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07/07/1975 - 00015189�l/�� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF ,]ULY 7, 1975 The Regular Meeting of the Fr�dley City Councll of July 7, 1975 was called to order at 7:34 P.M. 6y Mayor Nee. PLEDGE OF ALLEGIANCE: � Mayor Nee invited those present to join the Council in saying the pledge of allegiance to the F1ag. 1 ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowsk�, Councilman Breider, Councilman Starwalt, Councilman Fitzpatrick, and Mayor Nee. MEMBERS ABSENT: None PRESENTATION OF CERTIFICATES OF APPRECIATION: HUMAN RELATIONS COMMITTEE Katherine Moss Rena Vizenar Carolyn Rouse Karen Packer Dan F�sh Ina Prieditts Rlchard Mengelkoch Allan Rudolph Leonard Lind Arvid Hansen Harriet Hudrlik Nicole Nee Walt Lizakowski FRZDI.EY HOUSZNG AND REDEUELOPMENT COMMISSION stan carlson M.M. Mahurin Mayor Nee asked tftose present to recetve the certificates to come for�vard, and he read a certificate and thanked those who had served. Mayor Nee directed the City Manager to forward the certificates to those not present. APPROUAL OF MINUTES: REGULAR MEETING OF MAY 5, 1975: MOTION by Councilman Starwa1t to adopt the m�nutes of the May 15, 1975 Regular Meeting of the Fridley City Counc�l as submitted. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. BOARD OF EQUALIZATION MEETING OF MAY 8, 1975: MOTION by Councilman Breider to adopt the minutes of the May 8, 1975 Board of Equalization Meeting of the Fridley C1ty Counc�l as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. pUBLIC HEARING MEETING OF MAY 12, 1975: MOTION by Councilwoman Kukowski to adopt the minutes of the May 12, 1975 Pu61ic Hearing Meeting of the Fr�dley C�ty Gouncil as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. 1���� ,_. J REGULAR COUNCTL MEETING OF JULY 7, 1975 APPROVAL OF MTNUTES: (cont.) Page 2 CaNTINUED BOARD OF EQUALIZATION MEETING OF MAY 15, 1975: MOTION by Councilman Starwalt to adopt the minutes of the Continued Board of Equalization Meeting of the Fridley C�ty Council o�F May 15, 1975 as submitted. Seconded by Councilwoman Ku[coWSki. Upon a voice ' vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF MAY 19, 1975: MOTION by Councilman Breider to adopt the minutes of the May 19, 1975 Regular Meeting of the Fr�dley City Council as submitted. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee said there would be two communicat�ons added to the Agenda; one from the Fridley 49'ers concerning appreciation to City employees and volunteers, and another from the Fridley Chamber of Commerce in appreciation to the Fridley Fire Department for their aid rescue activities at the Fridley Convalescence Home. MOTION by Councilman Breider to adopt the agenda with the addition of the items mentioned. Seconded by Councilman F�tzpatrick. Upon a voice vote, a]] voting aye, Mayor Nee declared the motion carried unanimously. VISITORS: NONE OLD BUSINESS: AND - AMMENDING CHAPTER 508 OF TH e E 0 IT E CITY MOTION by Councilman Starlvdlt, to adopt Ordinance No. 586 - ammend�ng Chapter 508 of the C�ty code of the City of Fridley relating to parks and parkways, on the second reading of the public ordinance. 5econded by Counc�lwoman Kukowski. Mr. �ames Hill, Public Safety Director explatned that he had done some research in other areas concerning this type of ordinance or regulation, and Anoka County has no ordinances such as this. He pointed out that in Ramsey County where there is an ord�nance, it is uitenforceable because the Court will not accept the charge. The Public Safety �irector explained the ordinance being hoped for would ' take care of the rowd�es and leave the nice family people aiong. He said this wou1d really have to be a Council policy matter, and he could not recommend any specific act�on at the current time. The Public Safety DTrector referred the Councll's attention to Subdivision 2 of the ordinance relating to parks and parkways and questioned if the Council wou7d want the permit to be �ssued_bv the City Council, or did this mean tfiat the City Manager or a des'�3nated person would lssue the permit. He also quesiioned if the work "group" would mean a group of two or iwenty. He also asked i�F by "nelghhohhood" the Counc�l would mean a group close to the park, any group in the City or a group of nei9hbors from St. Paul. He also quest�oned �f a man and his family would go to the park and the man had a beer, would he be in vialation without a permit. He sa�d the Police Department would not know their limits without some clarification of this section. 1 1 � REGULAR COUNCIL MEETING OF �ULY 7, 1975 Pa9e 3 �,�-,� ,_ � � He also questioned tf the Council would issue permits to the civic or service or9anizations tn the Ctty. He mentioned the desires of the Counctl should correspond to the requirements of the ordtnance. The Public Safety Director expla�ned that �n 1970 there was a letter received from Anoka County concerning th�s type of ordinance, but any further action on this had been dropped because of lack of concern. Councilman Starwalt said reading of' the ordinance, a changed form. there was considerable d�scuss�on on the first and he thoughtthat tt would be brought back in Mayor Nee said he saw no problems 1n the second su6division. The City Attorney asked if tt was the Council's intent that the permits be issued by the City Councll. Mayor Nee said this had only 6een discussed. The City Attorney questioned if this should not be done by the City Manager or a person destgnated 6y the City Manager. He mentioned that Mr. Hill brought up a good point concerning the ne�ghborhoods and questioned what wou1d happen if the Council or Adminlstration was contended to be discriminatory. Mayor Nee asked who would challenge this process. The C�ty attorney answere�, proba6ly no one. The City Manager said that the administration would do what the Council wanted. He mentioned that the current use of the park fac�ltties in this fashion is illegal and he satd thts is a recurring activity each year. The City Manager said he would prefer it �f the permits were held at the City Council level. He ment�oned it would be better tf all licenses and permits are handled by the C�ty Council. He mentioned if the activity were to be coming up too soon for the Council to handle the request, the doings could be held in Locke Park. He mentioned the conditions of vegetation and the large area would be more accepta6le for thls type of usage. He also mentioned that the ordinance could be adjusted �n the future to fit the changing needs of the community. The City Manager said the exist�ng ordinance completely prohibits thls use in the City parks. The City Attorney stated he felt the proposed ordinances to be better than the existing ordlnances. Councilman Starwalt asked if this meant in both the legal and policing activites,and the C�ty Attorney said yes. The Public Safety Director said his only problems would be in su6division No. 2. Councilman Breider questioned the provision concerning neighborhood parks. Councilwoman Kukowski said she would rather see the people come to the City Council because the members of the Council are closer to the neighbor- hood situations. Councilman Breider asked about the time factor involved in this type of Counc�l approval. Counc�lwoman Kukowskl said if there �s not time, the people can hold their doings in Locke Park. The City Attorney asked if the area civic and service groups would go to Locke Park for their activities. Councilkcrr�an Kukowski saic� she believed that the Civic organizations go to Locke Park. Mayor Nee said this would also be true of the neighborhood groups. He sa�d he felt this provision for neighborhood part�es �n the parks was good for the City of