent of alcohol by we�ght. Mayor Nee said he thought the amendment needed to be changed to strike the word 6eer. The City Manger said the problem would be in enforcement. He mentioned one would have to look at the cans to determine the content. Councilman Breider asked what the purpose of the ordinance would be. The City Manager said currently, the consumption of 6eer or liquor in the City Parks and the City is making exceptions to allow 3.2 beer He said the ordinance would not he more restrict�ve, it would be more l�beral. Councilman Breider asked if it �s not permited at the present time, why was this 5ection being added. Councilman Fitzpatrick said 3.2 beer is not intoxicating liquor. The City Manager said the Public Safety Director had done a great deal of work on the subject. He added, the ordinance had been given to the Council in just the way that they requested it. He suggested that the ordinance be adopted on first reading. Mayor Nee said the question would be whether or not they want 3.2 beer in the park system. Councilman Breider agreed and said the purpose of the ordinance was to be able to prosecute people who get out of hand. Mayor Nee sa�d this would not be a7lowed in the parks without a permit Councilman Breider asked the City Attorney his opinion of the concern. The City Attorney said he thought this should be defined in the ordinances. He suggested �the wording relate to the amount of alcohol rather than a specific name_ He menttoned if the law is going to be enforced, it would make it necessary to look at the container. The City P1anager explained there may be some problems in this type of enforcement if several people are consuming beverages and only some are causing problems, He suggested the ordinance be adopted on f�rst reading and more information could be obtained for any possible amendments on the second reading. Mayor Nee restated the question 6efore the Council asking if they would want tg permit the use of 3.2 beer in the parks on a permit basis, or enforce the current ordinance Councilman Starwalt said he was under the impression that the Council was trying to eliminate problems not excuse what is prohibited. Councilman Fitzpatrick said he would like to see �an ordinance that could be enforced. He said presently, the ordinance is not being enforced. Mayor Nee asked what reasonable compromise would be. The City Manager po�nted out that �r:) �� _ II� � � ' � iJ � REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 10 r�� �, � ` the Parks Commission had said to enforce the present ordinance and the Council modified it. He suggested the Council adopt the ordinance on f�rst reading and amend if necessary on the second. Councilman Starwalt take care of all of possible. asked if it would 6e suitable to work out an ordinance that would the possibilities successfully The City Attorney said this would be MOTION by Councilman Breider to table the consideration of the first reading of the ordinance amending Chapter 508 of the City Code and refer this back to the administration for review by the Prosecuting Attorney and the non intoxicating section, and that the Public Safety Director and the City A,tis�rney work together in the drafting o�` a suitable ordinance. Seconded by Councilman StarU�aTt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. (Note: This ordinance was taken from the table later in the discussion.) Mr. Albert Camp6e11, 5840 3rd St. N. E., satd when you are talktng about beer, it depends on the consumption not the alcohol content. He explained that it would be possible to become intoxicated on 3.2 beer. A member of the Fridley Jaycees addressed the Council and said at the softball tournaments they have to tall people that is is alright to drink the beer that is sold on the premisis, but inform them that they cannot bring their own. Councilman Starwalt said it was his hope that the ord�nance would solve this kind of problem Mr. Alex Barna, 56D Hugo Street N. E, referred to the softball tournament and said all who are participating are told thaY they cannot 6ring in their own beer He said they caution that this is against the City ordinances. Councilman 5tarwalt questioned if the ordinance should periiaps be adopted on first read�nr and the Council could work on the amendments in the future. Mr. Barna satd it would be possible for the City Attorney to work out a better worded ordinance. The City Attorney questioned what the Council meant 6y non-intoxicating Councilman Breider said this should be done to include 3.2 beer. Mayor Nee said the matter could be taken from table. Councilman Breider said the ordinance could not be adopted and published before the tournament MOTION by Councilman Starwalt to remove the consideration of the amendment to the C�ty code in Chapter 508 from table. Seconded by Councilman Fttzpatrtck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, Councilman Breider said he would assume even if the ordinance is adopted on first reading that the intent would still be to ask the administration to prepare the material from the City Attorney, Prosecuting Attorney and Public Safety Director. Mayor Nee agreed with this statement. Councilman 5tarwalt asked if the ordinance should be directed back to the Parks and Recreation Commission. Mr. Nick Garaffa said the Council has discussed the fact that the Commissior had rev�ewed this matter twtce in the past. He said the Council had changed their recommendation , SM ING Councilman Breider said the resolution and action was recommended by Columbia Hetghts and sent back to the Administration for review. He said the recommendation of the Publ�c Safety Director was to send a letter to the Judges stating that the City will cooperate with any action initiated by the Judges in respect to ,7uvenile court and their proceedings. MOTION by Councilman Breider to send a communication to the District Judges indicating the City of Fridley is aware of theintentions of the proposed resolution and is w�ll�ng to work with the court system in any new procedures they may develop, Seconded by Councilman Fitzpatrick. UPon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimiously 7�? REGULAR COUNCIL MEETING OF JUNE 16, 1975 NEW BUSINESS: CONSI�ERATION OF FIRST READING OF PAGE 11 �UEST BY RICHARD POVLITZKI, MOTION by Councilman 6reider to ta61e the consideration of the first reading of an ordinance for rezoning request by Richard Povlitzki ZOA M75-02, to rezone from C-1 to C-2, 7365 Central Avenue N. E. Seconded by Councilman Fitzpatrick. Councilman Fitzpatrick said the rezon�ng would take four of five votes and in of Councilwoman Kukowski, he felt this item