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08/04/1975 - 00015127�� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 4, 1975 The Regular Meeting of the Fr�dley City Council of August 4, 1975 was called to order by h�ayor Nee at 7.32 P.t1. EDGE OF ALLEGIANC,F: Mayor Nee invited those present to ,7oin the Council in say�ng the Pledge of Allegiance � to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, I'�layor Nee, Councilwoman Kukowski, Councilman Breider, Counrilrnan Starwalt. MEDI6ERS 11[iSENT: fJone. 4PPROVAL OF MINUT�S: REGULAR MEETIi�G Of JUNE 16, 1975: MOTION 6y Councilman Starwalt to adopt the minutes of the Regular Meeting of the Fridley City Council of June 16, 1q75 as submii.ted. Seconded by Councilwoman �:ukows'�i. Upon a voice vote, all voting aye, Mayor Nee declared i,he motion carried unanimously. REGULAR MEETING DF JULY 7, 1975: MOTION 6y Councilwoman Kukowski to adopt the minutes of the Regular Meeting of the Fridley City Council of July 7, 1975 as submitted. Secondeei by Coiancilman Starwalt. Upon a voice vote, all vnting aye, P�ayor Nee declared ts�e motion carrier� unanimously ADOP7ION OF ,4GENDA: , Mayor Nee said he would like the information concerni3ig the good potential of grant money for Communit}� Developm�nt pro,iects from HU� added t� the agenda. He a'so said — he would like to add i.he discussion of the question af whether or not *he Council members would like to act on the Board of Review. MOTION dy Councilman Breider to adopt the agenda with the additions mentioned by Flayor Nee. Seconr�ed 6y Councilvaoman Kukowski Upon a voice vote, all vot�n� aye, Mayor Nze declared the motion carried una mrnously. OPEN FORUM, VISITORS: Mayor Nee asked if there was anyone who wished to address the Coun.:il during the Visitor's 5ection. Mr. Burt Ellis, 115 7almadge Way addressed the Gouncil and introduced I�1r. J�mes Langenfeld, Treasurer of Lhe Islands of Peace Foundation Mr. Langenfeld grea�ed the Council and made a presentation concerning the first i-cem on the agenda. OLD BIJSINESS: P10. 140-1975 - CAPdCcLLING SPECIAL ASSL-SSMENT PAYME^1T5 DIIE Ih 197� OCK 2, HAYES RIVER LOTS TABLED 7/21/75 : Mr. Langenfeld explained that on or abcut P1ay he became involved in *ne Islands of Peace Foundat�on. Mr. Langenfeld brtefly explained Lhe current state of th� financ�al � situation of �lie Islands of Peace regarding their contract for �eed payment, the possible extension of the payment and the interest ciue on August 2�?, 1975. H� said Mr. Andy Kohlan had talked to Mr. Minder concerning the Contract for Deed Payment and h1r. f4in�er had assured him that there would be an extenston ef t�me allutted for the payment of the principle, but the interest would remain due at this time. Mr I_angenfeld said the Islands of Peace has a balance of "�1,202.46 and would have to come up with $2,040. Mr. Langenfeld mentioned ihe state of the economy anr� said they were "aving trouble tn financir,g ,7ust as everyone else. Mr. Langenfeld said he would like to establish a goal for the funding rf the rro,7ect with lon9 range plans in mind. He mentioned that they would like to 6uild a shelter and this type of pro�ect would have to be plennnj in advance for funding. Mr. Langenfeld sa�d he had prepared a financial statement and offered a copy of this to the members of tne City Council. Mr. Langenfeld said he had talked to Mr. Larry Commers, Services to Mankind, and he had expressem, an interest in providing physical facilit�es like benches, etc. Ne sa�d l� REGULAR COUNCIL P1EETING OF AUGUST 4, 1975 PAGE 2 he would be meeting with P4r. Conmers soon and there was a possibiTity ihat some funding may 6e obtained from this agency. Mr. Langenfeld explained that he had no absolute plans to obtain the funding and said they were $1,444 short of ineeting the �nterest payment. Mr. Langenfeld said he had put a freeze on the checking account of the Islands of Peace. H� mentioned that he wauld answer any questions that the Council may have at this meeting. Mayor Nee questioned the City's halance in the account of the Islands of Peace. The � Finance Director said i,his is seperate from the fund mentioned by Mr. Langenfeld and this is the balance of the money from the State grant. Mayor Nee asked about the fund raising plans of the Foundation. He asked 7f the Foundation wouid like some heip from the City Council. Mr. Langenfeld said he really believes in the Islands of Peace pro�ect. He explained that through the winter months he typed and signed 48 letters to all the local foundations and others all over the U m ted States. He said most of the replies stated something like, "due to the economic situation, we cannat help at this tiine." He further explained that others responded that all of the funds for 1975 were gone. He said he had only been involved with the Islands of Peace for a relatively short period. He said there is no concrete method of funding available at th�s time. He said there are other sources that can be contacted and he planned on trying these. He said this plan of action would be taken care of by the Foundation at their next meeting. He �id he would like the plans and motives documented and presented to the City Council so they know what is going on. Mavor Nee asked if the Foundation has asked the local peop]e in business like M�dland or Medtronics. Mr. Langenfeld said the Foundation was having a meeting soon and this would be discussed and the businessmen could 6e appraached. He mentioned there would possibily be a campa�gn with buttons and the locaT businss could aid in the distribution and sa�e of the buttons. He mentioned it would be a good idea for the Islands of Peace to have signs such as the "Sister Kei�ney Foundation" to indicate what the project , really is. Mr. Langenfeld said if this could be a united project, they could get it off of th� ground. He said they could make the Tslands of Peace something to really remember. Mayor Nee as�ed if there was something the City could do aside from committing tax dollars that would be helpful. Mr. Langenfeld said the Foundation would like the names of people they could consult. He mentioned that he could not see Pveryone himself. He said he wfluld welcome any assistance the members of the Council could give or any recorrmendations. Mayor Nee said the Counc�l would help if the Foundation would tell them what they can do. Mr. Langenfeld said on or about the 15th of August there would be a meeting of the Foundat�nnand he would let the Council know where the Foundation stands after this. Mr. Langenfeld asked the Council if the City would pick up any remaining portion of the interes�� i; the Foundation is not able to ra�se the money. Mr. Langenfeld said the Foundation is still hopefuli that the bill would pass that would grant additional funds to t'��Islands of Peace. Mayor Nee said even if this would pass, the money would not be obtainable unttl the coming year. Mr. Langenfeld said they were looking for all possible sources. He again asked thP the City take care of any remaining portion >; the Foundation cannot dig up the funds. Councilman Starwalt referred to the mention of the dtgging up of funds and said he hoped that the Foundation could raise enough money to meet the obligation. Councilman Starwalt said he would be reluctant to vote in favor of usin9 any tax money to pay � the remainder of this obligation. Councilman Breider said he was not in attendance at the meetin9 where this had been discussed and he apologized for his absence. Coucilman Breider mentioned the City's commitment to the project by saying that if the payment is not met, the City would be forced to pay back the $35,000 in matchin9 funds if there is foreclosure. He mentioned it may be in the best interest of the City to pay the amount due and sell the property at some time in ti�e future. Ho said he did not th�nk the question was whether or not to guarantee the funds, the City has done tM s. Mr. Langenfeld said he hoped the Foundat'on would not have to ask for the funds, Lut he would not know where the Foundation stands until August 18, 1975. He said many thin9s could happen or not happen before this iime. He said the Foundaiion is not sure that they will get assistance from the City. REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 3 G� Councilman Breider asked the City Attorney if he had been