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05/17/1976 - 00014812THE P1IPlUTES OF TNE REGULAR h1EETING OF THE FRIDLEY CITY COUfJCIL OF h1AY 17, 1976 The Regular P1eetinn of the Fridley City Council was called to order on P1ay 17, 1576, at 7:33 P f1 by Playor PJee PLE�GE OF ALLEGIANCE� P9ayor Nee welcomed those pres2nt and invited them to ,7oin the Council in the Pled�e of Alleqiance to the flaq ROLL CALL MEP1BERS PRESEflT MEf16ERS ABSEfJT PRESEPlTATIOf! Councilwoman Kukowski, Councilman Starwalt, Councilman Hamer m k, Councilman Fitzoatrick, and Mayor �dee. None. 6arbara Shea, Chairman, Fr�dley Human Resources Commission, said a week aao they were presented, by the League of Human P,iqhts Commission,�he 5th Annual State Award which was received by the Fridley Human P.e�ources Commission She read the lett?r She said that speal<inn for the Commission and for the Ctty of Fridley, we I:now it would be imposs�ble for us to have received this award without your sunoort and your concern, and �de thank ;ou very much. Playor �lee connratulated the Comnnssion on the accomplishment. FIPPROVAL OF �1INUTES REGULAR MEETIflG, APRIL 19, 1976 P10TION by Counc�lman Hamernil< to adont the minutes of Aprtl 19, 1976 as submttted. Seconded by Councilman Fitzpatrick. IJnon a voice vote, all votinn ave, Mayor flee declared the r�otion carried unanimously, ADOPTIOf! OF AGEPJDA: The Council added two items to the Aqen�a Discussien Renardinn oark pronerty at Innsbruck fJorth Par{< and D�scussion Re�ardinn f^TC Transit Shelters P10TI0'J by Councilman Hamernik to adopt the aqenda as amended. Seconded by Councilman Hamernil< Upon a voice vote, all votina aye, Mayor flee declared the motion carried unanimously OPEPd FORL"1, VISITORS fJo response PU6LIC HEAP�IPlGS PUBLIC HEARIfJG Ofd PROPOSED CHAP,TER CHAP!(;ES ^10TION by CouncilNioman Kukowsk� to waive the readinn of the notice Seconded by Councilman Fitzpatrick. Uoon a voice vote, al� votinn aye, Mayor flee declared the motion carried unam mouslv. The Finance D�rector stated that th�s was tk�e lenal �rocedure t,o cover the items that �,vere omitted from the publ�cation of noticz for the hearinq held Aprtl 12, 1976. These items were discussed nreviously b_y the Council. The items in auestion went back to The Charter Commission, and are incornorated rn the Ordinance that is in the agenda iLJ � � REGULAR COUNCIL MEETING OF MAY 17, 1976 PAGE 2 Part of the proposed chanqe related to lanauaae to be struck in Section 5 0� and �s as follows• "In case of inconsistency hetween two in�tiated ordinances approved at one election, the one approved by the hi�her nercentane of electors votinn on the question shall brevail to the extent of the inconsistency " Denm s Schneider said that he ur�es that the section as �roposed not 6e adopted. Councilman Starwalt asked Dennis Schneider as to what Denm s meant bY a substantial �number of persons, whether that meant a ma7ority or a siarificant num6er Dennis Schneider replied that it would be at least enouqh peo�le to force the referendum �n the first alace MOTION 6y Councilwoman Kukowski to close the public hearin� Seconded by Councilman Fitzpatr�ck Upon a voice vote, all votrnn aye, Playor Plee declared the motion carried unanimouslv OLD BUSIfJESS• COf1SIDERATIOP� OF SECDPID RFADIPdG OF ORLIINANCE ^�0. 611 AUTHORIZIfJG THE ISSUAPJCE OF GN-SALE IJINE LICENSES PRESCRI[�IPJG C�NDITIONS THEREDF M9Ef1DING CHAPTER 603 OF THF FRI�LEY CITY CODE BY ADDING A PlEW SECTION THERETO• AND AMEfI�IPJG CHAPTER 11, SECTION 11.10 OF THE CITY CODE RELATING TO FEES The Publtc bdorks Director said there was some discuss�on by the staff renard�na the applicability of havinn a snr�nkler svstem included in the wine lice;,se requirements The questton arose as to the clarification and interuretation of Section 603 225 on page 2-A of the aqenda. It lists certatn items, and the Public Works Director said that tn order to clarify it from an admin�stration standpotnt they would like to indicate that e sprinklinn system should, or should not, be required as a pai^t of the wrne license The staff commented on this in checkina w�th the Police and the Fi�re Departments as to the extent of the problem. The City Attorney stated that restaurants as such do not require s�rinklers unless they are over a certain stze, but any restaurant hav�nn a wine license -- well, that is somewhere in between, and I th�nk it is a decision the Council should make. It ti�nll be a simple matter to write in whether or not it is reo,uired Counctlwoman Kukowski said she was in favor of includinn the snrinkler svstem: also that the $500 initial investiqatton fee seems low and that it should be closer to $1,000. Councilman Hamernik replied that it seemed to him that $50� was