should be tabled. Mayor Nee said the Council can take action with four members the absence� The City Manager said there would have to be a four/fifth vote to adopt the ordinance. UPON A ROLL CALL VOTE TO TABLE THE CONSIDERATION, Councilman Breider voting aye, Counil- man Fitzpatrick voting aye, Councilman Starwalt voting nay and Mayr Nee voting nay, Mayor Nee declared the motion failed until Mr. Mark Haggerty, Attorney for Mr. Povlitzki addressed the Council and asked tiva the Council reconsider the action since if the Council would take action to adopt the ordinance and it failed, it would be six months before the matter could be considered again and Councilman Starwalt reconsidered his vote and changed it to aye and Mayor Nee declared the matter tabled until the July 7th meeting of the Council Councilman Starwalt said he changed his vote upon the request by the petitioner's Attorney, not as a delay action. Mr. Haggerty said this was understood and he favored the tabling of the matter. FIRST READING OF AN ORDINANCE FOR VACATION REQUEST BY MACHINING INC., SAU #75-03, TO VACATE ALLEY BETWEEN ASHTON AVENUE AND RAILROAD TRACKS BETWEEN LIBERTY STREET APID LONG- FELLOW STREET: 140 LIBERTY AVENUE N. E.: The Pu61ic Works Director explained the request and the location as listed in the heading� He po7nt�dout that the Planning Commission had recommended approval of the request with several stipulat�ons He said at the public hearing the week previous, there were no ob�ections voiced to the vacation of the alley. He said the City had received correspondence from from the utility companies stating there was no problem in this var.ation. Councilman Fitzpatrick said �n view of the fact that there was no objections at the public hearing, he would be in favor of action at the present time. MOTION by Councilman Fitzpatrick to adopt the ordinance on first reading, waiving the reading. Seconded by Councilman Breider. Upon a roll call vote, Mayor Nee voting aye, Councilman Breider voting aye, Councilman Starwalt voting aye, and Councilman Fitzpatrick votinga aye, Mayor Nee declared the motion carried unanimously. CONSI�ERATtON OF FIRST READING OF AN ORDINANCE FOR VACATION REQUEST BY NORTH SUBURBAN The Public Works Director explained the property being vacated would be used by the C�ty of Fridley for park purposes. He said the Planning Commission recommended approval of the request with two stipulations. He read the stipulations to the Council. He said the stipulation dealtng with the improvement of the curb and the restoration�of soil on the part of the Hospital District should be modified to state that the City�and the Nospital District would »ork together. He said he had talked to representatives of the Hosp�tal District and they were in agreement with this arrangement. ' The Public Works �irector said it would be tn order to adopt the ordinance on the first readrng at the present t�me. MOTION by Councilman Breider to vuaive the reading of the ordinance and adopt the ordinance on first reading with the modified stipulations. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ABATEP1ENT OF NUISANCE AT 53RD AVENUE N. E. AND MAIN STREET P!. E. .niTrncrr�rrnn� �iTrrnri r�rv . The Public Works Director explained this to be a vision problem on 53rd and Main Street and noted by Ms. Doris Knutson, 6300 Starl7ght &lvd. He referred to page 10-A of the agenda where the portion of the City Code rela*ing to this problem was placed. REGULAR COUNCIL MEETING OF JUNE 16, 1975 The Public Works Director said the Staff had note where this kind of problem exists. With out the areas as possible hazards. I r � � 4i L PAGE 12 begun to travel throughout the City and the aid of photographs, Mr. Sobiech pointed The Public Works Director said the trees tn question that block the view in the area of 53rd and Main had been plated before the present oamer resided at this location. He said this �s a County Road with very ltttle property between the road and the -a�tual �private property. He mentioned the staff had talked to the property owner and he said he would cooperate with the City. He further explained that the naturalist and park supervisor would aid in this process of trimming the trees. In talking to the property owners, they pointed out that this is a hazardous intersection and there ha� been five accidents at thislocation in the last five years. The Public Works Director said he believed that there should be some additional signino �n the area. He again stated the property owner is willing to work with the staff to take care of this problem. LJ � Mr. Myron Tumtsma, 101 53rd Avenue PJ. E., property owner at 53rd and Ma�n, addressed the Council and indicated he would cooperate with the City in the trimming of the trees. He pointed out that in the past years, the trees have offered protection from the cars that are out of control at this intersection. He said he would trim th2 trees, but he would not agree to taking out the trees. Mayor Nee said he hoped the trees could be salvaged. Councilman Starwalt said if therc is a violation, they may have to go. Mr. Rumtsma continued to explain that the traffic has to creep into the intersection to qet around the trees at the other side of the intersection. He added, you must be one half way into the intersection to see around the other shrubs and by this tiine, the vis�bility is clear on this side. Mrs Rumtsma said there had been two cars that landed in their front yard recently, She said she felt these trees offered protectton for her• family. She added, she would seriously ob,7ect to their removal. Councilman Fitzpatrick said by the time a car is far enouqh into the tntersection to see the north bound traffic, they have cleared the trees on this side. Mayor Nee said there would be no action necessary on the present item. MOTION by Councilman Fitzpatrick to receive the communication from Mrs. Doris Knutson, 6300 Satellite Lane. Seconded by CounciTman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITIOPJ PlO. 12-1975 REGARDING VIOLATION OF FENCING CODE ON PICKINLEY STREET AN� MISSISSIPPI STREET N. E.: The Public Works Director explained that the Community Development Admim strator had reviewed this problem and indicated that this fence is in compliance with the Ordinance. He said there is really nothing that could be done by the City in the enforcement area to eliminate the problem. He said he suggested that the Planning Commission review the fencing section of the Cc,de and take care of this problem of allowing the rea4Y yard fence which would abut another front yard area. Councilman Fitzpatrtck said th7s matter had been brought to