Fridley. UPON A VOICE VOTE, all vot�ng aye, Mayor Nee declared the motion carried unanimously. MOTZON by Councilman Starwalt to adopt the first read�ng of the ordinance to amend Chapter 507 of the C�ty Code relating to Municipal Bath�ng Beaches and waive the reading. Seconded by Councllman Fitzpatrick. Upon a voice vote, all voting aye, fNayor Nee declared the motion carried unanimously. �� J L L-� REGULAR COUNCIL MEETING OF JULY 7, 1975 b; Page 4 EST BY MACHTNTNG. INC. The Public Works Director explained the area and pointed out the area on the map on the screen. He said the Planning Commission at tf�eir May 21, , 1975 meeting recommended approval of the request witfi a number of stip- ulations, and he read the suggested stipulations to the Council and audience. He said there was no one present to volce any ob�ections at the public hearing held by the Planning Commission, and there were no objections at the pu6lic hearing held by the City Council. He recommended it would be �n order to adopt the ordinance on second reading and order publication. MOTION by Councilman F�tzpatrick to wa�ve the second reading of the ordinance and adopt Ordinance #587 on second reading to vacate the alley between Ashton Avenue and the Railroad tracks and between Liberty Street and Longfellow Street as requested by Machlning Inc. Seconded by Counci7woman Kukowski. Upon a vo�ce vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director expla�ned the area on the map and commented that this was done in cooperation between the City of Fridley and the North Suburban Hospital D�str�ct �n conjunction with a lease of property for park purposes by the City. He said the Planning Commission recommentled approval of the request with the stipulation that the City work with the hospital to el�minate the possibility of the property � owner in the area receiv�ng any assessments. He said he had talked to people from the hospital, and they were in agreement with the proposal, and the cur6 would be constructed and also the area restored. MOTI�N by Councilman Bre�der to waive the second reading of the ordinance and adopt the Ordinance No. 588 on second reading with the stipulations recommended by the Plann�ng Commtssion. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST BY 7he City Manager explained that the would not be availa6le unttl later item be tabled unttl that time. representative for Mr. Povlitzk �n the evening, and asked that the Mayor Nee asked if anyone was present to discuss the item, and there was no response. MOTION by Councilman Siarwalt to table the consideration until later in the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. UEST FOR EXTEIVSION OF TIME FOR RESERVING LI LICENSE FOR MAX � MOTION by Councilman F�tzpatr�ck to table the consideration of the request for the extension of time for reservtng liquor license for Max Saliterman for the King's Chalet until their representative is present at the meeting. Seconded by Councilwoman KukoWSk1. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSID ST FOR VARIANCE IN F L The Public Works Director poanted out that the applicant had contacted REGULAR COUNCIL MEETING OF JllLY 7, 1975 CONSIDERATTON OF VARIANCE REQUEST (cont.) him and would l�ke th�s item tabled indefinitely. Page 5 MOTION by Councilman Starwalt to table the consideration of the request � for a variance in front yard setback 6y Marlen Mtller indefinitely. Seconded by Councilwoman Kukowskt. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. � � IDERATION OF WAIVING FEE FOR MUSCULAR DYSTROPHY CARNIVAL (TABLED 6/16/75), Councilman Starwalt said he had asked that this item be brought back, and he added, he thought it should be granted. MOTION by Councilman Starwalt to waive the fee for depos�t for the Muscular Dystrophy Carnival. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Finance �lrector, Mr. Marvin Brunsell, asked if the constderation of the waiving of the fee for the beer license had to be acted on by the Council. Councilman Starwalt questioned if this was to be withdrawn. A representative of the group said he would llke to w�thdraw the request; they had decided nvt to have a beer truck. , NEW BUSINESS: CON9IDERATION OF REDUES7 BY SPRINGBROOK NATURE CENTER FOUNDATION FOR CITY The City Manager explained that Dr. Trezona, Chairman of the Foundation, would not be �n attendance at the meeting until later in the evening. MOTION by Counctlman Fitzpatrtck to table the request for the consideration of the request by Springbrook Nature Center Foundation until later in the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIUING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 25, 1975: The Public Works Director explained that the Plann�ng Commission recommended denial of t6e request. He said this would requrre outside display area, and there had been quite a bit of objection to tfie request. Mr. C.E. Gilbert addressed the Council and said the request was not for Lot 5. Th�s was �vr t�e use o� the empty lot 6etween Sky�ood Mall and �he car �ash. The Publ�c Works ��rector said he had tried to contact Mr. Mortenson to determine if this would be agreeable to him and the other tenants in the complex, but he was not in attendance at the meeting. Mr. Gilbert said this operation would be conducted outside on Saturday. He explained that this act�vity �s being conducted on the inside of the Skywood Mall at the present t�me. Councilman Fitzpatrick asked if the area is paved. Mr. Gilbert said the area is mostly Weeds and gravel. Councilman 5tarwalt said he had talked to some people and had read the minutes of the Planning Commission meeting, and he has the opinion that the City is really not ready for this. He said there had not been any ��� P� � REGULAR COUNCIL MEETING OF JULY 7, 1975 PAGE 6 problems with conducting the flea market inside the buildin9. He said he would be incl�ned to move for the den�al of the request and said this' would not el�minate the possib�lity of the applicant mak�ng this request agaTn in the future. Councilman Starwalt said the City staff has been trying to clean up this area, and he felt this type of actiVity would infringe on this cleanup operation. Councilman Starwalt mentioned there would be problems with weather and many other eiements. MOTION by Counc�]man Starwa]t to deny the request for the Special Use Permit as requested by Mr. C.E. Gilbert. Seconded by Councilman Bre�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DERATION OF A VACATION REOUEST: SAV #75-04, BY L � SON: ED Mr. Craig M. Mertz, Attorney for Mr. and Mrs. Leonard Benson, Mr. and Mrs. James Roberts, Mr and Mrs. Charles Floer, and Mr. and Mrs. Marvin Breiland, all of whom own property on Block 4, Spring Brook Park Addition addressed the Council. Mr. Mertz sa�d there is a problem with the minutes from the Planntng Commission Meeting of June 25, 1975. He requested that this item be referred back to the Planning Commission for modification of the minutes before the Council receives them. Mr. Mertz sa�d he represented the petitioner and several other property owners and they djd not be7ieve the minutes reflected the facts as they were ment�oned at the meet�ng. He also requested that the Council set the Public Hearing at this time. Mayor Nee said the Council could set the pu6lic hearing. He mentioned the statements either added or changed would not change the vote of the Planning Commission in their consideration of this item. MOTION by Councilman Fltzpatrick to receive the communication from Mr. Crai9 Mertz dated July 7, 1975 and send the communication on to the Planning Commiss�on. Seconded by Councilman Starwa7t. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counciiman Fitzpatr�cic to set the public hearing on the matter of the vacation of the alley as requested by Mr. Benson for August 11, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motlon carried unanimously. 1 , 7hel^e Was no actlon necessdY'y at this time. CONSTDE #75-06, BY MICHAEL MCFARLAND: MOTZQN by Counc�lman Bretder to set the publ�c hearing for August 11, 1975. Seconded by Councilman 5tarwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director pointed out the drea on the map on the overhead screen and explaineelhoW the fence and some landscapiflg construction fiad been placed in a pie shaped parcel of property which was the property , � � ���15 !_ 4 Page 7 REGULAR COUNCIL MEETING OF JULY 7, 1975 of the adjoining property owner. He explained that ratfier than remove tfie construction, tite applicant 'ls requesting a lot split and Would se11 the piece of property to the ad,7oining property owner. Mr. Mul7ins said rather than move the constructions, 6e agreed to sell the property to the ad,7oining property owner. Councilman Breider sa�d he would have no ob,7ection to this if the split would meet tfte code. The City Manager satd at the present time, they would be creating an additiona1 parcel, but this would be the only method of taking care of tfie current problem. MOTZON 6y Councilman BVelder to grant the lot split request as applied for by Mr. Rlchard �7anke. Seconded by Counc�lwoman Kukowski. Upon a Voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. UEST. L.S. #75-03, BY ARTHUR SEGER: SPLIT LOT 1, BLOCK 2 There was no action necessary on this item at this ttme. The Public Works D�rector explained that this ptece of property is in the area where Win Stephens had planned to tnstall the Datsun Dealership. He commented that the request was recommended for approval by the Planning Commission at their June 28, 1975 meet�ng with several stipulations. He read the suggested stipulations to the Council and audience. The Public Works Director explained the reason for the lot split be�ng requested 1s to allo� the future construction o�' a roadway to the rear of the 1ots abutt�ng the frontage road. He explained there would be an appropriate amount of land, berming would be installed and the proper parking requirements would be met. 7he Pu61ic Works D�rector said �he representative �f Win 5tephens, Mr. Roland Benjamin, was present to answer any of the Council questions. The Public Works D�rector commented with the proposed roadway, the boulevard should be shifted to make sure there will be a proper set back. He said currently, there is no road in the rear portion of the property in question. Mr. Sobiech said it would be in order for the Counc�l to concur with the recommendation of the Planning Commission and approve the request with the stipulation set 6y the Planning Commission. Mayor Nee questioned when the area wauld be platted. The Public Works Director said the City would have to wait for Mr. Schroer to produce ' t[te Qlat. Councilman Breider asked Mr. Schroer when the area would be platted, and Mr. Schroer answered that this would be after the restaurant is in operation. Mr. Schroer said the parcels would meet tl�e proper lot size and it is the proposal to bring the road in next to the building. Mayor Nee asked if there was to be wasted land With this proposal. Mr. Schroer sald the street would be needed for the lots in back of the Town Crier and Capp Homes. Mayor Nee asked tf tf�is Would be a proper solution to the problem, and Mr. Schroer said it had been suggested by the City Council because of the depth of the lots. MOTION by Councilman Breider to concur w�th the recommendatton of the P1annt`ng Commission and grant the lot split request to Mr. Robert Scfiroer as requested for 7810 Universtiy Avenue N.E. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting Mayor Nee declared the mot�on carried unanimously. ��G REGULAR COUNCIL MEETING OF JULY 7, 1975 PAGE 8 MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of June 25, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, NSIDERATION OF AGREEMENT AND GRADE APPROUAL FORM WITH ��1 RESOLUTION N0. 103-1975 APPROVAL OF GRADE AGREEMENT The Pu61ic Works Director explained the total cost of the project to 6e $352,00� with the City's share 6eing $66,898 with $29,500 of this for the signal in ttie area of the Georgetown Apartments. The Public Works Director said it would be in order to approve the agreement and adopt the resolution. The City Manager poinied out that this matter had been through the necessary process and hearings. Councilman F�tzpatr3ck said he and Councilwoman Kukowski were not on the Council at the time that this had been considered previous7y. Mayor Nee asked the Public Works Director to make the plans for the construction in the area available to the Council and audience. Counc�lman F�tzpatr�ck asked if the signal would align with the entrance to George- town. The Public Works Director explained that the intersection would be moved 500 feet to the south to allow distance to gain entrance to the area. � The City Manager questioned the proposed construction in the Charles Street area. The Publ�c Works Director said Charles Street would have ingress and egress. The City Manager said if the Council wished, this could be closed off w�th egress behind the � garages. Counci7man Starwalt asked wha± the time schedule for the construction of the improve- ment will be, The Public 6Jorks Director said the bids wou7d be let in �uly and the construction may be completed this season, but the signal may not be installed until the coming year. Ne sa�d the de]ivery of the s�gnal would be a question. MOTION by Councilman Fitzpatrick to authorize the execution of the agreement for the grade approval with the Anoka County for the construct of East River Road and adopt Resolution No. 103-1975. Seconded by Couhcilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSI�ERATION OF A REQUEST BY SPRIP�GBROOK NATURE CENTER FOUNDATdON FOR CITY APPLICATION -FOR LAWCON FUNDS FOR NORTH PARK• br. Dan Huff, Natural�st/Resource Coordinator, addressed the Council and explained the request from the Springbrook Nature Center Foundation to be that the City submit an appl�cation for LAWCON funding in the amount of $53,000 with the City share being $13,402.75. He reqqested that this be budgeted for the year 1976 on a reimburable basis. He mentioned the City would have the final say on the develop- ment plans for the area, Mayor Nee asked Dr. Huff to explain the plan. Dr. Huff said the plan is very general at this time, but th�s is all that would be needed for the application for the LAWCON funding. Dr. Huff referred the Council attention to page five of the agenda book ' where the proposed plan appeared. He briefly explained the various areas proposed for improvement and construction to the Council. Mayor Nee asked if the request could be submitted with free labor being uti]ized. Dr. Huff said it would be possible to use the free labor, but he believed this portion of the request should not be deleted at this time because of the possibility of the request be�ng reduced. He mentioned often times, these requests w�ll be granted for the amount of the matertals only. Mayor Nee asked what type of time table was proposed and asked if the project may be begin in the spring of 1976. , � �� E, REGULAR COUNCIL MEETING OF JULY 7, 1975 PAGE 9 Dr. Richard Trezona addressed the Council and said the reason for this request being submitted at this time was because of the amount of time in which the application would have to be submitted for the LAWCON funding He said the appl�cation would have to be done by �uly 17, 1975 and in order to make this application, 25q of the funding is required from the City of Frtdley matching