a fair amount for an investtqation. He may not understand what is involved, but based on a fee of a700 for cont�nuin� services then $500 almost seems hinh. Councilwoman Kukowski said that she keeps thinktnn of it in comparison with the liquor licenses, and that we have to run t,hrounh certain investinatin� procedures and backqround checks and that maybe after a year it will cost us more than fi500 to run the check. Councilman Hamerm k said that perhaps it would be �n order to let it no for a year, and Councilman Fitzpatrtck renlied that after a year it doesn°t apply If a sprinkler system ts required, we are loadinn up the cost on the modest license. Counc�lman Fitzpatrick satd he would be in favor of the $500 Councilwoman Kukowski asked the Ctty Attorney how to amend the Ord�nance te �nsure that sprinkler systems would 6e required wtth a wine license The City Attorney advised that the proposed ordinance as written would include requirement of a sprinkler system Councilman Starwalt said he is in favar or anreement with both, but he doesn't know if the cost is in the ball park. MOTION by Councilman Hamerm k to waive the readincr and adopt Lhe Ordinance Seconded by Counctlwoman Kukowski. Playor Nee stated that it would be in order to amend it The amendment they are askinq for is Nrhether or not the Sectton 503 225 includes the requirement for the sprinkler system. f10TI0N by Councilwoman Kukowski to amend the motion to remove the snrinkler system requirement from the pro�osed Ordinance. Seconded b,y Councilman Fitz�atr�ck Upon a voice vote, all votinq nay, the amendment failed The Ctty Manaqer stated that it is an initial tnvestment that nays for itself over the years U� REGULAR COUfJCIL P1EETING OF ^1AY 17, 1976 PAGE 3 The vote was then taken on the original motion to ado�t the ordinance. Upon a Voice vote, all votinq aye, Playor Nee declared Ordinance Go 611 adopted and publication ordered CONSIDERATION OF SECOND READING OF ORDIfdAPlCE F P10TION by Councilman Starwalt to waive the readinq and approve the Drdinance on second readinq and order the publication Seconded by Councilwoman Kukowski. Upon a voice � vote, all vot�nq aye, Mayor Nee declared Ordinance flo. 612 adopted unantmously NEW BUSINESS: IDERATION OF FIRST READING OF AN ORDINANCE AP1EfJDIfdr, THE CITY SSIOT! P1EETIPl6 OF APF Discussion ensured as to whether this was the first reading of the ordinance, and the C�ty Attorney sugqested that it would be better to act on the whole thina on the first readinq; that that would be the best solution. P10TION by Councilman Fitzpatrick to accept the headina of the item as a first read�nc and to receive the m�nutes of the Charter Commissior meet�nq of Aoril 20, 1976, Seconde� by Counc�lman Hamer m k. Upon a vo�ce vote, all votinq aye, �1ayor �lee declared the motion carr�ed unanimously SECTION 5 02, EXPEPdDITURES BY PETITIOf�ERS: P10TIOfJ by Councilwoman Kul<owski to approve the proposal of the Charter Commission with reference to the amendment of Section 5 i12. Seconded by Councilman Starwalt. Uoon a voice vnte, all votinq aye, Playor Nee declared the motion carried unanimously. SECTI0�1 5 03, FURTHER REGULATIONS P90TIOP1 by Councilwoman Kukowski to concur in the channes tn this section Seconded by � Councilman Fitzpatrick. Unon a voice vote, all vot�ng aye, �layor PJee declared the motion carried unanimously SECTIOfd 5.05, FORP1 OF PETITION AND OF SIGPdATURE PAPERS• MOTION by Councilman Starwalt to concur with Section 5.05. Seconded by Councilman Fitzpatrick Upon a voice vote, all vot�nq aye, Mayor Nee declared the mot�on carried unanimously SECTIOPd 5.06, FILING OF PETITIONS AND ACTION THEREO�! P40TIOfd 6y Councilman Hamernik to concur with this Section. Seconded by Councilman Starwalt Upon a voice vote, all votina aye, P�layor Nee declared the motion carried unanimously SECTIOPd 5 �8. INITIATIVE BALLOTS� P10TIDN by Councilman Hamernik to concur. Seconded 6y Councilman Starwalt. h1ayor Mee stated that this is the matter that he �s uneasy about as it returns the matter to the City Council. Playor PJee asked if anyone was present from the Charter Commission. There was no response. Upon a voice vote, Councilmen Starwalt, Fitzpatrick, Hamerm k, and Councilwoman Kukowsl<i voted aye Playor PJee voted nay "layor Nee declared the motion failed by a four-to-one vote. (On the final adoptino motion only those sections concurred with unanimously were adopted ) ' SECTIOfJ 5 13, THE RECALL• P10TION by Counc�lman F�tznatr�ck to concur Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. SECTION 5.14. RECALL PETITIONS: MOTION by Councilman Starwalt to concur Seconded by Councilman Hamerm k. Upon a voice vote, all vot�nq aye, Mayor flee declared the motion carried una m mously. SECTIO�� 