12/20/1976 - 00014635THE MINUTES OF THE REGULAR MEETIN� OF THE FRIDLEY CITY COUNCIL OF DECEP1QER 20, 1976
The Regular Meeting of the Fridley City Council of December 20, 1976 was called to
order at 7•39 p.m by f1ayor Nee.
� PLE�GE OF ALLEGIANCE
h�ayor Nee led the Council and the audience in sayina the Pledne of Alleaiance to
the Flaq.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSEPdT
APPROVAL OF MINUTES�
Playor Nee, Councilman Hamerm k, Councilwoman Kukowski, Councilman
Starwalt, and Councilman Fitz�atrick
Pdone
REGULAR P1EETING OF DECEMBER 6. 1976:
Councilman Hamernik stated that on pane 1 under Old Business in the first motion it
should be "as recommended by the Appeals Comm�ss on," not Planninq Commission Also,
on page 4 under Pdew Bustness, the item reqardinq Resolution PJo. 118-197h, in the last
paraaraph on the paqe, the second sentence should be deleted.
MOTION by Counctlman Hamernik to approve the minutes as amended Seconded by Councilman
Fitzpatrick. Upon a vo7ce vote, all votin� aye, P1ayor PJee declared the motion carried
unanimously.
� ADOPTION OF AGENDA:
Mayor Nee stated that he would like an item added to the aaenda for discussion, that
being, "Consideration of One-4Jay Desiqnation on Lucia Lane "
MOTION by Councilman Fitzpatrick to adont
Seconded by Councilwoman Kukowski Upon
declared the motton carried unanimously
OLD BUSINESS•
CONSIDERATION OF APPROVAL OF LOT SPLIT RE
the aaenda with the addit�on as su�nested
voice vote, all votina aye, P1�yor f�ee
S. #,76-12, BY �ICK G
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Mr Dick Sobiech, Public Works Director, stated that this �s a request for a lot split for
a parcel of property alianrnn north of 73rd Avenue and south of Onondana Street The
ttem was tabled until after the public hearinn for consideration of the proposed �lat
of property directly to the east of the pronosed lot split. The Planninn Commiss�on
did recommend approval of the lot split with the stioulation that a certa�n amount of
property be dedicated for street purposes in order to maintain and extend the street
pattern �n the area He further stated that it should be po�nted out that what is proposed
in the plattinq to the east is consistent as to what is beirn recommended for approval
of the lot split. Mr. Grector was also present to answer or ask any questions
�Mr. Sobiech further stated that one of the stipulat�ons of the nronosed olatt�na was
that the owner of the proposed platted property acqutre the necessary easements for the
accumulation of the traffic pattern
MOTION by Councilman Starwalt to approve the lot split Seconded 6y Councilwoman
Kukowski. Upon a voice vote, all vot�na aye, Mayor PJee declared the motion carried
unantmously.
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REGULAR COUNCIL MEETIGG OF DECEMBER 20, 1976
OF FI
READING OF AN ORDIPIAPJCE FOR STREET AND ALLEY VACATION REQUEST
COMPANY, INC. TO VACATE ELY CIRCLE, GENERALLY LOCATED BETWEE
Mayor Nee stated there had been a public hearinq recrardinn this.
P'IOTION by Councilman Fitzpatrick to waive the reading and adopt the ordinance on the
first readinq. Seconded by Councilman Hamer m k Upon a voice vote, all votrn�l aye,
f1ayor Nee declared the motion carrted unanimously.
F
LD
PAGE 2
SUBDIVISION P.S #76-09. DELEIER ADDITION. BY
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Mr. .Sobiech stated that th�s is the remaim na parcel of pronerty on v�hich there was a
oublic hearing At the oublic hearinq, there were no ob,7ections to the proposed Flat
which would result in a continuation of 73%, Avenue to the east and then the extension of
Lakeside Road He further stated that althou�,h the oroperty is zoned R-1 to the north
half and R-3 to the south haif, at present it is the intention of ihe petitioner to
develop sinqle family The stipulation from the Planninq Commission is that the petitioner
contact all remaim ng property owners reaardinn any additional rinht-of-way that would
be required for providrnn the improvement for 73'� Avenue P1r. So67ech oroceeded to
show the City Council a sketch on the easel. It was further noted that the front width
of ±he southerly four lots in the R-3 zoned area would on1J be 72.�5 feet instead of
the standard 75 feet.
