10/20/1975 - 00015020'
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THE MINUTES OF THE REGULAR P4EETING OF THE FRIDLEY CITY COI�t�CI� OF OCTO[iER 20, 1975
The Regular Pleeting of the Fridley Ctty Council of Octo6er ?0, 1975 was called
to order at 7:33 P.M, by Mayor Nee
PLEDGE OF ALLEGIANCE:
Mayor Nee welcomed those present at the meetinq and invited them to ,7oin the
Council in saying the Pledge of Allegiance to the Flag
ROLL CALL:
MEMBERS PRESENT: Councilman Fitzpatrick, Playor Plee, Councilwom�n
Kukowski, Councilman Breider, Councilman Starwalt
P1EP�BERS ABSENT None.
ADOPTION DF AGENDA:
MOTION to adopt t�ie Agenda made by Councilwomar Kukowski. Seconded by Counc�l-
man Starwalt, with the additton of the Claims on page 9A Upon a voice vote,
all vottng aye, Mayor Nee declared the motion carried unanimously,
OPEN FORUM, VISITORS•
Mr Leonard A. Moore, 83Q1 Rivervtew Terrace addressed tlie Courctl and sa�d he
was there to discuss his concern about duck hunting on the P9ississtppi River
in the area where it borders Brooklyn Park and Fridley.
He explained that hunters have been issued perm�ts out of Brooklyn Park for
hunting ducks. Mr. Moore said the ducks in this area are almost tame and that
they do not even fly much. He had talked with the Brookl�n Park Council con�
cerning this matter, and no one seer�s to have comnlete ,7urisdiction over th�s.
Ma,yor Nee stated he thoughi i� v�as illegal to discharge fire arms m our City
limits. The question is, where is this area l�c�te�i in Hennepin County.
Mr. Moore said that Brooklyn Park said that Fridley had the �urisdiction
Mayor Nee asked if he would like for the Council to make a request to Brooklyn
Park and to Brooklyn Center to look into the issurng of these permits, or the
City ofi Fridley could qo i.o the Federal Government.
Councilman Breider asked how anyone could issue a huntinq license to use fire
arms with all tne homes around tnis loca±ion,
The City Attorney said that the Ctty of Fridley could go to the Conservation
Department and ask them to declare it as a protected area, He stated he was
surprised they permit hunt�ng in the Twin City Area, and that he was a]so sur-
prised the Conservat�on Department has declared the Mississippi River in the
P1etr000litan area to be a qame area,
Jim Hill, our Public Safety ��rector was oresent at the meetin� and told the
Council that he was aware of the problem and that ii certa�nly was genuinP,
He said the Island ftanfill is not in anyone's ,7urisdictton, He Further reported
that this was the first ltcense issued for the purpose of hunt�nq, and that it
wtll not happen agatn tn the future, The Brooklyn Park Pol�ce Department and
the �epartment of Natural Resources will ass�gn a game warden to patroi t�e area
from time to time, He said that they were not aware of any fire arms beinq
discharged in the City
The City Attorney said that since the Council is opposed to this matter, it
would be in order to write Commisstoner Herbst of the Conversation Department
that this has been brought to our attention. Aiso, tne Council would be
fa•v�orably inclined to have the �epartment of Natural ResourcPS declare th�s
area as a game preserve area.
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REGULAR COUNCIL MEETING OF OCTOBER 20, 1975
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MOTION by Councilman Fitzpatrick, seconded by Councilman Starwalt, to direct
the City Manager to expedite a letter to Commission Herbst of the Conservation
De�artment, and see that this matter is handled properly. Upon a voice vote,
all voting aye, Mayor Nee declared the motior� �arried unanimously.
PUBLIC HEARING
PUBLIC HEARING ON FINAL PLAT, SUBDIVISION P.S. #75-03, BAYER'S LAKESIDE 2ND
MOTION was made by Councilman Starwalt to open thP public !�earing. Seconded
by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee de-
clared the motion carried unanimously, and the public hearing opened at 7•45
P.M.
The Public Works Director explained that this basically consists of a replat
of the West 162 24 feet as measured along the Plorth and South lines of Lots
4,5, and 6, f3lock l, Sprinq Lake Park Lakeside Addition, generally located
between 75th and 76th AvenGe N.E. on ti�e East side of McKinley Street.
T6e Public Works Director further reported that the property now consists of
three 120 foot lots, which are be�ng proposed to be platted into five 72 foot
lots A'so, �t should be noted that the Planning Commission recommends to
Council approval of the proposed plat with the following stipulations•
l. P�°ovide a 5 foot dra mage and utility easement on the east boundary of the
north-south property l�ne of lots 1-5.