5.19. INSTRUCTIONS TO PETITIONERS MOTION by Councilwoman Kukowski to concur Seconded 6y Councilman Hamer m k. Upon a voice vote, all votinq aye, Playor Nee declared the motion carried unanimously REGULAR COUNCIL P9EETING OF MAY 17, 1976 SECTION 6.04, SUBOR�IfJATE OFFICERS PAGE 4 MOTION by Councilwoman Kukowski to concur. Seconded by Councilman Hamernik Upon a voice vote, all votinq aye, P9ayor Pdee declared the motion carr�ed unanimously SECTION 6.05, Pl1RCHASES AND CONTRACTS: MOTION by Councilman Fitzpatrick to concur Seconded by Councilwoman Kukowski Upon a � voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SECTION 6.06. CONTRACTS, HOW LET MOTION by Councilwoman Kukowski to concur. Seconded by Counc�lman Fitzpatrick Upon a voice vote, all voting aye, Playor Nee declared the motion carr�ed unanimously SECTI04! 7.0�4, PREPARATION OF ANNUAL BUDGET MOTION by Councilwoman Kukowski to concur Seconded by Councilman Hamernik. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unam mously SECTION 7.05, PASSAGE 01= THE BUDGET MOTION by Counc�lman Starwalt to concur. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously SECTION 7.09, LEVY AND COLLECTION OF TAXES P40TION by Councilman Fitzpatrick to concur Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Dlee declared the mot�on carried unanimously SECTIOhJ 7.14. ACCOUPJTS AND REPORTS: MOTION by Councilman Hamern�k to concur with Section 7.14 w�th superfluous words removed. Seconded 6y Councilwoman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously SECTION 10 05, RATES AND CHARGES: MOTION by Councilman Fitzpatrick to concur. Seconded by Councilman Hamernik Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously SECTION 10.06, PROVISION OF FRANCHISES: MDTION by Councilman Starwalt to concur. Seconded by Counc�lman F�tzpatrick Upon a votce vote, all voting aye, Playor Nee declared the motion carried unanimously SECTION 10.09. PUBLIC HEARIPdGS: MOTION by Counctlwoman Kukowski to concur. Seconded bV Ceuncilman Hamerntk Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Th e City Attorney said that he had a question regardina Section 5.08; that it was not handled the way the Charter Commiss�on proposes Councilman Starwalt replied that the Council failed to pass Sect�on 5.08, and the rlayor said that if we fail to adopt it unanimously they have the authority to put it on the ballot The City Attarney said there is another pr,oblem. It is conceivable that you ma_y have two proposals on the same sub�ect that are being voted on by the same electors It is �conceivable that you may have a proposal to enact an ordinance wh�ch has been passed and is inconsistent with some other ordinance or statute and which may �resent a pro61 em. MOTION by Councilman Starwalt to adopt the ordinance on its ftrst readinp but only those which had a unanimous vote. (All of the pr000sed chanqes except those relatinq to Section 5 08 ) Seconded by Councilwoman Kukowsk� Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. CO�JSIDERATION OF FIRST READING OF AN ORDINAPICE AMENDING CHAPTER 206 OF THE FRIDLEY CITY CODE PERTAINING TO THE BUILDING CDDE APJ� PER�1IT FEES The Public Works Director stated Section 206.01 is what we are tryinq to update, by w � REGULAR COUNCIL MEETING OF MAY 17, 1976 PAGE 5 suggesting that certain appendices of the Plinnesota Build�nq Code and the Uniform Buildinq Code be adopted. Upon the initial adoption of Se�tion 206.01 they were inadvertently left out The present buildinq code indicates that in certain cases the municipalities may adopt the appendices and that we need to specifically point out the adoption of the various items The Publ�c Works Director said that Section 206.D11 involves the establishment of fees. On May 3rd, the administration proposed the adoption of a valuation method for building permits which was to provide a fair and equitable method for various types of construction that would cover the City's cost in providinq the City services, and that by the adoption of this we would be in untformity with the other parts of the �etropolitan area The staff had a meetinq to determine in which areas the City was not gettinq enouph fees to cover the services rendered, and in the area of residential areas we were not qettinq enouqh fees to cover our expenses. What we did was to revise it and that is what you see before you tonight, and it includes a revision to the existing rate for the cubic footaqe for residential construction. At the present time the City of Fridley is ustnn the cubic footaqe rate of determination for butlding permits Wtth the channes the City of Frtdley could feel confident the costs for the bui]dinq inspections could be met. The Public Works Director continued wrth examples of