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09/08/1975 - 00015082`I7 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 3, 1975 The Regular Meeting of the Fridley City Council of September 8, 1975 was called to order at 7:40 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present and invited them to ,7oin the Council in saying the Pledqe �of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT Councilwom�n Kukowski, Councilman areider, Councilman Starwalt, Councilman Fitzpatrick, and Mayor Nee MEMBERS ABSENT: None. APPROVAL OF MINUTES: REGULAR MEETING, JULY 21, 1975 MOTION by Councilman Starwalt to adopt the minutes of the Regular Meeting of the Fridley City Council of �uly 21, 1975 as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the rnotion carried unanimously. REGULAR MEETING, AUGUST 4. 1975 MOTION by Councilman Fitzpatrick to adopt the minutes of the Regular Meeting of the Fridley City Council of August 4, 1975 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING NEETING OF AUGUST 11, 1975 �MOTION by Councilwoman Kukowski to adopt the minutes of the Public Hearing m�eting of che Fridle;; C,ty Council of August 11, 1975 as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously REGULAR MEETING OF AUGUST 18. 1975 MOTION by Councilman Fitzpatrick to adopt the minutes of the Regular meeting of the Fridley City Council of August 18, 1975. Seconded by Counc�lw�man Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ADOPTION OF AGENDA: Mayor Nee said he wo�ld like to add a communication received from the Fridley League of Woman Voters regarding a request for aid to send a delegate to the Water's Edge Forum. MOTION 6y Counctlman Breider to adopt the agenda with the addttion of the item listed by Mayor Nee. Seconded by Councilman Starwalt. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: MRS. MARGARET DODSON, 189 N. E. LOGAN PARKWAY. Mrs. Margaret Dodson addressed the Council and presented a petition asking the Fridley �City Council to take necessary action to have the bar�:of Oak Glen Creek repaired and said the petition had been signed by almost all of the property o�.Uners alon; the Creek. She said the people of the area believe the area has been destroyed by the flood water coming from the commercial park and h1elody Manor by means of the storm sewer through the area. She indicated that many trees have been destroyed and much w�ld life and w�ld flowers had been washed away. Mrs. �odson said she has written to the City Manager and called City hlall and so have her neighbors and they have not received much satisfaction other than people from the City coming to view the damages. Mrs. Dodson said she felt that the people in the other areas are receiving the advanLage by running their water in the Creek and they should pay for the improvement of the Creek. She continued to state that the people who live on the Creek had paid dearly. Mrs. Dodson continued to comment that if any members I of the City Council or staff would like to visit the area they would be welcome. She said she would like the Council to be aware of the destruction and erosion of the very beautiful area. Mr. James Beal, 150 Talmadge Way N. E, said he is a property owner on the Creek and said 7R REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 2 Mrs.D��dson had suggested that there �s some financial responsibility on the part of +h� contributors of the water and he said there is also some respons�bi�ity on the part of the City of Fridley. He mentioned that the property owners of the area were unaware of the drainage from the Comnercial Park and the Melody Manor area and that this was to drain through this Creek. He said he believed these systems were completed in 1965 or 1966 and he did not believe there were public hearings held at that time. Mr. Beal said he bel�eved that this project was done arbitrarily and without the environmenta] impact of the area being cons�dered. He said he believed that the City of Fridley was partly , responsible. Mrs. Dodson asked theCity Counc�l to suggest something that could be done at this t�me to correct the problems. Mayor Nee indicated he did not know what could be done. Mr. C M. Kam, 120 Talmadge Way, said he had lost many feet of his property along with many trees. He commented that in 1958 he had thought of putting in some improvements on h�s property in form of a walkway to the creek and a veranda over looking the area and was told that this would not keep the area in �ts natura] state He said he thought the City of Fridley had come along and destroyed the natural beauty of the area. Mr. Kam said he could not remember the person he had talked to at that time, but he was told that he could not improve the property in this manner. He added, along came the City of Fridley and washed away his property. He mentioned that his property had been washed away more than anyone's in the area had. He said if this current destruction is continued he stands to loose about another 40 feet of property. Mayor Nee said he agreed and thought it is an outrage what has been done in the area. Mr. Kam asked where the responsibility lies. Mayor Nee said he thought it is theCity Counci7's responsi6ility. MOTION by Councilman Starwalt to receive the petition. Seconded by Councilwoman Kukowski� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee again commented t�t he did not know what the City could do. He mentioned there has been some restorative work done on the Creek to the north and asked �f the people of the area had looked at this area and asked if this would be an accF�pta6le remedy. Mrs. Eileen Irwin, 235 Logan Parkway, said she had not seen this work but had heard that this was done by means of ra�lroad ties and she questioned if this would be suitable. Mrs. Irw7n explained that cement blocks and large rocks had been moved by the force of the water coming through. Mrs. Irwin said she could not see where ratlroad ties would last more than one season. She continued to explain that the area people had been told by the Engineering Department that they could have all the railroad t7es that they would like if they would want to shore up the