2 Provide a 10 foot drainage easement on the south property line of lot 5.
P40TI0�1 was made 6y Counc�lman Starwalt that the final plat be brought back to
the council at the next meetinq for approval, and to close the pu6lic hearing.
Seconded by Councilman Breider. Upon a voice vote, all vottnq aye, Mayor Nee
declared the motion carried unanimously, and the public hearina closed at
7:48 P.M.
OLD BUSINESS:
ORDINANCE #600 - CONSIDE
ON OF ORDINANCE AMEPlDIPIG ChIAPTER 605 REGARDI
MOTION by Councilwoman Kukowski to waive the second reading and adopt Or#inance
#600 as submitted and publication ordered, Seconded by Councilman Starwalt
Upon a voice vote, all voting aye, Playor Nee declared the motion unam mously.
ORDINANCE #,601 - CONSIDFRATIDN OF AN ORDINANCE AMENDINf CHAPTER 603 REGARDING
MOTION by Councilman Breider to wa�ve the second reading and ado}�.*. Crdinance
#601 as submitted and publication ordered. Seconded by Councilwoman Kukowski.
Upon a votce vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
ORDINANCE �602 - CONSIDERA7ION OF AN ORDINAPlCE AMENDING CHAPTER 602 REGARDING
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REGULAR COUNCIL MEETING OF OCTOBER 20, 1975
OLD BUSINESS CONTINUE�
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MoTION by Councilman Starwalt to waive the second reading and adopt Ord�nance
#602 as submttted and publication ordered. Seconded by Counctlman Breider.
Upon a voice vote, all voting aye, Mayor Nee dec1ared the motion carried
unanimously.
NEW BUSINESS
CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLiSHING CNAPTER 123;
�UNK VEHICLES
Mayor Nee said he had asked the City Attorney to prepare an explanation of
th�s ardinance.
The City Attorney satd that at the time we discussed the remodtftcation with
the various departments, it was felt that the State Statutes on motor vehicles
was sufficient, Since then it developed that it is frne for the vehicle that
has been abandoned, but it is not effective where the person who owns the
property has a junk vehicle,
We have restated the ordinance previously with a few minor amendments. It
was discussed with the Police Department and the Inspection Department and
with the Planning Commission.
Councilman Fitzpatrick added that at the Planning Comm�ssion Meetinq, it was
discussed in great detail, and that he was prepared to move on the adoption.
He said it had a very thorough going over.
MOTION 6y Councilman
� establishing Chapter
make improvements on
woman Kukowski.
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Fttzpatrick to adopt the first readtng of ordinance
123, with the recommendation that the City Attorney will
the language in the second reading, Seconded by Council-
The Ctty Attorney explained that the general purpose of the ordinance establish-
tnn Chapters 123, �unk Veh�cles, ts to authorize the G1ty Administration to order
the removal of certain vehicles that are inoperable or not licensed and this
defim tion is any vehicle that is not in an operable condition, or partially
dismantled and not properly licensed. First, a war m nq is issued to remove the
vehicle, and second; if not done within a certain period of time the owner may
receive a citation for violation of ordinance.
Mayor Plee asked if this would keep oeople from keepina �unk cars or the�r
property. Councilman Fitzpatrick said rt would if they are not operable and
not licensed,
The Cit_V Attorney said that after notification has been p�ven to the property o�aner,
it cannot remain on the property. They would have ten days to remove it.
Mayor Nee >aid that he assumes that it said somewhere in the ordinance that the
City w�ll notify them that they are �n v�olation, He also said he was having
trouble with the grammar
The Ctty Attorney said that he would clear this up for the second reading,
Mr, Carl Paulson, 430 N,E, 57TH Place was presen± and addressed the Council and
asked who would determine when an automobile will be remove�, for exa�ple,
a case where an automobile has been sitting on a lot for a year.
The City Attorney said it would be the duty of the police officer or an
employee of the Ctty to report any violation of any ordinance,
Mr Paulson asked, in a situation where the neighbors allow this, could the
police observe this and take act�on. Is there something in the ordinance that
the police could take action.
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REGULAR COUNCIL MEETING OF OCTOBER 20, 1975
The C�ty Attorney answered that �t is not �n the ordinance now,
to him it would be the duty of the police to observe conditions
and act on it, or report it to the proper authority if it is not
,7urisd�ction.