the chanqes in rates and classifications P90TION by Counc�lman Starwalt to adopt the ordinance on first readinq and waive the readinq Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF rIRST REFlDING OF AN ORDIPIANCE FOR REZO�JING REQUEST, ZONING OR�INAPJCE AMEP,iDMENT ZOA H76-01. BY JDHN HALUPTZOK. FROM C-1S TO P1-1. GENERALLY LOCATED 41EST OF MOTIOPd by Councilman Starwalt to waive the readinq and adopt the ordinance on first reading. Seconded by Counctlman Hamer m k Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously CONSI�ERATION OF FIRST READING OF AN ORDIPIANCE LICENSING BINGO OPERATIONS: The C�ty Attorney addressed the Council, the Chairman, and members of the aud�ence and said that the 1976 lepislative session passed a state statute that requires a mum cipality to adopt a binqo ord�nance tf the municipality ts aoing to pernnt bingo to be operated or conducted within the City, The statute, sa�d the City Attorney, is fairly long and it contains a lot of regulations and rules, and if the City ts going to permit the qame then it must, at a minimum, adopt all of the requirements that are in the statute The City has the author�ty to prohibit btnqo within the mum cipality and also has the authority to add additional regulations to those that are contained in the statute. At the request of the P4ayor l did prepare a skeleton ordinance and a memo that sets out what I thought would be the questions the Council shculd answer. I would perhaps suggest that first of all the Council address itself to the question of whether it chooses to permit the continuina of binqo qames in the City You should note that within the statute is a definition of those orqanizations that can conduct games, and I would be of the op�n�on the orqam zations that we have in the City that have been conducting binpo games �,vould qualify Some of the requirements that I recall would be that they must have 6een in existence for three years, must have 30 members in the orgam zation, and they must be a charitable and non-profit organizat�on, and I assume the three organizations �n the City meet those requirements. There is also a requirement in the statute as to what people can work the aames. They have to be members of the organization or spouses of the members of the orqantzation. Or, if they are not, it is my recollection there has to be a resolution passed by the organizatton to let outsiders work at the name The statutes say that anybody workirg the game may not receive more than $12 per sess�on It also qoes on to say how may games the orqanization may conduct, and basically I believe that is not more than 104 or two a week � � � �f� J REGULAR COUNCIL h9EETING OF MAY 17, 1976 There are a number of sections that pertain to the financial kept by the organization and the various reports that must 6e mumcipal i ty. PAGE 6 records that must be submitted ta the In my memorandum I made reference to the fact that the C�ty may charge a 7icense fee; you will note a reference to charges for fees, licenses and taxes That �s the only thing contained in the statute I am ,7ust assumina the Counc�l has the author�ty to charge those things, although there is nothina spelled out as to the amount that can be charged. Just to conclude my comments, I feel, �f the City �s qoinq to conscient�ously enforce the statute, somebody on the staff would be required to spend a fair amount of time w�th these organizattons to check games and records that have to be submitted My other suggestion would be that if the Council does determine it wants to start the process of adopttng a licensing ordinance for this sub,7ect, perhaps it can pass tt on the first reading and between now and the next meetinq you will have a chance to become more familiar with the statute and be better a61e to determine if you a�ant to have additional restrictions. Mayor Nee remarked that the time element indicated the appl�cations must be in by �une lst accordtng to the statutes, and the C7ty Attorney replied that as a practical matter two things will happen First of all, this statute has not been published by 4Jest Publishinq which is the organization that sends them out to the attorneys, judnes, and the courts The City Attorney said he checked the law ltbrary and the county library for the �nformat�on, but he had to go to the legislature to get this information, that he didn't think that many mum cipalities will be considerrnq it as early as Fridley is doing Further, there is a provision in there that says if a C�ty oermits the oraanizations to conduct the qames and has not adopted a licenstnn procedure, then �t is assumed they have adopted all of the provisions of the state statute Mayor Nee asked if there were appearances on the part of anyone