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04/19/1976 - 00014837THE P9IPIUTES OF THE REGUL/1R P1EETrf�(; OF THE FRIDLEY CITY COUflCIL OF APRIL 19, 1P7� The Re�ular Meeting of the Fridley City Council was called to order on ,4nril 19, 197F, at 7:35 P M. PLEDGE OF ALLEGIANCE f1ayor Nee welcomed those present and invited them to ,7oin the Council in the pledae of allegiance to the flag ROLL CALL P1EP1BERS PRESENT MEP1BERS ABSENT 4PPROVAL OF MIPJUTES Mayor Nee, Councilwoman Kukowski, Councilman Starwalt, Councilman Hamernil:, and Councilman Fitzpatrick. None REGULAR MEETING, APRIL 5, 1976 Councilman Hamernik said he had comments in four areas where his name and that of Counc�lman Fitzpatrick have been interchancted Speciftcally, on Paqe 7 of the minutes, the first sentence should state, "Councilman Fitzpatrick stated that action has baen under way by the City", in the seventh paranraph on thaL same nane it should read, "Councilman Fitzpatrick queried if the matter might be investinated on the .„ " on Page 3, sixth paraqraph under item re�ardinn SS&SU1�+119, tt should state °Councilman Fitznatrick said tliat we have been throuah .."; and at the ton of Pane n, first sentence, �t should read -- �10TIOfl by Councilman Fttzpatrtck. MOTIOfJ by Councilman Starwalt to accent the minutes as correc±ed bv Councilman Flamer ml< Seconded by Councilwoman Kukowski Upon a voice vote, all votrna aye, P1ayor Nee declared the motion passed unam mously ADOPTION OF AGENDA f1ayor flee said there was one adtlitional item to add to the aqenda and that was consideration of a Resolution apnrovinq and authorizrno sinnina the Anreement estab- lish�ng tivoo°kin9 conditions, wages and hours of employees of the City of Fridley Mum c�pal Lt�uor Stores for the year. f10TI0f! by Councilman Hamernik to adoot the aqenda as amended. Seconded by Councilwoman Kukowski Upon a voice vote, all votrn4 aye, f1ayor fJee declared the motion carried unanimously OPEPd FORUPI, VISITORS "layor "Jee asked if there was anyone who had some comments for the Courcil on items not on the anencia There was no resoonse PU6LIC HEARINGS CONTINUED PUBLIC HE/IRING ON FINAL PLAT SUBDIVISION P.S. 'tr7G- Y. VILLA;E. BY COPJSI�ERFlTI0�1 OF TOWNHOUSE DEVELOPf1EPJT OF 100 UPdITS, T�`76-02, BY DARP.EL A. FARR DEVELOPP1Ef1T CORPORATION. F�R INPJSBRUCK VILLAGE RECEIVIfJG PETITIOPI �7-1y76 RESIDEPJT'S FIRST CHOICE -- APARTP1Ef1T BUILDIfJG AND SECOtdD CHOICE -- i06dMH0USES �1ayor Plee stated that the Council last week continued the hearrn� on one of the Innsbruck hlats, the one ,7ust West of the Blacl: Forest A�artments, and that one ivill be re-ooened at this point. The f1ayor said there were several thinqs he u�anted in the record The first thing weuld be the petit�on tha+ vaas circulated at tE�e meetrna of last weel� in which the �etitioners expressed a preference for apartmerits in that area instead of townhouses � � � REGULAR CO�NCIL MEETING OF APRIL 19, 1976 PAGE ? MOTION by Councilman Starwalt to receive Petition �7-1976 Seconded by Counc�lwoman Kukowski. Upon a voice vote, all votinn aye, P1ayor Nee declared the mot�on carried unanimously Mayor Nee said that the other item -- although it comes later �n the aqenda -- should be put in at th�s point, and that beinq the Planninq Commission Minutes of ,4pri1 7th wtth reference to thts item in the aqenda The Plamm �� Commission recommended aoproval of the plat. � MOTIOfd by Councilman Hamer m k the Council rece�ve the recommendations of the Plannma Commission that were acted on in the Aprtl 7th meetrna Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. MOTION by Councilman Starwalt to receive the minutes of the Human Resources Commission of March llth where they speak of the foreqo�ng matter Seconded by Councilu�oman Kukowski. Upon a voice vote, all votinq aye, Mayor Plee declared the �ot�on carried unanimously. Mayor Nee called attention to the fact that the sub�ect land �s zoned R-3 and is not a olanned unit development as such, and it may have some bearina on the Cit�i's oronress, althouqh the City does have a contract with the developer which s�ells out some areas of agreement and control by the City, and the Mayor asked P1r Herricl: to comment on the situation. P4r. Herrick repl�ed that the City did enter tnto a contract or aqreement with the developer and the former owners of the property on the first day of February, 1971, and in con�unction with a request on the behalf of the developer and the former oNm ers to rezone a portion of what has been referred to as Innsbruck North to R-3 or multi�le development property, that the area now referred to as Innsbruck PJorth was R-1, and a proposal was made that a portion of it be rezoned to R-3. The Counc�l, at that time, agreed with the request sub�ect to certain conditions that are contained in the anree- ment of February l, 1971, so the first point is that the prooerty is zoned R-3 � Mr. Herrick said that some time ago the Council in adoptinq the zoning ordinances adopted an ordinance that nertains to R-3 development tn that R-3 can be used for multiple dvrellings which are commonly referred to as apartments, or that it could be used for duolexes or townhouses, that any of these are