the attention of the Plann�ng Commission a6out one year ago. He said he had brought to their attention at that time. He thought there should be sonie modtfication in the rear yard fencing reauiations so that the front yard set6ack of another could not be blocked. Councilman Starwalt said he agreed with Councilman Fitzpatrick. Councilman Starwalt said he felt this consideration should be referred to the staff to initiate a more fair ordinance, Mr. Frank Smith, 1911 66z Avenue N E., said he was not familiar with the ordinance He said he would like something done before there is a loss of life, He explained t�at young people dart oa:t this driveway and cannot see if there is any traffic until they are in the street. Mr. Gary Rognrud, 6536 McKinley Street N E., said he was the property owner tn the area being discussed. He mentioned the Pwbiic Works Director had said in the previous dtscussion that the problem area in visibility were being sought out He said he did not feel that this concern where there is a hazard and safety factor involved less important a consitleration than the resolution of the beer ordinance. He said 40 people Yiad signed the petition favoring some action in this area. He mentioned there had been no cooperation from the property owners who own the fence. He said they w`re not present at the meeting. �i;c' �� . REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 13 Councilman Starwalt said he felt his fence was hazardous but it is constructed in accor- dar�ce with the City Code. He su9gested several changes in the distances that the fencing should 6e pl�edfrom the streat in this kind of case and said this case is not as bad as sanein the City. Ne said he was not aware that this had been brought up before and tt�ouq`�t that this consideration should be taken care of for a revision in the ordinance of the City as soon as possible. Mr. Richard Harris, Planning Commission Chairman, indic�ted that this consideration had , not been 7ost, it was within a]arge zoning code change cons�deration that the Planning Commission hae currently been working on. Councilman Fitzpatrick said this got into a large revision of the zoning ordinance Mayor Nee questioned if it would be possible for the City staff or the Council to solve the problem. Mr. Richard Kok, 6517 McK�nley Street N. E., addressed the Council and said it was his chtld that had been hit by a car recently in this area and this is something he did not want anyone else to experience He said he wanted the ordinance changed to cover this type of regulation. He said aTl of the people in the area feel that this is a problem and they would ]ike some help in solving this hazard, He added, the people of the area had talked to the owner of the fence and they had not reached an agreement for a solution to the problem. Mayor Nee asked if Mr. Kok would be willing to pay for the change in the fencing. Mr. Kok said he would be willing and he had told the people who own the fence this. The City Manager said the amendment of the ordinance in this case would not help the situation because if the ordinance or code is changed at this time, the fence would still be allowable because it would have been in existance before the ]aw was passed. He commented that the use �b�ould be grandfathered in. Mrs. Kok said she had tr�ed to negotiate some solution but the property owner said they would wait for some recommendation from the Counctl. She said the property owners feel that this is a hazard. Mayor Nee said he had talked to the property owner and they had indicated that the �Fence is not against the law. Councilman Fitzpatrick said he had also talked to the property owner and he indicated that he would have to say the usage is not aga�nst the law. Mayor Nee said he would support a change in the ordinance, but this would not help in th�s instance.. He said this would have to be negotiated. He questioned what would constitute a safety hazard. 7he City Attoney said the judge would determine thts in , court after hearin9 the testimony of those involved. Mayor Nee pointed out that the property owner had asked the City before the installation of the fencing and they said it was lawful and now, the man has made an investment on this premis. He said a]1 of the Counri,l wou7cl say that this ord�nance needs to be changed, but he could not see where in this instance they were in a position to proceed with any action. He sa�d he thought the citizens of the area could file a complaint, this is provided for in the fence ordinance. MOTION by Councilman Starwalt to direct the Admznistration to work with those involved for a satisfactory solut�on and/or compromise. Seconded by Councilman Fitzpatrick. Councilman Starwalt su9gested that the Administration be given a two week dead line. Mr. Kok saitl the people were looking for approval in their theory that this is a hazard. He said if this would be possible, he would appreciate it. Councilman Starwalt indicated that the current position is as strong as the Council could � get at the present time. Mr. Kok informed the Council of the schedule of the property owner for the next two weeks and advised the Administration to make rapid contact with him. MOTION by Councilman Starwalt to receive the Petition regarding the safety hazard on McKinley Street. Seconded by Councilman Fitzpatrick. Upon voice vote, all voting aye, P9ayor Nee declared the motion carried unanimously. UPON A VOICE VOTE ON THE MOTION TO DIRECT THE ADMINISTRATION, all voting aye, Mayor Mee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JUNE 16, 1975 ���, PAGE 14 RECEIVING THE MINUTES OF THE PLANNING COMh1ISSI0N MEETING OF �UNE 4, 1975: REQUEST FOR A SPECIAL USE PERMIT, SP. #75-04, THOMAS MILES TO ALLOW THE CONSTRUCTION ��141? ' The Public Works Director said the location was on Rice Creek Road east of Old Central. He said this is a large lot and the green house would be located in the front of the house so they wou7d not have to remove any trees. He said the Planning Commission recommended approval of the request with a number of stipulations. He read the stipu- lations from the minutes of the June 4, 1975 meetin9. The Public Works Director said Mr. Miles was present to answer the Council's questions. Councilman Stawalt said he had looked at the area and questioned what would f�appen with the drainage of the area Mr. M�les explained that there would be adequate drainage with the sandin the area and during the w�nter months he would be heating the greenhouse with a 200,000 E.T.U. furnace and there would be no ice build up. He sa�d he had checked w�th the manufacturer of the greenhouse and had conformed