MOTION by Councilman Starwalt to approve the final plat with the variance duly noted
and w�th the foilowing stipulat�ons (1) the petitioner is reouired to obtain the
necessary easements to provide 73'z and Lakeside right-of-way and (2) that in the event
the property is developed into multiple dwellinqs that all access be off 73rd Avenue
residential streets. Seconded by Councilwoman Kukowsk� Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
COPlSIDERATION OF APPRDVAL OF FINAL PLAT SUBDIVISION P.S. #76-11, REAL ESTATE 10 ADDITION
BY FRANCIS J GIRDLER, GENERALLY LOCATED IN THE NE OUADRANT OF I.694 AN� HIGHWAY 65 N.E
PTayor Nee stated there was a public hearinq reqardina th�s and there were no ob,7ections.
MOTION by Councilman Starwalt to approve the final plat. Seconded by Councilwoman
Kukowski Upon a voice vote, all votina aye, h1ayor Nee declared the motion carried
unanimously
COPdSI�ERATION OF APPROVAL DF FINAL PLAT SUBDIVISION P S. ',�76-10, INNSBRUCK VILLAGES
Mr Sobiech stated that regard�nq the proposed final plat, the petitioner wants to add
an add�tional two structures of townhouses to the already previously recorded Innsbruck
Village plat. He further stated there would be a trade of property from the apartment
complex to Innsbruck Uillaqe Second so that there is an even parcel of property swapped
�n order to maintain the existinq areas and to allow the construction of the two townhouse
structures �
Mr Sobiech stated that another concern was the pu6lic walkway system and there is a
letter on file which tndicates that the developer will maintain and provtde the
necessary easements,
Mr Nasim Ouresh�, Crty Planaqer, asked P1r. Sobiech if there were any negative concerns �
from Innsbruck North Flssociation Mr. Sobiech stated there were none that the Planning
Comm�ss�on was aware of
MOTION by Councilman Starwalt to approve the final plat with the letter of condition
regard�ng the walkway, maintenance, etc., and that the two parcels be combined into
one parce] for tax purposes. Seconded b±i Counc�lman Hamernik. Upon a voice vote, all
voting aye, Ma,yor Nee declared the motion carried unantmously.
CONSI�ERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. "t'76-05, INNSBRUCK NORTH REPLAT
3RD ADDITIOPJ, BY DARP,EL A FARR DEVELOPP1ENT CORP., CENERALLY LOCATED OP! THE 4JEST SIDE
OF EAST BAVARIAN PASS A�lD SOUTH OF P4EISTER ROA� N.E .
P1ayor Nee stated that they now have a memorandum from the City Attorney and a letter
from the Townhouse Association
REGULAR COUNCIL MEETING OF DECEPIBER 20, 1976
PAGE 3
MOTION by Councilman Fitzpatrick to receive the memorandu� dated'December 20, 1976
from V�rgil C. Herrick, Ci�ty Attorney, regardinq the replatttnq of Innsbruck North
Third Addition. Seconded by Counci�lman Starwalt Upon a vo�ce vote, all votinq aye,
Mayor Nee declared the motion carried unan�mously
MOTION by Councilman Starwalt to receive the letter dated December 19, 1976 froin the
Townhouse Association, Mr. Jack Lindstrom, President Seconded by Councilwoman
'Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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Mr. �ack Lindstrom, President of the Townhouse Association stated that he had a statement
regarding the aforementioned letter which he proceeded to read The substance of such
letter being the result of a d�scussion among the entire seven member Board of ��rectors
of the Innsbruck North Townhouse Associatton He further stated that the Board felt
that the deciston made by the Executtve Committee on September 8th, 1976 did not fully
reflect the opim ons of the residents directly affected and more importantly, encroached
upon the property already owned by the Association members in the form of common ground
He stated that in the future, as in the past, they will qive the developer the cooperation
needed to complete construction of the area However, when there arises a situation where
the needs of the developer infringe on the lawful riahts of resident member/owner of the
Association and all possible compromises fail, then as a Board they must show their first
consideration to the people who elected them to protect their investment
Mr Virgil Herrtck, City Attorney, then stated that regardrnq the memorandum he wrote
to the City Counctl, he essentially wanted to rev�ew their authority and obligat�on as
far as replatting and amendments to the oriqinal townhouse plan He further stated that
he has reviewed the Articles and 6y-laws of the Assoc�ation and the restrictive covenants
and he came to the conclusion that the developer could not do what he proposes without
the Board of Directors of the Association and the Architectural Control Committee
Therefore, Mr Herrtck advised the Ctty Counctl that in view of the lack of ap�roval
of the two aforementioned bodies, the matter should be tabled until such tirie as the
developer and the Association can reach an aqreement He further stated that �f tabled,
tt should be for a limited pertod of ttme as well It should not be for more th�n two or
three months. If, however, it is not brouqht back within that period of time, the
application should be considered void or the Counctl will at that time consider somethinq
that will put it within a reasonable period of t�me.