perm�tted uses accordinn to the terms of the zoninq ordinance, and if you have snecific questions a6out townhouses, to d�rect your inquiries to him. f1r. Herrick stated that the agreement with the present pro�erty owners recites that the consideration for this agreement shall be the rezoninn of the nropertv described above from R-1 to R-3 zonina classification tonether w�th authorizat�on to bu�ld a co�olex of 850 multtple um ts on the property zoned R-3 The developer of the property is now requestina that a portion of the nronerty be used for developing four-plexes, and P1r Herrick said he was assuminn that the �uestion before the Council is, first of all, whether the plan should be apnroved, and secondly, whether the Council has the authortty to re�ect the request P�r Yerrick stated that he is of the opinion that this �s a nermitted use and that the Council does not have the authority to re�ect the re�uest The Council does have the authority to determ�ne certain �tems as far as develo�ment, and one of them wou�d 6e the set-back. Mr. Herrick said that another one, in his oninion, would be where the entrances and the exits a�e to be located, and that he had checked with the staff as to the number of um ts permitted, and he was informed the number that has been requested is substantially less than the maximum perm�tted by the zoninn ordinance , P1r. Herrick said, in essence, that is his opinion. The Public Works Director said the set-back requirements are not spelled out in the townhouse ordinances. It allows flexibility to plan and develop the structures on certain parcels of property keepinq in mind the existinq tono�raphy and other env�ron- mental concerns Playor Nee asked Mr. Herrick if the City has to acceot the townhouse pronosal an thin certarn auidelines Mr. Herrick replied yes, that is what he said P1ayor P!ee asked if there was an exhibtt attached to the contract, and Mr. Herrick said no, and that he had checked with the staff on the matter. The City Manager said when it was considered for rezonin� theV �m t�ally had a nlan to develop several 12-unit apartment buildinns, and the �n1V thina the Council cens�dered was the total number of units that would be allowed,an� the finure was nut into the agreemer,t Ati REGULAR COUNCIL MEETING OF APRIL 19, 1976 PAGE 3 The other rtem in the a�reei�ent was the access to Silver Lake Road and that is also a part of the aqreement the City had with the developer, because, the City was concerned w�th the add�t�onal traff�c comina in to the res�dential area. Mr F:errick said there are other items in the anreement, a deed for the parks, and an agreement the developer will contribute a certain amount of money, or a percentane of a sum of money, for the development of sanitary sewers, and some others that related to roads, road maintenance, and the transfer of an easement from the then property owners to the City of Fridley f9ayor Nee inquired if rt is correct that the plan as drawn today does not meet the renuirement of an adequate set-back, and, Mr. Nerrick said yes. The City P�anaqer said the sanitarv sewer cond�tton has been met; and, the develoner has been assessed additional monies for the sa m tary sewer system. Also that basically all the conditions as we understand them have been met b,y the develoner, and on the auestion of maintenance of the facility, there is additional documentation that takes that into consideration In response to Playor Nee's request, a larqe number of the audience siqnaled their des�re to be heard on the matter Mayor Nee then said the meetrn� would be open for comments from the audience. Councilman Starwalt said he met and talked w�th various persons on thts sttuation, and the people felt there have 6een chanqes vahich are detrimental to them Playor Nee asked Mr. Farr if within the last week P1r Farr had modified his position as far as the dens�ty or the set-back is concerned, and P9r. Farr said no. P9r. Farr said they had researched some of the oroblems raised at the last meetinq, particularly as to the school system; but as far as the density, he believed that it is low. One of the serious problems was traffic Mr Farr recited the density patterns in various schools Mayor Nee inquired if the proposal for this association for this development would be a separate association, and, Mr. Farr said yes Further, that the land on the South side of North Insbruck, including the First, Second, and Third Additions, and the proposed Fourth and Fifth were incorporated �nto one Home Owners' Association in 1471 with all of the prescriptive covenants and by-laws and the rest of the thrnqs that make up a home owners' assoc�at�on. Discussion ensued on the size and dtfftculties of home owners' association, and other ram�f�cattons of them in relation to townhouses. The Public Works D�rector then shewed a slide pro�ection of the area and commented upon the private roads, and the public roads in the area. The set-back requirements came rnto the d�scussion, and the Public Works �irector said that althouqh they are not spelled out in the Ordinance, we are trying to insure that we follow the R-1 set-back requirements, and this was indicated to the developer, the 35 foot set-back. Some