land themselves. She felt the only solut�on would be to stop the storm sewer water from coming through the area. Mr. Kam asked if the property owners of the area would be advised if any action is considered. Mayor Nee said the information would be forwarded to the Administration and they will determine what will be possi6le and thepeople of the area will be advised. Mayor Nee asked if there were any other people present to c��m��>ent during the vtsitors section and thrare was no response. ' PUBLIC HEARINGS. NOISE ABATEMENT PROJECT PRQPOSAL BY MINNESOTA HIGHWAY DEPARTMENT FOR SOUTN SIDE OF ?,694 BETWEEN 7TH STREET AND MADISON AND BETWEEN FILIMORE STREET AND EP,ST CORPORATE LIMI75: The Public Works Darector called on P1r. Gary Orl�ch, Minnesot�� Highway Department to make the presentation to the Council and audience. Mr. Orlich presented a sl�de show to the Council expla�ning the noise leve7s in conjunctton w�th Interstate systems and possible solution to the problems. Mr. Orlich explarned that the last Leg�slative 5ession to action to a71ow the Highway Department to use 1%of the budget for noise abatement barriers. He indicated to determine the priority areas, the H�ghway Department staff went along the Interstate systems and determined the noise levels. He said there were seven areas where the REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 3 n ^h r , dBa's were 80 or more and this is currently the first meeting that had been cons_�;�ceed with a municipality. Mr. Drlich explained that the people from the Highway Department had presented the slide presentation to the Council at a previous meeting. He said if the people of the area and the City Council concur in the proposal, the Highway Department could construct the barriers the next construction season. Mr. Orlich further commented that in order to get the pro,7ect underway, they will have to thoroughly study the area and draw preliminary plans. He said this would be the first of two public meetings. The �first meeting is for the purpose of informing the area people of the proposal and the next would be to explain what can be done with the existing right of way limits Mr. Orlich said w�'at the Highway Department would like is that if the people favor the con- struction of the barriers, they should let their City Councilmen know this and they would prepare a resolution of approval at the next meeting of the Council. He also mentioned at the final hearing, the Highway Department would �r�esent final plans to the City Council for approval of the construction of the walls and landscaping. He again mentioned that if this is completed at the present time, they would be able to begin construction of the walls and landscapina. He again mentioned that if this is completed at the present time, they would be able to begin construction the next season. Mr. Orlich explained the two areas in the City which would be involved in the construction of the barr�ers. A resident of the area asked if the area west of Highway #47 would be included and Mr. Orlich said this area was not as high in noise levels and is not top priority at this time. He said this area is farther from the Freeway. Another resident asked if there would be barriers constructed north of the Drive Inn Theatre. Mr. Orlich explained that the property in question for the construction of the barriers is residential property abutting the Interstate system and this area is commercial abutting the system. He comnented that the barriers would be most effective for the first row of homes off of the Freeway and this effectivness would diminish with each succeding row. He also mentioned that in some cases the commercial property owners feel that the barrier would shield them from possible view and cut their business. �Councilman Star�,�alt asked P1r. Orlich to explain_ the provision concerning the cut off date for this typeof barrier in con,7unction to the construction date of the residential developments. Mr. Orlich said the areas being considered were to have been in existence before January 1, 1973 or the Federal funding of 90% would not be provided. He said this is the reason that a barrier cannot be constructed on the north side of I#694 east of Matterhorn Drive at this time. Mr. Orlich explained the noise levels which are 6eing considered for construction at this time and sa�d this would exceed 80 dBa. He explained the priority groups as folloaaso 1) those areas with 80 dBa's, 2) areas with from 75 to 80 dBa's and 3) areas with less than 75 dBa's. Councilman Starwalt asked if the people of the area do not want the barrier constructed at this time, how long will it be beFore they are able to reconstder the construction. Mr. Orlich said this amount of time or policy had not been considered at the present time. He said the construction would not be forced on the people. He also mentioned that the trunk highways were not being looked at at the present time, only the Interstate Freeways. A resident of the area asked how the Htghway Department would determine whether or not the people of the area want the construction of the barrier. Mr. Orlich answered that they would like to involve the City Council in this process and have them provide a resolution indicati�g they would or would not want the construction of the barrier. He said the area residents should get in contact with their local Councilman. �Mayor Nee indicated that after the people get a chance to review the pta;�s for the area propo�ed for improvement he would like to hear their comments concerning the proposals. Playor Nee said the Ward Councilman and himself and other members of the Council would be visiting the area residents the coming weekend to determine their feelings conernrng the pro�ect. He said if there is no strong opposition to the proposal, the City Counc�l will adopt a resolution supporting the proposal at the upcoming meeting. Attt��s time the meeting recessed to allow the area residents present to break into two groups to view the plans and talk with the Highway �epartment re�resentatives. Mayor Nee called the meeting back to order at 9•21 P.M. Mayor Nee asked if anyone had any comments