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06/21/1976 - 00014780, THE MINUTES OF THE REGULAR P9EETING OF THE FRIDLEY CITY COUNCIL OF JUNE 21, 1976 The regular meet7ng of the Fridley City Council of June 21, 1976 was called to order 6y Mayor Nee at 7:37 p.m �PLEDGE OF ALLEGIANCE� Mayor Nee welcomed the audience and tnvited them to ,7oin with the Council in saying the Pledge of Allegiance to the Flag ROLL CALL: PIEMBERS PRESENT: Councilwoman Kukowski, Councilman Starwalt, Counctlman Hamer m k, Mayor Nee, and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES� REGULAR MEETING, JUNE 7, 1976 MOTION by Councilwoman Kukowski to approve the minutes as submitted Seconded by Counci1man Hamernik Upon a voice vote, all votinq aye, P1ayor Nee declared the motion carried unantmously. ADOPT?ON OF THE AGENDA• Mayor Nee stated he would like to add, "Recetving Commum cation from the Fridley Police Pension Assoc�ation". �MOTION by Councilman Hamer m k to adopt the aqenda as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. OPEN FORUM, VISIT�RS: Mr. Ed Wilmes recounted his efforts with various councils and nersons to get letters of approval that would go to the Metropolitan Council towards the establishinp of the Islands of Peace as a special use regional park He asked the City Council for the�r approval of the matter. MOTION 6y Councilwoman Kukowski that the staff prepare a letter to the Pletropolitan Council designat7ng the Islands of Peace as a reqional special use park Seconded by Counctlman Fitzpatrick Upon a voice vote, all voting aye, ^1ayor Nee declared the motion carried unanimously. PUBLIC HEARINGS- IC HEARI P S #76-04 or� Mr. 0'Bannon stated that the terrain was difficult to work with. He could have nine undesirable lots or he could have eiqht lots all buildable, all in con,7unction wrth �advice from the City Engineer Councilman Starwalt questioned the status of the parcel of land immedtately to the west of this plat and as to rts access Assistant City Engineer, Tom Colbert, responded that this parcel had been dedicated to the C�ty by Mr. �'Bannon for park and drainaqe purposes and access was beinq provided with a 20' drainage utility, and bikevday/walkway easement alon� the storm sewer alignment MOTION by Councilwoman Kukowski to close the publ�c hearinn. Seconded by Councilman Starwalt. Upon a votce vote, all votinq aye, Mayor fdee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JUNE Ll, 1976 PAGE 2 CONTINUED PUBLIC FIEARING ON REZOP�IPdG REOUEST, ZONING ORDINANCE AP�EPJDMENT, ZOA �`76-02 Mr DeGardner was present and explained his views of his plat to the Ctty Counc�l also showed the diagrams of his buildin9 to the Council. Mayor Nee said that the letter from Mr. Russell Burris, 1150 Mississippi Street Northeast, dated June 21, 1976, should be entered into the record. Mr Arnold Elmquist, 8140 Long Lake Road Northeast. was present and reiterated his opinions of last week at the City Council meetinq Councilman Fitzpatrick said he had a letter from a woman who satd she did not ob,7ect to the building but she would ob�ect to further changes tn the R-1 character of the district He Mr. Richard Harris, 6200 Riverview Terrace Northeast (Plamm �g Commission Chairman), stated that if the City Counc�l does concur with the request, then a request should go to the Planning Commission to re-study the whole area so that the comprehensive plan of the City can be amended It now states that the characteristics of this area should be residential Mayor Nee read a letter to the audience from P9r Neil W Stuber, 6452 Dellwood Drive Northeast, in which Mr Stuber expresses his opposttion to the rezoninq request. MOTION by Councilman Starwalt to close the publ�c hearinq. Seconded by Councilwoman Kukowski The matter will come u� agatn durtna the first meetrna tn July. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PU6LIC HEARING ON A UARIANCE REQUEST BY KENNETH SPORRE TO REDUCE THE FRONT YAR� MOTION by Councilman Starwalt to open the hearing and waive the reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTION by Councilman Starwalt to close the hearinq Seconded by Councilman Fitzpatrick. Upon a voice vote, all veting aye, Mayor Nee declared the motion carried unanimously. MOTION 6y Councilman F�tzpatrick to concur with the recommendat�ons of the Appeals Commission and grant the var�ance. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously OLD BUSINESS. COPJSIDERATION OF A REQUEST FOR UARIANCE BY A L WILLIAMS, 533 GLEPICOE, FOR LOT AREA REDUCTION FROM 7500 SQUARE FEET TO 5500 SQUARE FEET TABLED 6/7/76 MOTION by Councilman Fitzpatrick that the City Council concur with the Appeals Commission and grant the variance. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P�ayor Nee declared the mot�on carried unan�mousl_v. NEW BUSINESS• CONSI�ERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. #76-04, BY MIKE 0'BANNON, HEATHER HILLS 3RD ADDITION. MOTION by Councilman Starwalt to approve the final plat. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �J � � ._�� REGULAR COUNCIL MEETIflG OF JUNE 21, 1976 PAGE 3 �u CONSIDERATIDN OF REQUEST BY FRIDLEY JAYCEES FOR ASSISTANCE �URING SLOW PITCH TOURNAMENT MOTION by Councilman Fitzpatrick that the request be granted and to wa�ve the fee for the 3.2 beer, to participate in the erection of the fencinq, to have one park employee supervise the work of the volunteers, and that the parking signs be covered on the east side of 7th Street and on the south side of 61st Avenue. Seconded by Counctlman Hamernik. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF �UNE 9, 1976 MOTION by Councilman Fitzpatrick to receive the minutes of the Planninq Commission meettng of June 9, 1976. Seconded by Counctlwoman Kukowski Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF JUNE 9, 19/6 MOTION by Councilman Hamernik to receive the minutes of the Cable Television Commiss�on meeting of June 9, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RECEIUING THE MINUTES OF THE POLICE CIVIL SERVICE COMPIISSION MEETING OF JUNE 8, 1976• MOTION by Councilman Hamernik to receive the minutes of the Pol�ce Civ�l Service Commission meeting of June 8, 1976 Seconded by Councilwoman Kukowski Upon a vo�ce vote, all votinq aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF AN AGREEMENT TO WAIUE PERFORMANCE BOND REOUIREMENT ON DEVELOPMENT DF r Mr. Richard Harris stated that, in his opinion, the enforcement of the performance bond is not financially satisfying or practical in some cases Discussion centered on alternative methods such as a cash deposit which would give flexibility to the performance requirements MOTION by Councilman Hamernik to waive the performance bond requirement and draw up the agreement as it ts stated in the second paragraph of Zoning Ordinance 205 167 3B. Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEI�ING REPORT ON STATUS OF DISEASED TREE CONTROL PROGRAM IN THE CITY OF FRIDLEY MOTION by Counctlman Starwalt to receive the report on the diseased tree control program and correct the word in the first ltne of the last para�raph on the first page of the report from "assessinq" to "subs�dizing". Seconded by Counc�lman Hamernik Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously MOTION by Councilman Fitzpatrick that the City will pay all treatment and removal costs for boulevard trees Seconded by Councilwoman Ko�kowski Unon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimousl,y CONSI�ERATION OF RESOLUTIOPI PdO. 52-1976 AUTHORIZING THE CHANFING OF THE 1976 BUDGET 11DPR(1�RT6TTl1NC i,irTUTni TuG r_�nirofli riinin TGDDII('C �nov imi i Gvoni i rniioT . The Assistant City Enqtneer, Tom Colbert, stated that the fencrnct would cost, rounhly, $10 or $11 per foot. �MOTION by Councilman Hamernik to adopt the proposal as outlined for the expansion of the tennis court with the proviston that a temporary snowfence backstop be installed in place of extending the existtng fence, and to adopt Resolution No 52 authorizing the changing of the 1976 budget appropriations with�n the qeneral fund Seconded by Councilman Fitzpatrick Upon a voice vote, all votinn aye, P1ayor Nee declared the motion carried unanimously. �� � REGULAR COUNCIL MEETING OF JUNE 21, 1976 ERATION OF AWARDING BID - LOTS 10 AND 11 r iiinir i� �n�c PAGE 4 BLOCK 6, DAK GROVE ADDITION (BID The Ctt_V Clerk stated that there were no bidders at the official bidding time, but the next day Mr. Ramon Carlson came in and made an offer whtch was in excess of the minimum bid. His offer was 48,450. The City Clerk recommended that the City accept the offer of Mr Carlson MOTION by Councilman Hamer m k to award the sale of the lots to P1r Ramon Carlson. � Seconded by Councilwoman Kukowski. Upon a voice t�ote, all votinq aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated the record should show that the City Assessor shows that this is a fair price for the land. RECEIVING ANNUAL FINANCIAL REPORT FOR THE CITY OF FRIDLEY FOR THE YEAR EN�ING DECEf4BER 31, 1976: MOTIOPd by Councilman Fitzpatrick to receive the report Seconded by Councilwoman Kukowski Upon a voice vote, all voting aVe, P1ayor Nee declared the motion carrted unanimously. RECEIVIPJG PETITION N0. 