involved with the negotiations concerning the contract for deed. He said the C�ty Attorney should know if the contract had been extended. The City Attorney answered that he had received a call from the Foundation's Attorney, Mr. Andy Kohlan about a week to ten days ago. The City Attorney said Mr. Kohlan said Mr. Minder assured him that the contract would be extended for the nrinciple and he � would like the tnterest paid at this time. The City Attorneysaid Mr. Kohlan was planning to get in touch with the other gentleman concerned, Mr. Lametti, to determine if he a9reed to the same terms. He said there are two sep�.rate contracts. Councilman Breider asked the City Attorney if he could get involved in the negotiations He said he would like the City Attorney to obtain a firm commmitment in writtin� He said if this is not agreed to, the contract holders may foreclose in ten days and take the $35,000. Mayor Nee sa�d his problem with this matter is that he could not see where the balance of the money would come from. He said he did not think the people are aware of how uroent this need is for the Foundation. Mr. Langenfe1d said the only thing that could be done at the present time is that all concerned uniteagain and see how they can come up with the means to meet the present obligation. He said they also have to make plans for future funding. Mr. N�ck Garaffa, 6750 Monroe, said he would l�ke to address his comments to Mr. Starwalt. He satd he agreed with the concern expressed by Councilman Starwalt �n that he would not be favorable about spending tax money. He asked if it would 6e possible for the City to get involved by obtainina a professional fund raiser. Councilman Starwalt said he was not so sure that this is the �+�ay to go. Mr. Garaffa said the City has a real obligatior whether they dig into tax money or , find some other way of obtaining the funding. He asked if the members of the City Council could try to obtain funds from the local businesses in the area He said there should be a more broad and organized method of funding. He sa�d he was not - only talking about the interest but also the principle on the obligation Councilman Starwalt said he had offered money from his own pocket. He mentioned he had offered $50 and if Mr. Garaffa and other peoFle would do the same, there would not be any problem. Mr. Garaffa responded that Councilman Starwalt should not offer other people's money. Mr. Garaffa said he hoped that Councilman Starwalt would have offered a concrete suggestion rather than listing the negative aspects by saying what he would not do. Councilman Starwalt answered that he would favor the city picking up the remaining portion of interest with reluctance. Mayor Nee asked if the Foundation could contact a professional fund raiser. Mr. Garaffa said he had been involved in a church fund raising project and the fund raiser raised over a couple of million dollars. Councilman Sta7walt said he would be reluctant for the City to get involved in this type of thing. He added, h� would favor the Foundation doing this, but he would like the Council to be advised if this is being done because the City has an �nterest. He mention�d some of the activities of the Islands of Peace had not gone through the City Council. Mr. Burt Ellis said there is something that he would like to re� nd the City of. He said the Foundation owns nothing He said this is City property and a City park. He said the money is not being spent for the Foundation, it is being spent on City property. He mentioned that the Foundation only leases the land from the City. � Mr. Ellis further corranented on the fund ra�sing for the pro�ect and said the Fridley Lion's Club has put the bulk of the money into the Islands of Peace. He said th�s is a small club and they had probably contributed $18,000 to the project. He saidihe Lion's Club has contributed other amounts of money to the City°s parks He said the City has benefited from the Lion's Ciub in an amount thut would 6e in +he range of $60,000 to �70,000 in the last 20 years. He said the Lion's Club has put in as much money as they can into this project. He said there are other areas in the City that they would like to help in. He mentioned that the Club had donated $2,000 for the purchase of the land. They had also given a pontoon boat, dock, and motor for the boats. Mr. Ellis said the Lion's Club has developed other areas of the City and cannot do this type of project alone. He said first things have to come f�rst. Mayor Nee said the land was hought at tha request of the Foundation �md�rthe premise that t„e City would help secure public grants and the Founc_iation would raise private money. Mayor Nee said the Foundation would re�mburse the C�ty for payments on this property. He mentioned thE amount of money that the City stands to loose if the ? 4"1 REGULAR COUNCIL MEETING OF Al1GU5T d, 1975 PAGE 4 contract for deed is iost by default. He sa�rl t"e amount wouid have �n be paid in a few days or the City would loose $35,000. He said the City Counril is facing a dilemma and on the other hand, being prudent, they realize that the C�ty would have to pay if the Foundation cannot. Mayor Nee said the Council has offered to help in any way the Foundation would ask them to. The City Attorney asked if there had been any contact by the Foundation at the Chamber of Commerce. He said this would seem like a logical place to start to obta�n a�d from the local business s�eople. Mayor Nee mentioned that three people could be sent to the local business people and tell the local business people how desperate the Foundation is. He m,m'ionc�d that no one is asking the local people and he thought th�y should be do7n9 this. Mr. Langenfeld said he had stFpped into qu�te a situation and he would li'�,�to go the proper route. He said he thought the Fourn.��i.t� had accor�plished more in the last six months than they h�ad �n the past two years. � I Mayor Nee shared a thought with the Council that he had been told while he was in the service. He saitl H�^ �r�as al�,!�-��s ��old to shoot at the guy closest to you. He said rather than talk to the State Legislature, he thought the Foundation should talk to local bu5tr��sesl�k�M�dland and Onan. Councilwoman Kukowski asked ��,�hen the next meeting of the Foundation would be held. Mr. Langenfeld said on August 18 and this would be a �rajor meeting. Councilwoman Kukowski said the members of th� Council are all willing to help in any way poss�ble, but they do not want to wait until August 18. She suc�gested that they ali get together and get this problem taken care of as soon as possib7e. Councilman Star�-•�lt said he felt the Lion's Club has done tremendous things for the City of Fri;lley. He said if all of the local orgar�izations would help to tiie extent that the L�un's Club would, there would be no problems. Mayor Nee asked the members �f the Foundat���� to let the Council know if there is anything that they could do. 1 The Finance Director r-f�rred the Counc�l's, atte�^tion to page 1-B of the agenda sa7d ther^ is a proposed resolution for the cancellation of the special assessments due in 1974. He said he saw no reason that the City Counril could not adopt this resolution at this time. He said this is a formality and the County Commission would not strike the assessments unless this is done by resoiution of the City Council. MOTION by Councilman Fitzpatrick to adopt Resolution No. 140-1975 cancelling special assessment payments due in 1974 on Lots 3 and 4, Block 2, Hayes River Lots. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the i���?ion carried unanimously. ORDTNAPICE �,�. 590 - FOR UACATION REQUEST, SAU #75-02, LOREN D. SMERUD, TO NACATE 64TH nvcr,nir Qrn.irrm oon c-r�rr-r nnin II�ITIfC�CiTV nvrnu�r. ntin� �on cTOCC-r. r10TI0N by Councilman Fitzpatrick to waive the seco��d readina of the nrdinance and ad,�pt Ordinance No. 590 for vacation request SAU �7502 by Loren Smerud. Seconded by Councils�oman Kukowski Upon a voice vote, all voting aye, Mayor i,ee declared the motion carried unanimously. ORDINANCE N0. 591 - REZONING REQU�ST ZOA #75-03, BY CITY OF FRIDLEY FOR GEORGE IS IN rnrni rv nr_�nnrr rnnnn nn a rn r o a�nn rncr nrvrn nnnn � MOTION by Counc�lman Fitzpatrick to waive the second reading of the ordinance and udopt Ordinance No. 591 on second read7ng to rezone from M-2 to C-2, 3720 East River Rn�:d for George is in Fridley. