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05/16/1977 - 00014518r � L� THE MINUTES OF THE REGULAR P1EETING OF THE FRI�LEY CITY COUNCIL OF MAY 16, 1977 The Regular Meeting of the Fridley City Council of May 16, 1977 was called to order at 7:3D p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT PROCLAMATION Councilman Fitzpatrtck, Councibman Hamer m k, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski None Mayor Nee read a Proclamation proclaiming the week of June 19 - 26, 1977 as "Fridley '49er Week." He stated it would be forwarded to the '49er's for their use. APPROVAL OF MINUTES REGULAR MEETING OF MAY 2. 1977• MOTION by Councilwoman Kukowski to approve the minutes. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING OF MAY 9, T977 MDTION by Counctlman Schneider to approve the minutes. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. ADOPTION OF Ar,ENDA: Mayor Nee stated he would like to add two items as follows: (1) Correspondence from Mtchael Paripovich regarding his resignation from the Environmental Qualtty Commission and (2) �iscussion of Bingo Reports. MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: REIM611RSEPIENT FOR GUITAR: Mr. Thomas J. K�gin, the attorney representing Mr. Ronald Retnhard, appeared before the City Council regarding payment for a guitar which belonged to P9r. Reinhard and was sold at the Police auction P1r. Kigin stated, when Mr. Reinhard was arrested by the Fridley Police Department in January of 1976, his guitar was confiscated and was not returned to him. He further stated, when Mr. Reinhard was sentenced to prtson in October of 1976, he called to see when he could pick up his guitar and was informed the guitar was sold at the annual Police auction. He advised that Mr. Reinhard contacted him for his help and he has contacted Mr. Brunsell, Finance Director, and made the necessary notice of claim to the City. He felt a reasonable effort was not made to try and contact either Mr. Reinhard or his mother, before the guitar was sold, which is required by ordinance Mr. Kigin stated he called music stores to determine what the guitar was worth and the price given was $219. He requested payment be made in this amount to Mr. Reinhard. He felt the guitar was lawfully taken, but with the understanding it would be returned to P1r. Reinhard. The attorney stated the make of the 9uitar is an Ames strato-gaster and Thtrd Store Music in Wayzata sells this brand. ' ' 1 ' L__.�' � �� r^ / � REGULAR MEETING OF MAY 16, 1977 PAGE 2 Mr. Qureshi, City Manager, stated that if the facts stated by the Attorney are correct, then it should be determined what a reasonable figure would be for reim- bursement. He stated about $48 was received for the guitar at the Police auction. MOTION by Councilwoman Kukowski to authorize payment in the amount of $171 to P4r. Reinhard for the guitar. Seconded by Councilman Hamerm k. Councilwoman Kukowski felt the Police Pension Association should make the decision, if they wanted to give Mr. Reinhard the $48 they received for the guitar The City Attorney, Mr. Herrick, felt the matter should be resolved by the Council so it would not be necessary for Mr. Kigin to also appear before the Police Pension Association. MOTION by Councilwoman Ku4:owski to amend the above motion to reimburse Mr Reinhard for the value of an Ames strato-gaster guitar in the amount of $219. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ISLANDS OF PEACE LEASE AGREEMENT: Mr. Ed Wilmes appeared before the Council regarding the Islands of Peace lease agree- ment. He stated the Islands of Peace project has become one of the most unique parks, not only in Minnesota, but in the entire country, and requested the Council extend the lease agreement. He felt, as an individual, the persons connected with the Islands of Peace pro�ect have given performance that should be given consideration. He further stated, in recent weeks, they had calls for reservat�ons from all over the entire State. He advised that by June or �uly, $25,000 for improvements and construction will have been spent for the Islands of Peace pro�ect and hoped the Council will take all these facts into consideration when acting on the lease agreement. COMPLAINT - HOLIDAY VILLAGE CARTS AND DEBRIS: Mr. Otto Tauer, 5866 2nd Street PJ.E., appeared before the Council regarding the carts and debris from the Holiday Village Store. Mayor Nee advised Mr. Tauer this item was on the Council's agenda this evening Mr. Tauer then stated he would comment when the item was considered by Council PUBLIC HEARINGS: PUBLIC HEARING ON FINAL PLAT SUBDIVISIDN P.S. #77-02. A REPLAT OF MARXEN TERRACE MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7 57 p.m. Mr. Sobiech, Public Works Director, stated this is a request for a replat located between Onandaga Street and 73rd Avenue, generally in the 1600 blocl<. He explained the replat is requested because of the 6eleTCm Addition plat. The residents abutting Stinson indicated the desire to have the roadway improvement a certain distance farther to the west than