Mr. James London, 7286 72nd Lane, Minneapol�s, stated that he would like to talk with
Darrel Farr reqarding this and hopes that there is some aqreement they can r�ach with
the Board of Directors.
Counc�lman Starwalt asked what the Association's feelinqs were reqardina this and Mr
Lindstrom stated that as mentioned in his statement, they will do everything possible
to cooperate with the developer.
MOTION by Councilman Starwalt to ta61e the matter for three months with the understandina
that it will return for final action at that time. Seconded by Councilwoman Kukowski
Upon a voice vote, all vo�ing aye, Mayor Nee declared the motion carried unantmously
RECEIVING THE MINUTES OF THE PLANNING COFIMISSION MEETING OF DECEMBER 8, 1976
GEORGETOWN MOTEL, INC , ZOA
-06. 5600 MAIN STREET N E
MOTION by Councilman Fitzpatrick to set the publ�c hearinq for meetinq of January 17,
1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinn aye, Mayor
Nee declared the motion carried unanimously
BERT SCHROER, ZOA �76-07, BETWEEN 77TH AND 79TH AVE. N E ON EAST SIDE OF RANCHER'S
MOTION by Councilman Hamerm k to set the public hearinq for meetina of January 17,
1977 ,�eoonded by Cauncilwoman Kukowski. Upon a voice vote, all vot�ng �ye, Mayor_
Nee declared the motion carried unantmously
ROBERT SCHROER, L.S. �76-11, 7875 AN� 7895 RANCHER'S ROAD N E
Mayor Nee stated that this did not need any action
CITV OF FRIDLEY, SAV #,76-07, ROA� EASE�1ENT ON TALPI�DGE LANE AMD 75TH 41AY
MOTION by Councilman Fitzpatr�ck set the public hearina for meetinq of February 14,
1977. Seconded by Councilman Hamernik Upon a voice vote, all voting aye. Pqayor Nee
declared the motion carried uqanilnously
REGULAR COUNCILMEETI�VG OF DECEP9BER 20, 1976
PAGE �
MOTION by Councilwoman Kukowsk� to receive the minutes of the Planning Comm�ss�on
Seconded 6y Councilman Hamermk. Upon a voice vote, all votrn� aye, P9ayor Plee declared
the motion carried unanimously
RECEIVING THE MINUTES OF THE CATV COPIP1ISSION MEETING OF DECEP1BER 2, 1976
TOUR OF EARTH SATELLITE FACILITIES (P10NTICELLO AREA):
Councilman Fitzpatrick sugqested that the Administration arranqe a da±e for the �
proposed expedition and 6rinq the details back to them A Saturday date for the tour
would 6e arranned Mr Oureshi asked if any Saturday would do. Councilwoman Kukowski
commented that she had not received a calendar yet.
MOTION by Councilman Hamernik to receive the minutes of the CATV Commtssion. Seconded
by Councilwoman Kukowski Upon a voice vote, all votrn� aye, P1ayor Nee declared the
motton carried unanimously
CONSIDERATION OF APPROVING PIETROPOLITAN ANIPIAL PATROL SERVICE. INC. CONTRACT FOR 1977:
Mr. Qureshi, City Manager, stated that this is a revised contract for patrol services
between the Pletropolitan Am mal Patrol Service, Inc. and the Citv of Fridley He
further stated that at present, MAPSI provides services to fifty-two suburban communities
along with the City of P1inneapolis. The present rate for furn�shina patrol ambulance
is $8 50 and the proposed rate is $8 75, the present rate for boardinq any species of
animal impounded �s $2.25 and the pro�osed rate is �2 50, the present rate for destroytnq
doqs or cats if $3.00 and that will remain the same; the oresent rate for ambulance
service of �n,7ured am mals is $9 00 and the proposed rate is $10.00; the present rate
for services durrn� other than scheduled workrnq hours is A10.00 and the proposed rate
is $12 DO
P1r. Qureshi further stated that all the data has been reviewed and the chanqes are �n
line with those costs and services for the City of Plinneapolis.