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor f��ee dec]ared the mot�on carried unan�mously. ORDINANCE N0. 59z - AN ORDINANCE AMC�DING THE CITY CHARTER OF THE CITY OF FRIDLEY: MOTION by Councilman Fitzpatrick to waive the second reading of the ord�nance and adopt Ordinance No. 592 amending the City Charter of the Czty of Fridley. Seconded by Counc�lwoman Kukowski. The City Atto�ney explained that the form of the proposed ordinance had been changed slightly. He referred the Council's att�ntion to the sections where there had prev�ously been a number change and indicated he felt it would be better to repeal these sections rather than change the numbers. � REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 5 � �� Mayor Nee asked if there had been any play back on the suggestions from the Council from the Charter Cononission The Finance Director said copies of the Council minutes had been sent to the Charter Comnnssion and there had not been a reply received at the present time. The City Attorney said the Charter Commission could reviemf the suggestions and send any changes to the Council in form of an additional ordinance proposal. The City Attorney noted a possible problem in wording in the =ection of the �roposal � concerning recall. He mentioned that according to the provision, it �vould take 25% of the registered voters signatures on a petition. He questioned �ro�hat Nrould be the case if this would be a Ward Councilman and asked if this should be 25% of the Ward in this case. He said he could see that there may be some questions if this came up in the future. The City Attorney suggested that the Charter Commiss�on and City Council clarify this section before someone has to go to court to fina out the intert of the provision. Mayor Nee said he believed this section must be rewritten before it couuld be used. UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Councilworr.an Kukotvski voting aye, Councilman Breider voting aye, ard Councilman Starwalt voting aye, Mayor Nee declared Y,he motion carried unanimously RECEIVING THE MINUTES OF THE PLANNING C�JMhiI$SION ��EE7ING OF �ULY 15. 1975 CONSIDERATION OF TNE MINUTES OF THE APPEALS CON1h1I5SI0N MEETING OF �IULY 15, 1975 A REQUEST FOR A VARIA^iCE OF THE FRIDLEY CITY CODE, SECTIO� 245.063, 4B, TO RE 1 The Public Works Director explained the request to construct a carport, porch � and addition to the existin g dwe1ling and said a variance wo�ald be required because the lot is only 50 feet wide. He further explained that the applicant had attempted to purchase the ad,7acent property to allow this construction without a variance and there were some legal problems and expense involved in this I acquisition. He mentioned the structure to the east of this property is 48 feet away. Mr. Sobiech explained that Mr. Matison was present at the meeting to answer any questions frorr the Council He further mentioned that the Appeals Commiss�on had recommended approval of the request with the stipulation that a hard surface � drivc be installed. � Mayor Nee said he was not satisfied with the exFlanation in the minutes of how the applicant had tried to purchasE the au+,7oiring Froperty. Ne questioned if he had really trted to purchase it when the adjoining property owner does not own it. �hr. Matison explained to purchase fram t?eree to ten feet �f property, he would have to track down who owns it and split it off and this would take a lot a time and expense in legal fees. Mayor Nee asked if this property would be a building site. l�fter considerable discussion it was determined that the adjacei�t property would not compr u e a 6uilding site_ P1r. Matison said the cost to split a 25 foot parcel of nroperty would be extensive and he guessed that the mortaaqe company would want him to purchase theentire 25 foot lot. Mr. N�atison said he dic+ not need this much property. MOTIO� 6y Councilman Fitzpatrick to concur with the recommenda;ion of the Board � of Appeals and qrant the variances with the stipulation that a hard surface driveway be installed. Seconded by Councilwoman Kukowsl;i. U�or a voice vote, all voting aye, Mayor Nee declared the m,�tior carried unanimously. A REOUEST FOR A VARIANCE OF THE FRI�LEY CITY CDDE. SECTION 205 154, (3). TD G Mr. Sobiech explained the request to �e to increase the height of a fence to encompass an above ground swimmtnq pool and incorporate a deck. He said the Appeals Commission had recommended approval of the request. MOTION by Councilman Starwalt to concur in the recommendation of the Appeals Commission and approve the request for a variance inthe height of the fence at 6128 Woody Lane. Seconded by Councilman 6reider, Upon a voice vote, all 32 REGULAR COUNCIL MEETING OF AUGUST 4, 1975 voting aye, Mayor Nee declared the motion carr�ed unanimously. PAGE 6 A REQUEST FOR A VARIANCE OF SECTION 205.053, 4B, FRIDLEY CITY CO�E, TO REDUCE THE SIDC YARD SETBACK FROM 10 FEET FOR THE PURPOSE OF CONSTRUCTING AN ADDITIQN TO FlN The Public Works �irector explained the request to be for the construction of an addition to the existing dwelling which would t,e 6.2 feet from the property � line and will 6e 12 by 26 feet in size. Ne said the Appeals Commission had recommended approval of the request. Mr. Sob�ech said Mr. P1iner was present at the meetinq to answer any questions. MOTION by Councilman Fitzpatrick to concur with the recommendat�on of the Appeals Commission and grant the variance as requested by Mr. Date G. Miner. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERATION OF A UACATI�N REOUEST. SAU #75-05, BY RICHAR� KOK, TO REDUCE THE W There was no action necessary on the request at the present meeting. ('ONSIDERATION OF VACATION REQUEST, SAV #75-07, BY VERLYN VANDER LUGT• TO UACATE THE STREET EASEMENT OCCUPYING THE EASTERLY 66 FEET OF PROPERTY DESCRIBED A5 Counc�lman Star�,a�alt questioned if this request should be held up to �ncorporate the possible vacation request by the ad�oining property owner. The City Manager explained that if th�s vacation was applied for, it would have to come to the Planning Commission and would take some time. He mentioned there was not need to hold up this request for that considerat�on since the property owner was � facing a �ime �iement for construction. The Publ�c Works Director explained that the applicant had requested this vacation to allow the construction without takinr,out the trees on the lot. Mayor Nee asked if there would be a need for a drainage easement. The Public Works Director expla�ned thr conveyance easement on the tax for�eit propert'es could be obtalned and access could ��lso ��� ob��ainad from the park property to the west. MOTION by Councilman Starwalt to set the public hearing for September 15, 1975 for the matter of the vacation request by Verlyn Vander Lugt. Seconded by Counc�lman Bre�der. Upon a voice ��ote, all voting �.ye, Mayor '�ee declared the motion carried unanimously. CONSIDERATION OF A REQUEST, SAV #75-08, BY LEO LEMK7: TO VACATE 47TH AVENUE MOTION by Counciiman Fitzpatrick to set the Public Hearing on Vacation request SAV #75-08, by leo Lemki for September 15, 1'3'5. Seconded by Councilmz�n �tarwalt. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously. The Public Works Director mentioned that this area was talk�d •about by the ' Council for possible use for tennis courts and th�s had not been considered by the Planning Corram ssion in their discussions concerning the vacation. He asked if this should be passed back to the Planning Commission for this consideration Counciiman Fitzpatrick said he did not consider th�s a great locat�on for a tenn�s court, but said the ar?a is void of any other possible locations. The Puhlic Works D�rector said this matter could be discussed at the Public Hearing. MOTiOtI k�y Co�anr,°siv�oi�;ai: ';u4:o�,�sl.i to receive the minutes of the Planning Comm�ss�on meeting of July 23, 1975. RECEIVING THE MINUTES OF THE CABLE TELEVISION P4EETING OF JULY 17, 1975: CONSIDERATI0�1 OF REUTSIOPI OF BYLAWS IN ARTICLES VI AND VII OF COMMISSION: The Public Works Director said according to the franchise, the City Council must approve any changes m the rules and regulations and bylaws of the Commission, REGULAR COl1NCIL MEETING OF AUGUST 4, 1975 PAGE 7 JD�� �l Mayor Nee expiained the change to be from chairman to chairperson The Public Works Director said the meeting time would also be changed to correspor�d to all of the other commissions. MOTION by Councilwoman Kukowski ±o approve the cha��n �n the Bylaws of the Cable Television Corrmission as recommended in the minutes of the July 17, 1975 meeting. Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Nayor Nee � declared the motion carried unanimously. CONSIDERAIION OF MEDIA CLASSES IN THE JUPlIOR ANC SENIOR HIGH SCHOOLS: MOTION by Councilman Breider to concur in the recommendation of the Cable Television Commission to provide media classes in the Junior and Senior High Schools. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF �ESIGNATING RESOURCE CENTER IN ANOKA COUNTY LIBRA�2Y: Mayor Nee asked Mr 6urt Ellis, Lion's Club, if the eqin pment had been donated with the intent that it would be used in the Fridley branch of the Anoka County Library and F�r. Ellis said yes. Councilman Starwalt expressed the concern �hat the recommendation did not state that this would be the Fridley branch, it said the Anoka County Library. Mr. Elits said the eoutpment would be general puhlic property and he suggested that some note be made that this was iniended for the Fridley Branch. MOTION by Councilwoman Kukowski that the Anoka County L�brary, Fridley Branch, be designated as the Ca61e Television Resource Center. Seconded hy Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fi�zpatrick to receive the m�nutes of the Cable Television Commission meeting of July 17, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF AERATION OF MOORE LAKE BEACH AND ACCEPTANCE OF DONATION FROM LION'S CLUB Mr. Maynard Neilsen, 4655 22 Street N. E., President of the L�on`s Club, addressed the Council and said he was to speak on behalf of the aeration of Moore Lake. Mr Neilsen said he had looked at oiher lakes where tlns process is being used and there has been �mprovement. He mentioned if the salesman fcr the equipment is correct, it would a�d Moore Lake. Ne further mentioned if this process would just control the conditions at the swimming 6each, he would be pleased. He said he would like to get rid of some weeds and create a situation where ic would be possible to fish from some other spots than next i:o the highway. Mayor Nee said his concern is one of expectations He mentioned the memo from the Naturalist/Resource Coordinator and said tt was confusing since in the beg�ninnq it states this would not be recommended and at the end it states since the publ�c officials seem to favor this, he would recommend its use. Mayor Nee asked if a special chemical would be used with this equipment f�r. Neilsen said a chLmical would be necessary. Mayor Nee asked if the donation would cover the cost of the entire operation or would the City have to contribute additional mon�zs. The City ��1anager said the company would provide the chemicals for one year and the Citywould have to pick up the cost for the chemicals the second year. Councilman Fitzpatrick asked how much of th� eqi;ipment wuu'd be permantly owned 6y the City. Mr. Burt Ellis said the $2,7D0 amount would purcnase all of the equ�pment ' necessary. Mr. Ellis said the cost of the chemicals would be nominal the second year. The City Nlanager explained the City is spendinq y�ite a bit of money on chem9cals at ±he present time and he hoped this would replace this need. Councilman Starwalt questioned why the cost of this type of equipment and system in other areas ran up to $15,000. The City P1anager satid they had many pieces of eq�i�;vi���:ntnot ,7ust one. The City Manager explamed this to be a new type of system and he had reservations because the claims of the company are not substantiated in all cases Councilman Starwalt asked if the equipment could be used all w�nter and Mr. Neilsen said it could be. The City Attorney mentioned that this type of equipment was being used in a lake that he was familiar with and the people indicate that it does a good ,7ob in a limited area, Councilman Breider suggested that the Council take a position to try the equipment. P40TION by Councilman Staruaalt to accept the donation of the aeration equipment from `; F� REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 8 the Fridley Lion's Club for use in Moore Lake. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan7mously. Mayor Nee expressed his deep thanks for the efforts of the Fridley Lion's Club. CONSIDERATION OF -FRANKLIN CORPORATION AND CITY E.: Councilman Breider asked if the representatives of the corporation was present at � the meeting and the Public Works Director �ndicated they had been notified but were not present. Councilman Breider said he would like to continue this item till later in the evening v,;h?n the ��ople were in attendance at the meeting because he would like to discuss some things about the way that bus�ness is conducted from that location. CONSIDERATION OF A Councilman Starwalt said he had talked to the people from Darrel Farr Corporation and indicated that thisitem would not be taken care nf until 11:00 °. M. and he asked if this could be delayed unt�l that time. REQUEST TO CABLECAST COUNCIL MEETINGS BEGIPINING SEPTEMBER 8, 1975 BY GENERAL TELEVISION INC.: MOTION by Councilman Breider to concur in the request by General Television. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor "�ee declared the inotion carried unanimously. CONSIDERATION OF WAIVING BURNING PERMIT FEE FOR YMCA: MOTION by Councilman Breider to waive the burning permit fee for the YMCA. Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared �e � motion carried unanimously. CONSIDERATION OF A NEW POLLING PLACE FOR WARD 3, PRECINCT 3: Councilman Fitzpatrick sa�d he had talked to the City Manager about this concern before the meeting and he questioned why only one location was suggested. He mentioned that he felt th7s location to be inconvenient. Mayor Mee said this suggestion seemed like a terrible place to him. Councilman Fitzpatr7ck asked if the location could be on the other side of the railroad tracks. He aiso questioned if the poTling place coutd 6e outside of the precinct. The City Manager said this question had been discussed at the staff level and he �uestioned if the City Attorney had a chance to check into this requirement. The C�ty Attorney said he had not checked this provision. Afier several suggestions were made for possible locations, the Council dtrectred the Administration to further study the possible alternatives and br�ng the matter back to the Council. MOTION by Councilman Breider to table the concern of a possible polling place for Ward 3, Precinct 3. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERATION OF A REOUEST BY �: 5 US= LOGAN PARK FOR A ' 1975 BETWEEN 3 P.M. MOTION by Councilman Breider to approve and concur �n the requests by Ms. Agnes Shaw. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 141-1975 - APPOINTIPIG AND CONFIRMING EXISTING APPOINTMENTS TO THE CITY OF FRIDLEY COMMISSIONS FOR THE YE,4R 7975: � MOTION by Counc�lman Breider to adopt Resolution fJo 141-1975. Seconded by- Councilman Starwalt. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motton carr�ed. CONSIDERATION OF REJECTION OF ALL BIDS FOR STREET IMPROVEMENT PROJECT ST. 1a75-10B OVERLAI'_ The Pub�ic 4lorks Directcr explained that the bids came in h�qher than the enqineers estim�.� He explained by the re,7ectio of the bids and adtling th�s improvement to the 1975 improve- ment pro,7ect, the price would be less. � l__l � r � REGULAR COUNCIL "1EETING OF AUGUST 4, 1975 PAGE 9 MOTION by Councilman Starwalt te re�ect ±he bids for Strect Improvement Pro�ect ST. 1975-106, Overlay. Seconded by Councilwoman Kukowski. Upon a voice ��ote all voting aye, Mayor Nee declared the motion carried unanimously. Councilman 5tarwalt asked if this imprcvement could 6e added to the existing pro�ect and the Public Works Dtrector explained that there is a clause in ihe contract i;hat would allow the City to add up to 25% of the total contract. Mayor Nee asked if the Council had to state some findirgs and the City Flttorney said no. ON NO 142-1975 - ORDERING IMPROVEMENT. APPROVAL OF AND CONSI�ERATIOM OF APPP,OVAL OF CHANGE ORDER #1 FOR STREET IP1?ROVEMENT PROJECi ST. 1975-1 Councilman Breider asked if this procedure is legal. The City Attorney said if the City Council feels the bids are too high or the pro�ect can be done in a more economical way, it can be done. Mayor Nee asked if this would have to be done stating the findings. The City ,4ttorney said it would be in order for the Council to receive and concur in the recoinmendatton of the Public Works Director MOTION by Councilman Starwalt to receive the recommendation from the Publtc Works Director and concur in that recommendation and adopt Resolut7or No. 14?