to make about the proposal and the audience applauded the proposal. A resident of the area ask-edif any property would be acquired for right of way for this proposal. Mr. Orlich explained that they would-rot acquire any property and would place the barriers on currently acquired right of way. He further explained that this acauisition 2i11 REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE � process could take up to two years and this would put the project out of reach in the near future. Mayor Nee said at the coming �ouncil meeting the Council would consider�a resolution to approve the proposal. He satd if the people of the area have any questions or problems between now and then they should either contact one of the men from the Highway �epartment or the City Engineering Department. He said the City Council is generally in favor of the project and if there is no strong opposition, it would probably be approved. � Mr. Orlich explained that it may be possible that the landscaping would �ot be completed until the following year. He said that if berming was used, this would have to settle before planting of the area is done and this may possibly be held until the following year. He mentioned that the pro�ect would be upgraded considerably by the landscapin9 and the people should not review the areas without landscaping to receive the total effect of the barriers. A resident of the area asked how the Highway Department would determine the type of material that the barrier would be constructed of. Mr. Orlich said this would 6e either wood or concrete. He said this would have to be the people's choice and they would want all of the barriers constructed from the same substance. Several individuals impressions were voiced concerning the type of material for the barriers. Mr. Orlich corrsnented that he was not aware that elther of the substances was superior �n the noise abatement or durability standpoints. ORDINANCE N0. 593 - FOR VACATION REQUCST BY M. MCFARLAND, SA`JJ #75-06, ALLEY, 98 64TH AVENUE N. E.: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Corrm�ssion and waive the second reading of the orrlinance, adopt the ordinance on second reading and order publication. Seconded by Councilman Breider. Upon avoice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSI�ERATI�N O�P�BLICLY OWNE� STREETS WITHIN THE TOWN HOUSE DEVELOPMENT PROPOSED BY � DARREL FARR CORPORATION IN INNSBRUCK NQRTH: The Public Works Director commented that he ha� received a call from the petitioner and deveioper and they would like to have the item tabled until after the meeting with the Townhouse Association. He explained that there is not a firm commitment by the Townhouse Association and this should 6e possible to obtain by the next regular meeting of the Council. Councilman Breider asked if the proposal was for allowing the public access to the area but not providing complete maintenance by the City. Counciman Breider asked if the case such as the recent blizzard that it may be pos�ible that the only access from one point to another would be to plow from one point to another, Councilman Breider asked if there would be some problems �n plowinq the area of the garages. The Public Works Director said this would have to be taken care of between the developer and the Townhouse kssociation Councilman Starwalt said he believed that to hold the item over until another meeting would be appropriate. Councilman Breider asked if the utilities had beFn installed back to the proposed plat. The Public Works �irector said they would have to be installed unc�er this proposal. Mayor Nee asked if the utilities would be private or public. The Public Works Director said the utilities would be private. He said the current system and the proposal would be suff�cient to handle this phase of the development. Councilman Breider asked if the private lines would hook into the City systems and the Public Works Director said yes. Councilman Breider asked if there would be private maintenance on the utilities also ' and the Public Works Director said yes. Mayor Nee questioned if this had been accepted by FHA. The Public Wor4s Director said the only problem that had arisen is the access or publ7c roadway. Mr. Jim Luhaszewski, 1536 Overlin Circle, addressed the Council and indicated that he had assumed that the only responsibility for the aera would have been the streets and if this was no longer necessary, there would be no need for the Association. Mr. Luhaszewski said the members of the Townhouse Association feel that the proposed phase should be developed and said they would meet with the developer. He also indicated that they are not far from reaching agreement and felt this could be done within two weeks time. MOTION by Councilman Starwalt to table the consideration of the publicly owned streets within the Townhouse Development proposed by Darrel Farr Corporation in Inns6ruck North until two weeks fromthe current meeting or until some agreement is reached between the Association and the Developer. Seconded by Councilman Breider. Upon a voice vote, aii 1 � � REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 voting aye, Mayor Nee declared the motion carried unanimously. RECEIUING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1975. CONSIDERATION DF HUMAN RESOURCES COMMISSION MINUTES OF AUGUST 7, 1975: MINNESOTA TENANTS UNION: PAGE 5 U1 Mayor Nee called for a motion on the consideration and there was no response by the Council and Maycr Nee called the consideration dead for lack of a motion. CONSIDERATION OF APPEALS COMMISSION MINUTES OF AUGUST 12, 1975: A VARIANCE TO REDUCE THE SI�E YARD REQUIREMENT FROM FIVE The Public Works Director pointed out that the Appeals Commission had recommended approval of the request. He explained the request to reduce the side yard setback from five feet to three feet to allow the construction of a single car garage. He pointed out the nroposed construction on Pa9e 4-L of the agenda book. He further explatned that the petittoner had also requested vacation of the easement and the public hearing on this item was upcoming the follow�ng week The City Manager questioned