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but it seems
in violation
in their
Mr. Nicholas Garaffa, 6750 Monroe Street addressed the Council and said that
he had been at the Planntng Commission P�eeting and that there was one thing
that was brought up there that did not satisfy him. There could be an
instance where someone has a car that is in an inoperable condition and does
not have a garage, and perhaps a son away at college who wants the car� It
appears there may a ltttle b�t of circumstances causing undue confl�cts with
someone who had good intentions
Councilman Fitzpatrick said if the car were l�censed, even it it were
inoperable, it would not be towed away,
Mayor Nee sa�d there would be discretion on the part of the officer, and it is
his feeling that we should proceed with this, and if we run into problems with
it, it could be amended.
Counc�lman Starwalt said that on page 2 of the Environmental Commission minutes,
he cannot reconcile this with page 5 of the agenda.
The Public Works Director said that this ordinance has been under discussion for
some time, and this now becomes Chapter #123.
Councilman Fitzpatrick said that the Planning Commission was acting on that
recommendat�on.
UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried
unanimously.
RECEIVING THE MIPJUTES OF THE PLANNING COMMISSION MEETIPIG OF OCTDBER 8, 1975.
l. CONSIDERATIOP! OF APPEALS COMMISSION P�IINUTES OF SEPTEP4BER 22, 1975•
A. J, SCHOMMER, 543 JAPIESVILLE
The Publ�c Works �irector explained that this was a request by Mr. Schommer
for variances to reduce the minimum side yard setback adjoinina an attached
garage from ftve feet to two feet, (east stde of lot), and to reduce the
minimum side yard setback ad,7oin�ng living area from ten feet to e�ght feet
to allow construct�on of an addit�on onto the garage.
fie further explained that this first variance indicates the two feet from the
east property l�ne, The second variance, to re�iuce it from ten feet to eight
feet, is a housekeeping type of request in that the house was initially located
to that e�ght foot dimension before we set the requirements of verifying surveys.
The Appeals Commission, at their September 30 f9eeting, recommended approval of
this request.
P�layor Nee asked if there were any further considerations on this item.
Councilman Fttzpatrick said that tt was in line with our encouraqement of
having garages and there is no record in the minutes of any ob,7ections.
MOTION was made by Councilman Fitzpatrick to concur with the request to
approve var�ances as recommended by the Appeals Commission. Seconded by
Councilwoman Kukowski.
B. MIKE 0'BANNON, 1420 KERRY CIRCLE
The Publtc Works Director pointed out that this was a variance to reduce the
raqu�red front yard setback fram 35 peet to 20 feet to allow the construct�nr�
of a dwelling and garage on Kerry Circle. It should also be pointed out that
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REGULAR COUNCIL PIEETING OF OCTOBER 20, 1975 PAGE 5
the terrain �s quite steep and irregular, It drops down quite rapidly. They
are trying to save some of the trees by constructing the house at the 7.0 foot
setback. A variance was previously granted to the lot next to his one, The
street is being constructed with a 10 foot offset to allow a large boulevard in
that area.
The Appeals Comm�ssion recommends approval of this request for a variance and
there were no ob�ections.
MOTION was made by Councilman Starwalt to concur with the Planning Commiss�on
to approve the variance. Seconded by Councilwoman Kukowski, Upon a voice vote,
all voting aye, Mayor Plee declared the motion carried unanimously,
2. CONSI�ERATION OF PARKS AND RECREATION COMMISSION MI
1975.
A. FRIDLEY PARK LOTS 1-3, BLOCK 15
RELEASE RED TAG ON TAX F RFE T LOTS
ES OF SEPTEMBER 22.
The Public Works Dtrector reported that thts item was considered by the Parks
and Recreation Commission to try to determine if the Parks Deoartment needed
these lots on 64th and Ashton. At this time, they do not propose to develop
or construct a park in that area, and accent should be placed on access to
�Z��acent par�k facilities and with the bikeway system, we woul� have that access.
Councilman Fitzpatrtck said that the Parks and Recreatton Commission quoted some
figures on a very small number of children in that area IJhat arza are they
talking about.
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Councilman Fitzpatr�ck centinued to say that he knetv YJ�17CF! �Ots were invol���cl,
but tt was difficult for htm to believe that would serve such few persons of that
� age. It depends on what they define as the area. He said he had not checked
these figures out and it may 6e true that there are that few ch�ldren. Council-
man Fitzpatrick continued to say that another question he had was that he d�d
not really feel that the facilities at Stevenson Schoo7 answer the need for that
area for 4 and 5 or $ and 9 year olds. The adults have trouble driving cars on
East River Road, let along the children crossing it. He felt there is a need
for a park and asked if there was any urqency tn releastng these red tags.
The City Manager said that the problem basically was that we had some inquiries
and he believed the question was raised on whether we wou1d reta�n these lots.
Fle also said he thought this item could be discussed furth�r if Cr�uncil so desires.