the present right-of-way. Mr. Sobiech stated the replat would cover the existing two lots which are generally located to the north and south of the extension of 732 Avenue and combine these with a vacation of 731z Avenue in order to make three lots. Mr. Sobiech stated a public hearing was held before the Planning Comm�ssion on April 20 and no objections were raised. The Corrnm ssion recorrmended approval of the plat with the understanding that due to certain lot depths, particularly Lot 2, a front yard setback of 30 feet be incorporated into the plat approval Mr. Sobiech stated the Council has a letter from Mr. Marxen in which he requests consideration be given for waiving of the plat fee and vacation fee; because it is his feeling, due to the recent changes in the street pattern, the City is more or less directing this replat and vacation. I ��t9`i REGULAR MEETING OF MAY 16, 1977 PAGE 3 Councilman Schneider questioned the replat fee and vacation fee. Mr. Sobiech stated the plat fee is $310 and vacation fee is $80. Councilman Schneider asked if these fees were paid in 1970 when the original plat was approved. Mr. Sobiech stated the platt�ng fee was paid and certain easements were given up at that time for the fee of $l. No persons in the audience spoke for or against this replat of Marxen Terrace MOTION by Councilman Schneider to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8 05 p.m. PUBLIC HEARING ON STREET E.: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:05 p.m. Mr. Sobiech stated this �s a request to vacate the existing right-of-way for Marxen Terrace in con�unction with the replat item which was just dtscussed by the Council. A publ�c hearing was held 6efore the Plannin9 Commission and no ob,7ections were raised. Mr. Sobiech stated persons in the area seemed in favor of this vacation request. No persons in the aud�ence spoke for or against this vacation. MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:08 p.m. OLD BUSINESS: OR�INANCE NO 647 - ESTABLISHING CHAPTER 602 OF TNE FRIDLEY CITY CODE ENTITLED "BEER LICENSING" IN ITS ENTIRETY, AND AMENDING CHAPTER 11, SECTION 11.10 OF SAID CODE RELATING TO LICENSE FEES• Mayor Nee referred to Subdivision 3 of the ordinance regarding temporary license fees and questioned �f it permits neighborhood parties, and licenses for private organizations to hold events. Mr. Herrick, City Attorney, stated language in this ordinance is taken from the State Statute and on issuing licenses for beer and intoxicating liauor, it will be necessary to use the State Statute. He also pointed out that a permit to sell beer can be issued to an organization who is obtaining a license for a certain event. Mayor Nee questioned neighborhood groups who meet and beer is consumed with everyone contributing Mr. Herrick indicated this would not be a sale, but a cooperative effort. When persons get together and contribute a certain amount to purchase beer for the group it would not be a sale or gift. Mr. Herrick stated much time has been spent on this ordinance, starting with a model ordinance from the League, and wondered about the ob,7ections coming from the Planning Commission. He further indicated the Planning Commission's concerns on search and seizure is very corronon. He stated non-profit orga m zations could get a temporary license to sell beer, as provtded in the ordinance. MOTION hy Councilman Schneider to waive the second reading of Ordinance No. 647 and adopt it on the second reading and publish. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 648 - AMENDING CHAPTER 606 OF THE FRIDLEY CITY CO�E TO AUTHORIZE A MOTION by Councilwoman Kukowski to waive the second read�ng of Ordinance No. 648 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. 649 - ADOPTING CHAPTER 212 ENTITLED MINING, AND REPEALING PRIOR rrTi rn nnTniTnir_ cnmm �nm r_omici . MOTION by Councilman Fitzpatrick to waive the seaond reading of Ordinance No. 649 and ' ' ' 1 � REGULAR MEETING OF MAY 16, 1977 PAGE 4 adopt it on the second reading and publish. Seconded by Councilwoman Kukowski. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW B�SINESS RECEIUING THE BIDS RESOLUTION N0. 50-1977 - AWARDING THE SALE OF 5 BLIGATION SPECIAL P4ayor Nee advised the City opened btds for the sale of $1,115,000 General 061igation Special Assessment Fund Bonds at 7 00 p.m. this eve m ng and the bid results have been tabulated. Mr. Ehlers of Ehlers and Associations, Inc., financ�al consultants for the City, stated four bids were received for the sale of these 6onds, the low bidder being Cont�nental Illinois National Bank and Trust Company of Chicago, Illrnois at a net interest rate of 4.54205% and net interest cost of $31D,506.3D. Mr. Ehlers stated this is the first time the City has had a AA rating. He stated the best rating is AAA which is reserved for larger cities and stated there are very few AA ratings. He felt it was a significant tribute to the City of Fridley. Mr. Ehlers stated the sale is favorable compared with bond sales in the last few months and would not hesitate to recommend the low bid be accepted from Continental Illinois National Bank and Trust Company of Chicago, Illinois. Net Interest Cost Net Interest Rate Banc Northwest Minneapolis, Minnesota �uran & Moody, Inc St. Paul, Minn. Continental I11inois National Bank and Trust Co. of Chicago, Ill Allison-Williams Company Minneapol�s, Minn. $313,681.88 $315,832.50 $310,5D6 30 $317,112 75 4.5885% 4.6199% 4.542D5% 4.6386% � �°i MOTION by Councilwoman Kukowski to receive the above listed bids. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Ehlers requested the Council consider a resolution to award the bid to Continental Illinois National Bank and Trust Company for the sale of these bonds. MOTION by Councilman Hamernik to adopt Resolution No 50-1977 awardin9 the bid to Continental Illinois Nattonal Bank & Trust Company of Chicago, Illinois. Seconded by Councilman Schneider. Councilman Schneider stated the bonds they are issuing combines several assessment funds and asked about the amount the City would be saving by combining these. Mr. explained as far as savings, it is a question of when the City would go out for permanent bonds and it is anybody's guess what the interest rates would be at that Brunsell time �Mr. Ehlers felt very strongly there is very little chance that interest rates will go down and there is a substantial chance for them to increase. He felt the City could not do better than this interest rate. He stated the interest rate received was partly because of Fridley's standing tn the market as evidenced by the AA rating. Mayor Nee questioned Mr. Ehlers as to what other cities have a AA rating, to which Mr. Ehlers named about 12 other cities. Mayor Nee congratulated the staff for their accomplishment in obtatning this new bond rating. UPON A ROLL CALL UOTE ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. .i �� `�t1 REGULAR MEETING OF MAY 16, 1977 RECEIVING PETITION �`5-1977 REQUESTING ELIMINATION OF HAZARDS CAUSED BY P4ENAR�S CASHWAY LUP4BER LOCATED AT 5351 CENTRAL AVENUE N E.• PAGE 5 MOTION by Councilman 5chneider to receive Petition No. 5-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated the City received the petition several weeks ago regarding ' concerns of residents on the Menard's retail operation. These concerns were as fallows: l. Fire hazard to ad,7oining residential property due to lack of access to wooded high hazard areas. 2. The illegal expanded use within the C-1 Zone from retail commercial to distri- butive industrial. 3. The illegal noise pollution and devaluation of property of ad,7acent landowners' real estate. 4. The traffic hazard created by the illogical routtng from 53rd Avenue N.E. to the serv�ce road to Fillmore Street N.E. Mr. Sobiech stated, regarding Item 1, the Fire Department did make an inspection and indicated they really did not see any unusual problem for operations of this nature. As far as Item 2, the property, as presently exists, is zoned C-2S which allows an operation such as Menard's. They do not manufacture their products, but receive them and distribute them. Mr. Sobiech then reviewed a history of the zoning of this property. He stated it seems the main operation is retail, therefore, it does meet the zoning code. In regard to Item 3, the illegal noise apparently has been a problem as some work and operations take place in the store yard area until 2 or 3 o'clock in the morning. Mr. Sobiech stated Mr. Larry Menard is present to respond regarding the operation of the facility. Mr. Sobiech also stated there is a public address system whereby ' messages are transmitted to persons in the yard He stated in January, 1977 there was a complaint, Menard's were contacted and steps were taken to turn down the public address system. Mr Herrmann, City Assessor, replied to the item on devaluation of property of ad,7acent landowners' real estate. He stated the City does take tnto account that property ad,7acent to commercial areas does reflect a lower market value, but it does not mean values are reduced, as the property gets older, since with the rate of inflation, values go up in that area as well as other areas. In response to Item 4, Mr. Sobiech stated the City is presently pursuing the improvement of the traffic sttuation. Mr. Sobiech stated certain channelizations will be provided in this area to direct traffic in a safer manner and improvement will be made of the intersection at 53rd and Central Avenues. He stated, hopefully with these improvements, the concerns of the residents as covered tn Item 4 will be eliminated. As far as Items 1, 2, and 3, the staff has indicated they find no violation of the City Code. Mr John Candell, Attorney representing Menard's stated he and Mr. Menard are here this evening principally because they are concerned and questioned if steps can be taken to alleviate the problems. Mr Candell stated they were aware a petition was being submitted, but not exactly what it contained. Mr. Candell asked the residents what they considered a fire hazard. ' �r. Heggestad, 1258 Skywood Lane, stated he and Mr. Menard have walked the