IMOTION by Councilman Hamerm k to approve the contract with the fletropolitan Animal
Patrol Service, Inc Seconded by Councilman Starwalt. Upon a voice vote, all votrna aye,
Mayor fdee declared the motion carried unanimously
RESOLUTIOPJ NO 122-1976 - AUTHORI�ING CHAMGING THE 1976 BUDGET APPROPRIATIONS 41ITHIN
THE GEPdERAL FUND:
D1r. Oureshi stated that basically this has been an extensive voter turnout and it did
�ncrease the cost of election by $1,500 He then referred to item number two, Police
budget, and after reviewincr their data a little more closely, Mr Qureshi recommended
that the section be deleted, and instead of tak�na q2,150, we w�ll orly take $150 out
of the Pu61ic Works P1a�ntenance budqet
The ad,7ustment of the Naturalist's budget is basically due to the contract that the City
has awarded for services. This money would come back to the City Also, the CETA mon�es
that have been received will be used in these different areas. A71 of the second
section listed on the resolutton is CETA money
MOTION by Councilman Fitzpatrick to adopt Resolution No 122-1976. Seconded by
Councilman Hamernik. Upon a voice vote, all votinq aye, Mayor Nee declared the motion
carried unan�mously.
RESOLUTION NO 123-1976 - AUTHORIZING EXECUTIOP! OF TECHMICAL ASSISTANCE AGREEMENT WITH
inC I'IIIVIVC�VIH UCrHttIfICIV! V� IKriI'IJYVttIriI1VIV� fVt< CIVL�1fICCKlItlU HfVLI Itl,l'ilY1l.HL JCKV1l.CJ fUtt �
1977:
P1r. Sob�ech stated that this is an annual request from the Plinnesota Highway Department
which allows the City to ente� snto an aareement wtth the Hiahway Departinent for any type
of ass�stance the City needs from them throuahout the year.
MOTION by Courcilman Starwalt to adont Resolution P!o 123-1976. Seconded by �oimcilman
Hamer m k. Upon a voice vote, all votinn aye, P1ayor Plee declared the motion carried
unammously.
REGULAR COUNCIL ��1EETING GF DECEMBER 20, 19�6
PAGE 5
RECEIVING PETITION N0. 25-1976 IN FAVOR OF IMPROVEMENT APlD PETITION N0. 26-1976 OPPOSED
TO IMPROVEMENT--DELLWOOD DRIVE:
AND �
RESOLUTION N0. 124-1976 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFTCATIONS AND
MOTION by Counc�lman Starwalt to rece�ve Petit�on No. 25-1976 in favor of improvement
Seconded by Councilwoman Kukowski. Upon a voice vote, all votrna aye, Mayor Nee declared
the motion carr�ed unanimously
MOTION by Counc�lman Starwalt to receive Petit�on No 26-1976 in opposition to improvement
Seconded by Counc�lwoman Kukowski. Upon a votce vote, all vottnq aye, Mayor Nee declared
the mot�on carried unan�mously
Councilman Starwalt then made reference to the third siqnature on the petition in opposition
to the �mpravement. Mr Robert B Tourville's address should be 6379 Dellwood Dr�ve N E,
not 6378 �ellwood Drive N E. Also, on the map of the area Mr Tourv�lle's address,
6379 Del7wood �rive N.E , should be dotted as beinn in opposrtion to the improvement.
Councilman Starwalt further stated that on the east s�de of �ellwood, lot #l, the owner
of that property is in favor and would siqn anythinq requested by Staff. He stated that
all twenty-five owners have been contacted either by him or someone else in favor of the
pro�ect Those who stqned in opposition, he personally contacted and at present, there
are thirteen residents in favor of the petition, eleven against.
MOTION by Councilman Starwalt to reinstate it into the street improvement pro�ect along
with Peirce Street and 63rd Avenue and adopt Resolution No. 124-1976 Seconded by
Councilwoman Kukowski Upon a voice vote, all vot�nq aye, Mayor Nee declared the
motion carried unam mously
Councilman Starwalt then continued to state �hat at 6450, the owner of that property
original1y had signed in opposition but after reviewinq the matter and after some reflect�on,
he did not want to re-sian in opposition They likewise did not si4n in favor Also,
on the extreme south, the property on the corner for sale, both husband and wife
previously were in accord and now the qentleman is in favor and the wife �s in oppos�tion
Councilman Starwalt further stated that he has been accused of hav7nq a financial interest
in the matter. He, therefore, stated for the record that "I do not have any financial
�nterest at all in this street or any other street and my concern was to try to be fair
and square with all persons to make sure that the eeople would be represented wholly and
straight forward "
Councilman Starwalt did comment that Mr. Tourville was present Mr Tourville stated
that he was not in opposition to the improvement of Dellwood Drive. The only thtng that
he was not in favor of was narrowinq the width of the street and curbs Also, he was
not in favor of settinq aside a certain amount of the pr�ce that is be�nq charqed for
the street for repairs on the sewer, �f there are any repairs to be made
Mr Qureshi stated that if there are problems with the sewer, the problems are go�ng to
be corrected and the money to do this comes out of the util�ty fund and not through
assessment of the people As far as the street construction, that cost is assessed
against the property.