Councilwoman Kukowskt asked �f it was betng used 6y children in the area now.
She said if it was beinq used by 30 or 40 children, they were not plaving on the
railroad tracks.
The Ctty Manager explained that there are very f��v children in that area. It is
an older neigh6orhood and he Would guess there ts less swall children because of
the age of the parents. The City Manager satd he felt they should come back with
some additional material concernina this item.
Counc�lman Starwalt said he aareed and he had some relunctance in releasinq these
lots He felt that there was not much dtscussion m the Plann�nn Commission
r�inutes
� MOTIOP! by Starwalt to table this item and obtain additional information� Seconded
by Councilwoman Kukowski. Upon a voice vote, all votinn aye, Mayor Nee declared
the motion carried una m mously.
It was suggested that th�s �tem be brought forward at the Conference Meetrng of
October 27, 1975.
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REGULAR COUNCIL MEETING OF OCTOBER 20, 1975
3. CONSIDERATION OF ZONING CODE CHANGE FOR HAPIDLING VAR
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ESIDENT
MOTION was made by Councilman Fitzpatrick to set a Public Hearing for November
10, 1975 for consideration of zoning code change for handlina variances on
res�Cential property. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
4 ROBER7 OLMSTEAD� ZONING ORDINANCE AMENDMENT �OA #75-05; FIRESZOE DRIUE
AND CENTRAL.
MOTIOM was made hy Councilman Fitzpatrick to set a Public Hearing for November
10, 1975 for 'oning �rdinance Amendment ZOA r�75-05. Seconded by Councilman
Breider. Upon a vo�ce vote, all votina aye, Mayor Nee declared the motion
carried unanimously
5. ROBERT OLMSTEAD: LOT SPLIT L.S. �r75-08; FIRESIDE �RIVE A"J� CEfiTRAL AVEfdUE.
The Public Works �irector explained that this item ties in with the Zoning
Ordinance Amendment, and should also 6e brought back at the time of consideration
of the rezoning.
MOTION by Councilman Starwalt to table this item until consideration of the re-
zoning Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unantmously.
RECEIVING THE MINUTES OF THE CABLE TELEVISION COMP9ISSIOP! h1EETIMG DF SEPTEMBER
8, 1975. — —
MOTION by Councilman Fitzpatrick to receive the minutes of the Cable �-elevision
Comraission Meeting of Septem6er 8, 1975, Seconded by Councilwoman Kukowski,
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
IDERATIDN OF EXECUTION OF AGREEMENT WITH MINNESOTA DEPARTMENT
MOTION was made by Councilwoman Kukowski to concur with Execution of Agreement
with the Minnesota Department of Natural Resources for Bicycle Trail Assistance
Grants-In-Aid Program. Seconded by Councilman Starwalt. Upon a voice vote.
all vottng aye, Mayor Nee declared the motton carried unanimously,
RESOLUTION #193-1975 - CONSIDERATION OF A RESOLUTION REOUESTING THE MINNESOTA
HIGHWAY �EPARTMENT TO PREPARE PLANS AND PROVIDE LAPIDSCAPINR ALONG STATE HIGH-
WAY T N. 47 T.H. 65, AND I.694 WITHIN THE CORPORATE LIMITS OF FRIDLEY. P1INfJESOTA
The City Manager commented that several years ago we requested the Highway
Department to do some landscap�ng. It took three to four years to do this work
on portions of T.H. #�47, It would be his desire, he continued, to get an the
ltst in order to get some additional landscapinq on the Highways R47 and �65
and I.694.
MOTION by Councilman Breider to adopt Resolution r�193�1975 requestinq the Minnesota
Highway Department to prepare plans and provide landscapinq alonq State Highway
T H. 47 and T.N. 65 and I,E94, Seconded by Councilwoman Kukowski. Upon a voice
vote, all voting aye, f4ayor Nee declared the motion carried unanimously.
RESOLUTION �19�1-1975 - COPISID
ORDERING PRELIMINARY
MOTION was made by Councilman Breider to adopt Resolutior #194 ordering pre-
ltm�nary plans, spectfications and estimates for Pro,7ect �119. Seconded by
Councilwoman Kukowski. Upon a voice vote, all voting aye, P1ayor Nee dec7ared
the motion carried unanimously.
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REGULAR COUNCIL MEETING OF OCTOBER 20, 1975 PAGE 7
RESOLUTION #195-1975 - CONSIDERATION OF A RESOLUTION RECEIVIPJG THE PRELIMINARY
REPORT AND CALLING A PUBLIC HEARING ON THE M,4TTER OF THE CONSTRUf,TION OF CER-
TAIN IMPROUEMENTS: SEWER AND WATER IMPROVEMENT PROJECT ,�119,
MOTION was made by Councilman F�tzpatrick to approve and adopt Resolution to
set Public Hearing for November 10, 1975. Seconded by Councilwoman Kukowski.
� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RESOLUTION #196-1975 - CONSIDERATIOPJ OF A RESOLUTION RECEIVING THE PRELIMINARY
REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAI�I
IMPROVEMENTS' STREET IMPROVEM�"{T PROJECT ST 1976-1,
MOTION was made by Councilman Breider to adopt Resolution #196-1975 to receive
prelimtnary report and call a Public Hearing for November 10, 1975. Seconded
by Councilman Starwalt. Upon a votce vote, all votinq aye, Mayor Nee declared
the motion carried unanimously.
CONSIDERATION OF A RESOLUTIOPI REGAR�ING THE ISSUANCC OF INTOXICATING LIOUOR
LICENSE FRONTIER CLUB .
The City Attorney opened this discussion saying it would be his opim on that
orior to rulin9 on whether a license is to be reserved for this location, Council
;houid resolve the question of rezoning. As you are aware, he continu�d, there
�as a first readinq where the Council did approve rexo m nq based on certain
condittons being fulftlled, and it was agreed to by the applicant and his attorney.
Subsequent to that the Administration orepared an agreement. I was not at the
last meeting, but the corrsnents I heard was that the applicant was not ready to
sign that agreement, The question of whether the property is goinq to be re-
zoned has to be resolved. As the situat�on stands now, he said, it is not nroperly
� zoned for a liquor license,
Councilman Starwalt said that the applicant, h1r Dick Povlitzki was present and
he asked that th�s Resolut�on be brought before us. My feelings, he expla�ned,
were not favora6le of this at the last meeting. However, it is here before us,
and I would like to ask some procedural questions. If we vote rn favor of this
Resolution, which I content we cannot, but if we did, this is not approving a
liquor license at all. The matter of the license would have to come up as a
subsequent action,
Councilman Fitzpatr�ck said we have had legal council to the effect we cannot
grant a license when the location �s not properly zoned for a license,
Mr Povlitzki addressed the Council and said that h�s attorney told him to say
that he wants it in the m�nutes that he will make the improvements required by
Council, but that he wants the fairness that ev�ryone else receives, After
waiting a year, he said that he wants a vote by the Council, It is up for a vote,
there ts nothing else to be discussed, and the Council could not get out of votinq.
He repeated that his attorney told him to say that.
The City Attorney said that he supposed a license could be reserved, homiever,
a ltcense cannot be issued until the r��o m ng question was answered. If we pass
a resolution to reserve a license, we are imply�ng the razonirq has been
approved.
� Councilman Starwalt said that if we do not vote, we have not declined a liquor
license.
The C�ty Attorney said that tf we pass a Resolution of Intent to approve a l�cense,
then we are implying that the second reading of the rezoning will be approved,
Councilman Fitzpatrick sa�d he thought we already implied this when we set down
the stipulations for the rezoning.
The City Attorney explained that the st�pulations for a rezoning was not a
stipulation for a license.
Mr. Povlitzki asked if the Council was saying that he cannot have a liquor license
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REGULAR COUNCIL MEETING OF OCTOBER 20, 1975
The Cicy Attorney replied that he could not have a license if his .�rooerty
was not properly �oned
PasE s
Councilman Fitzpatrick said that what he is asking is whether we can reserve a
license under th15 cond�tion.
The City Attorney said that we could but that he wanted the Council to be aware
that if an agreement is prepared and the applicant aqrees to do certain �mprove-
ments stipulated in the proposed agreement, and the Council is thereby reservinq
a license, then they are committir�themselves to approving the re zonina and
granting the license. It would seem to him that if a l�cense is reserved under
these circumstances and Mr. Povlitzki relies on this, then in the future the
Council would be hard-pressed to both r�zo m n� and issuing a license.
Councilman Fitzpatrick said he is agreeing w�th the City Attorney that we are not
committinq ourselves to issue a liquor license, but that he Hias under the impression
=piat we ar�q committed to the rezontnq if the st�pulations we set down are met� 6ut
you are further saying, that if we reserve a license we are further obligated to
eventually issuing the license,
The City Attorney said that Counc�lman Fitzpatr�ck was correct
Councilman Starvralt commented again on the fact, that if we do not approve the
resolution, we have not decl�ned a liquor license, He further stated that we have
not acted on a quest�on of the l�censea
The City Attorney said that the next request would be to reserve a license and
the Couracil does not have an application for a license before them. There is a
difference.