this. Councilman Starwalt questioned the driveway system which is shared w�th the abutting property owners. Mr. Miles said there would be no problem, there is room for 1D cars in the driveway. He saic� he did not plan to have so much business that this would not 6e adequate parking. Councilman Starwalt explained that when the applicant had come to City Flall to get the pQrm�t, it was issued w7thout realizing the construction would be in the front yar�. Mayor Nee said he did not feel the greenhouse was very obvious because of the wooded nature of the area. � Councilman Starwalt indicated that the applicant did not plan to bring in items to sell, they only would sell those items grown in i.he greenhouse. Mr. Miles said he would have to buy stock plants, � Mayor Nee questioned if this was to 6e a temporary structure. Mr. Mi7es sa�d this would not 6e any pro6lem. He said to moroe the structure, they would ,7ust have to pull up the stakes. MOTION by Councilman 5tarwalt to approve the Special Use Permit for the construction of the greenhouse at 1370 Rice Creek Road as requested by Mr Thomas Miles with the sttpulations recommended by the Planning Commission. Seconded 6y Councilman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to receive the minui;es of the Plam m �g Commissior� meetin9 of June 4, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETIi�G OF P1AY 27. 1975: A REOUEST FOR VARIANCES OF THE FRI�LEY CITY CO�E AS FOLLOWS: (1) SECTION 205.103 ON There was no action needed at the current meeting on this �tem. A REQUEST FOR A VARIANCE OF SECTION 205.154, l, FRIDLEY CITY CODE, TO ALLOW AN HCCESSORY BUILDING GREENHOUSE TO BE BUIL I HE'F'12�FTfi'YATFD�`�N�Rff-��fFTR�"fFE]{R RICE CREEK ROAD N. E.,_FRIDLEY, MINNESOTA CREEK ROAD N. E., FRIDLEY. P9INNESOTAI• 2�� REGU4_AR COUNCIL MEETING OF JUNE 16, 1975 PAGE 15 The Public Works Director said the Board of Appeals had recommended approval of the request for the variances to construct the greenhouse. MOTION by Councilman Starwalt to approve the requests for the variances as requested by Mr. Thomas Miles for 1370 Rice Creek Road to construct a greenhouse. Seconded by Councilman F�tzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unam mously. A VARIANCE OF SECTION 205.053, iB, FRIDLEY CITY CODE, TO REDUCE THE EA REOUIRED, ON A LOT RECORDED BEFORE �ECEMBER 29. 1955. FROP1 7500 E ' The Publ�c Works Director said this request was acted on at the previous meeting of the Council. EST FOR A TIME EXTEPJSION ON VARIANCES OF THE FRIDLEY CITY CODE THAT HA� PREVIOUSLY 14 � J111 JIRLLI IY. Mayor Nee asl:ed if the plat is ready to file on the residential property. Mr. Wall � answered tht the plat is ready to file but he was a little reluctant to file it until approval of the funding for the apartment complex. Mr. Wall mentioned he had talked to the people at F. H. A. that day and they had indicated that the process would only be a few more days. He said they said the firm commitment would be available in a short period of time antl he did not know ti�hat the commitment would be. He said he should be ready to determine within the next few weeks. MOTION by Councilman Breider to continue the approval of the variances as requested by the Wall Corporation. Seconded by Councllman Fitzpatrick. Upon a voice vote, all voting aye, Mayor iVee declared the motion carried unanimously, MOTION by Councilman Breider to approve the minutes of the Board of Appeals Subcommittee meeting of May 27, 1975. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETIPJG OF JUPdE 10, 1 A REQUEST FOR A VARIANCE OF SECTIOPI 205.053, 4A, FRIDLEY CITY CO�E TO REDUCE THE AVERAGE FRONT YARD SET6ACK FROM 35 FEET TO 10 FEET TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY The Public Works Director explained that the Board of Appeals had recommended approval of the request He indicated Mr. 0'Bannon was present to answar any questions. MOTION by Councilman Breider to approve the variance for 1410 Kerry Circle as requeste by Mr. Mzke 0'Bannon. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �1 A VARIANCE OF SECTION 205.153. 2. FRIDLEY CITY CODE TO REDUCE THE AVERAGE l. The Public Works Director explaired the location of the proposed canstruction in relation to the lot and existing dwelling. Ne said there is a drawing of the proposed construction on Page 14-F of the Council agenda. He indicated Mr. Miller was present. C �'� �. J 257 PAGE 16 REGULAR CDUNCIL MEETING OF JUNE 16, 1975 Councilman Starwalt said he was not a51e to get out and ]ook at the property and he really could not pass ,7udgement on the request Mrs. �4arlen Miller explained the home to be a rambler and they H�ere planm¢�g to construct the additton that would make the dwelling an "L" shape rambler She explained that this would be the only 'Nay that a double garaqe �ould be constructed on the property. She further commented that the area property owners had no ob,7ections to the request. Mayor Nee asked tf the applicants could place the construction in the back of the existing home. �Mr Miller said there is only 40 feet tn the bar_k at the present t�me. He said there would be room for only one dr�veway unless the ex�st�ng garage would be removed. MOTION by Counc�lman Starwalt to continue the request for the var�ance by P1r Marlen Miller until the July 7, 1975 meeting of the Council. Seconded by Councilman Fitzpatrick Mayor Nee sa�d as it apprears to him, there had not been an,y ob�ections to the cons- struction from the neighborhood. He explained that he wou7d not support this in his area and questioned if some agreement should not 6e obtained in writting from the abutting property owners UPON A VOICE VOTE, ALL voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS. SECTION 205,�63, 4A " ., , OF TE�d QOUBLF GARAGES TO BE LOCATED AT THE FQLL04)ING LOCFlTIOP;S. LOTS 11. 12. 14, IO The Public Works Director said the Board of Appeal� had recommended approval of the request. He called the Council's attention to page 1�4-G of th� agenda booklet. A representative of Portfolio Realty tndicated that he was trying to orga m ze the area and there was no place set aside for garagzs Councilman Breider asked if there was a request for fencing between the garages The representative explained tlat he would go a�ong with the three foot setback. He expla�ned there was some concern that trash would gather in hetween the two cons- tructions. Councilman Bre�der said he believed the construct�on of the garages would make a real difference to the area Counc�lman Bre�der suqgested checking of the area to tnsure that there is no garbage �n between the garages. MOTION by Councilman Breider to corcur wtth the recommendat�on of the Board of Apoeals and approve the request for the variances as requested by Portfolio Realty. Seconded by Councilman Star�walt. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously. MOTION by Counc�lman Starwalt to receive the m�nutes of the Board of Appeals Meet�ng of �une 10, i975. Seconded by Councilman Breider. Upon a votce vote, all voting aye, Mayor Nee declared the mot2on carr�ed unanimously RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION �9EETIPIG OF MAY 27, 1975. P10TIOP1 6y Councilman Sreider to receive the minu±es of the Environmental Qual�ty Commission meeting of May 27, 1975. Seconded by Councilman Starwa]t Upon a voice vote, all voting aye, Ma��or Nee declared the motion carried unanimously CONSIDERATION OF A REQUEST TO BUILD RESIDEPlTIAL GARAGE IN EXISIT�IG COMMERCIAL ZONED PROPERTY BY ALBEftT CAMPBCLL, 5840 3RD STREET: The Publtc Works �irector explained that this item had been brought to the Co:ancil to indicate acknowledgement on the part of the property owner that this is a non-conforming and inconsistant use in relation to the way the property is zoned. He sa�d �f the Ccuncil accepts P4r. Campbell's acknowledgement, the building nermit can be granted Councilman Fitzpatrick said he had no questions if this was the wish of the property owner. 25� REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 17 MOTION by Councilman F�tzpatrick to issue the buildinq permit to P1r. Albert Campbell, 5860 3rd Street to construct a garage. Seconded by Councilman Starwalt. Unon a vo�ce vote, all vot�nq aye, P4ayor Nee declared the motion carried unan�mously. CONSIDERATION OF A REQUEST FOP, EXTEPJSION OF TIME FOR RESERVING LIQUOR LICENSE, BY MAX SALITERMAN. FO KING'S CFIALET. INC,: The City Manager sa�d he had sought cooperation from f�r Sal9terman for the clean up ofthe property after the recent storm. He mentioned it has been difficult to get the � area cleaned up and there is material in the back of the buildings The City Manager said it is getting close to one year that the requ�est for the license had been made and noth�ng has happened tn thts direction. He satd he felt the extension should not be granted until some explanation of the use of the property is obtained. Counci7man Starwalt said he was not aware of the problems in the clean up of the property, He asked if there had 6een any progress in the construction of the liquor establishment, The City �4anager said he was not aware of any progress in this direction. He indicated that Mr Saliterman's Attorney Mr. Wyman Smith, was no longer in attendance at the meeting to answer these questions. P10TION by Councilman Starwalt to table the consideration of the request for the extension of the liquor ltcense for the King's Chalet. Seconded by Councilman Breider, Councilman Breider asked if the matter was tabled, would the resolution of intent expire. The Public Works Director explained that the request would not expire until Aiagust 3, 1975. UPON A VOICE UOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF F�U�J�S FOR E PLURIBUS UNUM PUBLIC EVEPlTS PROJECT BY HAROLCI BELGUP9: Counc�lman Fitzpatrick asked if funding was available from the City for this type of activity. Mayor Nee said the City Manager was aware of the 6udget. The City Manager said if the City Council wishes they could aoprove the appropriation of such funds. He said the legality of the question would have to be directed at the City Attorney, The C�ty Attorney said he was not familiar with the program and could not determine without some explanat�on �f this would be for public benefit. Mr, Harold Belgum, Director of the Program, addressed the Council and explained that the program had received a M7nnesota Huma m ties Commission grant of �9,700 to conduct a number of public events in Octo6er and �lovember of this year. He expla�ned that the entire County would benefit by bringing nat�onally known speakers. He said that the speakers of this type are expenstve and 1f they are to be obtained, there woul� ��ave to 6e additional funding provtded. He explained that the State Humanities Council would match dollar for dollar, any contribution from the local municipaltties or governmental agencies He explained that the funds were being audited by the President of the First Mid America Bank of Coon Rapids. � PMayor Nee asked the City Attorney if it would be leoal for the City Counc�l to appropriate funds to the program The City Attorney sa�d this would be up to the Council to approve, but he Feit there would be a benefit to the citizens of the commum ty and th�s would be legal. MOTION by Councilman Fitzpatrick to approve the apFropriation of $500 for the request � by Mr. Narold Belgum for t�e E Plurtbus Unum proyram. Councilman Starwalt questioned the use of the speakers such as P1r. Kuntsler and asked if this would be suitable to this area. He also questioned if there would be such famous speakers, why could they not charge admission for these events. Mr. Belgum explained it was a condition of the State Grant that no admission be charged to the genera7 public. Mr. Belgum further explained the program and rndicated it would promote provocative discussion, Councilman Starwalt questioned �f the City of Fridley needed such provocative speakers P1r. Belgum expla�ned that the State Council had o�nly qranted this one request for funding at their May meeting He menttoned this was the largest grant ever awarded ta a program. REGULAR COUNCIL MEETING OF JUNE 16, 1975 25� PAGE 18 Councilmar Fitzpatri�k mentioned the 12 people on the committee had been appointed by the Cour,ty Comnissioners. He questioned if the funds obtained from the City would endor�e any specific program. Mr. Belgum said thi< would not be for a specific program. Councilman Starwalt asked Mr. Belgum if he was 6eing paid for his services on the Directorship. Mr. Belgum ex;�183ned that he had donated his time for three months in the formulation of the proposed program and now he would be receiving $600 per month for �his contribution to the program. Mr. Belgum said he would not take the position of the Chairman of the Human Resources Commission, but he would serve as a member. Councilman Starwalt indicated it would be difficult for him to vote for appropriation of this money from the City. Councilr�an Breider said he could not see where this would be a help to the City of Fridley He asked what they were talking about and how would this benefit the people he represented. Mr. Bill Scott, mem6er of the Fridley Human Resources Commission, addressed the Counctl and said as a member of the Human Relations Commission, he