discussion centered on the line of sight which would be involved with a road and havinq it zoned for 30 m�les per hour. � � P�ayor Nee said that he would lil:e to have the comments that he picked up in the nei�h- borhood in the record. Several people, he said, relied on the olan that was on file w�th the City in considering whether to invest in the neighborhood, and that is material to this deliberation, and if anyone did rely on it in makinq their investment, would they like to put their comments on the record? Burt Johnson, 1482 North Innsbruck Drive, said he moved out from P1aryland and invested ' in a home here and there was a large green area and a private road, and that was what promoted him to buy If there was one tfnng he had learned ir buildtnq five homes, it is that the zoninq inteqrity is vital to maintaininn the value of the nroperty, and if the plat as he originally v�ewed it was to be different, as now, he would not have invested here Clyde Benner, 5430 Matterhorn Drive, stated when he was shown and purchased his home he was shown the plat and was told that this is the way it would be, and if he had I<nown �t was going to turn out as it had today, he would not have �nvested, Mr Flerrick inquired as to where the person had seen the plan for the site, and the response came that it was at the sales office. Several other property owners said that they had seen the plat �n the sales office, some at Robert Lauqen's Homes, and others at the Farr Development Office Several others voiced their oQinion that thev REGULAR COUNCIL MEETING OF APRIL 19, 1976 would not have bought if they knew their investment would turn out as it had Mr. Farr also engaged in the discussion PAGE � In response to a question concerning the loss of trees if a presently proposed area development takes place, Mr. Farr replied that with the proposed plan they would 6e able to save 50 per cent of the trees in that area, qive or take ten per cent. Gary Samuel, 1479 North Danube Road, said that in the petition that the Council , accepted from the last Council meeting, at least in my opinton, we were askm q for the apartment buildinq as such We were saying that we felt the buffer zone provided by the apartment was more acceptable than the present l�ne and we would like to see a lower density and a better quality of townhomes He said he agreed with Mr Farr's comments on the schools On the matter of streets, that has been hashed out many, many times concerm nq Innsbruck North and the Silver Lake Road, and the restdents are of the opinton that an additional 20D units cannot be handled on thts particular road if the plan is approved, we recommend an escrow of a minimum of $10,000 to maintain the road and be billed at City expense so that the road will be mainta�ned and plowed for the residents of the area. Gary Samuel continued his remarks that someone had mentioned the cr�me rate and the poltce calls relative to apartment owners versus the townhouse owners in that the Police Department would rather have the quad units than the apartment buildings. John Lindstrom, 5551 Waldeck Crossina, said, "I have looked at this nronosed plat myself. I feel, philosophically, tt �s a nood plan I feel there is room in the Innsbruck North area for more than one o�tion or l�fe style " R. G. Rumpsa, 1481 PJorth Innsbruck Drtve, said he anreed w�th f1r. Samuel's statement, and, most of us really share that opinion. I am speakrnn for myself We want private homes as compared to apartments in there We truly do I � think the biq thing is that a number of people have the feelinn that we have been sort of tricked irto somethino, or r�ot aiven the whole deck of cards to play the game w�th properly when we 6ouqht I would like to underl�ne the fact that as a resident I would like to have the opoortunity to discuss this r�atte� with the Ctty Planntnn.Commisston and also extend the offer to do like�ise to P•1r. Farr. In resoonse to the question, "Is �t your feelinn that you would orefer townhouses to apartments?" by P1ayor Nee, the answer was "very deftn�tely" In response to the quest�on of whether there are any recreational areas ir the plat, the Public Works D�rector stated there are none specifically �n the area; but in the aqreement,it has 6een qroposed the develoner nrovide two tenm s courts in the public park in the area l�le have nublic nark land to the florth and public park land to the South plus the Tratl System There was further discusston on the number of school ane children there would be ner unit, the number of bedrooms per unit, cost of the various units, etc The question of set-backs came up for d�scuss�on, and it u�as stated that the backyard areas in relation to set-backs are beinn violated, that the set-bac!: requtrements should be more in line with the sinnle fami�y home P9r. Farr stated it is his opirion the pro,7ect has had a public hearina five t�mes, and he doesn't know that a qreat deal more can be added or accomplished � by any further hearinns. He stated he has met with the Human Resources Commission, the Envtronmental Commission, and the City of Fridley has rev�ewed the plat; that it has 6een up to the Plannrno Comm�ssion three times, the Counc�l, two