funds. Mayor Nee asked when these matching funds would be due. The City Manager said the Counci1 would have to approve �this concept 6efore the application is submitted, but the funds would not have to be suppl�ed until the grant is aprroUed. Councilman Breider said when the City applied for funds for the Islands of Peace he did not believe the City allocated funds for the project. Councilman Breider mentioned he thought they were ask�ng for $3D,000. The City Manager said the City asked for $71,OOD and received $3D,000. Councilman Breider said he did not think funds were allocated by the City. Ne mentioned this was not placed in the budget. The Finance Director, Mr. Marvin C. Brunsell, said the City set up a specific fund. He ment�oned the same thing was done with the application for funds for North Park when the original applicatlon for fundtng was submitted, He said the City 6orrowed money from another fund to buy the land. Councilman Breider said he was talking about the money used for the purchase of the two lots for the Islands Of Peace and said the City did not place this in the budget. The Finance Director said this is a matter of how this type of thing is worded. He commented that the City had to make the same guarantee for matchtng funds in this application for the Islands of Peace. He said it was done although not through the 6udget process, The Finance Director said the same thing was done whether or not it was in the budget or not. Councilman Starwalt questioned the proposed procedure. He said the Is1ands of Peace had to come up with the 25%. Counci1man 5tarwalt recalled that when the nature center proposal was introduced to the public, it was indicated that no money would be coming from the City, period. 7he City Manager said if the grant is approved and the City accepts the grant, the 25% would have to be paid. He mentioned that if the City did not �want to accept the grant, this would be possible at that time. He said the agreement would be between the City of Fridley and the Foundation for the reimbursement of the City's share. He mentioned in the original agreement the Foundation was to reimburse the City for any services. Counctlman Breider commented that if the City applies for the funding and the funds are not available from the Foundation, the City would turn down the grant, and he questioned if th�s statement would be correct. The City Manager said the money would be available in the General fund to pay the fourth in matching funds for this application. He said th�s money would be reimbursed and the only City expense would be staff time to prepare the application. The City Manager said a fund could be set up and this would be the same thing that was done when the land was purchased. Councilman Breider said at that time, the land was cons�dered pu6lic land. He questioned if it would be possible to get a committment from the Foundat�on that they come up with the 251. The Finance Director said this could be done at the time of 6udgeting. The City Manager said this could be shown as a receiva6le in the budget. Councilman Breider said this was his understanding. He said he would not want the money set up and hid in the utility fund. Councilman Starwalt again menttoned that in the case of the Islands of Peace, they were liable for this funding. Mayor Nee said this was changed and the City became responsible to Mr Minder for the payment for the property. Councilman Fitzpatrick asked if it could be set up that the funds would be reimbursed for the matching funds Dr. Trezona ment�oned that any services performed by the City under the agreement for North Park would have to be reimbursed. He said another part of that agreement was that the City would make application for pu6lic funding such as the LAWCON funding. Councilman Starwalt commented that some of the members of the Gouncil are 6eing raked over the �coals and mentioned that the people had voted in favor of the nature center because they had promised that this would not take any tax dollars. Councilman Starwalt asked how much money has been collected by private contribution at this time. Dr. Trezona answered not any. He said the project was held up for one year and the economy shot out from underneath them. Councilman S�arwalt said he had heard that this type of thing was not being he7d up by the economy. Dr. Trezona explained that if there are funds, they had not made any apUlication far them because their detailed plans for the area are not camplete at th�s time. - lr4 G u t Q� REGULAR COUNCIL MEETING OF JULY 7, 1975 PAGE 10 Mr. Robert Erickson, 565 57th Avenue, said he was quite distrubed about the whole thing. He said at the time of the election when North Park was voted on, it was �ndicated that the nature center would be developed with no cost to the City. He asked how much money had been qiven to the City for the services to the Foundation to date. Dr. Trezona said the Foundation had not received any bills from the C�ty to date. Dr Trezona said the Foundation has $800 in its treasury. He said this is no great amount of money. Dr. Huff said no services have been performed 6y the City for the Foundation up to this time. Mr. Erickson ment�oned that the property is City property and it would have to be cleaned up and marntained ,7ust as other City park property 1s. Mr. Erickson again stated he would like to voice disapproval of the proposal. He said he had heard during the campaigns ihat the development of North Park would be at no cost to the taxpayers. He mentioned he felt this would have been denied by the voters if it were to have been at the taxpayers expense. Mayor Nee asked if it would be possible for the City to receive a note from the Foundation indicating that this money wou7d be reimbursed. Dr, Trezona said this is something that would have to be approved 6y the Foundation, he could not say at the present meet�ng. He said the app7ication would have to be submitted by the 19th of July and this would have to be resolved by that time. F�e mentioned when the complete plan stating who would do what and what is to be done is comp7eted, they would apply to other sources. Counc�lman Starwalt mentioned the letter written to the City concerning this request and referred the Counc�l's attention to paragraph three and said the City would have to make a firm commitment for the match�ng funds in this application. He said the agreement with the Islands of Peace making them iiable for the reimbursement worked out very well. He said the agreement or letter does not say that if the City would have to make a firm commitment for the matching funds in this application. He said the agreement with the Islands of Peace making them liable for the reimbursement worked out very well. He sa�d the agreement or letter does not say that if the City does not pay the money it could be turned down. He questioned going ahead with this type of development when it had not been determ�ned what would be done in North Park. Counc�lman Starwalt said he had thought that many peop7e were ready and willing to corrmit the money for this development. He said the people should be able to lay their money on the line for this type of development. He said he was disappointed that money had not been contr�buted 6y other private concerns. He ment�oned the first funding was being received through and by the City. Dr. Trezona said before any private money �s requested, the members of the Foundation should be able to answer any questions put to them concerning the plans for the development. Councilman Breider said if the money could be showed in the bud9et as a receivable, and put in the other end as an expenditure would this be feasible. Mr. Brunsell said this would not have