_-1975 and approve Change Order #1 for Street Improvement Pro�ect St. 1975-1. Seconded by Councilman Breider. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. ION N0. 143-1975 - AUTHORIZING AND DIRECTING THE SPLITTIPJG OF SPECIAL ASSESSMENTS MOTION by Councilman Breider to adopt Resolution No. 143-1975. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, h�ayor Nee declared the motion carried unanimously. RESOLUTION N0. 144-1975 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL MOTION by Councilman Breider to adopt Resolution No. 144-1975. Seconded by Councilwoman ICukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ION N0. 145-1975 - AND D SPLITTTNG OF SPECIAL ._, .,, �, �, LAKE PARK LAKESIDE AND REPLATTING INTO 6AYER'S LAKESIOE ADDITION: MOTION by Councilman Breider to adopt Resolution �lo. 145-i975. Seconded by Councilwoman Kukowski. lJpon a voice vote, all voting aye, Mayor Nee declared the mation carriecl unanzmously. RESOLUTION NO 146-1975 - AP7D D G OF SPECI MOTION by Councilman Bretder to adopt Resolution No 146-1975 Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, h�ayor Nee declared the motion carried unanimous]y. RESOLUTICN N0. 147-1975 - AUTHORIZING AND �IRECTING THE COMBINING OF SPECIAL ASSESSMENTS N L 21, RCEL 4575, NQ L 22 R EL 4580, BL CK i, RIVERVIEW FIEIGHTS ADDITION: MQTION 6y Councilman Breider to adopt Resolutior� No. 147-1975. Seconded 6y Counc�lwoman Kukowski. Upor a voice vote, all voting aye, Mayor Plee declared the motton carried urianimously. FSOLUTION N0. 148-1975 - MOTION by Councilman Bre�der to adopt Resolution No. 148-1975. Seconded by Councilwoman e rifl REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 10 Kukowsk�. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously. RESOLUTION N0. 149-1975 - AUTHORIZING AND DIRECTIPlG THE COMBINING OF SPECIAL ASSESSMENTS MOTION by Councilman Breider to adopt Resolution No. 149-1975. Seconded by Council- � woman Kukowski. Upon a voice vote, all voting aye, Mayor fdee declared the motion carried unanimously - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS MOTION by Councilman Bre�der to adopt Resolution No. 150-1975. Seconded by Councilwoman k;ukr�wski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 151-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 17, PARCEL 5055 AND LOT 18, PA�CEL 5060, BLOCK V, RIVERUIEW HEIGHTS ADDITION MOTION by Councilman Breider to adopt Resolut�on No. 151-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. N0. 152-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS MOTION by Counc�lman Breider to adopt Resolution No. 152-1975. 5econded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 153-1975 - AUTHORIZIMG AND DIRECTING THE COM6ING OF SPECIAL ASSESSMENTS , MOTION by Councilman Breider to adopt Resolution No. 153-1975. Seconded by Counctlwoman Kukowski. Upor a vo�ce vote, all voting aye, Mayor ?'ee declared the motion carried unan�mously. ION N0. 154-1975 - AUTHORIZIPlG AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ., ADDITION: MOTION by Councilman Breider to adopt Resolution No. 154-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimoulsy. ON N0. 155-1975 - AUTHORIZING AND DIRECTING THE COM3INING OF SPECIAL ASSESSMENTS P10TION by Councilman Breider to adopt Resolution No. 155-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor �dee declared the motion carried unammously. RESOLUTION N0. 156-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF �, ,,, ,,, ,,, „ „ ., RIVERVIEW HEIGHTS ADDITION: MOTION by Councilman Breider to adopt Resolution No. 156-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor iJee declared the motion carried unanimously. RESOLUTION N0. 157-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 13, PARCEL 5255 nN^ LOTS 14 FeAiD 15, PARCEL 5265, BLOCK We RIVERVIEW HEIGHTS MOTION by Councilman Breider to adopt Resolution No. 157-1975. Seconded by Councilt�roman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 11 �� r� �l RESOLUTION N0. 158-1975 - AUTHORIZING AND DIRCCTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 22, PA°CEL 5310 APJD LOT 23, PARCEL 5315, BLOCK W, RIVERVIEI� HEIGHTS A�DITION: MOTION by Councilman Breider to adopc Resulution No. 158-1975. Seconde� by Counc�lwoman Kukowski. Uopn a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE50LUTIO�J N0. 159-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS �, „ MOTION by Councilman Breider to adopt P.esolution No. 159-1975 Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor iJee declared the motton carried unanimously. RESOLUTION N0. 160-1975 - AUTHORIZING AP1D DIRECTIMG THE COMBINIPlG OF SPECIAL ,QSSESSMENTS ON LOT 32, PARCEL 5360, AND LOT 33, PARCEL 5365, BLCCK W, RIVER�IEW HEIGHTS ADDITTON: MOTION by Councilman Breider to adopt Resolution No. 160-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all aoting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 161-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS MOTION by Councilman Breider to adopt Resolution No. 161-1975. Seconded by Councilwoman Kukowski. Upon a votce vote, all voting aye, Mayor iJee declared the motion carried unanimously. RESOLUTION N0. 162-1975 - AUTHORIZING AN� DIRECTING THE COMEINING OF SPECIAL ASSESSMENTS ' ON LOT 1, PARCEL 5930, LOT 2, PARCEL 5935, LDT 3, PARCEL 5940, LOT 4, PARCEL 5945, AN� LOT 5, PARCEL 5950, BLOCK BB, RIVERVIEW HEIGHTS ADDITIaN: MOTION by Councilman �reider to adopt Resolution No. 162-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' RESOLUTION N0. 163-1975 - AUTHORIZING AND DTRECTING THE COMBINING OF SPEC ON L�- 6, PARCEL 5955, LOT 7, PARCEL 5960, LOT 8, PARCEL 5965 AND LOT 9, MOTION by Councilman Breider to adopt Resolution No. 163-1975, Seconded hy Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: GENERAL AND LIQUOR 10840 - 11019 MOTION by Councilman Starwalt to approve the claims. Seconded by Counci7woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: BLACKTOPPING Northern Asphalt Const. Inc 11064 Raddison Road N E. Blaine, Minn. 55434 United ASphalt Co., Inc. 33l Caon Rapids Blvd. Coon Rapids, Mtnn EXCAV�TING_ Walter C. Suchy Excavating 73 West County Road C St. Paul, Minn. 55117 : Gerhard Larson Gary An�erson Gary Anderson APPROVED BY D. Clark D. Clark D. Clark ,F� REGULAR COUNCIL MEETING OF AUGUST Ll, 1975 Licenses continued: GENERAL CONTRACTORS �. W. Corstruction, Tnc. 8804 Lexington Ave. New Brightan, Minn 55112 DaVerne Corporation Serendipity Court New Br�ghton, Minn. 55112 G. & M. Construction, Inc. 1908 79th A Street N. W. New Brighton, Minn. 55112 Inter City Builders 250D Murray Avenue N E. Minneapolis, Minn. 55112 R H. Homes 7300 GalTager, Suitc� 118 Edina, Minnesota 55435 �erry Thell Builders 14035 Partridge St N. E. Anoka, Minnesota 55303 Cliff Sampson Company �07 Excelsior Blvd. St. Jou�s Park, Minn. Westlund Bros. Const. 