if it would be proper to take act�on on the request that evening when the vacation request had not been to hearing. The Publlc Works �irector said he thought tt would be tn order to approve the variance request, 6ut the vacation would still be pending. The City Manager sa�d if the matter is tabled unti1 the public hearing, the Council would 6e allowed to determ�ne the approval or disapproval of the area property owners. Councilman Breider asked if any membcr of the Council had any ob,7ections to the current variance request and all of the members indicated there was no ob,7ection. N�OT:ON by Counc�lwoman Kukowski to table the matter of the variance request by Mr. Robert and Mrs. Barbara Hinrichs. Seconded by Councilman Starwalt. Upon a voice vote, all votinp aye, Mayor Nee declared the r�otion carried unanimously FOR A VARIANCE TO REDUCE THE FRONT YARD TO The Public Works Director explained the requests as listed in the head�ng. He said the architect, Mr. Jacobson, was present to answerany of the Council's questions. The Public Works Director explained that the property to the east did not have adequate parking and said the current proposal would require 24 parking stalls. He said there is a recommended stipulation that they prov�de 46 stalls for the mutual use of the office and the apurtment co��iplex. He mentioned that the property was not split at the time that the apartment was developed. He also explained that the lot split hacl been registered by the County but not approved by the City Counc�l Mayor Nee recalled a request for a lot split on the property about two years ago that had been refused by the Council. He said this approval was not given because of the need for additional parking for the apartment complex. The City Manager asked if the proposal met the provisions of the Code. The Public Works Director said the construction met the requirements of the Code until the additional parking was suggested. Mayor Nee questioned the conditions of the lot split. He asked if it is or is it not split The City Attorney said he could not tell until he could look at the County records to determine when the lot split took place and the ownership of the property changed. �i ���� REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 6 Mayor Nee asked how short the apartment complex was in parking stalls. The Public Works Director said 43. He explained at the time the apartment was built the Code requirement for parking was 73 and at this time the requirement is 116. He said this is a difference of 43. He said if the Council approved the request with the stipulation of the additional parking, the office parkin9 would back up the apart- ments with the 46 stalls The City Manager said the office would be closed when most of the people in the apartment would like the additional �arking, He said , the 6usinesses would only be open until 5:D0 P.M.. He said with the joint parking lot, he felt this to be a goor� solution to a bad problem. Councilman Breider questioned what would be the case if the people from the apart- ment complex would want to park in the office complex during the day hours. The Public Works Director sa�d the requirement of the office huilding would only be 24 stalls and this will ieave many for the apartment parkT��g. Councilman Breider made mentior of a situation in the Commerce Park office buildin9 where there is an unemployment offi ce and people park tn the field and also in the street. He said the amount of space needed cannot be determined because it is an office. Councilman Breider asked how this type of situation could be controlled. The C�ty Manager said the stipulation for the cooperative parking would be filed on the records of the property and would be binding no matter who owns the property. He said they would have to live with the agreement stipulations. The Public Works Director said a real estate firm and an engineering firm had been r,onsidering locating in the building. The City Manager said Councilman Breider's point is well taken and he questioned �f it would be possible to limit the use of the facility to a lesser traffic generator. The City Attorney advised the Council that he did not know how this could be ' done. Council;��n Bre�der commented that he could see a constant hassle about who is parking in the lot. Mayor Nee asked if the �ouncil could not split the lot and require the apartment to install more parking �n the araa. The City Attorney said he did not know the City could require this, Mayor Nee said the apartment cvr�ner had enough land to pPovide good parking and he cut off a piece and sold it. Councilman Fitzpatrick asked what assurance the City would have that some future owne�° could end the agreement. The City Attorney said the covenant could be written that any succeeding owner would be liable for these conditions. He said this would be on file with the regtster of deeds. Councilman Breider asked how the parking venture would be enforced. He questioned what would happen if the off�ce build�ng put up signs to allow parking for the office build�ng and its patrons only and indicated that all others would 6e towed away and the cars were towed away. He asked what the City would have the power to do in this instance. The City Attorney said he was not sure how the agreement or covenant should read but it would be between the two property owners and the succeeding owners, He said the agreement coulc� say that a portion of the parking stalls would be mutually used,� or more specifically what portion in number could 6e ��sed. Councilman Bre�der said the people visiting the business would park inthe apartment lot and visa irersa. He said the first person there would get the parking spot and everyone else would be out of luck. The City Manager sa�d this could be done like a shoppin9 center where all of the merchants and their employees share the lot. Mayor Nee said this conditioy� would be controlled by one person, the owner of the office building. The City Manager said this proposal was a reasonable solution to the problem. He said it is not the best solution but it is a solution. �� REGULAR COUNCIL MEETING OF SEPTBMBER 8, 