Mr Povlitzki said this request does not qualify as a license, it �s merely asking
that a license be set aside�
Mayor Nee stated that this request is for reserving a license and it does not
deny the application for a l�cense.
The City Attorney said that th�s is correct.
Countilman Starwalt said there is an appl�catton on file w�th the City, but �t is
not before us
The City Attorney asked if there was an application for a license, and Mavor Nee
said that there was�
P�1r Povlitzki asked the Council what kind of a �oint they thought he owned, and
the City Attorney replied that he does not have a license to se�l intoxicating
liquor.
Councilman Starwalt sa�d that �t �s not his intent�on to move for a note on this,
and that he would allow another member to.
Mr. Povlitzki said that after a year, he demands a vote. He clatmed that we have
not given him his r�ghts, and that he wants his rights.
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Councilman Starwalt told Mr. Povlitzki that he wanted to do what is right for him,
and what ts right for the citizens oT Fridley. Mr. Povlitzki stated that if he '
wanted to do what ts right, then he should vote. Mr. Starwalt said that he will
not ask that this be brou9ht up, so if Mr Povlitzki intended to sue him, as he
stated at the last meeting, then he should be prepared to do so.
Councilman Starwalt said that the next question would be how do we dispose of this
apolicat�on.
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REGULAR COUNCIL h4EETING OF OCTOBER 20, 1975 FAGE 9
Councilwoman Kukowsk� mentionec� to Mr, Poviitzki that at the last council �,�eeting
he said that he intended to sell his business and move out. Mr, Povlitzki said
that he would sell. Councilwoman Kukowski said tl7ere is no way we could issue
you a license. There is a law saying we cannot issue a liquor l�cense under these
circumstances.
' Mayor Nee said that we should act on this resolution or tabl? it.
MOTION by Councilman Starwalt to table the r•esolution because he cannot bring it
forward when he intends to vote no.
Mr. Povlitzki said that someone else could bring ii, fcrward. He sa;d there has
been a lot of money going down the drain and the Cuuncil cannot do anythinq<
Mayor Nee said the land is not presently rezoned, Mr, Povlitzki asked if he would
make the improvements on the establishment, would ii, then be rezuned, and if so,
fine, he would make the tmprovements, and then would he get his liquor license,
Councilman Starwalt said that the public hearincl on the liquor license has been
closed, He said that it is his belief that the public liearina should be reopened
and then we could get the matter taken care of
Plr Povlitzki said that Councilman Starwalt told him that the Council would vote
on the resolution, He said he drove 400 miles to come to the meetinq,
Councilman Starwalt said the resolution has been brouoht bPfore us with the request
you wanted. No one said it �vould be voted on. You assurned it would be.
Mr Povlitzki asked again if Councilman Starwalt would vote on it, and Councilman
Starwalt said he could not ask it be brought forth for a vote because he plans to
vote no Mr. Povlitzki asked who could bring tt forth, could the Mayor, Council-
' man Starwalt sa�d no, technically the Mayor could not. He asked Mr Povl�tzki if
he understood his feelings on this, and Mr. Povlitzki said he uaanted it over with.
Mayor Nee said that the item is on the agenda, We have heard from the City Attorney
that it is not properly before us. I have �nvited a motion on it and there has been
none. He further commented that the question of zonina has to be settled before the
liquor license can be issued.
Mayor Nee asked if there vaas any motion for the disposal of th�s.
The City Attorney said he would agree with Mr, Povlitzki in the sense the question
should be disposed of one way or the other. He said that he will summarize again.
It is my opinion, he said, that a l�cense cannoc 6e �ssued unless the property is
re zoned. He said he does not thtnk a license should 6e reserved unless the Counctl
fully intends to r�eet the condtt�ons set forth in the agreement for re zonina, Tr
him, he said, that w ould be askin� Mr Po vlitzki to proceed to spend money on the
assumption that the council has agreed to qive h�m a liquor license if he spends
that kind of money. The pruper procedure would be to amend the agreement.