1823 Shy High �rive New Brighton, Minnesota 55112 HEATING Kleve Heating and Air Cond., Inc 13075 P�oneer Trail Eden Prarie, M�nn. 55343 MASONRY Gary Lantz Concrete & Masonry 211 91st Avenue N. E Blaine, Minn. 55434 SIGN Pedersen S�gns 5001 Clearv�ew N. E. f'ridley, Minn. 55421 HOUSE TRAILER Duane Petersen 7276 St,in�on Blvd. Fridley, Minn. SOLICITOR Cub Scout Pack #212 10150 Foley Blvd. GARBAGE PICKUP All State Disposal 4000 Hamel Rd. Hamel, Minn. Christen Trucking Inc. 3501 Silver Lake Rd. BY Donald Wehlast David E. F�eck John Gibbs Joe Shun R. H. Romens Jerome P. Thell Larry Sampson Roger Westiund Herhert �. Kleve Gary Lantz Duane Petersen Duane Petersen Russel Hannu Rodney B. Kager Robert Christen PAGE 12 APPROVED BY �. Clark D. Clark D. Clark D. Clark D. Clark D. Clark D. Clark D. Clark B. Sand�n D. Clark D. Clark D. Clark Public 5afety Director Health Inspector Health Inspector � , ' � , REGULAR CDUNCIL MEETING OF AUGUST 4, 1975 GARBAGE PICKUP continued Hilger Transfer Inc. 6721 59th Avenue N. Jetline Service 3817 Xylon Avenue N. Minneapolis Lofgren Sanitation Service 9100 Franders Street Blaine Metro Refuse Inc. 9837 3rd Avenue S. Bloomington Nelson's Trucking 13 Maple Place Minneapolis Browning-Ferris Ind. 9813 Flying Cloud Dr Exien Prairie BY David A Klatke John R. Barclay Harland Lofgren William T. Butler �erry Nelson Larry A. Hoy r� r PAGE 13 APPROVFD BY Health Inspector Health Insoector Health Inspector Health Inspector Health Inspector Nealth Inspector MOTION by Councilman Starwa7t to approve the licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Allied Blacktop 3601 48th Avenue North Minneapolis, Minnesota 55429 FIPlAL Estimate �il for Street Improvement Pro,7ect ST. 1975-10A (Sealcoat) accordinq to contract Comstock & DAvis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 PARTIAL Estimate #1 for Water, Sanitary Sewer, Storm Sewer & Street Grading for Improvemerit Pro�ect No. 117 PARTIAL Estirnate #7 for Sanitary Sewer Improvement Pro�ect No. 113 from June 9 through July 5, 1975 � 7,454 25 $ 3,639.90 5 1,882.94 MOTION by Councilwoman Kukowski to approve the estimates. Seconded 6y Councilman Breider. Councilman Breider asked that the Council be furnished with copies on the figures of the estimates for partial estimates from Comstock and Davis and the City Manager said this would be given to the Council in their agenda folders. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the mot�on carried unantr�iously, � RESOLUTION N0. 164-1975 - DECLARING THE NECESSITY FOR AN A�DITIONAL TAX LEVY IN ADDITION TO THE 10 MILL LIMITATION PROUIDED BY THE CITY CHARTER SPECIFYING THE PURPOSES TD BE MADE ROM REUENUE SH RING FUNDS: MOTION by Councilman Breider to adopt Resolution Mo. 164-1975 setting the publ�c hearing for September 15, 1975. Seconded by Councilman Fitzpatrick. lipon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION CONCERNING POTENTIAL COMMUNITY DEVELOPMENT FUNDING uRANTS �ROM HU'J. The City Manager said from information now available, it has been determinecl tiiat there is a possibility of obtaining community development grants from HUD. He said the Council had been furnished with a copy of possible areas where Fridley may be a61e to obtain funding. Mayor Nee ask?d if some of the pru�ects listed would not be feasible 6ecause this type of development should come out of general funds. �t� REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 1'% The City Manager explained that there are grants available from all different types of agencies. Councilman Breider said he thought the City should send out a feeler and find out the current mood of those making the grants, He said he thought Mr. Goardman, Ass�stant Planner should take the various proposals to the people at HUD and determine which would be more apt to obtain funding. The Public Works Director said this is what the Administration had planned to do. MOTION by Councilman Starwalt to concur w�th the recommendation of the Administration � in seekin9 community development funding from HUD. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Helen Treuenfels asked why North Park was not listed as one of the possible funding areas. The consensus of the City Council was to add North Park to the list. CONSIDERATION OF APPOINTING A BOARD OF REVIEW: Mayor Nee asked if the State Statutes would allow the City Council power to yearTy appoint the Board of Review. The Finance Director said he thought the Council could determine the length of the terms. Mayor Nee said a new Ciiy Counc�l could make their own determination. The City Manager explained that with the new Legislation, it would be possible for the Counc7l to appoint the Board of Revlew rather than the Council serving �n this capacity. He said this does take about two meetings a year for the Council and he wculd like the Council to be aware of the optton to appoint the Coard. Councilwoman Kukowskl askeG 7f the people appointed would be compensated. The C7cy Manager said according to the policy, there would be no direct compensation, the City would ,7ust reimburse for expenses. Mayor Nee said as he read the r�emo, it indicates that there has to be an appraisor , on t!,^ 3oard. The F�nance D�rector listed some of the pros �n this type of appointment. He said it would place people in this position that deal with this type of determ9nation every day. He said the people may have more faith in their ,7udgement than the judgement of a layman. Councilman Breider said over the ycUr•s sitting on the Board of Equalization, he had heard many stupid arguments to reduce evaluations. He said he did not think this type of argument was fair for the Board of Reviaw. He said he would like to see someone less partial and have the assessments equalized. He mentioned that this would 9et the review away from the political situation. Mayor Nee questioned what if the people on the Board wari. to give away the world. Councilman Breider sa�d the evaluation can only be changed 1% overall. Councilman Bre�der said the professions have been involved in the past in that the Council asks outside appraisors for the�r opinions. Councilman Starwalt said he wouldlike to speak against the appointment of a Board of Review. Councilman Starwait said he has been very impressed with the expertsfrom the City and the County and their handling of the process. He said he thought it had been to his advantage to learn this process antl obtain the information presented. The Finance Director said the Board would work �ust as it had in the past ahd the staff would be present i:o advise ihe Board. He satd ihis Board couTd consist of pari of the City Council. ' Mayor Nee indtcated there were pros and cons ir,�rolved in the appointment. He said he had lost a friend through the Tast Board of Equalization process. The C�ty Attorney asked if the Council thought zt would be difficult to get professional people to s�t on the Board. Mayor Nee sai d he would question whether the profession�ls would have a conflict of interest �f they are doing bus7ness 7n the City. 7he City Manager said he wanted the Couracil to be aware of theoption, they did not have to act on it. Councilman F�tzpatrick sa7d he had only attended one session of the Board of Review and he thought the experience was valuable. Councilwoman Kukowski mentioned that this is a part of why the Counicl was elected. She sa�d she thought this was a part of the Council member's responsibility.. REGULAR COUNCIL MEETING OF AUGUST 4, 1975 CONSIDERATION OF APPRO�lAL OF AGREEMENT BETWEEM BRYANT-FRANKLIN CORPORATI FRIDLEY fOR USE OF BUILDING AT 7900 MAIPI STREET N. E. NOTE: This was until later in the evening to allow for a representative to 6e present.) �1 PAGE 1 � N AND CITY OF continued Councilman Breider mentioned the applicants had requested to build a warehouse in the City and there was some problems w�th the provision to install proper landscaping � He also referred to the recent sale by Banks at this location for items from Omaha tornado. He said he ha� received calls all day concerning the absence of any parking procedures in the area. � �J Councilman Breider said in view of the past nroblems, he would like to talk to the people from Bryant Franklin and get a firm commitment from them. Counctlman Breider said their lasi request would have caused a need for the installation of a 20 acre parking lot. He said now they are proposing the same use, but say that the progress will be made a little at a time. He said he wouldlike absolute assurance that this is not going to be a fly by night operation. The Public Works Director said the Bryant Franklin people were �nstructed to be at the meeting. He said if the Council would like to continue the cons�deration, he would notify the applicants that they must be present. Mayor Nee asked if there is different crtteria for �arehousing and a retail operation as far as building codes. The Public Works Director said the fire provisions must be met. He explained that this will be installation of the proper amount of exists, etc. He mentioned this construction would be inspected by the Fire Officials. Councilman Breider said he could not see how the parking situation could be coped with. He mentioned that if there is to be 100 booths for sales, there would have to be more park7ng than for the normal retail operation. The City Manager sa�d this ls why this agreement was sought and the matter brought to the Council. The City Attorney said the Code does not say whether this use is specifi cal]y permitted or prohiLited. He mentioned retail sales can be conducted in industrially zoned areas if this is inc�dental to the business. The City Attorney mentioned that the City has authorized such sales in industrial zoned areas with retall operations. He mentioried ''�!