1975 PAGE 7 Councilman Starwalt questioned why anyone would want to buy the land and furnish the parkinq for another propertv owner. Councilman Starwalt asked the Architect if he was aware of any problems in this provision. Mr. Jacobson said he was not aware of any problems. Councilman Starwalt asked if there was a problem with the owners sharing the parking. Mr Jacobson said he had talked to them at length and they are willing to have an attorney draw up the � agreement. Mayor Nee said as long as there is going to be a building on this property, this proposal is better than what had been proposed in the past. He said there is a question of whether the applicant should be forced to put in the parking spaces needed by the apartment and not by his building alone Mayor Nee said his problem with the proposal is that the properiy was split and sold and they did not come to the City to do it. The City Attorney said if the Council wanted to table the considerat�on, he could check �he records at the County and determine what had been recorded as far as owners of the property and the lot split. He said if the lot split is valid this would allow the Council to make a decision. He also mentioned the possibility of unrecorded interests. Mayor Nee questioned if the City should obtain the concurrance of the two property owners in regard to the parking agreement before making a final decision on the request. The City Attorney said the agreements would 6e between the two property owners but he felt the City should take a look at the agreements before issuing the building permit. � Mayor Nee instructed the applicant to see if the agreement could be worked out and Mr. Jacobson agreed to this. MOTI�N by Councilman Starwalt to table the consideration of the request for a variance as requested by Bergstedt Anderson Realty for 1040 52nd Avenue N. E until the next meeting of the Council. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST FOR A SPECIAL USE PERMIT, 5P #75-08, BY NAEGELE OUTDOOR ADVERTISING COMPANY: TO ALLOW THE CONTINUATION OF AN EXISTING BILLBOARD ON LOT 7. BLOCK I. RIVERVIEW FOR A SPECIAL USE PERMIT, SP #75-09, BY NAEGELE OUTDOOR ADVERTISING COMPANY: FOR A SPECIAL USE PERMIT. 5P #75-10. BY NAEGLELE OUTDOOR ADVERTISING 214.042, THE SAME BEING 6029 UNIVERSITY REQUEST FOR A SPECIAL USE PERMIT, SP #75-11, BY NAEGELE OUTDOOR ADVERTISING COMPANY: TO ALLOW THE CONIIN�ATIO�! OF AN EXISTING BILLBOAR� ON LOT 2, AUDITOR'S SUBDIVISION � N0. 78, PER FRIDLEY CITY CODE, SECTION 214.042, THE SAME BEING 51 INTERSTATE 694 REQUEST FOR A SPECIAL USE PERMIT, SP #75-12, BY NAEGELE OUTDOOR ADVERTISING COMPANY: TO ALLOW THE CONTINUATION OF AN EXISTING BILLBOARD ON LOT 2, AUDITOR'S SUB�IVISION N0. 78, PER FRIQLEY CITY CO�E, SECTION 214.042, THE SAME BEING 93 INTERSTATE 694 The Public Works Director informed the Council that the petitioner had asked that the Council table all of the special use permits until the remainder of the requests are considered by the City Council. Mayor Nee asked if the Council members felt the requests should be handled with a public hearing at the Council level. The City Attorney said he felt this would be appropriate unless they would want to rely onthe information provided at the Planning Commission public hearings. Mayor Nee asked if there was notice given to the property ou�ners concerning the requests and the Puhlic Works Cirector said yes the peop1e with�n 200 feet of the billboards had 6een notified. t' � REGULAR COUNCIL MEETING OF SEPTEM6ER 8, 1975 PAGE 8 Councilman Fitzpatrick said he thought the Council should note that the recommendations of the Planning Commission on these considerations are not unanimous as they usually are; the vote had been split. Mayor Nee sa�d he would like to advise the people and provide publicity of the public hearings. The Publ�c Works �irector asked if the consideration should return to the Council to � set the public hearing and Mayor Nee said yes. MOTION by Councilwoman Kukowski to table the consideration of the sperial use permits for the previously listed ?ocations. Seconaed hy Councilman Starwalt. L'pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE CATV C(IMMISSION SPECIAL h�EETING MINUTES OF I�,UGUST 13, 1975: MOTION by Councilman Starwalt to receive the minutes of the CATV Commission Special Meeting of August 13, 1975. Seconded by Councilwornan Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SCRIPT - LIQUOR CLASS ACTION SETTLEMENT - W The Finance Director explained that the City will receive 75% of the face value and interest for this period of time and save some bookkeeping expenses if the proposed action is approved. He pointed out the amount to be relatively small with value of $448 versus the face value of $598. Mayor Nee said he believed the proposal to be prudent and thoughtful. Councilman Breider said the act�on makes sense. MOTION by Councilman Breider to autfior�ze the exchange of cash for script as recommended � by the Finance �irector. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 176-1975 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AN� ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST 1976-1• The Public Works Director said this resolution related to the proposed streets for improvement the coming year and pointed out the list of those streets to be on Pa9e 7 of the agenda book. Mayor Nee asked if the streets h?,d been petitioned for and the Public Works Director said no they were part of the ten year improvement program. Counci7woman Kukowsk� asked which year the City was currently in w�thin the ten year program and the Public Works Director said this would be the seventh. The City Manager sa�d 85% of the streets in the City have been improved and are up to standard. Counci7man Bre�der questioned if 57th had been brought through this process in the past. The Public Works Director said it had been but the maintenance costs on this street are qu�te h�gh. Councilman Breider said the people can be brought in and it can be determined if the in�rrovement would be any more favorable at this time. MOTION by Councilwoman Kukowski to adopt Resolution No. 176-1975. Seconded by Council- man Starwalt. Upon a vo�ce vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 177-1975 - AUTHORIZING AND DTRECTI MOTION by Councilman Starwalt to adopt Resolution tdo. 177-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously. RESOLUTION N0. 