property and agreed they had a common problem with debris. Mr. Candell stated the Fire Inspector has indicated the access was good to the area. Dr. Heggestad stated they have had a number of fires �n this area over the years he has lived there. He felt if there would be a fire and a southwest wind, it could litterly gut his whole block. He stated the residents are most anxious io work with Mr. Menard �n trying to solve these problems. Dr. Heggestad felt if a business is a retail operation, then it should have certa�n restrictions as to hours. He stated he has contacted Mr. Menard at 2:00 a m., , � . �� REGULAR MEETING OF MAY 16, 1977 PAGE 6 regarding the noise, hoping to get across that people do not want to be kept awake in the neighborhood. �r. Heggestad's main concerns were the fire hazard because of the debris and the noise from Menard's operation. Mayor Nee questioned if the loud speakers could be turned in another direction to eliminate some of the noise. Ms. Mary Matthews, 1259 Skywood Lane, stated Menard's have had two expansions and wondered why residents were not notifTed. She further stated a realtor has advised her it would be difficult to sell her property because of the loudspeakers. Mr. Herrick, City Attorney, indicated he did not specifically know what expansions they were referrin9 to since it was the opinion of the staff the property is properly zoned for that use and reading the ordinance, he would agree this is correct. He stated there might 6e other considerations on whether the operation is too large for the site, but criteria there would be the s�ze of the building in comparison with the total lot size. Councilman Fitzpatrick asked in what zoning cate9ory is a lumber yard permitted and Mr. So6iech replied in a M-1 zone. Mr. Candell stated the fire hazard is as much a hazard to Menard's as well as the residents. He stated he would like an opportunity to discuss the problems of noise to see if they can be eliminated. Councilman Schneider verified the noise problems are the loudspeakers during the day and transport trucks at night. Mr. Herrick, City Attorney, suggested there might be a cut off time on deliveries and possibly to consider a beeper systen instead of the loudspeaker system. Ms. Matthews again questioned the expansion of Menard's. Mayor Nee indicated this question regarding the degree of intensity of the operation was not covered in the staff report and will have to be researched. As Mr. Candell indicated, they are interested in meeting with the residents to discuss the problems. Mayor Nee suggested they may wish to meet at this time in the Community Room and report back to the Council later in the meeting as to their progress. Dr. Heggestad thanked Mr. Sobiech for all his work in presenting this matter to the Council. DISCUSSION WITH HOLIDAY VILLAGE NORTH; OPERATION AND MAINTENANCE OF THEIR FACILITY: Mr. Sobiech stated complaints were received from residents in the area of the Holiday Village Store about carts being left in this neighborhood. Comments were also received a6out de6ris, from the Holiday Uillage operation, blow�ng throughout the ad,7acent residential area. Mr. Sobiech stated Holiday Village was contacted and they have indicated they do have maintenance operations which require that in certain time periods, the neighborhoods are checked for carts. Also, they have a maintenance operation for picking up litter �Mr. Otto Tauer, 5866 2nd Street N.E., stated he has called Holiday to come and pick up the carts left near his residence and sometimes they are picked up and sometimes they aren't. He stated he has talked with the security officer, Mr. Durand who stated, if they catch anyone taking the carts off the Holiday premises, they will be arrested Mr. Tauer stated he has found out they cannot do a thing about arresting these people because of the value of the carts. Mr. Tauer felt construction of a fence at the north and west ends of Holiday would greatly help to control the debris. He further stated the City of Coon Rapids has an ordinance stating the carts must stay in the building. Mr. Johnson, Manager of Holiday U�llage, stated they recognize the problem with the carts. It has been a continual problem for 10 years and they really do not know how to resolve it. He indicated Holiday spends $20D a week to have someone pick up the carts taken off the premises. He stated signs were posted to leave the carts on the premises, but these do not solve the problem. He stated, during the last two months, someone 9oes out every morning between 8 and 9 a.m. to pick up carts Mr. Tauer stated the carts are not picked up and some of them are there for days and even months. C �'i REGULAR MEETINC OF MAY 16, 1977 PAGE 7 Regarding the debris problem, Mr. Johnson stated the lot is swept three time a week and about 56 manhours per week are spent in cleaning the lot He stated the debris is also a constant problem. Mr. Johnson indicated they plan to landscape this year, but did not intend to fence on the north or west ends of their property. Mr Herrick, City Attorney, suggested