to be taken from the general fund. The City Manager said if the Counc�l did not want this to be from local tax money, this could be taken care of. Councilman Breider sa�d he evould l�ke ft to be in a fashion so that it does not change the mill levy. He said at this time, this has become a political ,7udgement on the part of the Council. The City Manager said the matter would have to be brought back to the Council before the expenditure is made to show the Counci7 what is being done and that no local tax money is bein9 spent. Mr. Curtis Johnson, 1312 North Innsburck, mentioned that the Council had ,7ust voted to spend many t�mes this much on another �tem. He questioned how this consideration had become so involved. Mr Johnson mentioned he was a representative of Grace High School and they had been unable to obtain any funding in the current year. He mentioned they had felt that they had hurt their chances for future�funding by seeking �t at the present time. He commented he wished they had waited and commended the Foundation for not requesting private grants. Mayor Nee said he agreed w�th Mr. ,lohnson's cor�nnents. � 1 � G�� REGULAR COUNCIL MEETING OF �ULY 7, 1975 PAGE 11 Mr. Nick Garaffa said he believed the matter should be put into perspective. He mentioned the golf course proposal was to be handled through public bonds for the period of 20 years with the hope that there would be a profit made to take care of this financing. He said they were not talking about $13,000 that was going to be paid back to the City. He said this is not the same type of funds that was talked �about previous7y and no City of Fridley funds would be spent. He questioned how long it would be before the 5pringbrook Nature Center Foundation would be able to do the things that they had set out to do. He mentioned with the contr�bution of LAWCON funds, it would make it easier to obtain funding from other sources and he also mentioned that the LAWCON funds would not be availa6le to a Foundation that does have other funds available. He said this is a reasona6le request and the Council should not object because this is what the public voted for and what the City had agreed to do for the Foundation. Mayor Nee said he thought any discussion on this matter would be concerning the plans. Mr. Erickson said this is part of the reason he wanted to say something about the matter. He rep�ated that the prom�se was that this would not cost the tax payers one penny. He said he had paid enough tn assessments and he felt that the Foundaiion should prove they areeredltableand have the money before the City would mak� application. He sazd he thought the golf course proposal was a good one because �t would have brought money into the City. Mr. Bob Schroer, 490 Rice Creek Boulevard addressed the Council and said he was on the loosing side of this issue. He said he knows how hard it is to get into business and to stay in business. He said he had to agree with Mr. Erickson in some instances. He said he did not feel that the payment of the money should be guaranteed by the City but he thought it was about time that the Foundation would get at the business that they had intended to do. He said he would like to see the City Council take � action to get them going. Mr. Ken Bureau, 5630 W. Danube, suggested allowing the Foundation one year's time to raise the $13,000 and after this if it is not done, their credibility would be lost. Mayor Nee said he thought the proposal to be very purdent for the first stage and he thought this would get them off the ground very well. Councilman Fitzpatrick said he agreed and he thought this would make the park more and more useable. Mayor Nee said what was before the Council was whether or not to submit the application for funding. He said the concern of the finances could be taken care of at budget time. He said if the Foundation does not raise the money, the City Council would have the prerogative to not accept the grant. Councilwoman Kukowski said the Council had placed their trust in the Foundat�on for the period of five years. MOTION by Councilwoman Kukowskt to approve the request for the application for LAWCON funding for North Park. Seconded by Councilman Fitzpatrick. Councilman Bretder said he thought the $13,000 expenditure should be clarified. He � mentioned at the last conference meeting of the Council, it had been discussed that there may be tennis courts provided in Ward I. He said he would not want to give up any type of recreational facilities in order to produce the funding for this matching funds request. Councilman Fitzpatrick said as the seconder of the motion he would like to accept the offer of the Springbrook Nature Center Foundation in good faith. He said he would like them to make every effort to reimburse the funds or come up with the funds when and if the grant is approved or obtained. Mayor Nee asked if the grant would be made the coming summer if it is approved. Dr. Huff said yes. Councilman Fitzpatrick said h�s action is pred�cated on the feelings of the people of the City of Frid1ey who had decided 6y two to one that North Park should be developed as a Nature Center. He said he felt this was the first step in that direction. ��0 REGULAR COUNCIL MEETING OF �ULY 7, 1975 PAGE 12 Councilman Breider said he would agree with this as long as there is no cost to the tax payers of the City. Councilman Breider said he would not want to see somethin9 else bumped from the budget. Councilman Fitzpatr�ck said the C�ty has already pledged mutua7 trust in its agree- ment with thz Foundation. Councilwoman Kukowski sa�d there is no way that she would want to see tax money going into the Nature Center. She said she wouid fight seeing anything bumped from the budget because of this. She mentioned they should have faith in the Foundation. Councilman Bre7der said if he were to borrow money, he would require a note. Councilwoman Kukowski said the big thing right now would be to submit the application. Councilman Starwa7t said he thoughtthis was a good plan. Ne mentioned everything Dr. Huff has turned out is valid and workable. Councilman Starwalt continued to comment on the past election indicating he did not believe the turnout was as large as it couTd have been and many people had not expressed their opinion. He said he felt the people of the City voted in favor of the Nature Center because it was to have been developed at no cost to the tax payeNS. He continued to voice his dissappointment that the request had come before the City before any other funding for the project had been obtained. The City P4anager said the plan is a conceptual thing. He referred the Council's attention to the fencrng to be used and said it is the split cedar rail type. He ment�oned this is a less expensive type than the chain link, but he believed it to be more rustic and suttable for this type of facility. Mayor Nee said it would keep out the motor vehicles. The C�ty Manager said it might not provide satisfactory security. Mayor Nee said the budget matter on this item could be taken care of during the budget proceedings. Councilman Starwalt said he would ]ike this to be taken care of at the present time. Councilman Breider sa7d it could 6e considered taken care of because he would not consider the iiem if it were to be a budget expense and something would be taken out of the budget Mayor Nee said thts would take four votes. The City Manager said it would have to appear in the application how the funding would be obtained. He explained this to be a long form with details needed for this kind of funding. UPON A VOICE VOTE, all vot�ng aye, Mayor Nee declared the motion carried unanimously. Dr. Huff said the funds would have to be guaranteed by