178-1975 - DIRECTING THE C T ROLL FOR THE Councilman STarwalt asked the value of the removal of the average claim. The Finance Dirertor said he did not have the figures hefore him but the average range is from $100 to $150. �� � ' � ti;�, REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 9 Councilman Starwalt questioned if there was some sort of policy that would lessen the amount. Councilman Breider said there is a state reim6ursement policy. Mayor Nee pointed out the various amounts paid under the State Reimbursement policy. Mayor Nee said the City does not currently have this program. MOTIDN by Councilman ^oreider to adopt Resolution No. 178-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all votin9 aye, Mayor Nee declared declared the motion carried una m mously. UTION N0. 179-1975 - DIRECTING PUBLICATION OF HEARING ON THE PROPOSE� MOTION by Councilwoman Kukowski to adopt Resolution No. 179-1975. Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously The Finance Director asked the Coun�il if they would like information concerning the State Reimbursement policy. Councilman Breider indicated that the policy would not change the current assessment roll. Councilman Breider suggested that the State Reimbursement policy be an ttem at the next conference meeting of the Council. Councilman Starwalt asked if the Council,�ould also be given some information on the sewer situation where there is less being pumped than flushed. The Public Works Director said he would provide the Counctl with t;�is information. CLAIMS: GENERAL AN� LIQUOR 11251 - 11546 MOTION by Councilwoman Kukowski to approve the claims. Seconded by Councilman Starwalt_ Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: CIGARETTE Central Speedy Car Wash 5201 Central Avenue SOLICiTOR ihe Children's Theatre Co. 2400 Third Ave. S GARBAGE PICKUP Gallagher's Service Inc. 9151 Central Ave. Tarco, Inc. DBA Modern Services P. 0. Box 4445 GENERAL CONTRACTORS Carpentry anrl Associat2s, Inc. 6002 Excelsior Boulevard St. Louis Park, Minn. Construction 70, Inc. 1430 W. County Road "C" St. Paul, Minn. 55113 Dahlmeier Construction Co. 8460 Cottagewood Spring Lake Park, Minn. 55432 Denesen Company, 2836 Colfax Av. S. Minneapolis, Minn. 55408 � R�ck Tshcata Sarah Lawless Richard T. Gallagher Dennis McGraw Paul Withers Douglas A. Chesnut S.W. Dahlmeier Harvey Peterson APPROVED BY Public Safety Dir. Puhlic Safety �ir. Health Inspector Health Tnspector Darrel Clark �arrel Clark �arrel Clark Darrel Clark -; � �,t REGULAR COUNCIL h�EETING OF SEPTEMBER 8, 1975 GENERAL CONTRACTORS CONTINUED Fridley Custom Homes 1016 Bur�ker Lake Blvd. Anoka, Minn. 55303 Maranatha Construction 2403 54th Ave. N. Brooklyn Center, Minn. 55430 Minnetonka Pools Inc 10820 Wayzata Boulevard M�nnetonka, Minn. 55433 Springfiled Homes, Inc. 3717 Foss Road Minneapolis, Minn. 55421 Wyman Builders, Inc. 15629 Oak Ridge Road Hopkins, Minn. 55343 HEATING Master Mobile Home Service 2189 Long Lake Road New Brighton, Minn. 55112 h��!;On� RY Kuledge Construction 1924 B. Oakview Lane Minneapolis, Minn. 55441 Main Masonry 2127 N. Ferry� St. Anoka, Minn. 55303 MULiIPLE DWELLING LICENSES� OWNER Floyd C. Bailey 5861 W.Moore Lake Drive Floyd C. Bailey 5861 W. Moore Lake Dr. F1oyd C. Bailey 5861 W. Moore Lake Dr. Gerald L. Miller 5420 5th St. N. E., Apt. 2 Fridley, Minn. David C. Nelson 20186 Connie Drive Anuka, Minn. 55303 T�rrance H. Mickley 7075 Hickory Drive Fridley, Minn. 55421 Gerald Miller 5420 5th St, N E., Apt. 2 �ames H Johnson 621 Bennett Drive Fridley, Minn. 55432 M. A. Biddle 4800 Cedar Lake Road Minneapolis, Minn. 55416 : Wayne H. Friday Richard Baanrud Dailey Janssen Lee Kupcho Dale Wyman Robert Fassett Steve Kuledge Lawrence Masonry ADDRESS 5900 2 z St. N. E 5908 2z St. N. E 5916 2 z St. N. E 5900 3rd St. N. E 5980 3rd St. N. E 541� 5th St. N. E 5420 5th St. N. E 3fi0 ^?th Place N. E 211 79th Way N. E. UNITS 7 7 7 4 4 4 4 4 8 PAGE 10 APPROVED BY Darrel Clark Darrel Clark Darrel Clark �arrel Clark Darrel Clark William Sandin Darrel Clark �arrel Clark FEE APPROVED BY $15.00 R. �. Aldrich Fire Prev. R. D. Aldrich 15.D0 Fire Prev 15.00 R. D. Aldrich Fire Prev. 15.00 R. D. Aldrich Fire Prev. 15.00 15.00 R. D. Aldrich Fire Prev. R. D. Aldrich Fire Prev. 15.00 R. D. Aldrich F�re Prev. 15.00 R. D. Aldrich 1'ire Prev. 15.00 R. D. Aldrich Fire Prev. ' 1 � REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PacE i� �, � t, OWNER ADDRESS UNITS FEE APPROVED BY Virg�nia Carlson 231 79th Way N. E. 7 $15.00 R. Aldrich 231 79th Way N. E., Apt. 5 F�re Prev, Fridley, Minn. 55432 Donald C. Anderson 5960-5980 Anna St. N. E 33 38.00 R. Aldrich �3319 Belden Drive N. E. F�re Prev Minneapolis, Minn. 55418 Uictor Lohmann 5950 East River Road 12 17.00 R. Aldrich 3515 lOth Ave. S. Fire Prev. Minneapolis, Minn 554D7 Leonard E. Dailey 8191 East River Road 5 15.00 R Aldr�ch 8191 East River Road Fire Prev. Fridley, Minn. 55432 Bruce C. Anderson 4030 Main St. N. E. 4 15.00 R. Aldrich 1815 Cleve]and N. E. Fire Prev Minneapolis, M�nn. 55418 Kenneth F Peterson 6011 Main St. N. E. 4 15,00 R Aldrich 2441 Lyndale Ave. S Fire Prev. Minneapolis, Minn 55405 Kenneth Peterson 6019 Main St. N. E_ 4 15.00 R. Aldrich 2441 Lyndale Ave. S. Fire Prev. Donald C. Wescom 117 Mississippi Place N E. 4 15,00 R. Aldrich 117 Mississippt Place N. E Fire Prev. ,Fr�dley, Minn. 55432 Ronald Shelton 140 Mississippi Place N. E. 4 15.00 R. Aldrich 8844 75th St. S. Fire Prev. Cottage Grove, Minn. 55016 Chris �elevarov 160 Mississippi Place N. E. 4 15.00 R, ATdrich 160 Mtssissippi Place N. E. Fire Prev Fridley, Minn. 55432 Innsbruck North Associates 1601 N. Innsbruck �r. 1601 N. Innsbruck Dr. 258 263.00 R, Aldrich Fridley, Minn. 55432 Fire Prev. Edstrom Realty 155-157 Satellite Lane N. E. 33 38 DO R. Aldrich 960 East Mark St. Fire Prev Winona, Minn. 55987 Edstrom Realty 195 Satellite Lane N. E, 20 25.00 R. Aldrich 960 East Mark St. Ftre Prev. Carl W. Lid6erg 6111 Star Lane N. E. 18 23.D0 R. Aldrich 3816 Central Ave. N. E. Fire Prev. Minneapolis, Minn. 55421 �MOTION 6y Councilman Starwalt to approve the licenses. 