Holiday might be requ�red to post notices that it ts improper or illegal for persons to take carts off the property and it is a misdeameanor, either by company policy or City ordinance, if they take the carts off the property. P1r Herrick stated Mr. Tauer's comment that because of the value of the carts, no action could be taken to prosecute, is untrue. He stated, such as in the case of shoplifting, a person can be prosecuted for less costly items than the carts. Councilman Fitzpatrick felt the poss�bly of fencing should be investigated, as he felt to the west of the property it would be effective. He indicated the fencing to the north may be a problem because of the many entrances into the Holiday store. He stated containing the debris is the problem, since no matter how often the lot is cleaned, debris can blow away in a matter of minutes. He felt fencing vaould be a part�al solution. Mayor Nee indicated he was in agreement with Mr Tauer regarding the debris. Mr Herrick stated the Council has required business establishments directly to the north of Holiday to provide fencing and would see no reason why a three foot redwood fence worked into the landscaping could not alleviate a good portion of the problem. Mr. Sobiech, Public l4orks Director, asked Mr. �ohnson if Holiday would be willing to look at some plans for incorporating fencing in their landscaping. Mr. Johnson stated they would be willing to discuss it. Mr. Sobiech asked Mr. Tauer if he had noticed any improvement in the last two months since carts are being picked up. Mr. Tauer stated he has seen no improvement and felt redwood fencing would not solve the debris problem. Ma��or Nee questioned if containers were provided for the trash. Mr. Johnson indicated there were two containers at each entrance. Mayor Nee asked P1r. Johnson to come back in about six weeks to see what could be worked out with the staff or what progress has been made to solve the problem. Mr. Nick Garaffa, 6750 Monroe Street N E., felt fencing was an expensive operation and not knowin9 if it would solve the problem, he suggested perhaps putting a temporary snowfence along Main Street to see if it would catch some of the debris. Mayor Nee indicated the snowfence is designed to carry things over to the other side and, therefore, would not be of any use in this instance. Mr. Tauer stated if there are any doubts on whether a fence on the north and west sides will catch litter, just to take a look at the fence that exists now. He felt it helps greatly to control debris. P1r. Johnson is to meet with staff regarding this matter and come back to the Council in about six weeks for a report and possible solution. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #77-02, BY THOMAS E. MARXEN: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. I I 1 ' REGULAR MEETING OF MAY 16, 1977 I 0 FI 1 :► 1:1 PAGE 8 R STREET AND ALLEY VACATION SAV T 5801 6TH STREET N.E.. Mr. Sobiech, Public Works Director, stated a public hearing was held by the Council on this vacation request. The Planning Commission also held a public hearing and no ob�ections were raised regarding the vacation. 'Mr. Sobiech stated the question was raised of a walkway easement and he advised there is such an easement on a portion to the south of the sub�ect vacation. He stated the only stipulation is that a 10 foot easement be mainta�ned for watermain purposes. � � MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RATION OF FIRST READING OF AN ORDINANCE AP9ENDING CHAPTEF lg " io no nnrniirnr�.nrnirou. Mr. Sobiech, Public Works Director, stated, in reviewing contractor's license fees for the City, it appears the insurance requirements are low; therefore, �t is requested Council give consideration for first reading of this ordinance to change the requirements for contractor's insurance to more appropriate and up-to-date figures. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon its f�rst reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously There was a question raised on when this would go into effect and if it would apply to new licenses and renewals. Mr. Herrick stated this could be written into the ordinance. ERATION OF FIRST READING OF AN ORDINANCE TO REPEAL OL� CHAPTER 302 OF THE FRIDLEY Councilman Schneider clarified that under Section 302.15, Item 4, the 200 foot dog run applies only to dog kennels. Councilman Kukowski asked correction of the typing error under Section 302 15, Item 8, the word should be "quiet", not "quite" Mayor Nee questioned Section 302.07, the last paragraph and the words "or as otherwise provide� by law". Mr. Herrtck, City Attorney, stated th�s would apoly when the Animal Control Officer is in oursuit or in observance of a violation. Councilwoman Kukowski questioned that "premises" would mean in the yard area, not inside a residence. Mr. Herr�ck stated, technically, the Animal Control Officer might have the right to enter, but probably would not as a oractical matter. Councilman Fitzpatrick stated this ordinance provides that the Animal Control Officer may