concernina th�s matter, and P,tchard D French, Ron Bollinqer, Maynard A"leilson, and Lawrence Conrad responded The Finance Director said that copies of the law could be obtained at the City offices in the morning. The City Attorney said the bill has not been printed as yet Playor Nee asked what a reasonable fee miaht be if the City went ahead with th�s matter P1r Richard French said, maybe I have some informat�on that will be input to you in helprng you to establish your fee. We are very familtar with the state statute We meet all of the qualificat�ons, and have done so for some time. I don't know what some of the other qroups do 41e take a very healthy percentaqe of the qross each year ble have a cor�mission of seven fellows to dispense the charity, and they are elected at larqe by the wembership of 600 members. Much of the additional money is channeled throucth our events and pronrams 4!e spend in the ne�ghborhood of $10,000 a year in sponsorina youth activit�es, that basically is from binqo. I wouldn't want tt to be said that we don't use money from this fund to improve our facilities We do. We do spend a nreat deal of it in charitable activities, and I am sure some of the other aroups do also We also spend a considerable amount of money in community activity throunhout the area We are also aware of the situation that occurred in St Paul We feel that we run the game and the kind of a qame that should be run and wish that everybody else would �be doing the same, We use our own people, and we have control of the hame It is our building, our proqram, and we want to run it We have studied the statutes and have found no quarrel with it whatsoever We feel that we have conformed to what is �n the statutes for several years. The City Attorney said that perhaps it would be well that between now and the next meetTng the Counctl and the staff aet toaether and Ro throuqh tM s Perhaps a summary of what the law requires a mum ctpality to do The City Attorney further stated that �n his memorandum at least yearly the orqanizat�ons must su6mit to the City the reports that are enumerated in Sectton 11. The statute also reau�res the ornam zations to keep monthly reports as to their income and expenditures, and, as I suqqested in my memorandum, the C�ty miqht want copies to send to somebody in the adm�m stration �A REGULAR COUNCIL MEETIfdG OF h1AY 17, 1976 PAGE 7 Also, whether the C�ty will or would want to have the names of those persons from the orga m zat�ons, or other qualifted persons, who work the names s�ibmttted to the Counc�l so that the administration would know who are the people that are authorized to work at these games This might be another area that could be relevant Mayor Nee inquired if there is a qeneral consensus that we could adopt it with a zero in the licensrnq fee� The C�ty Attorney said yes, and in the skeleton ordinance that he drew up he put in one section which indicated it would be used for additional regulations over and above what the statutes require if the ma,7ority of the Council feels they want to have add�t�onal requlations, that has a blank number also The City Attorney went on to say that he imaaines that the City would further restrict the number of qames that could 6e held below the 104 finure He assumes from the way the statute is written that the City would further restrict the amount of money that cai� 6e givenout on any game or both, and could also restrict the hours. The City Attorney said that as he reads the statutes the leaislature is qivinq the mim mum required, but the Council has the authority to be more restrictive. In response to the P9ayor's question, the City attorney said that in the case of a church whtch only wanted it for one tir�e it possibly could be handled in a manner similar to auctions where there is an annual fee. P1r Richard French said the nrouos that operate in Fridley don't present a problem to the City They run themselves The problem was clearly pointed out tn St. Paul where they rented the building to other people and let other people run the qame. He stated that he knew of one that runs seven ninhts a week, and that is excessive Two niqhts a week is realisttc. They would take in huqe sums of money on some nights, and much would be bled off by the people for non-community or non-charitable purposes. Mayor Nee inquired about havinq a first readrnq and then cleaninq it up so as to �et into the correct leqal position MOTICIN by Co�mcilwoman Kukowski to waive the readinq and adopt the ordinance on first reading Seconded by Councilman Starwalt. The C�ty Attorney said that if the Council intended to act on the secord read�nq that the Council 4vi11 have to qive some directions if it wants some addittonal chane�es or some