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 PARTIAL Estimate #,1 for furnishing resident inspect�on and resident supervision for the staking out o` construction work for Water, Sanitary Sewer, Storm Sewer & Street Grading Improvement Project No. 117 from July 28 through August 16, 1975 $1,518.26 PARTIAL Estimate #9 for furnishing resident inspection and i� J7 (�fr REGl1LAR COUNCIL MEETING OF SEPTEMBER 8, 1975 resident supervision for staking out of the construction work for sanitary sewer Improvement Project No. 113 from July 28 through August 16, 1975 Smith, Juster, Feikema, Haskvit. & Casserly Builders Exchange Building Minneapolis, Minneso*,a 55402 For legal services rendered as Prosecutor for the City of Fridley by Carl Newquist for August, 1975 PAGE 12 $ 796.07 $i,327.50 ' MOTION by Councilwoman Kukowski to approve the estimates for payment. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. D DISCUSSION BY ISLAN�S OF PEACE FOUNDATION: Councilwoman Kukowski said since she was the cnly member of the Board of Directors of the Islands of Peace Foundation present, she would request that the Council and the Board of Directors have a special meeting. Several times and days were suggested with the consensus of the members agreeing to Wednesday, September 17. MOTION by Councilwoman Kukowski to set a special meeting of the Council and the members of the Board of the Islands of Peace Foundation for Wednesday, September 17, 1975 at 8:00 P.M. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION REGARDING HOME FIRE �ETECTION PROGRAM: The Civil Defense Director/Assistant Fire Chief, Mr. Robert Aldrich, addressed the Council and said the proposal was to provide a high degree of protection at a minimal to the residents of the City of Fridley. cost Mr Aldrich said shortly before the fatal fire that had occurred recently in the City, , he had been work�ng on a system to make this type of equipment manditory by ordinance in the City. He said he had been provided with a copy of a magazine explaining the program instituted in a Pensylvania City and had communicated with that City to get the particulars «n the program. He said it would be his intention by obtaining bids for equ�pment with set standards to get the price down to rock bottom and have the City act as a clearing house, not buying the equipment and selling it, but only certifying that interested persons are residents of the City and allowing them to contact the low 6idder. Mr. Aldrich said the development of the detection equipment has come along way and the ionization detectors are the best in detecting fire. He said they had not zeroed in on a specific type of model, the specifications had been drafted around the standards of the National Fire Protection Association. He said any of the units would meet the criteria and allow the peoQle of the City of Fridley to install this equipment in the�r homes at a mim mal cost. He said he had some salespeople come door to door with identical equipment which was purchased for the Fire Departi��ent by the relief Association for $40 and they were selling the equipment for $90. He said he had given the Purchasing �,gent three pages of companies who made equ�pment that met the standards ofi the State of Minnesota and they were all able to submit bids to the City. He said the State Building Codes now require installation of the fire detection equipment in any new homes and FNA also requires this in homes that they have the mortgage on. Mr. Aldrtch pointed outa 6attery operated unit to the Council and sabd they also have a primary powered un�t which can be plugge�! in to +he wall or hard wired into the circuitry of the home. He said both units have been tested by the proper agencies or � FM and UL. Mr. Aldrich explained that the battery operated unit chirps one time per minute for seven days to warn the user that Lhe battery is getting low a�d the other unit is ,7ust not operational if the power is out. He explained that both units are very sensitive and will respond to .003 to .1 micromes. He said this would be an amount that would be invisible to the naked eye and would put the equipment into an alarm condit�on. Mr. Aldrich said if the equipment had been installed in the home on Rice Creek Road, there would not have been a death in the fire. Hesaid the fire could have been detected in three minutes and the fire had been burning about one hour before detected. Mr. Aldrich said there will be a mailing for the upcoming Fire Prevention Week in which information could be sent to each dwelling unit in the C�ty (October 5-11). Mr. Aldrich said he had talked to Honeywell and they would offer ±he units at about $22. He mentioned there is quite a bit of a markup in the units and he would like to get the price down with the people of the City receiving the benefit. `/i �J .% REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 13 Mayor Nee asked if the City would be l�able for the um ts. Mr. Aldrich answered not any more than they are for sprinkling systems installed in the City or for fire hydrants Mr. Aldrich continued to point out that this had been discussed at the Department Head meeting and the City ATtorney had indicated he ditl not believe the City would be liable. Mayor Nee mentioned the poss�bil�ty of people selling other units becom�ng upset by the City offering one. Mr. Aldrich said all will have a chance to bid and he would hardly �get upset about this. He said if someone vaould want to sell the units, they could sell them for the same price. The City Attorney mentioned if the literature comes from the City Fire Department, the people of the City will put more credence in the equipment than if it was offered by the seller. He said he felt if the equipment is tested by the National groups and there is a failure, the people would and should go back to the manufacturer of the equipment. The City Attorney questioned if the units would be availa6le in more than one style. Mr. Aldrich said he is asking for