#ckes and Plywood Minnesota as examples of th�s. He said the Council had apparently concluded that these retails are incidential to the business. Councilman Breider asked if a Flea Market would apply also. The City Attorney said as much or more as Wickes or Plywood Minnesota because their operation would only be two days. Councilman Breider said he thought there would be a problem diverting all of this traffic into the area. He said he could see seas of blacktop in this area. Council- man Bre�der said the City has worked to have thts a m ce area and the people are trying very hard to do a good jou. He said with an operation like this, it will destroy the whole concept of the operations there. The Public Works Director said the parking requirements being used in the aqreement are in excess of the normal retail operation. He said in a normal sttuat�on, they would require from 300 to 400 stalls and they had required 500 from this location for this use. Councilman Breider asked how many stalls Holiday has. The City Manager satd approzimately 1,3D0. Councilman Breider said there would be one half that mar,y cars at the warehouse. Mayor PJee comnented that the Noliday lot is never full. The City Attorney said maybe someday there may be this many stalls, but he questioned if they would see that many cars at the warehouse. Mayor Nee asked if the Council had the power to deny the request. The Public Works Director said this was their point in trying to get the agrement drawn uF He said this agreement would be to the City's advantage, The C�ty Attorney suggested issutng a license or permit of operation for the period of six months. He said if the parking is not adequate, the C�ty could require them to add stalls. Mayor Nee said the City had not had too much luck with this kind of permit in the past. The City Attorney said the question at hand would be if the Council has the power to deny the request. Councilman 6reider said he suggested that the people from Bryant-Franklin come in and talk to the Council before opzning up. /q� r� Y iJ REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 16 The City Manager said their ;�on-attendance at the meeting might mean that they believe they can go ahead. The Public Works Girector said he would tell them that the agree- ment would be brought back for Council consideration and instruct the representatives to be present. MOTION by Councilman Breider to table the consideration of the agreement with Bryant- Franklin Corporation and the City of Fridley until they are present at the meeting. Seconded by Councilman Starwalt. �pern a voice vote, all voting aye, Mayor Nee � declared the motion carr:ed unanimously. RECESS• Mayor Nee called a recess at 10:01 P.M. RECONVENED: Mayor Nee reconvened the meeting at 10•17 P.M. CONSIDERATION OF A REQUEST BY DARREL FARR CORPORATION FOR CITY ACCEPTANCE OF PRIVATE STREETS• Mr. Wayne German, 1506 Bohnhof �unction, addressed the Council and said he is a former employee of Darrel Farr and a resident of North Innsbruck. He ?xplained that it would be impossible to develop the land in quest�on without the FHA financing and this can only be obtained if there is public access into the area. He said the people from Darrel Farr said they would do everything possible to hring the roads up to standard. He said it would be next to �rpnssible to bring the roads up to the size requirement in width. He said if the City or the Home Owners Association disagree with this proposal, there w�ll be no access to the area. Councilman Starwalt said he had talked to people in the Home Owners Association and obtained a cross sampling of opinions and he believed it would be possible to provide the public access. , Mr. J. Michael Ertel, 1514 Bohnhof Junction, addressed the Council and s�id heiis the President of the Innsbruck North Home Owners Association. He said the Assor,iation would have to grant the dedication of the private roads or they would create a l�:nd locked area of the area proposed for development at this time. He said this matter had come up at the last meetina of the Board of the North Innsbruck Home Owners Association and the Board members had passed a resolution and agreed to some easements over the private property for the installation of the fourth addition. He said the Board had not had a chance to discuss this possibil;ty with the general membership of the AssocTation. Ne said the majority of the homeowners do not ki7ow that this sitiiation exists. Mr. Ertel said the resolution obtained a unanimous vote of the Board. Mr. Ertel said he thought he could speak for the residents in the area in that they would like to see the area developed tn a proper plan. He said if Darrel Farr can develop the are� they could use theprivate roads. He said the Board expressed the view that they are not interested in land locking for any reason. Councilman Starwalt said he .hought that this process should start Mrith a public hearing Mayor Nee said he thought this w�s a good idea. Councilman Breider asked what part they were talking a6out. , The Public Works Director said the Fire Department members had said they had trouble getting the�r engine vehicie in East Bavarian Pass, He added, West Bavarian Pass ' has some garages, but is not as much trouble to gain access. The Public Works Director further explained that originally the fourth and fifth stages of the development called for a different type of plan. He said two to three weeks ago the staff and representatives of Darrel Farr had suggested a different type of arrange- ment. He explained this proposal to be less dense with t�ro or one unit per lot. He said these would be townhouses. Councilman Breider asked the Public Works Director what the administration's recommendation would be to get the streets pub7ic. The Public Works Dtrector said the staff would like the streets to remain private. He said if the City had to take over one street he would suggest West Bavar�an Pass. Ne said the City would perform the maintenance such as rough snow plowing which would be one pass in and one pass out. He said the people of the area or a�sociation would have to take care of the driveway plowing. He said the road would r�eed additional overlay and there would have to 6e no parking lanes installed to be sur� the equipment can get through. Counctlman Breider asked I�o!^' wide the street is in the area of the garages. The Public Works Director said this was from 28 to 30 feet and explained that the paved area includes the driveways. r F� �� REGULAR COUNCIL MEFTING OF AUGUST 4, 1975 PAGE ?� Mayor Nee asked if the plan is being proposed by Farr and the Public Works Director said yes. The City Attorney asked if it would be possible to obtain access through the New Brighton area to the east. Mr. German explained that this property had 6een forec?osed on and the ownership is through a Wiscons�n bank He said they had investiyated this � possibility with New Brighton and had been advised it woiald be 18 months to 2 years before the utilities and improvements could be installed �n this area. He questioned the feasi6ility of this suggestion. Mr. German sa�'d Mr. Farr had received a corrmunication which menCi�r��d that FHA would require two roads, one into the area and one out of the area. The Public Works Director said he was not aware of the need for the two roads Mr. Ertel advised the Council of the current status of the maintenance of the area and said he could not agree on any conditions without the vote of the residents of the area. He said he thought the people would go along with this provision Councilman Starwalt mentioned that if this area is not developed the current home owners of the area would be paying additional expenses for the operation of the recreational building Mr. Ertel said there can be some give and take and all of the matters could be taken care of. He said the Association will consider the access if they are not put over a barrel. Mayor Nee asked if ti. i� on an economical basis that the Associat7on predicated this development. Mr. Ertel said the Association first throught that there were to have been 280 units and now the plan calls for 160 He said the only place this may cause a problem in in the recreational building. The City Manager asked if the City should be deviating from �ts existing policy regard- � less of the plan. He said the development of this area called for all private roads He explained if the Council decides the area must be developed and they have some public roads, there are some areas the City should be concerned with. He mentioned that the number of units had been recently reduced from 200 to 160 and they approved of this plan 6ecG.