times. The economics of the area won't perr�it an�/ more exnensive units Mr. Farr stated that the plan has merit from any nlanner's standnoint. A resident stated that he considers the nlan not unreasonable, and the debate has 6een qutte lengthy He anrees with P1r Farr that this has qone on lonn enough; and it should not be referred aqain to the Committee, and he th�nks the builder should be allowed to 6uild for tne market that he chooses Councilman Starwal± said he has some reluctance to refer the matter to the Planning Commission, and unless somethinn can come from this meetinn, he ts not convinced that it should be done Councilman StarUralt sa�d he wondered what are the changes that could take olace between now and the next meetinn at wh�ch time the Council could either vote the nlan uo or doum or take other act�on REGULAR COUNCIL P4EETING OF APRIL 19, 1976 PAr,E 5 The Public Works Director stated that the first thin� that nrobably would 6e necessary would be a w�llingness on the nart of the developer to meet with the sinale fam�ly area representatives, and the next Council meetrnn �s "1ay 3rd. flr Farr stated that in the past he has exnlained the economics of densitv, of esthetics, and the environmental considerations, and to modify the plan by a reduction in density or by increasinn the set-back in PJorth Innsbruck Drive to the detrtment of the qreen area w�thin the site is a mistake. For some reason people are viewrnq this as some kind of a low income housrnq which it is not by any stretch� of the imaqtnation; and,he also feels thai the residents have faiied io visuaiize the impace of a 251 unit apartment site. Councilman Starwalt asked f1r Farr if he would meet with the citizens that are concerned in this matter, and d�scussion ensued on thts matter. The City P1anaaer suggested that a meetinq could be held ton�nht, and the matter tabled by the Council, until a decision was reached by those at the meetinn and then reported back to the Council If a decision was not reached this eveninn> the Council would have to make the decision P1r Farr said the meet�na arranqements were f�ne as far as he was concer�ned The Public Hearing was tabled until later �n the Council Meettng and the interested partied left the Council Meeting to meet and try to reach a dectsion CONTINUED PUBLIC HEARING ON ST. 1975-1 AND ST. 1975-2 STREET I�9PROVE�1ENT PROJECTS .,,,.�,��„� � �,,,,.r.,,.� _ The Finance Director� stated that the assessment roll had been reworked, and has been prepared on the same basis as the assessment rolls were prepared for the street work done in the Northerly port�on of the �onnay's Addition. The last street improvement in this area was a deviation from the normal assessinca policy, and only the lots that have the improvement a6uttinn their nronerty on the front or the s�de would be assessed under th�s formula The assessment roll puts all of the ccsts on a front foot basis, and the corner navs thts rate for one-third of their side footane The assessment rate is $16 58 per front fcot, which rep�-esents a deviation from the standard policy, ?nd it has the effect of nuttinn these people on the same basis as the other oeoale in the Addition The nroblem arose because in the nast t"e side street assessments ti�ere not spread down the block. There were several inquiries from members of the audience as to some differences in the�r assessments, and the matters were discussed at lenath Some of the crtizen's remarks were directed to the qual�ty of the street maintenance which they felt was very inadequate. � MOTION by Councilman Starwa�t the public hearinq be closed Seconded by Councilwoman Kukowski Upon a voice vote, all votinn aye, Mayor Plee declared the motion carried unanimously IPIFORP1AL PUBLIC HEARI�dG TD COPlSIDER PRELIP4INRRY PLAPIS FDR COPdSTRUCTION OF NOISE The Public Works Director explained that the Plinnesota Hinhway Denartment was considererna the construction of noise aba±ement structures and landscapina on I-694 from ftain to University Avenue and from 7th Street back to University What has happened, he said, is that due to the nature of the construction qoina to take nlace this summer the few additional feet in this matter should be added to the � cor.tract so that the Flighway Denartment would not have to come back at a future date. It is the intent of this hearinn to net the rnnut of cttizens on this matter� and we have two reoresentatives here from the Hiqhway Dept., Mr. Borson, and P1r. Robinson !1r. Borson said ���hat the H�cthwav �epartment is tr�nnn to do is to �et the preltminarv work done on those two se�ments added to a,706 in flew Briahton and also aet ready for 1977 construction. irle were here last September on the other portion, and we received the ap�roval of your Council on the prelir�nnary plans, and we w�ll use the same type of construction on this There will be no assessment `or the barriers. The cost vaill 6e naid for out of the gas tax revenues The barriers will �rotec� the first two rows of homes, the third row minht net some, and the plan is to cut the noise in half. The � � � P.EGULAR COUNCIL MEETING OF APRIL 19, 1976 PA�E 6 original noise level was around 70 or 75 decibels 41e are now rn the middle