bids on three types of units, battery operated, AC and photo electric. The City Attorney said three types would be available and Mr. Aldrich sa�d yes. Mr. Aldrich said he is indicating the detection would be done by smoke detection because the other types of equipment are not completely reliable. He said it would be possible to have a different type of equipment such as a heat detector in the garaqe and tie this �nto the smoke detection system. Councilman Fitzpatrick asked if the smoke detection equipment could be activated by cooking smoke and cigarette smoke. Mr. A7drieh said this would be possib7e and the equipment can be ad�usted. He added, he believed this to be a bad feature of the equipment. Councilman Starwalt asked tf a periodic test of the equipment should be made to determine �ts performance. Mr. Aldrich indicated the methods by which the equipment could be �tested and said it is suggested that the equipment be checked monthly. MOTION by Councilwoman Kukowski to authorize the execution of the Home Fire Detection Program. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LET7ER TO DIUISION OF EMERGENCY SERVICES FOR REGIONAL ACTIVA7ION OF STORM WARNING SYSTEM: Mr. Aldrich explained the letter drafted requesting some action toward gaining a local warn�ng system. He said there is some question of whether the City should activate their warning themselves. He said he had been looking into this type of matter for the past 18 months in con�unct�on w�th the development of the railroad yards in the City. He mentioned the vast amounts of toxic and inflamable materials being moved by the railroad and the poss�bi7ity of something going wrong. He said with the prevailing southwest summer winds, there would be a threat to the citizens of that area. Mr. Aldrich said he would like some system to alert the community if something would go wron9 �n that area. He sa�d he believed the City should be able to activate the warning system themselves. He said with the greater amount of toxic materials being moved, the peopie would have to be notified in short order. He mentioned the costs for a local activation program to be a6out $1,000 for the installation and an ongoing cost of about $1,000 per year for the service from the Telephone Company to keep the lines open. The City Manager said this is basically a two part consideration, one is the approval of the concept of the letter and the second consideration is the installat�on of the C�ty local warning activation equipment. He said the second consideration of the local system �could be discussed at bud9et time. Mr. Aldrich said after the May 19 storm in the City he felt there should be a more local warning system. He �id the system is currently being activated when there �s a tornado and they hoped to have the authority to also use the system with thcre are winds of hurrtcane force which would be in excess of 75 miles per hour. Mr. Aldrich said there �s also the possibility of splitt�ng the metropolitan area into two warm ng areas. He mentioned that there are two separate storm tracts, one on the north and one on the south side of the metropolitan area, He said he would agree that there seems to be a question of the vaildity of the warning if the system 1s acttvated in this area when there is a storm in Egan Township. Mr. Aldrich said he would recommend that the Council authorize tfie sending of the letter asking that something be done to localize the warning. MOTION by Councilman Starwalt to authorize sending the letter to the Division of Emergency Services for Regional Activation of storm warning systems. Seconded by Councilwoman g� REGULAR COUNCIL MEETING OF SEPTEMBER S, 1975 PAGE 14 Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Aldrich mentioned the possibility of the local activation bein9 a regional operation with the cooperat�on of the railroad and also the City of Columbia Heights since they would have a vital concern about th� same conditions. He said even if the City would install the local warning system, the people would have to rely on the news media for details of the emergency. He said an operational plan would have to be established to determine when to push the "panic button". He said in some instances, something would ' have to be done very quickly and in other instances some time would be available to make the dec-ision. He also mentioned that the Council could even be reached for this decision making process in many instances. The City Manager said he would like to talk to the ra�lroad and Columb�a Heights on this proposal. He said they could get together and get the total cost and make a deci�ion at that time. Mr. Aldrich recalled in a L. P. emergency, they had been told iri the past to evacuate up to 30� feet and now with the increase in toxic mater�als evacuation would have to be from 2,000 to 3,000 feet. He recalled that in a recent emergency, a railroad car was blown a couple of thousand feet. The City Manager said this consideration would be brought back to the Council after the Admtnistration contacts the rallroad and the ��ty of Colum6ia Neichts. Mayor Nee asked the admim stration to work on this item and bring it back to the Council. CONSIDERATION OF REQUEST BY LEAGUE OF WOMEN VOTERS FOR FUNDING FOR DELEGATE F��R WATER'S EDGE FORUM: Mayor Nee read the communication received from the League of Women Voters. Councilwoman Kukowski asked if anything like this had ever been done before. Councilman Breider , said the City had paid the costs for various commission members to attend seminars,but not someone from outside the City Boards or Commissions. Mayor Nee said perhaps the City should send one of their own people instead. Councilman Breider said if something like this got started, they woul�l receive hundre�s of requests for people to be funded as delegates. ADJOURNMENT: ri�rlrpi by Counc�lman Breider to ad�ourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the Regular Meeting of the Fridley City Council of September 8, 1975 adjourned at 11:11 P.M. � �G�- ��i-°���.��.�-,-�"-- ��,(.r��'�� � � � ? 7 Pat Ranstrom W�lliam J.r ee Secretary to the City Council Mayor j D3te Adopted �' a�-�S �