additions to be made Maycr Nee replied that there will be some discussion of this matter next Monday m ght, which is not a regular council meetinq niqht, but all are welcome to attend, mainly with reference to the licensing fees. Mr Richard French sa�d that they operate two nic�hts a week, that it is a lot of w�ork, and it takes quite a large number of people to run the sesston if it ts to be run properly; that $12 a session makes it a bit of a problem to aet help. Mr Richard French said that when you have 600 mem6ers and 600 wives and this ts constantly changina, it may oresent some problems for you. He further stated that in a arouo of the size that he represents there is a turnover of people almost on a constant basis He and h�s orqa m zation would like to see �t held strictly to the members or their spouses No autsiders The City Attorney said there is a prov�sion in the statute that would permit �eople other than members and their wives, but thts miqht be one area where the Counctl could be more restr�ctive. Upon a voice vote, all vot�nq aye, Mayor Nee declared the motion carrted unanimousl,y COfdSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P S. ;�76-�'13, LEIGH TERRACE. BY The Public l�lorks Director said this is i.he final plat, and we had a pub1lc hearing on it on P1ay 10 This is qenerally located on the west side of the intersection of Osborne Road and East R�ver Road, and it consists of 11 lots. It should be noted that if the plat is adonted or approved there are thrPe lots north of Osborne that do not meet the requirement of 9,000 square feet The Plannrnq Commission recommended approval with the mim mum number of square feet on the three lots based on the fact tha± the St Paul Water Works owns the property north of these lots and the area will rema�n open space and tt will be usable by the prooerty owners. The St. Paul Water Worl<s �s the fee owner of the property, and it is in no way included in the proposal It was only considered due to the fact that it Nnll remain essentially open space and �� � � REGULAR COUNCIL PIEETING OF P4AY 17, 1476 PAGE 8 to the passers-by tt will look like park property. The basic plat was worked out with the developer and the County and the City in reaard to the proposed improvement of Osborne Road and East River Road. The developer has provided the necessary ricthz-of-way and one of the stipulations is there should be a ten-foot sidewalk easement alonq East River Road Mr. Doyle is here. Councilman Fitzpatrick asked if the administration had any other recommendations or stipulattons to make concerninq the plat The Public blorks Director said no The Pu61ic Works Director said that he understands that another stipulation is that the developer proceed w�th attachrng by covenant the possib�lity of use of the St Paul Water Department property to the developer's property The City Attorney replied that he thought that that could not be done At the best they would have a wrttten understandinq with the St Paul blater Works that they could use the property, but that permission could be terminated whenever the St Paul Water Works wanted to termtnate tt. As a practtcal matter, the City Attorney said, the situation has 6een there for lOD years, and that he imaq�nes that the Council could use that as a reason for qrantinq a variance with the understanding and that if whoever would own the lands wanted to maintain the area for open space that St. Paul would not terminate the arranqement unless something very unusual would happen Mr poyle said that his plan was to put in a temporary, qraveled street until the street improvements could be worked out by the City As far as he is concerned, he can see no reason why the traffic cannot qo 6ack and exit on Talmad4e or 75th Way. To begin with, the City Admim strat�on is qotnq to need some time to fit it in with the state aid requirements. If they can qet it done this year, fine The Public Works �irector said they are workinq on that In the petition there is a statement that he wants the roadway improved and the assessment placed anatnst the 11 lots. A pu6lic hearing would not be requtred. � Mr. Doyle asked that the name Osborne Road be chanqed to Osborne blay P10TIOP! by Councilman Fitzpatrtck to approve final plat subdivision P S, �76�03, and grant the necessary variances with the following stipulations 1. A ten-foot sidewalk easement along East River Road 2. That the new property owners be notified that the exit of Os6orne Way onto East Rtver Road would be 6arricaded until the completion of the improvement of the intersectton after which improvement Osborne Way would connect onto East River Road. 3. The developer pursue the possibility of underqround utilities Seconded by Councilman Hamernik. Upon a voice vote, all votrnq aye, Playor Nee declared the motion carried unam mously. RECEIIJING THE P1INUTES OF THE PLAPdD1ING COMP9ISIOPJ PIEETING OF MAY 5, 197G C�NSIDERATION OF APPEALS COh1�1ISSI0N P1INUTES OF APRIL 27. 