�ase of the reduction tn density. He said after this, the Farr people came back and sair there had to be one access and now they are requiring two accesses. He again questioned if the Council would really want to deviate from the policy or would they want to continue to have the private roads maintained by the Association. He mentioned if this is done in the Innsbruck area, they may receive pressure from other areas to do the same. Mr. German said FHA had given preliminary plat approval with the stipulation that two accesses be provided. The City Attorney asked if FHA would allow the sale of the dwellings with the stipulation that the people have to contribute to the Association and the recreational building. Mr. German said FHA will perm�t this. Mr. Nick Garaffa said Mr. Farr would have the proxy vote on many parcels of property �n the area in the Association because they are not sold. Mayor Nee asked Mr. Ertel if the titles of the residents of the area are involved in the present litigation. Mr. Ertel said the titles are clouded by this, He said it is his understanding that all of the�lots in the area have le�ns against them but the amount would vary. Mayor Nee asked if this current proposal would tend to � salvage Farr. Mr. Ertel said the procedure would be smoother if the proposal were executed. _ Mr. Lee Anderson, Darrel Farr Corporation, addressed the Council and indicated that the language in the letter recently received from FHA is nebulous. He said they had requested "adequate and safe access..". He said this is what the conceptual approvalof the plat was based on . He said he had talked to Darrel Farr that afternoon and Mr. Farr agreed to bring the streets up to standard and he is willing to pay for this. He said he would also agree to put in some curving of some type to slow down the cars driving into the street. Mayor Nee said he was more concerned about the base of the roadway than the surface. Mayor Nee asked Mr. Anderson if he was aware that two access routes would be requested last week, Mr Anderson said the letter did not come to the office until Saturday. The City Manager questioned the possible entrance into New Brighton. Mr. Anderson said this would be at a cost of about $50,000. Mayor Nee suggested that they think of another way of gett�ng out of the area besides Me�ster Road. He sa�d this is a substanttal difference in grade. 44 REGULAR COUNCIL PIEETING OF AUGUST 4, 1975 PAGE 1� Mayor Nee s�i� he would like to work this proposal out and preferrably on West Danube Road. The City Attorney asked w`y the development can't obtain financing from First Federal when they presently hold the mortgage on the property. He questioned what they would do with property if they received ownership by f�re- closure. Mr. Anderson sa�d Darrel Farr had tried this and there was no money available. Councilman Breider again suggested that the City staff, people from Darrel Farr and representatives from FHA get together and figure out this problem. He sa�d he could not decide whatthey could tell the people from the home owners Association without more information Mayor Nee asked if this item could be 6rought back at the coming meettng. The City Manager sair� he wou7d try. Mayor Nee said he would like a progress report at the nugust 11, 1975 meeting. CONSIDERATION OF APPROVAL OF earlier in the evening CORNOR4TION AND CITY e: Th�is item was � fOTION 6y Councilman Breider to take the cons�c�eration of the agreement between Bryant-Franklin Corporat�on and the City of Fridley from table. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. Councilman Breider said he would like Mr. Brama to tell him a little bit about their operation especially since the sale from the Omaha Tornado by Banks. Hementioned that he had rece�ved calls, one after another for two days concerning the lack of organization to the parking situation. Councilman Breider said �it wou�� not ha�:e taken too much effort on the owners part to take care of appropriate parking and direction of it. He said he was concerned that th�s kind of operation would cause the same situation. He said this would have been better with a little traffic control or even direct�onal � signs. Mr. �ick Brama, Bryant-Franklin Corporation, addressed the Counc7l and said the cars were to t��ve used the office parking space of the buildings on 79th and Main. He explained that there were i,000 cars in the area before 3•00 waiting for the sale to open. He said with a steady sale, there would not be this much traffic. Mr. Brama explained that one of the lots to be used for parking was empty while people parked on the streets He said he had talked to Mr. 6anks concerning this situation, but this was after the traffic has reduced some. He said being this sale was on weekdays, the people did take ,�arking tnat would have been used by the other residents of the area. Mr. 6rama po�nted out the current request to be for Saturday and Sunday and said this problem woultl not ex�st. Mr. Brama said he did not believe they would be coming back to the Council request�ng additional parking in the future. Counc�lman Breider sa�d he did not believe the agreement would be executedunless the parking is taken care of. Councilman Breider said if they are going to expand, this would have to be done on an orderly fashinrr. Mr. Brama said the�r request is limited at the present time. He thanked the Counlc7 for their cons�deration at the previous request for a s milar opera�ion and conceptual approval. He explained that in that instance the plans did not �aterialize and this may also be the case in th�s consideration He explained that two companies are considering us>>,� the '�uilding and h,mentione� �lay Brothers and a large electromc firm, He said if the first phase ic instituted, the operation may not get any f�rther than phase I. � Mayor Nee asked if there is currently an_r occupancy at all and Mr. Brama said no, He said not in either building. Councilman StarwaTt asked how this would compare w�th the Flea Market operation in ^,pache. Mr. Brama explained the only resemblence would be in the booths. He said they are construction people and would use the highest quality materials and have wider isles. Mayor Nee asked if there would be any warehousing in this facility. Mr. Erama said the people who sell un the weekends would leave the7r wares in place during the week. The City Manager said in the agreement they would provide off street parking to accomodate the�r people and there would be no on street parking. He said if additional parking is needed, this wauld be increased 6y the property nwners. He said direct�onal L.J W.. J � REGULAR CDUNCIL MEETING OF AUGUST 4, 1975 PAGE 1'; �t �, signals would be installed and if needed, persons used to direct the traffic He said there will not be more than 100 booths unless the applicants come back for City Counc�l approval. He said it isalso stipulated that this will only be a weekend operation with no sales on week days. The City Manager also stated that the applicant will obcain a building permit from the City to insure the installation of the proper fire requirements. He also mentioned that the proper landscaping and general appearance of the building will be taken care of. MOTION by Councilman Breider to execute the agreement between the City of Fridley and Bryant-Franklin Corporation. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMCNT: MOTION by Councilman Breider to adjourn the meeting. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously and the Regular P",�eting of the Fridley City Council of August 4, 1975 ad�ourned at 1:01 A.M. ��z��.�-� Pat Ranstrom Secretary to the City Council Date Adopted. �' �-�S Wtlliam J. Nee Mayor