sixties, and last September some of those areas were as hinh as B3 decibels in some snots We will not be purchasinq any r�ght-of-way. All of this is �n the H�ahway rtaht-of-way. As to the maintenance, there are maintenance people who will be doinq a verv, very minimal maintenance on one side, and the people, we hope, will take care of the other side Mr. Qorson called upon the Hiqhway Architect to explain some of the plantino of hushes and trees, some of it on the freeway side and some on the resident's side of the wall, and he illustrated h�s remarks w�th the aid of a sltde pro,7ection RECESS• Mayor Nee called a recess at 9•52 P M. RECONUENED� Mayor Nee reconvened the meeting at 1D 07 P h1 Mr. Robinson, the Hi�hway Archrtect, resumed his talk. The Public Works Director said that it is anticipated that the matter will be brouaht back on P1ay 3 for a resolution that will �ive preliminary approval to the Hinhway �epartment. P-tayor Nee asked if there was anyone ooposed to it There was no resnonse Gladys Leitner, 671 Cherry Lane PJortheast, inquired about deletina a part of the barrier in her area The Public Works Dtrector said that he would talk to the parties concerned and let the Htqhway Department know the results. P40TION by Councilwoman Kukowski the public hearinn be closed. Second by Councilman Starwalt. Upon a voice vote, all votinq aye, �1ayor Nee declared the motion carried unanimously. OLD BUSINESS: RESOLUTION PdO. 37-1976 COPJFIRP4ING ASSESSMENT FOR ST. 1975-1 AND ST 1975-? STREET rnnnnnvrenrniT nnn irrTC rnoi rn n i� o i-rc Mr Farr accepted the Resolution wtth the changes that have been oroposed bv the Finance Director h10TI0N by Counctlwoman Kukowski to waive the readin� and adopt Resolut�on No 37-1q76 Seconded by Councilman Starwalt Upon a voice vote, all votina aye, P1a,yor Nee declared the motion carried unanimously ORDINANCE No 610 ESTABLISHIPJG A NEW CHAPTER 115 OF THE FRI�LEY CITY CODE ENTITLED SWIMMIPJG POOLS AfJD REPEALING PRIOR CHAPTER 115 MOTION by Hamerm k to waive the readincr and adoot Ordinance Plo 610 and publish Seconded by Councilwoman Kukotvski Upon a voice vote, all votinn aVe, ^layor Plee declared the motton carried unanimously NEW BUSINESS� CONSIDERATION OF FIRST REFl�ING OF A�d ORDIPlANCE TO A"1EPID CHAPTER 11 OF THE CITY CODE DF THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA 6Y CHANGIPlG CERTAIP! LICENSE FEES AND ADDING THE CITY CODE PJU�1�ERS The Finance Director stated t�at a few comments were brounht up at a staff ineetinn that could be inserted here as a first readinn if the Council is inclined to adont it. The first one is under Hotels and ^totels, and says $50 plus $5 a unit Where it shows servtce stattons we should say aasoline sales, that �s how �t is under Code 13, and that is the way the Ordinance reads Under Street Vencrng, it shows �10 and $20, that should say $2D and $3D, �ndustrial and residential, respectively. Trailer Parks have a�3 fee at the present time Perhaps we should have a$30 fee plus so much a unit. I am not sure what it should be P1aybe this can be channed in the second readina. REGULAR COUNCIL MEETINC OF APRIL 19, 1976 PAGE 7 Water Softeners are to be covered in a different section, and take tt out of this section entirely. The water softeners are under the buildtna code rather than the licensina code MOTIOfd by Councilman Starwalt to waive the readtng and adont the Ordinance on the first reading as amended Seconded by Counctlwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unantmously COPlSIDERATION OF FIRST READIPdG OF AP! ORD SECTION 5.02, EXPEN�ITURES BY PETITIO�lERS THE CITY CHARTER OF TIiE P10TIOPd by Councilman Starwalt to concur �n the Charter Commisston's recommendation. Seconded by Councilman Hamerm k Upon a voice vote, all votina aye, Playor Nee declared the motion carried unanimously SECTION 5 03, FURTHER REGULATIONS: Counc�lman Starwalt made a motion to concur with the Charter Commission's recommen- dations on Sect�on 5 03 Mayor Nee stated that the motion as it stands is for the entire sect�on Considerable discusston ensues over various narts of this section, and Dlayor Nee remarked on the meanin� to be attached to the 3rd, nth, and 5th lines of Section 5 03 MOTION by Councilman Fttzpatrick Section 5.03 be referred back to the Charter Commission to clarify that Section Second by Councilwoman Y.ukowski. Upon a vm ce vote, all voting aye, P9ayor Nee declared the motion carried unanimousl�. SECTION 5.05, FORM OF PETITION AfJD OF SICPIFlTUP,E PAPERS MOTION by Councilwoman Kukowski to concur with the Charter Commission's recommen- dations. Seconded by Councilman Starwalt. C J The City Attorney stated that you adopt also the lannuane that contains the nart , ±hat is being stricken Further, with the understandtna that it not be published unttl Section 5 03 comes back from the Charter Commission. Unon further discussion it was decided to ta61e Section 5 05. "10TION by Councilman Fitzpatrick to table Sect�on 5.J5. Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, P4ayor Pdee declared the motion carr�ed unanimously. SECTION 5 06. FILING OF PETITIONS AND ACTIOPd THEREOPd The C�ty ,4ttorney pointed out that there is the same type of lan�uaoe considerations as in the previous one, the matter of includinct the stricken lanauaae, that he didn't thrnk the Council uranted to adopt a Charter chanqe that would strike out one Section until the other one had been adopted. P40TIOPJ by Councilman Fitzpatrick to table Section 5.06. Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried una m mously SECTIOM 5 08. INITIATIVE 6ALLOTS MOTION by Councilwoman Kukowski to concur with the Charter Commtssions' recominendation. Seconded by Counc�lman Starwalt Upon a voice vote, all votinq aye, Mayor Nee � declared the motion carried unanimously SECTION 5 13, THE RECALL• MOTION by Councilwoman Kukowski to table the Section. Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. SECTIO�! 5 14. RECALL PETITIONS• MOTION by Councilwoman Kukowski to table the Section Seconded by Councilman Fitzpatrick Upon a vo�ce vote, all votinq aye, Playor flee declared the motion carried unanimously REGULAR COUNCIL MEETING OF APRIL 19, 1976 PA�E 8 SECTION 5.19, INSTRUCTIONS TO PETITIONS• MOTION by Councilman Fitzpatrick to concur with the Charter Commissions's recom- mendatton Seconded by Councilman Starwalt. Upon a voice vote, all votina aye, Mayor Nee declared the motion carried unanimously SECION 6 04. SUBORDIPlATE OFFICERS: MOTION by Councilman Starwalt to concur with the Charter Commission's recommendation � Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, P1ayor Nee declared the motion carried unanimously SECTION 6.05, PURCHASES AND CONTRACTS MOTION by Councilwoman Kukowski to concur with the Charter Commission's recommendations Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, �1ayor Nee declared the motion carr�ed unanimously SECTION 6.06, CONTRACTS, HOW LET MOTION by Councilman F�tzpatrick to concur with the Charter Commission's recommen- dations. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SECTION 7.D4, PREPARATION OF ANNUAL BUDGET Upon discussion it was dectded the Section needed clarification MOTION by Councilman Fttzpatrick to table the Section Seconded by Counc�lwoman Kukowskt Upon a voice vote, all voting aye, P1ayor Nee declared the motion carr�ed unanimously SECTION 7.05, PASSAGE OF THE BUDGET � MOTION by Councilman Fitzpatrick to table the Section Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. SECTION 7.09, LEVY AND COLLECTION OF TAXES MOTION by Councilwoman Kukowski to concur with the Charter Commission's recommendations Seconded by Councilman Starwalt. Upon a votce vote, all vot�na aye, Mayor Nee declared the motion carried unanimously. SECTION 7 14, ACCOUNTS AND REPOP,TS• MOTION by Councilwoman Kukowski to table the Section Seconded by Councilinan Starwalt Upon a vo�ce vote, all voting aye, P4ayor Nee declared the motion carried unantmously. SECTION 10.05, RATES AND CHARGES MOTION by Councilman Fitzpatrick to concur with the City Charter Commissions's recommendations. Seconded by Councilwoman Kukowski Unon a vo�ce vote, all votinq aye, Mayor Nee declared the motion carried unanimously SECTION 10.06, PROVISIONS OF FRANCHISES: � h�OTION by Councilman Starwalt to concur with the Charter Comi�ission's recommen- dations. Seconded by Councilwoman Kukowski Upon a voice vote, all votinp aye, Mayor Nee declared the motion carried unanimously SECTION 10 09, PUBLIC HEARINGS MOTIOP! by Councilwoman Kukowski to concur wrth the Charter Comm�ssion's recommen- dations. Seconded 6y Councilman Starwalt. Upon a voice vote, all votinn aye, P1ayor Nee declared the motion carried unanimously. The Ctty Attorney suggested the Council not have a f�rst readrna unt�l the matter comes back and then have the first read�ng on the whole thinn, otherwise the City may end up w�th two ordtnances The motion could be to approve those that had unanimous aqreement for a first readinq, or as an alternative, a motion to table until you get it back from the Charter Commission It is a matter of perference REGULAR CO�NCIL MEETING OF APRIL 19, 1976 PAGE 9 MOTION by Council Starwalt to table the first reading until the Council gets a report from the Charter Commission Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously PLAT SUBDIUISION PS #76-01 INNSBRUCK NORTH T041PJHOUSE IV APJD uniicr f1C1lCI 11DMCNT T u�G_ni • The Publ�c Works Director stated the Plann�ng Commission did recommend aoproval w�th certain stipulations, and in working with Darrel Farr a letter of understandinq and agreement has been worked out and with certain stinulations that have to be , met The Publ�c Works D�rector then read the stipulations in the letter from Darrel Farr of April 19, 1976 The Public Works Director said P1r Farr realizes that prior to the final approval of the plat that certatn items would have to be received by the City, and one of them is the easements for the public walkway that is ad,7acent to the lake in the 4th Addition This would provide the City with the ownership of the existinq walkway that is presently around the publ�c end of the park. The second is a performance bond for the exterior development, the liqhtinq, tennis courts, and recreational facilities. The City requires a copy of all deed restricttons and aqreements between Darrel Farr and the Townhouse Assoc�ation. Also required is a 7-foot