Councilman Starwalt stated that what he told Mr Tourville was incorrect. He told him
that the cost of the pro�ect was the correction and repair necessary for underqround
services.
� RESOLUTION NO 125-1976 - AUTHORIZING ADUERTISEMENT FOR BIDS FOR A STREET SWEEPER
MOTION by Councilman Starwa1t to adopt Resolution No. 125-1976 Seconded by Councilman
Hamerm k Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried
unanimously.
�i
1 _
REGULAR COUNCTL P9EETING OF DECEMBER 20, 1976
RESOLUTION N0. 126-1976 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL
PAGE 5
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MOTION by Councilman Starwalt to adopt Resolution No 126-1976 Seconded by Councilwoman
Kukowski. Upon a voice vote, all votrna a,ye, Mayor Nee declared the motion carried
unanimously
RESOLUTION N0. 127-1976 - AUTHORIZING AN� DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS �
ON PARCEL 4860, SECTION 14 AND APPORTIONING INTO ALICE WALL AD�ITION:
MOTION by Council Hamernik to adopt Resolution No 127-1976. Seconded by Councilman
Starwalt. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried
unanimously
RECEIVING RESTGNATION--DENNIS L. SCHNEIDER, COP9P1UPdITY DE�ELOPMENT COMMISSIDN:
MOTION by Councilman Starwalt to receive the resiqnation Seconded by Councilwoman
Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carrted
unanimously
CLAIMS
MOTION by Councilman Hamernik to pay Claim No's 18128 - 18362. Seconded by Councilman
Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously
ESTIMATES•
Smith, Juster, Feikema, Chartered
1250 Builders Exchange Building
Minneapolis, Plinnesota 55402
For Legal Services Rendered as Prosecutor for the
Month of November, 1976
Weaver, Talle & Herr�ck
316 East Main Street
Anoka, Minnesota 55303
For Legal Services Rendered as City Attorney for
the P�onth of November, 1976
$1 ,502 50
$1,720.66
MOTIDN by Councilwoman Kukowsk� to approve the estimates as su6mitted. Seconded 6y
Councilman Hainerm k Upon a voice vote, all votinq aye, Mayor Pdee declared the motion
carr�ed unanimously
LICENSES
MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file in
the License Clerk's office Seconded by Councilman Hamerntk. Upon a voice vote, all
voting aye, P9ayor Nee declared the motion carried unanimously.
RECEIVING REPORT ON COMPENSATION PLAN FOR GRADED EMPLOYEES:
MOTION by Councilman Hamerm k to receive and concur. Seconded by Councilwoman Kukowski.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously
CONSIDERATION OF ONE-WAY DESIGNATION ON LUCIA LANE:
Mayor Nee stated his cur�osity about the one-way desiqnation on Lucia Lane in that it
appears that the Council never took any action to initiate this. Mr. Sobiech stated that
they were not able to find any specific actions in the P�inutes P4r Oureshi stated that
there were numerous d�scussions reaardinc� this. Mr Herrtck concurred with Mr Quresht's
statement. He further commented that �nit�ally, the people complained about the traffic
pattern in the neiqhborhood Mr. SoSiech stated that the consensus from the Police
'
,
REGULAR C011NCIL MEETING OF dECEMBER 20, 1976
PAGE 7
�epartment from the people was that it has resulted in a much safer situat�on 68th
Avenue does not generate traffic What qenerates the traffic is the Kninhts of
Columbus Hall. He further stated that they have contacted the Highway Department and they
will study the situation as it presently exists Mr Oureshi stated that there ts no
question that it is a safer route, however, there is definitely an inconvenience to the
people living on Lucia Lane.
�Counctlman Starwalt suggested that Staff get the backqround data on this and perhaps
revtew w�th the Km ghts of Colum6us and see �ust what can 6e done �n th�s reqard
Counci1man Fitzpatrick stated that maybe a need could be shown for s7gnalization without
hav�ng to actually accumulate an accident record.
Mayor Nee stated in summary that he was sympathetic with the people livinq there
AD�OURNMENT:
MOTION 6y Councilwoman
Upon a voice vote, all
and the Regular Meeting
at 9:34 p.m.
Kukowski to adjourn the meeting. Seconded by Councilman Starwalt
voting aye, Playor Nee declared the mot�on carried unanimously
of the Fridley City Council of December 20, 1976 ad�ourned
Respectfully subm�tted,
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�J � ,�L J /v.s�-�,�
Dorothy C. Green
� Secretary to the City Council
L�
Approved � /— i %� r%%
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Willaim J Nee
Mayor