1976 A. C. MATTSON, 6270 RIVIEW TERRACE. The Pu61ic Works Director stated that this is a reauest for a sideyard variance � from ten feet to six feet, and the matter is before the Council as a resu't of a non- unanimous vote of the Board of Appeals The pet�tioner states that because of an error in lot w�dth it has necessitated this request for the variance. P9r P1attson is present. h1r. Mattson explained the d�fficulties in placrna his house and garaqe on the lot Primarily it stemmed from the lot beinq almost four feet less in w�dth than he was led to belteve at the time he bouqht it. MOTION by Counctlman Fitzpatrick to concur with the recommendation of the Board of Appeals to approve the variance Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ��, i REGULAR COUNCIL PIFETIPJG OF MAY 17, 1976 FRIDLEY VFW, 1040 OSBORNE ROAD PAGE 9 The Public Works Director satd this was a request for a variance or reduction in the distance from a public riqht-of-way to a siqn from ten feet to seven feet A new sidewalk is proposed for the structure and there would be approxtmately two feet between the sidewalk and the exist�nn s�qn or seven feet from the riqht-of-way to that siqn. The sian is basically a brick structure in the shape of a U to indicate VFW post, and it would have a flaq pole stmilar to the one at the C�ty Hall P�DTION by Councilman Hamernik to qrant the variance. Seconded by Councilman Starwalt Upon a vo�ce vote, all votinq aye, Mayor Nee declared the motton carried unanimously ROBERT �EGARDNER, ZOA #76-02. 6431 TH#65. R-3A TO CR- The Public Works Director sa�d that the Planning Commission did recommend denial based on the fact the surroundina area is res�dential and that some ob�ections have been noted by property ovtners The City Attorney said that a public hearinq could 6e held "1r DeGardner said that he would like a public hearinq on the t�roposal. He said the qrounds on which the Plannrna Commission re,7ected the proposal were somethtng that he didn't agree with, and he would like to show the Mayor and the Council the building he has in mind for the area, and try to show that maybe this area �s not residential. Mr DeGardner continued 6y sayina that he talked to the aroperty owners to the north, and that the houses on the east side of 65 are residential. The people on the corner of Mississippi and Central Avenue have been approached many times for rezo m na their propert,y and they were always opposed to it. The one immed�ately to the north is in favor of the proposal, which is to put a professional buildinq in. The area is zoned multiple dwellinq now, and �n his estimat�on tt is a down-nradinq of the zon�nq. P�OTION 6y Councilman Starwalt to set a public hearing in this matter on June 14, 1976 Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, Mayor flee declared the motion carried unam mously. HEATHER NILLS 3P,D ADDITION, P.S. t176-0�4, P1IKE 0'BAPdPlON: MOTION by Councilman StarN�alt to set up a nublic heartnct for June 1�}, 1976. Seconded by Councilwoman I<ukowski. Upon a voice vote, all votinq aye, Playor Plee declared the motion carried unanimously. RECEIVIPlG MINUTES OF THE POLICE CIVIL SERUICE COP"^1ISSION PIEETING OF P^AY �, 1976: P10TION 6y Councilwoman Kukowski to receive the minutes Seconded by Counc�lman Fitzpatrick Upon a voice vote, all votinq aye, Playor Nee declared the motion carried unanimously RESOLUTION NO 44-1976 ORDERING I"1PROVEf1EPJT, APPRDVAL OF PLANS �4ND ADVERTISING FOR 6IDS STRFET II"PRGUEPICP!T PROJECT ST 1976-10 SEALCOATIPIG : The Public Works Director stated this is a maintenance pronram to keep the streets �n an improved condition and to prevent excessive repair. The work can be done in a couple of days, and it sets up in a week to ten days, and to date there have not been compla�nts MOTION by Councilman Fitzoatrick to adopt Resolution No. �4�-1976. Secorded by Councilwoman Kukowsk�. Upon a votce vote, all ��otinq aye, Mayor Plee declared the motion carr�ed unanimously RESOLUTION NO a5-197` AUTHORI?IN, AND DIRECTIPIG THF SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 6- 9, BLOCK 2, OPlAWAY AC�DITIOPJ MOTIOPI by Councilwoman Kukowski to adopt Nesolution Plo 45-1976 Seconded by Councilman Starwalt. Upon a voice vote, all vot�nn aye, f1ayor P1ee declared the motion carried unammously � ' C� REGULAR COUNCIL MEETING OF P1AY 17, 1976 CONSIDERATION OF SELLING LOTS 1D AN� 11, BLOCK 6. OAK GROVE ADDITION PAGE 10 P1r. Brunsell, the Fin�nce Director, said that the C�ty d�d sell part of that property prev�ously, but