The City Attorney further added that it seems to him that Mr Povlitzki is right
about tablin9 this as it could go on indefim tely. Open a hearing on the granting
of a license before making a decision of reservirig the license, In order for the
Council to act upon the second reading of the �°e zo m rg, they would have to amend
� the proposed agreement ar,d add another item that if the �mprovements are completetl
that are sttpulated, then the license will be reserved, These would be the first
two things that should be in order, He continued, as far as handlinq this oaae
of the aqenda, he would advise to not act on this until the question of re zonino
has been resolved, It is not proper to reserve a license when the property is not
properly zoned for the sale of tntoxicattng liquor, He explalned that another option
would be to bring the matter of a second reading of re z�m ng up aaain, That is not
on the aaenda tonight. He said his feelings is that question should be answered be-
fore a reservation of a license is met. If it �s madP, then P1r. Povlitzki u,�ould
spend money on the fact that the Council has agreed to grant a license and that ts
not fair at a later date, to deny the re zoning or to deny him the actual issuance
of a license. It would 6e in order, if the Council is in aqreement, to bring the
second reading back to Council and to amend it, He said that Mr Povlitzkt has sa�tl
that he does not want to proceed unless there is another condition that he will c�et
his liquor license.
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REGl1LAR COUNCIL MEETING OF OCTOBER 20, 1975
PAGE 10
Mayor Nee asked if the cond�tton would be on the agreement and not on the second
reading. The City Attorney said they will go hand in hand. He said it would be
uo� the agreement to r��e zone by adding another item which would be to reserve a
license The second reading would not take place until conditions of the agree-
ment are completed.
"�ayor Nee said that when it was completed, the amendment would be that we woul�i
rezone and grant a license.
Councilman Fitzpatrick said you are ask�ng us to bring back re zoning for the
second reading.
Councilman Starwalt said he would like to state that it is his belief that tt is
best that the question of the liquor license can only be reserved by re-o?en mg
the public hearinq. He said it was not his intention to vote on any of the
st�pulations or agreements at this time, and that he will not vote for anything
in his posit�on. He said he thinks we should not proceed any further, as far as
he was concerned, without asking for a re-opem ng of the public hearing, and that
he wanted to know how he stands.
The City Attorney said that it would be in order for the P^ayor to ask for a
motion to re-open the public hearing for the issuance of a license, May Nee said
that would be a response to this page of the agenda.
MOTION to Councilman Starwalt to re-open the Public Hearing for Novem6er 10, 1975
for the consideration of the application that Mr. Povlitzki has made for a hard
liquor license Seconded by Councilwoman Y.ukowski. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Povlitzki asked what would happen the next time. Would �ve go back to the re
zomng again.
Councilman Starwalt said that we could not make any predictions,
Councilman Breider said he would like to include as a part of the motion that
the City Attorney have transcripts of any testimoney that ma,y be offered as it
relates to this application, forwarded to the applicants attorney so that they
know the procedure.
The City Attorney said all records of the City are open to the applicant and his
attorney, and he was certa�n that any evidence that is presented to the Council
would be for public records. As far as the transcripts are concerned, of what is
intended to be presented, that may be a little difficult.
Councilman Breider said that tf there are any publtc records, police records or
anything else, it should be available to the applicant
The City Attorney said they will be available and depend�ng upon their nature,
perhaps could be forwarded.
RESOLUTIOP! #197-1975 - CONSIDERATIOP! OF A
PROJECT #1
DIRECTING THE ISSUANCE OF
6
MOTION was made by Councilwoman Kukowski to adopt Resolution #197 on the
issuance of temporary improvement bonds. Seconded by Counctlman Starwalt.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RESOLUTION #198-1975 -
ION OF A RES�LUTION �IRECTING THE SALE AN�
BONDS IN ACCORDANCE 1^�ITH LAUIS OF 1957,
MOTION by Councilman Starwalt to adopt Resolution �198�1975 directing the sale
and purchase of tem�orary improvement bonds� Seconded by Councilwoman Kukowski,
L'pon a voice vote, all vot�ng aye, Mayor Nee declared the moiton carried unantmousl;,
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REGULRR COUNCIL MEETING OF OCTOBER 2D, 1975 PAGE 71
RESOLU7ION #199-1975 - CONSIDERATIDN OF A FF50LUTION AUTHORIZING AN� DIRECTING
,
MOTION by Councilwoman Kukowski to adopt Resolut�or #199-1975 authorizinq and
directing the splitting of special assessments, Seconded by Councilman Starwalt.
Upon a voice vote, al7 voting aye, Mayor Nee declared the motion carried unanimously.
RESOLUTION #200-1975 -- CONSIDERATION OF P,ESOLUTION DIRECTING PUBLICATION OF
HEARING ON PROPOSED REASSESSMENT OF STORPI SEWER IMPROVEMENT P°OJECT #102.
Mayor Nee said that this was to ad,7ust an error tFiat had been made.
The Finance Director explained that the last ttme this was before us an error
was made on one parcel. Therefare, they had to make the necessary ad�ustments,
but that this was the same map and the same lots. It should have been noticed
the first time around. The error was originally inade in 1972, and we d�d not
discover it before. He explained that the total assessment proposed now is correct.
