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12/19/1977 - 00014313^ �_ �� ��P�di THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 19, 1977 The Regular Meeting of the Fridley City Council was called to order at 7:30 p,m. by Mayor Nee PLEDGE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA: Councilman Schneider, Mayor Nee, Councilman Hamerm k, and Councilman Fitzpatrick None (Councilwoman at Large Carroll Kukowski resigned November 21, 1977.) MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unammously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 7, 1977: The City Council received the minutes of the Planning Commission Meeting of December 7, 1977 and considered the following items: SUNDIAL REALTY COMPANY, ZONING ORDINANCE AMENDMENT 7_OA #77-04, 961 HILLWIND ROAD. MOTION by Councilman Schneider to set the public hearing for �anuary 16, 1978 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SUNDIAL REALTY COMPANY, LOT SPLIT L 5. #77-14, 961 HILLWIND ROAD: This item to be considered in conjunction with the rezoning request. HOLIbAY VILLAGE INC , SPECIAL USE PERMIT S.P. �77-15, 250 57TH AVENUE N.E.: Mr. Sobiech, Public Works Director, explained this was a request for a Special Use Permit by Holiday Village to allow construction of a photo center booth in the park�ng lot of the Holiday Village Store. Mr. Sobiech ind�cated on a map the proposed location of the photo center. He stated the Planning Commission held a public hearinq and recommended approval with the stipulations that it would 6e a Holiday Village, Inc. function and that in the event the photo booth is moved, that the concrete base also be moved from the area. Councilman Fitzpatrick questioned whether the prior requests have been fulfilled regarding the landscaping and parking lot clean-up. Mr. Sobiech stated the landscaping and maintenance on the parking lot is proceeding to try and enhance the aesthetics of the property. He stated Holiday �illage �ntends to put berming along 57th Avenue to attempt to contain the litter on their property. Mr. Sobiech suggested that one of the stipulations be that the landscaping plan, as discussed with the Plam m �g Department, be completed as soon as possible. Mr. Sobiech stated there has been discussions on fencing, but Holiday has indicated they would like to attempt to control the litter w�th berming. He also pointed out they intend to provide more attractive waste containers in the parking lot in hopes of hav�ng people make better use of them. 1 ' , � � REGULAR MEETING OF DECEMBER 19, 1977 ,�, ', � PAGE 2 Mr. Steinman, representing Holiday Village, indtcated they are attempting to keep the parking lots clean and daily making trips throughout the neighborhood to check for any carts that may leave the prem�ses. He indicated signs are posted tellrng persons to leave the carts on the premises, but they still have people taking them off their property. Mr. Steinman also pointed out they are purchasing waste containers in the form of a beetle in hopes of making people more aware of the containers and making use of them. Mayor Nee questioned what would be their ob,7ections to a cyclone fence. Mr. Steinman felt it didn't look good and they would prefer the berming. Ne indicated they have a bond posted with the Ctty to finish up this work and intend to put in the berm in the spring. Mr. Sobiech indicated the staff is trying to come up with a means of eliminating the litter and have an attracttve site. He felt, if the berming and landscaping doesn't accomplish th�s, poss�bly fencing would have to be considered. MOTION by Councilman Fitzpatrick to concur with the Planning Commission's recommendations and stipulations and grant Special Use Permit #77-15 with the further condition that Holiday proceed with the berming and landscaping plan and continue their attempts to control the litter and keep the carts conta�ned on the�r property. Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. R.C.E. CDRPORATION, ZONING ORDINANCE AMENDMENT ZOA �77-05, 7899 EAST RIVER MOTION by Councilman Fitzpatrick to set the public hearing for January 16, 1978. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ERT'S ADDITION, PLAT SUBDIVISION P S. �77-07, BY ARTHUR FRETAG, INTERSECTION OF MOTION by Counc�lman Schneider to set the public hearing for January 16, 1978. Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT WITH ARCHITECTURAL SERVICES FOR EXPANSION OF MUNICIPAL Mr. Sobiech, Public Works Director, stated this item, regarding expansion of the Municipal Garage, was discussed durin9 preparation of the 1978 budget and funds were allocated for this pro�ect. He requested the City Council consider retai m ng the architectural firm of Patch Erickson Madson, Inc. to prepare preliminary plans, specifications and estimates and coordinate construction of the proposed expansion. Mr. Sobiech stated this firm is being recommended since they have previously provided excellent service to the City in association with the construction of the Municipal Liquor Store and expansion to the or�ginal Municipal Garage MOTION 6y Councilman Hamernik to approve the agreement with Patch Erickson Madson., Inc. and author�ze execution. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BID AND AWARDING CONTRACT FOR REMOVAL AND REPLACEMENT OF MISCELLANEOUS 13 ,Mr. Sobiech, Public Works �irecior, explained only one bid was received for removal and replacement of miscellaneous concrete curb and gutter and driveway openings for 1978 This one was received from Halvorson Construction Company. Mayor Nee questioned how the advertisinq was done for the bids. Mr. Sobiech stated �t was advertised in the Sun Newspaper and proposals were ma�led to other listed contractors, however, they did not bid on the project. Councilman Schneider asked if they advertised in the Minneapolis or St. Paul papers. Mr. Sobiech indicated they had not for this pro,7ect, but more advertising is done for larger pro�ects. ._'. C.Y � + REGULAR MEETING OF DECEMBER 19, 1977 PAGE 3 Mr. Sobiech stated Halvorson Construction has performed satisfactory work for Fridley �n 1977 and based on this and the unit bid su6mitted, it was recommended the bid be accepted. P10TION by Councilman Hamerm k to receive the btd and award the contract to Halvorson Construction Company, 4227 165th Avenue N E., �lyoming, Minnesota; Bid Bond--Great American Ins Corp 5�, Proposal A,um t orice--"13.80; Alternate A, Emergency Basis, um t price--$15.00; Proposal B, unit price--$16.50, Alternate B, Emergency Basis, , unit price--$18.00, P4iscellaneous $18 x 2,600 lrn. ft =$46,80D. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LEASING SEARS' PROPERTY FOR SNOWMOBILING• Mr. Brunsell, City Clerk, stated the City has been in contact with Mr. Kozie regarding the use of the Sears property on U m versity Avenue for a designated snowmobile area, Mr. Brunsell stated that Mr. Kozie would be mail�ng a lease to the City and the main points covered by the lease would be insurance coverage and the City agreeing to vacate the property should Sears sell �t. Mayor Nee questioned the cost for the insurance coverage. Mr. Brunsell stated orig�nally the insurance agent stated it would be about $150 per year, however, in checking with him further, he was advised there would be no cost to the City because of the State law indicating no liability for the property owner. MOTION by Counc�lman Hamernik to approve the lease agreement with Sears contingent upon rev�ew and approval by the City Attorney. Further, that signing be placed so that the southerly 200 feet ad�acent to the resident�al property be restricted from snowmobile use and with access and parking provided on 73rd. Seconded by Councilman Schneider Mr. So6iech stated he had inquiries from residents in the area regarding restrict�ons of the noise level. He indicated they also mentioned that area is used by cross-country skiers. ' Mr. Herrick, City Attorney, indicated the noise levels are covered in the State 5tatute, and if there is nothing �n the C�ty ordinance to the contrary, the State Statute would apply Councilman Hamernik questioned if the area was used quite extensively for cross-country skiing. P4r. Sobiech indicated he wasn't sure, but perhaps the signing would restrict the snowmobilers and provide some area for skiing. Dr. Chuck Boudreau,Parks and Recreation Director, questioned the terms of the lease and the length of the agreement. Councilman Hamernik indicated he assumed it would be renewable on an annual basis. He stated he didn't believe it would 6e restricted to snowmobiling, 6ut possibly whatever activities the City may want as long as Sears is not 1ia61e Dr. Boudreau felt it may 6e a good area for snowshoeing and community garden plots. UPON A VOICE VOTE TAICEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 138-1977 - AUTHORIZING THE SALE OF SURPLUS FIREWOOD (ISLANDS OF PEACE): Councilman Hamernik stated he attended the Islands of Peace Board of Directors Meeting and ' this item was discussed and the