felt this would provide informat�on and data that would be usefill to the Commission. He felt this would provide information on the various ethnic groups in the City of Fridley that would be valuable to the work of the commission in the future. He said this would be a ma�or task and worl; would'be done by them. Mr. Belgum said this would have to be done by the City eventually and this could define the monetary benefits alone. He mentioned it would also have some benefit with the cultural development of the City. He said the people who will take part in the program will be people usually not involved in the community and would share their heritage and cultural background with the community. He thought this would 6e a benefit to the History teachers of the City. �Mr. Belgum again stated that if the City of Fridley would contribute $750 to the program, the State Council would also contribute $750 and this would 6e a contribution of �1,500, He mentioned he could see a direct benefit to the Human Resources Commission. Councilman Breider asked how much money is in the budget for the Human Resources Commission. The City Manager said the budget vias probably already used for this year. The City Manager satd it would be possible to appropriate funds, it is all Ctty money. Mr. Alex Barna said because there is not enough of this kind of program, there is apathy in our community. He said he would favor the expenditure of the $750 and he added, this comes out of his pocket also Mr. Nick Garaffa said he would like to have the Council cons�der voting in favor of the allocatton. UPON A VDICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION N0. 79-1975 - ORDERING PRELIMINARY PLANS, SP�i]FICATIONS AN� ESTIMATES OF THE C STS THERE F: ST RM SEWER IM R VEMEN PR JECT N. 118: MOTION by Councilman Starwalt to adopt Resolution No. 79-1975 ordering preliminary plans specifications and estimates of the costs thereof, Storm Sewer Improvement Pro,7ect No 118. Seconded by Cou^cilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �RESOLUTION N0. 80-1975 - RECEIVIhJG PRELIMINARY REPORT AND CALLING A PUQLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STORM SEWER IP�IPROVEMENT PROJECT N0. 118: MOTION by Councilman Fitzpatrick to adopt Resolution No. 80-1975, receivtng prelmm �ary report and calltng a public hearing on the matter of the construction of certain improvements, Storm Sewer Improvement Pro,7ect No. 118. Seconded by Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motton carrted unanimously. RESOLUTION N0. 81-1975 - OR�ERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROUEMENT PROJECT N0. ST. 1975-1, ADDENDUM #3: Councilman 5tarwalt referred to the pu6lic hear�ng notice and sa�d he was surprised to read the information on the notice. He said he was surprised to see the improvement come up so soon. 2�0 Page 19 REGULAR COUNCIL MEETING OF JUNE 16, 1975 The Public Works D�rector said the only reason that this had not come up before was because of the potential of improvements in the area. He said now the last possible site has had �he util�ty connections waived. He said this would be a 28-foot roadway which would be minimum size since there would only be five people involved in the assessments. Councilman Bre�der said it would be difficult to show the benefits to the residents on 69th. Mayor Nee said the only alternat�ve would be not to improve the area and have the people ma�ntain the roadway. The Public Works Director said there �s only three people who live on the road. Councilman Breider said he felt the people on 69th who would be assessed would be angry about the assessment for this improvement. MOTION by Counctlman Starwalt to adopt the Resolution No. 81-1975 ordering prel�mtnary plans, specifications and estimates of the costs thereof, Street Improvement Project St. 1975-1, Addendum #3. Seconded by Councilman Bre�der. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. RESOLUTION N0. 82-1975 - RECEIVING PRELIMINARY REPORT AND CALLING A PUBLIC HE RI G R ENTS: S R E IMPR V M . -, . MOTION by Councilman Starwalt to adopt Resolution No. 82-1975, receiving preliminary report and calling a public hearing on the matter of the construction of certain improvements: Street Improvement Pro,7ect ST. 1975-1, Addendum #3. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 83-1975 - REQUESTING ANOKA COUNTY TO PROVIDE SAFETY IMPROIlEMENTS ON EAS3' RIVER ROA� AT 79TH WAY N.E.: MOTION by Counctlman F�tzpatrtck to adopt Resolution No. 83-1975, Requesting Anoka County to provide safety improvements on East River Road at 79th Way N.E. Seconded by Counctlman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , ' RECEIVING BIDS AND AWARDING CONTRACT FOR S&W #117(BID OPENING JUNE 5 1975): The Public Works Director explained and with the deduction of the clay pipe total of the bid would be $69,998.95. the initial bid to be $70,283.05 and use of the PVC pipe, the Counc�lman Starwalt asked �f it would be advisa6le to use the PVC pipe over the clay p�pe. The Public Works Director said there would be no difference tf the pipe were initially installed properly. He said the clay pipe has some drawbacks,and he felt the PVC pipe was the coming thtng. PLANHOL�ER BID DEPOSIT TOTAL BASE BID ,'�REMARKS Kamar, Inc. 1D% $ 74,30o.00 No Alternate � 330 Territor�al Road N.E. Minneapolis, Minn. 55434 Northdale Construction Co 8208 Northwood Parkway Minne�polis, Minn. 55427 Par-Z Contracting, Inc. 6544 H�ckory St., N.E. Minneapolis, Minn. 55432 �aWSOn Construct�on, Inc 1803 S. Ferry St. Anoka, Minn. 553Q3 10% No Bid 10� $162,470.00 � 71,222.50 Deduct 10¢ 30� REGULAR COUNCIL MEETING OF JUNE 16, 1975 cont. PLANHOLDER C.S. McCrossan, Inc. Osseo, Minnesota 55369 � Nodland Associates, Inc. Alexandria, Minnesota 55369 � � Hood, Inc. P.O. Box 437 Richmond, Mtnn. 56368 Alexander Construction Co. Co. Rd. 42 & Fa�rgreen Ave. Apple Valley, Minn. 55124 Dean Luxenburg Construct�on Co. 527 Emil Ave. 5horeview, M�nn. 55112 C.W. Houle Landscaping 1300 West Co. Rd. I St. Paul, Minn. 55112 Orfei & Sons, Inc. 1156 Homer Street St. Paul, Mtnn. 55116 Biancont Construct�on Co. 986 Bayard Ave. St. Paul, Minn. 55102 Brown & Cris 8920 Co. Rd. 18, So. Eden Prairie, Minn. 55343 Ro-Sa Constrcting, Inc. 647 Parkway Dr�ve St. Paul, Mtnn. 55101 Widmer Bros., Inc. P.O. Box 235 Spring Park, Minn. 55383 BID DEPOSIT lOq 10% No Bid No Bid 10% lOq 1D% 10% No Bid 10% 10� / fJ II Page 20 TOTAL BASE BID REMARKS $ 89,287.OD $100,125.00 $ 73,987.31 $ 85,368.00 $ 79,397.25 $ 70,283.05 $ 73,283.25 $ 78,376.25 10¢ Deduct 3D¢ 5D� Deduct 10¢ Deduct 15¢ Deduct 70¢ None MOTION by Councilman Breider to rece�ve the bids and award the contract to the low bidder, B�anconi Construction Company, in the amount of $69,998.05. Seconded by Councilman F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unantmously. RDING CONTRACT FOR ST. 1975-10A (BID OPENING JUNE e PLRNHOI.D�R Allied Blacktop 3601 48th Avenue N. Mpls., Minn. 55420 Bituminous Construction Co 5232 Hanson Court Mpls., M�nn. Batzer Construction Bax 23, Royalton, Minn. 56373 BZD DEPOSIT 5% 5% No Bid LUMP SUM BID $9,169.27 ($7,144.92) Alter. $9,469.13 ($8,529.27} qlter. - � ^ Page 21 ��, , _ REGULAR COUI�C�L MEETZNG OF JUNE 16, 1975 The Public Works D�rector explained that the low 6id was received 6y Allied Blacktop and the alternate bid would be used because the City would do the street sweep�ng. Ne mentioned that Allied had worked in the C�ty before and done a good ,7ob. MOTION by Counc�lman Starwalt to receive the b�ds and award the contract for Sealcoat�n9 Pro�ect St. 1975-10A to Allied Blacktop in the amount ' of $7,144.92. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor iVee declared the motion carried unanimously. APPOINTMENTS• CITY EMPLOYEES NAME Gerald D. Long 6366 Dellwood Dr. Fridley, MN 55432 Dennis Rambow 1ll17 Independence Avenue N. Champl�n, MN 55316 POSITION SALARY EFFECTIVE REPLACES Operator & Maintenance Man - Water Department Operator & Ma�ntenance Man - Street Department $94D Month June 9, 1975 $940 Month June 23,1975 Gary Dahlberg Gerald D. Long Mary E. Grundhaus Probationary $701 Month June 16,1975 David Keding Pol�ce Technician Councilman Fitzpatrick asked who was recommending the people for appointment. The City Manager sald he recommended them. Councilman Fitzpatrick asked if this took into consideration the recommendation � of the Department head. The C�ty Manager said yes. MOTION by Councilman Breider to appoint Gerald D. Long,Operator and Maintenance Man in the Water Department effect�ve June 9, 1975, Dennis Rambow,Operator and Maintenance Man in the Street Department effective June 23, 1975, and Mary E. Grundhaus, Probationary Police Technician effective June 16, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: GENERAL AND LIQUOR 10182 - 10300 MOTION BY Councilman Starwalt to pay the claims. Seconded by Councilman Breider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: EXCAVATING Husnik Sewer SerVice Z81 West Cottage P1ace Shoreview, Minn. GENERAL CONTRACTORS Conrad Construct. Co. 5913 Pleasant Ave. So. Mpls., MN 55419 Lifetime Assoc�ates, Inc 409 Wash�ngton Ave. S. Hopkins, MN 55343 Nedegaard Construction 111 - 45th Ave. N.E. Frid7ey, MN 55421 m Frank Husnik Ronald Conrad Thomas Kasprzak Bruce Nede gaard APPROVED BY FEE D. Clark ' D. Clark D. Clark D. Clark � � � REGULAR COUNCIL MEETING OF JUNE 16, 1975 (Licenses cont.) MASONRY Ernest Ogren Masonry Box 53A Ragers, MN 55374 PLASTERING Z�mmerman Stucco & Plaster Inc. 18116 Ridgewood Road Wayzata, MN 55391 SIGNS Telke 51gns, Inc. 3940 M�nnehaha Ave. S. Mpls., MN 55406 SWIMMING POOL LICENSES Innsbruck North Townhouse Association Udell Larson 6848 Knoll Street Mp1s., MN FIREWORKS 100 Twin Dr�ve in 5600 Central Avenue CIGARETTE pave's Texaco 6301 Highway 65 SERVICE STATION Dave's Texaco 6301 Highway 65 VENDING MACHINE Dave's Texaco 6301 Hlghway 65 SERVICE STATION Bills Service 3709 Marshall Street East River Road Spur 6485 East River Road Lemm's Country Boy 13a1 M�ssiss�ppi st. Q. Petroleum Corp. 5300 Central Avenue R�vers�de Car Wash 6520 East River Road i� Ernest Ogren APPRONED BY �. Clark Ervin Z�mmerman D. Clark Richard Telke �. Clark cl (' � /,tN'� Page 22 FEE Duane A. Johnson S. �lson $87.50 Udell Larson for S. Olson $6� 0� 5460-7th St. NE Arrowhead Fire- works Company Dav�d Hauger �avid Hauger Dav�d Hauger Wi 11 i am A. Sv�tin Dan James Thrall Henry E. Lemm Dennis Neubauer Robert Schleeter Ch�ef, F�re Prevention Bureau Public Safety $12.00 Director Health Inspec- $30.00 tor Health Inspec- $ 5.00 tor Health Inspec- $30.00 tor Health Inspec- $30 OD tor Health Inspec- $30.00 tor Health Inspec- $30.00 tor Health Inspec- $30.00 tor ��9 REGULAR COUNCIL MEETING OF JUNE 16, 1975 (Licenses cont.) TAVERN BY Maple Lanes Fr�dley Recreation 6310 H�ghway 65 and Service Company VENDING MACHINES Bodine Vending Wes Bodine 125 R�versedge Way Moore Lake Beach City of Fr�dley Concess�ons 59th & Central Ave. Riverside Car Wash Robert Schleeter 6520 East Rtver Road VENDING TRUCKS Sno-Cones Beth Glommen 1048 87th Avenue George Hanson George Hanson 1476 Onondago Street De Ice Cream Truck Jtm Hett 4655 University Ave. ICE MACHINE 7-Eleven Store Ray Byrd 1315 Rice Creek Road OFF SALE BEER East River Road Spur 6485 East Rtver Road Lemm's Country Boy 1301 M�ssissippi St. Q. Petroleum Corp. 5300 Central Avenue ON SALE BEER Jimbo's Pizza 248 Miss�ss�pp� St. Maple Lanes 6310 Hlghway 65 PUBLIC DRINKING PLACE Maple Lanes 6310 Highway 65 RESTAURANT Jimbo's Pizza 248 Mississippi St. Mdple Lanes 6310 ti{�ghway 65 Pdge 23 APPROVED BY FEE Public Safety Director $12.00 Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Tnspector 1 $15.00 No-Fee $15.00 $20.00 $20.00 $20.00 � $15.00 Dan James Thrall Public Safety D�rector $15.00 Henry E. Lenn Public Safety Director $15.00 Dennis Neubauer Public Safety Director $15.00 James W. Schooiey Public Safety Djr ector $120.00 Fridley Recrea- Puhlic Safety Dlrector $12�.00 tion and Service Company Fridley Recrea- Pu61ic Safety Director $100.00 tion and Service Company James W. Schoo7ey Hea7th Inspector Fridley Recrea- tion and Service Company Hedlth Inspect4r $25.00 $25.00 ' � REGULAR COUNCIL MEETING OF JUNE 16, 1975 (licenses cont.) CIGARETTE East River Road Spur 6485 East R�ver Road Jimbo's Pizza 248 Miss�ssippi St. Lemm's Country Boy 1301 Mississippi St. Q Petroleum Corp. 5300 Central Avenue Riverside Car Wash 6520 East River Road RROCERY East River Road Spur 6485 East R�ver Road Lemm's Country Boy 1301 Misstssippl St. Q Petroleum Corp. 5300 Central Avenue �ICE MACHINE East River Road Spur 6485 East River Road � Q Petroleum Corp. 5300 Central Avenue � Dan James Thrall APPROVED BY �, l,' �. Page 24 FEE Public Safety Director $12.00 James W. Schooley Pu61ic Safety Director $12.00 Henry E. Lemm Dennls Neuhauer Robert 5chleeter Dan James Thrall Henry E. Lemm 6ennis Neubauer Dan �ames Thrall Dennis Neubauer Publ�c Safety Director $12.00 Publ�c Safety Director $12.00 Publ�c Safety �irector Health Inspector Health Inspector Health Inspector Health Inspector Healih Inspector $12 00 $25.00 $25.00 $25.00 $15.00 $15.00 MOTION by Councilman Starwalt to grant the licenses. Seconded by Counc�lman Bre�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrled unanimously. ESTIMATES: Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, M�nnesota 