MOTION by Councilman Breider to set a public hearing for Resolution #200-1975
authorizing and directrng the splitting of special assessments on Don's Addition
and replatting into Herwal Rice Creek Terrace Addition. Seconded by Councilwoman
Kukowski, Upon a voice vote, all vot mg aye, Mayor Nee declared the motion
carried unanimously,
� CONSIDERATION OF RESOLUTION DIRECTING PREPARATION OF REASSESSMENT
P10TION by Councilman Breider to adopt Resolution #`201 directtnq the reassessment
roll for storm sewer improvement. Seconded by Councilman �tar•��.�alt, Uoon a voice
vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously,
APPOINTP9Eh�TS:
MOTION was made by Councilman Breider to approve appointments of the followinq
City employees:
NAME
Patricta Ranstrom
6700 Arthur Street
Fridley, Mn.
POSITION
police Secretary
SALARY EFFFCTIVE DATE REPLACES
$702/month October 13, 1975 Cass Berray
Helen Fagin Secretary to the $668/month September 24; 1975 Pat Ranstrom
6266 Ben Moor Dr. Ctty Council
Fridley, Mn.
Seconded by Councilman Starwalt. Upon a voice vote, all votrna aye, Mayor Plee
declared the motion carried unanimously.
CLAIMS
MOTION by Councilman Starwalt to approve Claims as submitted. Seconded by Council-
woman Kukowski. Upon a voice vote, all votina aye, Mayor Nee declared the motion
carr�ed unan�mously.
� LICENSES
MOTION by Councilwoman Kukowski to approve ltcenses as subm�tted ar�d on file �n Citv
Clerl�'s ef��ce �econdPd by Counc�lman Starwalt lnon a voic� vot�, all vo±inn aye
Mayor fdee declared the motlon cdrried unanimously
ESTIMATES:
MOTION by Councilman Breider to approve estimates as submitted and to add
Estimate from Virg�l G, Herrtck, Oct. 2�, 1975 in the amount of �1,2�5,��.
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REGULAR COUNCIL P4EETING OF OCTOBER 2D, 1975
PAC� �z
Seconded by Councilsvoman Kukowsk�. Upon a voice vote, all votinq a,ye, Mayor Nee
declared the motion carried unanamously.
MOTION by Councilwoman Kukowski, seconded by Councilman Fitzpatrick to approve
payment of est�mate for Carl Newquist, Upon a vo�ce vote, all voting aye, Mayor
Nee declared the mot�on carried unam mously,
RESOLUTIOP! #202-1975 - CONSIDERATION OF A RESOLUTIOPI TRANSFERRING FUNDS FROf1 __
The Frnance Director explained that this Re<olution is similar to the one that
has been adopted each year for the past several years. If this resolution is
adopted, no tax levies will be necessary for any of the improvement bond funds
for the year 1975/1976, These bond funds were for the most part for the purpose
of financrng �mprovements to the Public Util�ty Fund.
Special Assessments were not levied at all, or were not levied for the entire
cost of the �mprovement. Assessments were not levied for such things as wells,
reservoirs, part of the ma�n ltne system, etc, The Public Util�ty Fund does
have sufficient funds to make this transfer.
MOTION by Councilwoman Kul:owski, seconded by Councilman Bre�der to adopt Res�lution
#202-1975, transferring Punds for the payment of bonds, Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously,
LIISCUSSIOfI OF ITFP1S TO BE ADDED TO THE AGEPlDA FOR THE CONFEREflCE MFFTIfIC OF
TR`i7SRFU �7 107G
Mayor Nee said there were several items he would l�ke discussed at the Conference
Meeting of October 27, 1975. He would like to hear from the Plannina Commission
and its sub-committee members to get ideas of how the process is workincr,
Second7y, he would l�ke to discuss w�th members of the Industrial area. the
matter of the 3.2 beer l�cense for the Amer�can Bazaar, Evervone �nvolved
should attend the Conference Meeting.
Also, he would like the �tem of the red tag with reference to Parks and Recreatior�
be brought up for discussion.
ADJOURNMENT:
MOTION was made by Councilman Fitzpatrick to ad�ourn the meet�ng, Seconded by
Councilwoman Kukowski. Upon a voice vote, all voting aye, f1ayor "lee declared
the mot�on carried unanimously, and the Regular fleet�ng of the Fridley City
Council of October 20, 1975 ad,7ourned at 9�3Q P.M,
,�✓,i'-�E�z r��£�'=,r�ati
Helen Fagin
Secretary to the City Council
Date Approved• 11-3—�b
�!��� �1��-'�
l�iilliam �, ee
Mayor
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