t�ralkHiay to parallel the North Innsbruck Drive to Silver Lake Road, and to try to cope with the traffic problem The performance bond would also call for the construction of an additional traffic lane at the Silver Lake Road to ease the access. A maintenance bond of 55,000 to insure the maintenance of the streets. The Public Works Director enumerated other stipulations, and stated these were the 6as�c outlines of understanding P40TION by Councilman Starwalt to approve the Final Plat Subdivision PS #76-01 Innsbruck North Townhouse IU and V, and aporoval of Townhouse Development T#76-01 � Seconded by Counc�lwoman Kukowsk� Upon a votce vote, all votina aye, Mayor "lee declared the motion carried unanimously The nroup of c�tizens that met on the Innsbruck matter came back into the Council room to nive the results of their meetrn� CONTINUED PUBLIC HEARING AfJD CONSIDERATION OF FIPJAL PLAT SUBDIVISION P.S. #76-02, INNSBRUCK VILLAGE AND TOWNHOUSE DEVELOPMENT OF 100 UNITS, T�76-02, BY DARREL A FARR DEVELOPMENT CORPORATION FOR INNSBRUCK VILLAGE. Mayor Nee stated the rtem now beinq considered is the Final Plat Subdivision No 76-02 and Townhouse Development T#76-02 for Innsbrucl< Uillaqe Mr. Farr stated that one of the homeowners has a list that has been aqreed upon. Gary Samuel said they had arrived at somewhat of an anreement, and it may not be the perfect answer The City offered to make a couple of compromises, which helns. First of all, the Farr Corporation has agreed to move the units back a certain distance. There would be one-way lane enterinn, and emernency vehtcles could come up there. The Farr Corporation has agreed to do whatever soddinq or landscaping may be necessary to keep the area, Arthur Street and Ulest Barvar�an, developed aesthetically. D�scuss�on ensued on the various aspects of the aqreement in relation to streets, � angles, etc. MOTION by Councilman Starwalt to close the Public Hearrno and approve the Final Plat Subdivision P S #76-02 and Townhouse Develooment T�76-02, but sub7ect to all the agreements and the five stipulations. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot�n� aye, Playor Nee declared the motion carried unanimously Playor Plee thanked the audtence and P1r Farr for a reasonable compromtse The City P1anager said that it is encouraginq to see the people aetting toqether and solving problems, and the City would be glad to help tn any way that it can. If any one wishes to see any documents or plans, they should call the Public 4lorks D�rector and he will make that information available to them � � � REGULAR COUNCIL MEETING OF APRIL 19, 1976 RECEIVING OF THE PLANNING COPIPIISSION MEETING OF APRIL 7, 1976 PArE l0 E IMPROVEP�EfVT AND OUTSIDE �EVELOPP4ENT PLAPJ -"�APLE LAPJES, 6310 T H 65 �n.nir Tn nrmi iirrnni nr TNTC�IT rno i rniino i rrrnicr The Public Works �irector stated that the inatter was before the Council approx- imately a year ago on a resolution for a liauor license The applicant is remodeling his butldtng to brtng it into compliance with the code as it pertains to a liquor license, and the resolution stated that it would qo throu�h the various commissions; that a certain exterior development plan would be laid out and be revtewed by the Planning Commission The applicant has aqreed to proceed with any addittonal shrubbery and trees necessary to the build�na's exterior, and thts would be completed on an aqreed upon schedule and Mr Savakoul is here to answer any questions. Mr Savakoul made a short statement of h�s �ntent and purposes for the bu�lding, and some discussion ensued. h10TI0N by Councilman Starwalt to concur with the Planninq Commission's recommendation and approve the landscapinq Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carrted unanimously LEIGH TERRACE, P S. #76-03, OSBORNE ROAD APJD EAST RIVER ROAD MOTION by Councilman Fitzpatrtck to set a Public Hearinq for P1aY 10, 1976 Seconded by Counctiman Hamernik. Upon a voice vote, all votrnp aye, Mayor fJee declared the motion carried unamimously. J. HALUPTZOK, ZOA #76-01, 1240 73z AVENUE: MOTION by Councilman Starwalt to set the Publ�c Hearinq for P1ay lOth. Seconded by Counctlwoman Kukowskt Upon a voice vote, all votinq aye, Playor Plee declared the motion carrted unantmously. D. F. SEXTER, LOT SPLIT #76-02, EAST RIVER ROAD AND IRONTON STREET� The Public Works �irector stated the land is zoned R-3, and the request is for a lot split to 6uild two double bunqalows on R-3 oroperty There �s a concern here in that both the Ctty Enqineer and the County, at the apnropr�ate time, would like to secure certain easements for future improvements alonq the East Rtver Road, and we have been makinq th�s a cons�stent pattern here. MOTION by Councilman Frtzpatrick to concur with the Planninq Commission �n granttng the lot split with the stipulation that additional easements be granted to the City on the East River Road Seconded by Councilwoman Kukowski Upon a votce vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously. SUBSTAN�ARD 40' LOTS The Public Works Dtrector said the matter came through the Board of Appeals for a quideline on building on 40' lots MOTION by Councilman Fitzpatrick the matter be discussed at the City Counc�l Conference Meeting, April 26, 1976 Seconded by Councilman Starwalt Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. RESOLUTION #39-1976 REGARDING THE ISSUANCE OF INTOXICATIDIG LIqUOR LICENSE (JOHPI G Councilwoman Kukowskt asked �f they could chanqe the agenda order and move the item regard�nq the Issuance of an Intoxicatinq Liquor License forward on the anenda MOTION by Councilwoman Kukowski to suspend the rules and move cons�deration of the Resolution forward Seconded by Councilman Hamern�k. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTION by Councilinan Hamer m k to waive the reading and to adopt Resolution �39-1976. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all votinq aye, P1ayor Mee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF APRIL 19, 1976 CLAIMS PAGE 11 P10TION by Councilwoman Kukowski to approve claims as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously RECEIVING THE MINUTES OF THE POLICE COMf�ISSIOP� MEETING OF APRIL 6, 1975 G79 MOTION by Councilwoman Kukowski to receive the minutes of the Police Commission Meet�ng. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, f1ayor P1ee declared the motion carried unanimously. G THE f�INl1TES OF THE CATV COPIP�ISSION �+IEETINC OF APRIL 7, 1976• h10TI0N by Counc�lwoman Kukowski to receive the mtnutes of the CATV Commission Seconded by Chouncilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously I� CONSIDERATION OF P�IUTUAL AID AGREEMENT b1ITH CITY OF MAPLE GROVE TO JOIP! NORTH SUBURBAN P9UTUAL AID ASSOCIATION: P�IOTION by Counc�lman Starwalt to approve the mutual aid anreement. Seconded bv Councilwoman Kukowski. Upon a voice vote, all votinn aye, �1ayor Nee declared the motion carried unanimously. CONSI�ERATION OF AUTHORIZING PAYMENT FDR EASEMENT AC[1UISITI0�1 FOR SS STREET IMPROUEMENT PROJECT ST 1976-1• MOTION by Councilman Fitzpatrick to authorize the payment for easement ac�uisition Seconded by Councilwoman Kukowski. Upon a voice vote, all votina aye, Mayor Nee declared the mot�on carried unanimously. RESOLUTIDN N0. 38-1976 AUTHORIZINf SIGPIING AN AGREFf�1ENT ESTABLISHIfJG WOP,KIPJG CONDITIONS, U1P,GES AND HOURS FOR CERTAIP! EMPLOYEES REPRESEMTED BY LOCAL N0. 49, AFL-CIO (PUBLIC WdRKS APJD PARKS): The Finance Director recommended to the Council they adopt the Resolut�on. M�JTION by Councilman Hamernik to waive the readrn� and adopt Resolution �k38-1976 Seconded by Councilwoman Kukowski Upon a voice vote, all votina aye, f4ayor Plee dcclared the mot�on carried unanimously LICEP:SES It was �ointed out to the Council that Georae's Restaurant �n Frtdley had been recommended for approval because of the difficulties wtth the Camden Bridqe beinq closed, but he had been informed that �n the future he will have to meet the n0� Food reauirement P10TION by Councilman Starwalt to approve all of the licenses as on ftle in the City Clerk's Office Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, D1ayor Nee declared the moLion carried unanimously Mayor Nee �nqu�red about the ,7unk yard, and the Pu61ic l^lorks Dtrector said it was a legal, non-conforming use, but there are some administrative problems, and this will allow us to put �n some st�pulations. The bastc problem is that he has his property scattered all over other peonle's property. The City Attorney stated if this meets the requirements for a,7unk yard, then the City is required to qive him a license based on the arandfather clause. If he hasn't a license, then he can be prosecuted for not havinq a license If he has one, then he can be prosecuted for violatinc� the terms of the ltcense P10TION by Councilman Hamernik the stipulations as stated in the memorandum from Darrel Clark be a nart of the issuina of a license f�r P1r Hay�s. Seconded by Councilman Fitzpatrlck Upon a voice vote, all votinq aye, �1ayor Nee declared the motion carried unanimously. ESTIMATES MOTIOPI by Councilwoman Kukowski the follow�nn estimates be apnroved for oayment as presented. Seconded by Councilman Starwalt. Upon a voice vote, all votina aye, Mayor Nee declared the mot�on carr�ed unanimously. , ' REGUL�R COUNCIL MEETING OF APRIL 19, 1976 Smith, Juster, Feikema Chartered Suite 1250 Builders Exchange Building Mtnneapolis, Minnesota 55n02 Services of Ronald L Haskvttz concer m nn the Relief Association- PERA matter as of April 2, 1976 Smith, Juster, Feikema Chartered � Suite 1250 Builders Exchange Building Minneapolis, Minnesota 55402 � � Services of Prosecutor Carl � Newquist for h1arch, 1976 PA�E 12 $ 523.75 $1,4�1.25 RESOLUTIO�d #,40-1976 APPROVING AN� AUTHORIZING SIGNING THE AGREEP1ENT ESTABLISHIN6 WORKING CQNDITIONS, WAGES AND HOURS OF EP1PLOYEES OF THE CITY OF FRIDLEY P1UPIICIPAL LIQUOR STORES FOR THE YEAR: MOTION by Councilwoman Kukowski to adopt Resolution #40-1976. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously ADJOURNMENT MOTION by Councilwoman Kukowski the meeting be ad�ourned Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unan�mously and the Reqular Meetinq of the Fridley City Council of April 19, 1976 ad�ourned at 12:16 A.M. Respectfully submitted, John Chegwyn Counc�l Secr,eta�� � � I � ' i'LL �v � L� CL � LL���J � Approved• P1ay 10, 1976 /� f�(/i/��- L William J Nee Mayor �