the City still owns lots 10 and 11 The two lots would make a very nice building site. The Public Works Director said that these three lots were a waterway at one t�me They were filled in, and there was a feelinq that lots 12 and 13, now built upon, were perhaps filled in higher than they should be. The lot on McKinley in the last wet year encountered a water problem The Public Works Director said that all alonn the whole east line of Lot 10 throuqh basically half of Lot 12 there was a swale. There is a swale to the east on the short side of Lot 8 of Clark's Addition and it proceeds southerly alonn the east side of Lot 8 to tie into the existin� storm sewer. He stated that he had been in contact with the person havinq the water problem, but there is no nroblem He has not seen evidence of a wet basement and we have the factlities to take away the water We have yet to see the ditch filled. The Public Works Director stated that he feels the dra�naqe problem is solved, but he wtll contact the perscn and have a talk w�th him ihe City Planager said that if the maxtmum price as obtained by the biddinq process is not enouqh, then the price can be re,7ected MOTIOfJ by Councilman Starwalt to consider the lots as surplus and sell them bv a sealed bid nrocess Seconded by Councilwoman Kukowski. Unon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimousl��. CONSPDERATION OF ESTIMATES MOTION 6y Councilman F�tzpatr�ck to pay the estimate for April, 1976 for Prosecutor Carl Newqutst tn the ar�ount of v1,205 00 and for Vi�°gi� Herric4�, Citv Attorney in the amount of $1,551.13 as submitted. Seconded by Councilwoman Kukos�rski Upon a voice �rote, all votinn aye, P�ayor "!ee �eclared the motion carried unammously �CLAIMS: P10TION by Councilwoman Kukowski to pay the claims fJo 1d709 - 14916 Seconded by Councilman Starwalt Upon a voice vote, all votrna aye, Playor Plee declared the wotion carried unanimously. LICENSES: MOTION by Councilman Starwalt to qrant the request of the Fridle�r Firefinhters' Flssociation for a temporary license to sell 3.2 6eer and to waive the fee Seconded by Councilwomar. Kukowski. Upon a voice vote, all votinr, aye, �iavor Plee declared the motion carried unantmously. D10TION by Councilman Starwalt to approve the licenses as submitted and as on file in the office of the Ctty Clerk. Seconded by Councilwoman ICukowski. Upon a vo�ce vot�a, all votinq aye, Mayor Nee declared the motion carried unan�mously APPOINTP4ENT CITY EP9PLOYEE P90TION by Councilwoman Kukowski to concur with the a�po�ntment Seconded bv Councilman Hamernik. Upon a voice vote, all votinn aye, ��ayor flee declared ±he motion carried unanimously. EFFECTIVE PJAPIE POSITION SALARY �ATE REPLACES �Elaine J. Tib6etts Clerk Tvnist �595 �1ay 10, Helen Fanin 18550 Cedar Drive N W. City P1ana�lement per 197F Cedar, P4innesota 55011 Department f1onth (Crade 5) CORRESPOPJDENCE• CA6LE TELEUISION COPIP4ISSION. CABLE SEf1INAR: MOTION by Councilman Fitzpatriek that the City underwrite the cost of having a comr�nttee member attend the seminar at Atlanta, Georgia on June 3rd and 4th, Seconded by Councilwoman �:u;:owski. Upon a voice vote, Councilman Starwalt and Counc�lr�?n Hamernik voting nay, �iayor Nee asked the City Attorney to check whether a 3 to 2 vote is sufficient to adopt the motion. MOTION by Councilm�n hamerm k to approve Mayor vee attendinq the Conq�°essional Sub-Comr��ttee Meeting on Cable TV in Washington, D C Seconded by Councilman Fttznatrick. Unon a voice vote, all votinq aye, Playor Nee declared the motion carried unanimously. Y�-, REGULAR COUPJClL f1EETIMG OF MAY 17, 1976 �ISCUSSION REGARDIN6 P1TC TRAPdSIT SHELTFRS PAGE 11 Ptayor idee said that the staff did a fine lob in securin� the cooperation of the P1etropolitan Transii Commiss�on and in nettinn us the number of shelters initially rectuested He asked that a letter of thanks be written to "9ayor Plawrocki. h1DTI0fJ by Counctlman Starwalt that staff prepare a letter of thanks to P1ayor Nawrocki for 'layor Nee's siqnature Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, �layor Nee declared the motion carried unanimously DISCUSSIOfI REGARDI�JG PARK PROPERTY AT INPlSBRUCK PlDRTH PARK: The Council instructed the staff not to sell the tax forfeit property abutting Gardena Avenue this year They are to review for sale sometime in the future. ADJOURPlP1EP1T MOTION by Councilwoman Kukowski the meetinn be ad,7ourned. Seconded 6v Councilman Fitzpatrick Upon a voice vote, all votrna aye, Mayor Nee declared the motton carried unanimously and the Regular Meetinq of the Fridley City Council of �1ay 17, 1976 ad,7ourned at 11 12 P P1 Respectfully subnitted, John Cheqwyn Council Secretary � . C� �� phlltam �. Nee "iayor Approved: June 7, 1976 LJ 1 