the City. He mentioned the City should require a note from the Foundation or the LAWCON Application would be thro�n out the window. Mayor Nee said the City could bill the Foundation for this amount w�thout a note in 1976. Mr. Ken Sporre, 301 Ironton St. N.E., addressed the Council asked if anyone on the Council knew where LAWCON funding came from. He mentioned that this is from funds obtained by the issuance of park stickers, fishing and game licenses. He mentioned the only way the funds could be used is to protect our conservational aspects. Mayor Nee commented that much of the money comes from cigarette taxes. Councilman Starwalt asked where the Federal money comes from. Mrs. Lee Ann Sporre answered that this comes from purchases of National Park 5tickers, etc. She said this money is earmarked for consE�rvation purposes. Dr. Trezona thanked the members of the Council for their consideration. � � � � � � REGULAR COUNCIL MEETING OF JULY 7, 1975 RECEIVING REPORT REGARDING DEBRIS ON 11ACANT LOTS IN NORTH INySBRUCK. w � ti � PAGE 13 The Public Works Director said this item concerned illegal dumping being done in the North Innsbruck area. He explained that P4r Steve Olson, Environmental Officia1, had met with the property owners of the area and they had conducted some research and prepared a survey of the property where there is some problems. He said they had also tried to determine who owned the property and where the debris is coming from. He pointed out at the meeting with the property owners of the area, North Innsbruck, Home Owners Association, they had come up with action for a solution to the problems Mr. Sobiech read the recommended action to the Gouncil and audience and briefly explained the nine areas of possible action. Mr. f�en Bureau, addressed the Council and said the only point of disagreement would be over whether or not the fill of asphalt chunks and concrete are considered fill or refuse. He said he had discussed this with the Inspection Department. He mentioned many lots are filled with this type of material along with other types of material and the future property owner has problems with maintenance of the areas. He added,,if this type of material is not considered clean fill, it should be deposited in the proper landfill areas. The Pub7ic Works Director said the County had been contacted on this matter and they had determined that clean fill was limited to sand, rocks, and bolders. He said this type of dumping would'have to be done according to the ordinances in the future. A question was raised that if the Innsbr.uck area is posted as to indicate no dumping in this specific area, this could create problems with dumping in other parts of the City. Mr. Bureau said he felt a sign that would indicate there is no dumping in the City of Fridley would be better. The Public WorkS Director said the dumping procedures would be covered by a permit which would call for a inspection of the area after the dumping is completed to determine if the area is properly restored and covered. MOTION by Councilman Starwalt to approve the recommendation of the Administration in the concern of debris in North Tnnsbruck. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F FRIDLEY The Pablic Safe�y Director said he had talked to the City Manager of the City of New Brighton and thts had been recommended by the Nev� Brighton City Council. Mr. Hill mentioned that the City of Fridley does often respond to the New Brighton calls and this would be a responsible action to alleviate the possible liability by this mutual aid agreement. The Public Safety Director said he 6elieved there to be a benefit to the Gity of Fridley. MOTION by Councilman Breider to authorize execut�on of the mutal aid agreement for Fire and Police between the City of Fridley and the City of New Brighton. Seconded by Councilman 5tarwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ACCEPTING U. S. ARMY HOWITZER FOR EISEHOWER SQUARE: Councilman Breider satd accordtng to the description of the Howitzer, it is a very large one. Mayor Nee mentioned if it were in the communtty it would be the responsibility of the City to take care of it. He recalled that the City had an airplane that was under this type of arrangement and it got in bad shape. Councilman Fitzpatrick asked what would happen if one of the tires got flat. �n?�L REGULAR COUNCIL MEETING OF �ULY 7, 1975 PAGE 14 The City Manager sa�d when the item had been requested, it was on a much smaller level. He said it would cost $1,000 in shipping costs to get it to the City. He mentioned there may be some problems with children climbing on the Howitzer. Mayor Nee recalled that many youngsters were injured on the airplanE. Councilman Fitzpatrick said the Howitzer is very big for Eisenhower Square. Mayor Nee said he thought this would cause a lot of problems. Councilman Breider said this was noi the proper size Nowitzer for this area. Ms. Joan McLaughlin, 728 63rd Avenue N.E., addressed the Council and said she would hate to see a cannon for the children of the City to play on rather than some recreational or playground equipment. She suggested this money be placed in recreat�onal equipment which would be mentally healthier andmore comfortable for young people to use. MOTION by Councilman 6reider to decline the offer of the Howitzer and ask the U. S. Arinv if a smaller model may be available. Seconded by Councilman Fitzpatrick. Councilman Breider asked the City Manager to write a letter asking for a smaller size cannon. Councilman Breider said he thought a two wheel cannon may be more appropriate. Mayor Nee said one with a short tail. RESOLUTION N0. 84-1975 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISEMENT FOR BIDS. STREET IMPROVEMENT PROJECT ST. 1975-10B DVERLAY : The Public Works I]irector said the streets shown on the map on page 14 of the agenda were proposed for overlay by the resolution. He said the engineering estimate for this is $10,530.00. Mayor Nee asked if Capital Street could be added. The City Manager said it could not. He explained that the streets that would have overlay installed are streets installed to a certain standard and when they beg�n to need repair the overlay is installed. Mayor fVee asked if this policy is writien down and documented in some place. The C�ty Manager said this �vould be in the minutes of the Gouncil meetings. He said they had d7scussed this before. He satd this is usually done by the seal coating process, but when the seal coating will no longer take care of the problems, the overlay is used. Mayor Nee asked how thick the overlay is. The Public Works Director answered that this would be a6out one and a half inches thick. He said th�s would be in line with maintenance of a normal street. He said the cost of the overlay is from $4 to $5 per foot and the installation of the complete roadway would current7y run to $35.00 per foot. The City Manager said less then 8% of the City's streets are below standard. MOTION by Councilman Starwalt to adopt Resolution No. 84-1975 ordering improvement approval of plans and advertising for bids: Street Improvement Project ST. 1975-70B (overlay). Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. Mayor Nee said he would like to see this policy on paper so he would know what to tell the people. 