55432 For the furnishing ef resident inspection and resident supervision for the staking out of the following; PARTIAL Estimate #15 for Sanitary Sewer, Water & Storm Sewer Improvement Pro�ect No. 114 from March 3 through $ 1,808.00 March 29, 1975 PARTiAL Estimate #16 for Sanitary Sewer, Water & Storm Sewer Improvement Pro,7ect No. 114 from March 31 through April 26, 1975 PARTIAL Estimate #17 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from April 28 through May 24, 1975 791.23 185.15 PARTIAL Estimate #6 for Water, Sanitary Sewer & Storm Sewer Improvement Pro,7ect No. 116 from April 28 through 398.66 May 24, 1975, n, �;, 7 REGULAR COUNCIL MEETIIVG OF JUNE 16, 1975 ESTIMATES (cont.) Dunkley Surfacing Inc. 3737 East R1ver Road Fr�dley, Minnesota 55421 Page 25 PARTIAL Estlmate #1 for Street Tmprovement Pro�ect S�T. 1975-1 PARTIAL Estimate #1 for Street Improvement Project ST, 1975-2 Weaver, Talle & Herrick 316 East Maln Street Anoka, Minnesota 55303 For services rendered for May> 1975 Smith, Juster, Feikema, Haskvitz and Casserly Bu�lders Exchange Minneapolis, Minnesota 55402 For services rendered by Prosecutor for May, 1975 35,217.23 ' 12,088.58 1,375.00 1,660.00 Mr. Richard Harrls questioned the inspection procedure by Comstock and Dav1s and said they had ran into a problem in a pro,7ect and found that the p�pe was all four feet short of the property line. The � Public Works Director questioned what area was being talked about. Mr. Harris said thls has happened throughout the whole pro,7ect. He said this specific case was on Main and Elm. He said if the pro,7ect were inspected, this would not have happened. He said that the Clty had paid for inspection work that had not 6een done. The Public Works Director said that fhe City had the drawings of the project, and it would be possible to check this situation. Mr. Harr�s said he believed the C�ty was getting short changed, and �t was about t�me they were getting their money's worth. Mr. Harris said �f the staff has to go over the projects and inspect them, this is double the costs. He said this should have been reported 6y the Engtneer�ng Consultant, He said that he thpugh�,this had been going on for years. Mr. Harris said he had showed the problems to Mr Darrel Clark, Community �evelopment Admin7strator. The C�ty Manager said this had nothing to do w�th the current estimates, and the City was responsible for this estimate. Mr. Harris said he hoped someone would prepare a report on this. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carrie� unan�mously. COMMUNICATIONS: ' COVENANT CHURCH. SOFTBALL TOURNAMENT: Councilman Bre�der sa�d he questioned the number of tournaments being held in the City's parks. He mentioned thts does not enable the Fr�dley residents use of the City facilities. He said he would like to talk about this at the conference session in June. MOTION by Councilman Breider to grant the request and receive the commun�cation from the Covenant Church regarding the Softball Tournament. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mOtion cdrrled undnimpusly. �� �� � REGULAR COUNCTL MEETING OF JUNE 16, 1975 PAGE 26 MUSCULAR DYSTROPHY CARNIVAL CHAIRMAN: REQUEST THAT FEES BE WAI�ED, Councilman Starwali said he would favor waiving the $25 permit fee, but would like the $2Q0 deposit to remain a requirement. � The City Manager referred to the portion of the request for the Patrolman and staied that the group of neighbors should be able to conduct the activities without any serious problems. He said if therea�re problems, the police could be called. He said that if add�tional policin9 �s needed, this could be done on a private basis. MOTION by Councilman Starwalt to waive the �25 permit fee and requ�re the deposit in the amount of $200 with no C�ty patroman prov�ded. Seconded ay Councilman F�tzpatrick, Councilman Breider said he would agree with the motion with the exception of requiring the $200 deposit. He mentloned that this is a neighborhood activity,and it is being done for a worthy charity. Counc�lman Starwalt questioned the reason for the $200 deposit requ�rement. The City Manager said �his would be affiliated with the word "Carnival" and a carn�val is always required to deposit $200 for clean-up if �t is not done properly by those conducting it Counctlman Breider sa�d the people requesting the carnival live in the area, and he was sure that they would clean up after the event. Councilman Starwalt sa�d he had been �alking to the restdents of the area, and the Carnival proposal �s not unanimously approved by them. � Councilman Bre�der asked if the matter of the $200 deposlt could be investigated with a report back io the Counctl at the next meeting. Mayor Nee said he would also favor waiving the deposit. UPON A 1lOICE VOTE, all vot�ng aye, Mayor Nee declared the motion carried unanimous�y. VI�{G PETiT�I�ON N0. 13-1975 - REQUESTING CURBING IN HOCKEY RINK, AND c rn� rrnnnrr nnnv. Councilman Breider explained the petition requesting the curbing on the hockey rink and also lights �n the park. MOTION by Councilman Breider to receive the Pet�t�on N0. 13-1975, request�ng curbing on the Hockey Rink, and lights in Terrace Park and refer �t to the administration. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION CONCERNING POSSIBLE LOCATION OF MTC BUS TERMINAL IN FRIDLEY• The-City Manager explatned that two Fridley s�tes are betng considered along wtth a Brooklyn Center site for possible 1ocations for the establishment of an MTC Bus Garage, He explained the locations to be one on East River Road, and the ather to be south of the North Park area. � Tha Publ�c Works Director explained that he had called Mr. Bruce Nawrock� who �s the area representattve of the MTC and voiced the feeling that there was not support for this Garage to be located in the City of Frtdley. The Ciiy Manager informed the Council of the reason for these two sites being considered feasible by the MTC. MOTION by Councilman Bretder to inform the MTC that the City of Fr�dley �s not interested in their proposal for the sites suggested because of the traffic problems ln these areas. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��8 REGULAR COUNCIL MEETING OF JUNE 16, 1975 AOJOURNMENT. Page 27 MOTION BY Councilman Starwalt to adjourn ihe meeting. Seconded by Councilman Brelder. Upon a votce vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously, and the Regular Meeting of the Fridley C�ty Counc�l of June 16, 1975 adjourned at 1:20 P.M. , � �y 1 M a (_/_% ,�tt �.'/�%�� d 1� � Pat Ranstrom William J. Nee 5ecretary to the City Council Mayor �-�{�7s` Date Adopted ' �