10-1976 REOUESTING ISIDN TO ND PARKING SI Mayor Nee said that he had a petition for removal of signs in one block, and the City Council can consider it to be Petition No 11 MOTION by Councilwoman Kukowsk� to receive Petition No. 10-1976. Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, P1a_��or fJee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to rereive Petition No. 11-1976 Seconded by Councilman Hamern�k Upon a voice vote, all votinn aye, Mayour Plee declared the motion carr�ed unanimously. MOTION by Councilman Hamernik that on Petition No. 11-1976 that the staff remove the siqns frorn 5932 through 5964 7th Street on the west side, and replace the extsting signs on 7th Street from 60th Avenue to 61st Avenue to indicate "No Parking 6:D0 - S 00 P M. Except Saturday and Sunday " Councilman Hamernik said that he would contact the two residents at 5972 and 5980 7th Street who did not siqn Petition No. 11-1976, and if they �ndtcate a desire to keep the existina parkinq restrictions, the City w�ll replace their existinq sign with the appropriate sian desiqnating the extent of the parking restr�ctions. Seconded by Counctlwoman Kukowski. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously Pqayor Pdee declared that a recess would be taken. (At 10•50 p.m the Council took a recess.) (Council reconvened at 11:11 p.m )(All members were present.) CONSIDERATION OF RESOLUTION N0. 53-1976 REQUESTINC THAT THE ANOKA COUNTY BOARD PARTIC, MOTION by Councilwoman Kukowski to adopt Resolution Plo. 53-1976 Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, P1a,yor Nee declared the motion carried unanimously. COPaSIDERATION OF RESOLUTION NO PIER ON EAST SIDE OF MOORE LAKE: 1976 REOUESTINC 50% COST SHARING FROP1 MIP�NESOTA SH MOTIOPI by Courrilman Starvaalt to approve Resolution No 54-1976. Seconded by Councilman Fttzpatrick l�pon a voice vote, all voting aye, hlayor Nee declared the motion carried unanimously � � � REGULAR COUNCIL MEETING OF JUNE 21, 1976 SIDERATION OF RESOLUTION N0. 55-1976 F Y SEWER PAGE 5 Y IMPROVEMENT MOTION by Councilwoman Kukowski to adopt Resolution No. 55-1976. Seconded by Councilman Fttzpatrtck. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. C -1976 DIRECTING THE SALE AND PURCHASE OF TEMPORARY MOTION by Counc�lwoman Kukowski to adopt Resolution No. 56-1976 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CONSIDERATTON OF RESOL�TION N0. 57-1976 CANCELLING SPECIAL ASSESSPIENT PAYMENTS DUE IN 1974 ON LOTS 2 AND 3, BLOCK l, VEITS ADDITION: MOTION by Councilman Fitzpatrick to adopt Resolution No. 57-1976 Seconded by Councilwoman Kukowskt. Upon a voice vote, all votina aye, Mayor Nee declared the motion carrted unanimously. RESOL RECEIVING THE PRELIMINARY REPORT MOTION by Councilwoman Kukowski to adopt Resolution No 58-1976 Seconded by Councilman Starwalt. Upon a votce vote, all votin� aye, Mayor Nee declared the mot�on carried unantmously. CLAIMS: � MOTION by Councilman Starwalt to pay the claims No 15232 - 15448 Seconded by Councilwoman Kukowskt Upon a voice vote, all votrnq aye, Mayor Nee declared the motion carrted unanimously. LICENSES: MOTION by Counctlman Fitzpatrick to approve the licenses as submitted and on file �n the License Clerk's office. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously ESTIMATES: Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Services Rendered as Ctty Attorney for May, 1976 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapol�s, Minnesota 55402 $1,202.50 For Servtces Rendered as Prosecutor for May, 1976 $1,604 31 MOTION 6y Councilman Hamernik to pay the estimates. Seconded by Councilwoman Kukowski Upon a voice vote> all voting aye, Playor Nee declared the motion carried unanimously REGULAR COUNCIL MEETING OF JUPJE 21, 1976 PAGE 6 RECEIVING COMMUNICATION FROM THE FRIDLEY POLICE PENSION ASSOCIATION DATED MAY 6, 1976• MOTION by Councilwoman Kukowski to receive the communicat�on from Fridley Police Pension Association dated P9ay 6, 1976. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ADJOURNMENT The Regular Meeting on June 21, 1976, of the Fridley City Council was ad�ourned by Mayor Nee at 11.45 p.m Respectfully submitted, _- �ohn Chegwyn Council Secretary Approved �uly 12, 1976 C,����� �'� William J Ne P1ayor � �J u