enter upon any pu6lic or private premises and is allowable and perhaps it shouldn't be. Mr. Herrick felt if there was concern on the Council's part, instructions could be given as to what the rights are and limitations. Councilman Hamerm k asked staff to expand onthe definition of A m mal Control Officer in the first paragraph. Mr. Qureshi, City Manager, felt the whole section could be eliminated, but �t becomes a question if the Council wants an effective animal control ordinance by giving some reasonable powers to enforce the ordinance. Councilman Schneider questioned if some information could be provided to the A m mal Cont,�ol Officer regardin9 the enforcement and limitations. � ,_ REGULAR MEETING OF P�IAY 16, 1977 Mr Herrick, City Attorney, stated something could be drafted for discussion. PAGE 9 MDTIGN by Councilman Hamer m k to waive the readina and approve the ordinance upon �ts first reading. Seconded by Councilwoman Kukowski. P10TION by Councilman Schneider to amend the above ordinance by changing Section 302.02 as follows. "It shall be unlawful for any person, or for the parents or guardians of any person under 18 years of a9e, who owns, harbors, or keeps a do9, to allow such dog, regardless of age of dog, to run at larne in the City of Fridley." Seconded by Councilwoman Kukowski MOTION by Councilman Schneider to strike the word "snowmobiles" under Section 302 03, Item 6 Motion withdrawn by Councilman Schneider. P10TION by Counc�lman Schneider to amend Section 302.041 as follows: "A permit and animal tag shall be required for a dog or other animal of canine species to be maintained within the City of Fridley." Seconded by Councilwoman Kukowski. MOTION by Councilman Schneider to amend Section 302 064 by adding the word "no" after the word C�ty at the end of the third line. Seconded by Councilwoman Kukowski UPON A VOICE VOTE taken on the above three amendments, all voting aye, P9ayor Nee declared the motions carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voting aye, P1ayor Nee declared the motion carried unam mously. CONSIDERATION OF_FIRST READING OF AN ORDI CHAPTER 11 OF THE CITY CODE Mr. Brunsell, City Clerk, stated this ordinance would change the dog license fees and enterta�nment license fees. MOTION by Councilwoman Kukowski to waive the reading and approve the ord�nance upon its first reading. Seconded by Counc�lman Schneider. Mr. Qureshi, City Manager, stated the new license fees will not cover the administrat�ve costs involved. Councilwoman Kukowski felt, however, if the licenses were not issued for the entire year, residents would not obtain the necessary license. UPON A VOICE VOTE TAKEN ON THE P10TION, all voting aye, Mayor Nee declared the motion carried unanimously RECEIVING THE MINUTES OF THE PLANNING COMISSION MEETING OF MAY 4, 1977 The Council received the minutes of the Plam m �g Commission P1eeting of hlay 4, 1977 and considered the following items� GARY PETERSON ZOA #77-01; 1316-28 OSBORPJE ROAD, 134n-46 OSBORNE ROAD AND 1345-47 rnrnnni,innnno norvr nnin i�ot oo MC11fV11.IMl1fl� norvr 1 ' MOTION by Councilman Schneider to set a public hearing for June 13, 1977. Seconded , by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated at the last Appeals Commission meetinn, there apparently was a consensus of a different rezoning other than what was orioinally proposed. He questioned how the legal not�ce should be published for the public hearing. Mr. Herrick, City Attorney, indicated the notice can state it is rezoning to R-2 and R-1. � � 1 REGULAR MEETING OF MAY 16, 1977 PAGE 10 -, t, Mr. Sobiech stated correspondence was received from Mr. Peterson this evening. Mayor Nee indicated they would receive this information at the time of the public heartng on June 13. Mayor Nee also requested a typed copy of the names of the persons signtng the petition be furnished at the time of the public hearing. Councilman Schneider also noted the names of the persons voting for or against th�s item were not listed in the Planning Commission minutes. IWEN TERRACE, P.S. #77-03, A.T. G MOTION by Councilman Schneider to set the public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NORTON A1IENUE HOMESITES, P.S. #77-04, WYMAN SMITN MOTION by Councilman Schneider to set the public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. APPEALS COMMISSION MEETING OF APRIL 26, 1977 MOTIOfJ by Councilwoman Kukowski to receive the minutes of the Appeals Commission Meetin9 of April 26, 1977. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CRAIG WILLEY, 6694 FRI�LEY STREET N.E.: Mr. Sobiech, Public Works Director, stated th�s is a request for four variances on property located at 6694 Fridley Street. The variances requested are as fol1ows (1) To reduce the minimum lot area from 7,500 square feet to 5,220 square feet; (2) To reduce the rear yard setback from 33.75 feet to 25 feet, (3) To reduce the minimum lot width from 50 to 40 feet; and (4) To reduce the street side of a corner lot from 17.5 feet to 4 feet. Mr. So6iech stated numerous discussions were held at the Appeals Commission Meeting and their vote was to deny this request. In response to a question by Councilman Fitzpatrick regarding 67th Avenue, Mr. Sobiech indicated it is not vacated. Mr. Willey appeared before the Council and stated, basically, this is a repetition of a request made in 1973 when he tried to find some means of makin9 this lot buildable for a single family residence. He explained the difference in this request from the one made in 1973 is that he would meet the standard setback requirement on the south side. Mr. Willey indicated he would like to make this lot buildable which he felt would be benefical to both the City and himself. Mr Dennis Drevniak, 6684 Fridley Street N.E., indicated he was opposed to tr�is variance. He stated a petition was presented to the Commission and most of the neighbors in the area are opposed to the variance. He indicated they would not be in favor of a 4D foot lot. Councilman Schne�der felt the Council has taken a strong posit�on on 40 foot lots to not encourage development and, therefore, he would not be in favor of this variance. MOTTON by Councilman Schneider to concur with the recommendation of the Appeals Commission and deny the following four variances (1) Reduction of lot size from 7,500 square feet to 5,220 square feet denied, because of overcrowding of the lot in a residential neighborhood; (2) Reduction of rear yard setback �- G ,_� REGULAR MEETING OF MAY 16, 1977 PAGE 11 from 33.75 to 25 feet - de m ed, because the lack of rear yard space would be a detriment to the neighborhood; (3) Reduce the mtntmum lot width from 50 to 40 feet - denied, because of excessive overcrowding on a n0 foot lot; and (4) Reduce side yard setback from 17.5 to 4 feet - denied, as it would disturb elements of the house to the west Further, the variances would effectively prevent any future use of the easement, if a home is situated within four feet of the easement. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: A recess was called by Mayor Nee at 10:32 p.m. RECON�ENED: The Council reconvened at 10:42 p.m. All Councilmembers were present. REPORT ON RESIDENTS' AN� MENARD'S �ISCUSSION P1EETING: Mr. Sobiech, Public Works Director, stated there apparently was some agreement reached with Menard's and the residents regardin9 their complaints of the loudspeaker system, debris and delivery trucks. Mr. Sobiech stated the staff will check back with them in a few weeks to see if the problems have been resolved. RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF MOTION by Councilwoman Kukowski to receive the minutes of the Cable Television Commission Meeting of April 27, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REAPPROVAL OF INNSBRUCK VILLAGE SECOND ADDITION (PREVIO .,�,.�..��., .,,. ,,,�� Mr. Sobiech requested the Council reapprove this plat. He stated there are no changes and the same stipulations are in effect. He further stated tt appears the 90 day requirement of the ordinance is not sufficient time for clearing titles, obtaining financing, etc. MOTION by Councilman Schneider to reapprove the plat for Innsbruck Village Second Addition. 5econded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR SEWER, WATER AND STORM SEWER PROPJECT #121: NAME BID DEPOSITS LUMP SUM BID REMARKS Ken�co; Inc. 8275 Central Avenue N.E. No seal on Bid Mpls., MN 55432 5� $27,570.08 Proposal Hennen Construction Company Tabulation error Route l, Box 65A total should be Rockford, MN 55373 5� $29,309.10 $29,308.50 TAC Encon Utilities Underground Utilities 1530 East Cliff Road Burnsville, MN 55337 Bianconi Construction Company 986 Bayard Avenue St. Paul, MN 55102 Burschville Construction P 0 Box 167 Loretto, MN 55357 Dawson Construction Company 1803 South Ferry Street Anoka, MN 55303 5% 5% 5% 10% $29,947.50 $31,065.90 $33,180.75 �33,662.50 No seal on Bid Proposal , , � � L__: ' REGULAR MEETING OF MAY 16, 1977 NAME Julian Johnson Company 1229 Osborne Road Fridley, MN 55432 I� DEPOSITS 5% A & K Construction Company General & Mechanical Contracting 9038 110th Street North Stillwater, MN 55082 10% LUMP SUM BID $39,628 94 $43,152.50 : u:: . � PAGE 12 Axel Newman Htg. & Plumb. Ta6ulation error 1608 Como Avenue W total should be St. Paul, MN 55108 10% $43,812 64 $43,992.65 CVM MOTION 6y Councilman Hamernik to receive the above 6ids. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. Mr. Sobiech stated it is recommended the low bid from Kenko, Inc in the amount of $27,570.08 be accepted for this pro�ect. MOTION by Councilman Schneider to accept the low bid of Kenko, Inc. in the amount of $27,570.08. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF APPROVAL OF CHANGE ORDER #l: STREET IP1PROVEMENT PROJECT ST. 1977-1 & 2: Mr. Sobiech requested this item be considered at the June 6, 1977 meeting to coordinate with other titems to be submitted to the Council at this time. MOTION by Councilman Schneider to table this item to June 6, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPRONING SALE OF TAX FORFEIT PROPERTY: Mr. Qureshi, City Manager, reviewed a list of tax forfeit properties and requested approval from Council, if they wished the County to sell the property in �une. Mr. Herrick, City Attorney, stated it would seem, when the City permits someone to buy property at public auction, you are, in essence, telling them there is some use for that property. He felt perhaps some notice should be 9iven at the time of the auction that lots not meeting minimum requirements of the code are not bu�ldable. Mr. Qureshi suggested eliminating the lots that are a0 feet or less from the auction sale. MOTION by Councilwoman Kukowski to approve the list of properties for the tax forfeit land sale, but removing all lots which are 40 feet or less Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. RESOLUTION N0. 51-1977 - ORDERING IMPROVEMENT, APPRDVAL OF PLANS AND ADVERTISING FOR BIDS• STREET IMPROUEMENT PROJECT ST. 1977-10 SEALCOATING MOTION by Councilwoman Kukowski to adopt Resolution No 51-1977 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unammously. RESOLUTION NO 52-1977 - AUTHORIZING AND DIRECTINC THE COMBINING OF SPECIAL ASSESSMENTS ON OUTLOT 1 AND OUTLOT 2 EX PARCELS 680, 700 AND 750 , MOORE LAKE HIGHLANDS 4TH: MOTION by Councilwoman Kukowski to adopt Resolution No. 52-1977. Seconded by Council- man Schneider. Upon a voice vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. ,- � � ��'�� REGULAR MEETING OF MAY 16, 1977 PAGE 13 nESOLUTION N0. 53-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS TO LOT 32, AU�ITOR'S SUB. NO 129, AND APPORTIONING INTO DELEIER ADDITION• h40TI0N by Councilman Schneider to adopt Resolution No. 53-1977. Seconded 6y Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. RESOLUTION N0. 54-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSPIENTS , ON PARCEL 1800, SECTION 3 AND APPORTIONING INTO PARCELS 1800 AND 1900, SECTION 3: Councilman Schneider questioned where these parcels are located. Mr. Qureshi, City Manager, stated they are at Main Street and 81st Avenue and advised the parcels are over 2.5 acres in size and, therefore, can legally be split without plattrng or a lot split. MOTION by Councilman Hamernik to adopt Resolution No. 54-1977 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 55-1977 - AUTHORIZING AND �IRECTING THE SPLITTING DF SPECIFlL ASSESSMENT MOTION by Councilwoman Kukowski to adopt Resolution No. 55-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE• �I�I:lul� POSITION Anthony J. Mack Operations Maintenance 5121 Hughes Avenue Person, Street, Public Frtdley, MN 55421 Works Division EFFECTIVE SALARY DATE REPLACES $1,088/ May 16, 1977 Dennis Rambow �iortth MOTION by Councilman Fitzpatricl< to approve the appointment of Anthony P4ack as an Operations Maintenance Person at a salary of $1,088/month, effective May 16, 1977. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Playor Nee declared the motion carried 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 Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SWIMMING POOL LICENSES. Councilman Hamernik questioned approval of the svaimming pool licenses. MOTION by Councilman Hamernik to approve the swimming pool licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried una m mously. CLAIMS MOTION by Counc�lman Schneider to authorize payment of Claims No. 717H33 through 132884. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ESTIMATES• Sm�th, Juster, Feikema Suite 1250 Builders Exchange Building Minneapolis, P1N 55402 For legal services rendered as Prosecutor by Carl Newquist for the month of April, 1977 $1,6'20.00 ' ' � � � REGULAR MEETING OF MAY 16, 1977 Weaver, Talle & Herrick 316 East Main Street Anoka, MN 55303 For legal services rendered as City Attorney by Virgil Herrick for April, 1477 $1,628.45 PAGE 14 MOTION by Councilman Hamernik to approve the above estimates as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESIGNATION - MICHAEL PARIPOUICH: Mayor Nee read the letter of resignation from Michael Paripovich who submitted his resignation from the Environmental Quality Commission, as he is leaving the City. MOTION by Councilwoman Kukowski to receive the resignation Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee requested a list of persons be submitted, when the Council considers an appointment to this vacancy. DISCUSSION OF BI'NGD REPORTS: Mayor Nee felt different recording standards are being used by the organizations reporting bingo proceeds. It was requested the staff check into this item further. PARKS AND RECREATION BULLETIN: Councilwoman Kukowski indicated in the back of the Parks and Recreation Summer Bulletin, the members of the Parks and Recreation Commission should not be listed as Commissioners. Mr. Qureshi stated this will be corrected for the next publication. Councilman Fitzpatrick indicated he has received favorable comments on this brochure. ADJOURNMENT: MOTION by Councilwoman Kukowski to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 16, 1977 ad�ourned at 11 22 p.m. Respectfully submitted, �l�c�,-°��r ��GLG�' r��..— Carole Haddad Secretary to the City Council Approved: June 6, 1977 William J Nee Mayor