13i THE CITY OF , �� Mayor Nee said he thought there should be an effort tnade to follow East River Road � with the B�keway system. He said the people will ride up East River Road anyway. Councilman Fitzpatrick sa�d they had tried to ttke the bikeway away from East River Road. Mayor Nee sa7d he didn't think anyone would use the bikeway as proposed for the area. He thought the system should be constructed where tBe people will use it. The City Manager satd he thought that �t would be unrealistic to say that the system would be initiated by City funds. He said he hoped it would be funded by 9rants, etc. REGULAR COLJNCIL MEETING OF JULY 7, 1975 z,�� PAGE 15 Mayor Nee said if the bikeway is not included in the proper area it would not apply. The City Manager said the question would be to discourage bike riding on East River Road rather than incourage it. He continued that the basic concept of the plan was to take the bike traffic away from the road like East River Road. �Counc�lman Starwalt said he agreed w�th the overall concept, He said many people had put in a great deal of time on the plan. He said they would be the first ones to agree that there may be some changes in the plan. Councilman Breider said he thought the Council should get this plan started He mentioned he did not think the City would ever come up with a perfect plan. The Public Works Director said he would recommend the installation of the pilot system to see how the residents will receive the plan. Mayor Nee said he thought �t was a good plan. MOTION by Councilman Breider to adopt Resolut�on No. 85-1975, adopting a Bikeway/ Walkway plan for the City of Fridley. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, RES�LUTION N0. 86-1975 - �IRECTING PREPARATION OF ASSESSMENT ROLL FOR SANITARY SEWER i.mTrn nnm crnnnn cri.irn rrtnnnnvrnarniT nnn�rrT nin i�c. MOTION hy Councilman Breider to adopt Resolution No. 86-1975. Seconded by Gouncil- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 87-1975 - DIRECTING PUBLICATION OF HEARING ON PROPQSED ASSESSMENT ROLL FOR SANITARY SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT N0. 116• �MOTION by Councilwoman Kukowski to adopt Resolution No. 87-1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �' ECIAL ASSESS- MOTION by Councilman Breider to adopt Resolution No. 88-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 89-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS- MOTION by Councilman Breider to adopt Resolution No. 89-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESO MOTION by Councilman Breider to adopt Resolution No. 90-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NG THE COMBI IAL ASSESS- D�ITION: MOTION by Councilman Breider to adopt Resolution No. 91-1975. 5econded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 92-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS- MENTS ON LOT 9, PARCEL 540 AND LOT 10. PARCEL 550, BLOCK 3, OAK GROVE ADDITION: MOTION by Councilman Breider to adopt Resolution No. 92-1975, Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ,, - ,, �, � �. REGULAR COUNCIL MEETING OF JULY 7, 1975 93-1975 - AUTHORIZING AND DIRECTING THE i] PAGE 16 MOTION by Councilman Sreider to adopt Resolution No. 9�-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 94-1975 - AUTHORIZING AND DIRE CEL MOTION BY Councilman Breider to adopt Resolution Pdo. 94-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AND DIRECTING THE COMBINING OF SPECIAL ASSESS- nnn�n eor_ i nT �[ na�n �e nnnrri e�r nem r �ni MOTION tiy Councilman Breider to adopt Resolution No. 94-1975, 5econded by Council- woinan Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5- M DIRECTING THE COMBIfdING OF SPECIAL ASSESS- MOTION by Councilman Breider to adopt Resolution No. 9b-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ION N0. 97-1975 - DIRECTING THE COMBINING OP SPECIAL MOTIOIV by Councilman Breider to adopt Resolution No. 97-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousTy. 975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS- MOTION by Counc�lman Breider to adopt Resolution No. 98-1975. Seconded by Counci7- woman Kukowski. Upon a voice'vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MOTION by Councilman Bre�der to adopt Resolution No. 99-7975. Seeonded b,y Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. 1975 - AUTHORIZING AND DIRECTING THE COMBINING OF S MOTION by Councilman Breider to adopt Resolution No. 100-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 101-1475 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS- MENTS ON LOT 15, PARCEL 1225, LOT 16, PARCEL 1230, AND LOT 17, PARCEL 1235, BLOCK F, RIVERVIEW HEIGNTS ADDITION. MOTION by Councilman Breider to adopt Resolution No. 101-1975. Seconded by Council- woman Kukowski. Upon a,,voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , � � REGULAR COUNCIL MEETING OF JULY 7, 1975 RECTING THE COMBINING OF SPEC �r �„ , a_ 4, PAGE 17 MOTION by Councilman Breider to adopt Resolution No 102-1975. Seconded by Counci]- 'woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT CITY EMPLOYEE: NAME P05ITION SALARY EFFECTIIIE �ATE REPLACES Jill R. McInnes Police Service $702 �une 30, 1975 Steven Eggert 5207 Brighton Lane Technician per New Brighton, MN Month 55112 MOTION by Councilman Bre�der to appoint Jill McInnes as Police Service Technician effective �une 30, 1975. Seconded by Counctlwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: TYPE OF LICENSE BY APPROVED BY FEE CIGARETTE Cub, Inc. 250 Osborne Road �Ground Itound 5277 L'eniral Avenue Moore Lake Union 76 5695 Hackmann Avenue Skywood Cleaners 5251 Central Avenue �..1 E.R. Thuseson Fred Dohlin Lee Haugen Frank Casale Pu61ic Safety Director Public Safety Director Public Safety Director Public Safety Director FOOD ESTABLISHMEN7 Totino's Finer Foods Loren R. Bogen Health Inspector 7350 Commerce Lane N.E. SERVICE STATION Dick's North Star Richard Hennessey Health Inspector 4040 Marshall Street Moore Lake Union 76 Lee Haugen Health Inspector 5695 Hackmann Avenue VENDING MACHINES Assurance Manufacturing Mary L. Hebert Health Inspector 7753 Beech Street Moore Lake lJnion 76 Lee Haugen Health Inspector 5695 Hackmann Avenue Powdour Pouf Beauty Sandra Benett Health Inspector 6251 lJniversity Avenue Skywood Cleaners Frank Casale Health Inspector 5251 Central Avenue $ 12.00 12.00 12.00 12.00 25.00 30.00 30.00 15.00 15.OD 15.00 30.00 r r1� L �� REGULAR COUNCIL MEETING, JULY 7, i975 LICENSES: TYPE OF LICENSE BLACKTOPPING ABC Blacktop 1308 Main Street N.E. Minneapolis, MN 55413 by GENERAL CONTRACTORS Coord�nate Products Co. 1201 - 40th Ave. N.E. Columbia Heights, MN by Custom Pools 701 E. Excelsiar Ave. Hopkins, MN 55343 by Duevel Construction Co. 9307 5th St. N.E. Minneapolis, MN 55434 by Floodmaster Engr. Corp. 1545 Selby Avenue St. Paul, MN 55104 by 6arage World 3947 Excelsior Blvd. Minneapolis, MN by Giertsen Company 2840 Chicago Ave. So M�nneapolis, MN by Lovering Associates, Inc. 555 Wabashu St James Turpin Kenneth �unker Harold Grotte Hank Duevel Wm. B. Fields Roy Caples R.I. Gtertsen St. Paul, MN 55102 by: Dale F. Vogt North Central Builders 7401 42nd Ave. No. Minneapoiis, MN 55427 by: Edward Patterson Bill 0'Connell 3731 14th Ave. So Minneapolis, MN 55407 by Vern Reynolds Constr. 3118 Boone Ave. No. tdew Hope, MN 55427 by HEATING Suburban Heating & Air Cond. 2050 White Bear Ave. St. Paul, MN 55109 by GENERAL CONTRACTORS Aquarius Swim Pool Co. 16900 Cedar Ave So. Rosemount, MN 5506& by MASON RY Gjerstad Masonry 6331 Brooklyn Drive Minneapolis, MN 55430 by Bill 0'Connel7 Vern Reynolds Ernest A. Johnson Maynard Nichelson Luverne G�erstad APPROVED 8Y D. Clark D. Clark D, Clark D. Clark D. Clark D. Clark D. Clark D. Clark D. Clark D. C]ark D. Clark Bill Sandin D. Clark b. Clark PAGE 18 NEW ' NEW RENEWAL RENEWAL RENEWAL NEW � NEW NEW NEW NEW NEW RENEWAL � RENEWAL RENEWAL L._�' � Y REGULAR COUNCTL MEETING, JULY 7, 1975 PAGE 19 MOTION by Councilman Breider to approve the licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: GENERAL AND LIQUOR 10301 - 10626 MOTION by Councilman Starwalt to approve the claims. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnish�ng of resident inspection and resident supervision for the staking out of the construction work for the follow3ng: PARTIAL Estimate #18 for Sanitary 5ewer, Water & Storm Sewer Improve- ment Project No. 114 from May 26 through June 7, 1975 $ 276.71 PARTIAL Estimate #6 for Sanitary Sewer Improvement Pro,7ect No. 113 from April 26 through June 7, 1975 $ 600.38 MOTION by Councilman Breider to approve the estimates. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATIONS: INFORMATION SYSTEMS MANAGER: COMMEND EMPLOYEES• ,�1i Ll �J b� MOTION by Councilman Breider to receive the communication from Mr. Phillip C. Allison, Information Systems Manager, dated June 26, 1975. Seconded by Councilwoman Kukowski. The Finance Director said if there is a system failure, Hennepin County deducts the amount of time for overtime for the employees and crediis the City at the next billing. UPON A VOICE VOTE, ALL VOTING AYE, Mayor Nee declared the motion carried unanimously WEISS. TONER. MARTINSON, HaTZE: STABLE RIVER BANK: MOTION by Councilman Breider to receive the communication from Weiss, Toner, Martinson, Hotze dated June 20, 1975. Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY JAYCEES: SOFTBALL TOURNAMENT: �MOTION by Councilman Starwalt to receive the communication from the Fridley �aycees Richard Young, dated �une 17, 1975 and granting their request. Seconded by Council- woman Kukowski. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. FRIDLEY 49'ERS: COMMENDING CITY EMPLOYEES AND VDLUNTEERS: MOTION by Councilman Fitzpatrick to receive the communication from Mr. Ed Dunn, Fridley 49'ers, dated July 2, 1975. Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� � , _, t�'� REGULAR COUNCIL MEETING, JULY 7, 1975 FRIDLEY CHAMBER OF COMMERCE: COMMEPJDING FIRE DEPAaTMENT: PAGE 20 MOTION by Councilman Breider to receive the communication from the Fridley Cham6er of Commerce dated �uly 1, 1975. Seconded by Councilwoman Kukowski, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RE UEST FOR EXTENSION OF TIME FOR RESERVING LI UOR LIC�NSE, BY MAX SALITERF1AN FOR KING'S CHALET, INC. TABLED 6-16-75 Tabled earlier in the meeting. Mr. Jim Casserly, representing Mr. Saliterman addressed the Council and explained the request. He said he would like the Council to extend the time period to February, 7976 or for six months. Councilman Starwalt said he had hoped Mr. Saliterman would be present. Mr. Casserly said it was his understanding that Mr. Saliterman did not have to be present. Councilman Starwalt asked Mr. Casserly what progress had been made in the establish- ment of the 77quor facil�ty in the City. Mr. Casserly said he was not aware of the current status of this. Councilman Starwalt questioned �f there had been any progress in the ciean up activities after the recent storm. The City Manager informed the Council that the area had 6een cleaned up. Some discussion concerning the facility followed with Mr. Casserly requesting the item be tabled until he was able to gain more infomration on the status of the liquor establishment plans. P40TIO�I by Counctlman Starwalt to table the matter of the request for the extension for the liquor reservation as requested by Mr. Max Saliterman for July 21, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONI : .::� MOTION by Councilman Breider to receive the statement written by Mayor Nee regarding the Frontier Club Zoning dated July 7, 1975 and on f71e in the City offices. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • Councilman Starwalt said some time back there was some discussion that the rezonin9 be handled separately from the application for the liquor license. He said he felt that this should be considered as two distinctly separate items. He said if the property were to be rezoned, it would comply with the current use of the property. Councilman Starwait referred to Mayor Nee's statement and said there are some good points in it. He said when the City has a liquor fa�ility in this location, the property was not zoned correctly. He asked why the City did not continue operations at the location. He asked if this was because of the zoning. Mayor Nee said the Council said this was because they were not making any money. Mayor Nee said he had voted to close this City facility because he did not believe this was a good place to have a liquor store. Councilman Fitzpatrick asked if Mayor Nee was aware at that time that the zonin9 was not correct. Mayor Nee said he was aware, it was the staff that was not aware of this fact. Councilman Starwalt said he was at a lose at why not to rezone the parcel to conform with its present use. Mayor Nee said the zoning change would not serve the neighbor- hood. Councilwoman Kukowski said she had lived in that area for two years and the local businesses in the area closed because they did not have any business. She mentioned the residents of the area are not opposed to the rezoning, because they had not come to the meetings and told the Council about this. i� ' � � � REGULAR COUNCIL MEETING, JULY 7, 1975 PAGE 21 t �-i 2J Councilman Breider said Mayor Nee's arguments are very good, but he had to agree w�th Councilwoman Kukowski. He said this area cannot suppori this sort of local shopp�ng facility. He also mentioned the physical size of the area would also restrict uses, of the other property in the area. Councilman Fitzpatrick asked if there is other C-1 area �n the neighborhood. Council- man Breider asked the Public Works Director to show the Council an overlay of the area. Councilman Starwalt said he thought this property should have been C-2 when the City had the liquor establishment on the property. He asked if the other liquor establishments in the City are properly zoned. The City Manager said this is the only one that does not conform to the zoning. Councilman Starwalt said as he read the minutes of the subcommittee meetings, he thought that thts should be re�oned. The City Manager said the Council could not consider the fact that the property has a non conforming use. He said there are many other areas in the City where there are non conformtng uses and if this was the rule there would be spot zoning all over the City. Mayor Nee said this wou7d create ridiculous zoning all over the City and this would be a nonsense argument The City Manager asked if there should be some understanding on the part of the property owner for improvements on the building if ihe rezoning is going to be approved. Mayor Nee said the City had an agreement Zn 1969 for the complet�on of a blacktop parking lot and this has not been done. He voiced the opinion that such an agreement would be ignored. Councilman Starwalt asked if there is adequate parking and Mayor Nee said no. Councilman Fitzpairick said what about the property across the street. Mayor Nee said there were m�nutes �n the agenda which discuss possible plans for 6uilding a warehouse on this property. He said the property is not available. Councilman Starwalt said there are many pros and cons. MDTION by Councilman Starwalt to wa�ve the reading and adopt the ordinance for the rezoning request by Mr. Richard Povlitzke. Seconded by Councilwoman Kukowski for a vote. Upon a roll call vote, Counctlman Breider voting aye, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Mayor Nee voting nay and Council- woman Kukowski voting nay, Mayor Nee declared the motion failed because it did not have a four/fifths vote. ADJOURNMENT: MOTION by Councilwoman Kukowski to ad�ourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Regular Meeting of the Frtdley City Counci7 of July 7, 1975 ad�ourned at 10:47 P.M. �6'7f , ������j?'`' Pat Ranstrom Secretary to the City Council �3� y 7s Date Adopted William �. Nee Mayor