method of disposing of this firewood. Mr Maynard N�elsen, 7144 Riverview Terrace, stated the County has cut the wood, and the Islands of Peace would like to splii it and sell it and have the proceeds go to the Islands of Peace Foundation. Mr. Herr�ck, City Attorney, asked if there was any pro6lem with Dutch Elm or Oak Wilt with this firewood. Mr. Nielsen stated they would be selling no diseased wood. REGULAR MEETING OF DECEMBER 19, 1977 PAGE 4 Mr. Brunsell stated the way the resolution is worded the proceeds would go to the Islands of Peace Fund in the City. MOTION by Councilman Fitzpatrick to adopt Resolution No 138-1977. Seconded by Councilman Schneider MOTION by Councilman Hamernik to amend the last sentence in the resolution to read �as follows: "Such firewood may be sold under the d�rection of the Islands of Peace Executive Committee with any receipts to go to the City's Islands of Peace Fund." 5econded by Counci1man Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. � UPoN A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Hamernik requested that Dr. Boudreau comment on the Dutch Elm disease on Gil Hodges' Island �r. Boudreau stated the Forester had checked to see if there was a problem witn Dutch Elm disease and indicated it was not severe. He stated, in check�ng with the State, the City is not, by law, responsible for the islands. Dr, Boudreau �ndicated he was referring both to Gil Hodqes' and Chase's Islands. Mr. Ed Wilmes stated the County has plans to work on the north end of Chase's Island to clean up that area. Mayor Nee questioned if the County was coordinat�ng these activ�ties with the City, Dr. Boudreau indicated he wasn't aware of their plans He stated, when the Council gave permission for the County to provide assistance to the Islands of Peace, the City was told they would be given a written agenda of what was to be done. He stated they have not received this information, in writing, but have been kept informed verbally He staied he has been to see what is taking place and it is a general clean-up. Mr. Wilmes stated they have had cooperation with the Public Works Department and according to the lease agreement, the City is responsible for maintenance of Chase's Island and they had to go to the County as the City did not maintain it. Mayor Nee pointed out he was not ob�ecting to the assistance by the County, but only saying that approval should 6e secured from the City's Park Department. Playor Nee stated whoever the City Manager, Mr. Qureshi, assigned as the liaison from the City, they should work through that person. Mr. Wilmes stated if that is the rouie they have to take, then they will proceed in that manner. CLAIMS MOTION by Councilman Hamernik to authorize payment of Claims No 341946 through 348993. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES� MOTION by Councilman Schneider to approve the ltcenses as submitted and as on ftle tn the License Clerk's Office. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ESTIMATES: Eugene A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, Minnesota 55391 Estimate #6 for Moore Lake Evaluation and Restoration Project dated December 8, 1977 $ 489.90 �%�'�; 7� �� REGULAR MEETING OF DECEMBER 19, 1977 Smith, Juster, Feikema, Chartered i250 Butlders Exchange Buiid�ng Minneapolis, M�nnesota 55402 For Legal Services during November, 1977 as Prosecutor $1,764.00 PAGE 5 MOTION by Councilman Fitzpatrick to approve the above estimates as submitted. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF REQUEST FOR SUPPORT BY MOUNDS VIEW CITY COUNCIL REGARDING ANOKA COUNTY AIRPORT AND . 139-1977 - OPPOSING RECLASSIFICATIOPJ OF : :'1: 1 :l Councilman Schneider stated he received a phone call from one of the members of the Mounds View Planning Commission who indicated they would be at the meeting around 9:30 to discuss this item. Councilman Hamernik indicated he was also contacted by a member of the P1ounds View Plam m �g Commission. He stated, from the information supplied, he was a bit surprised on how much of Fridley 7s enclosed in the proposed expansion area of the airport. ' Mr. Sobiech stated this item was briefly discussed w�th the Planning Staff. He indicated he didn't feel this would affect Fridley too much unless the aliqnment of the runways are rearranged. Councilman Hamernik stated what he gathers now is that they have no assurance of ' the runway pattern. Councilman Schneider stated he understands there will be a National Guard Armory, contingent on the ungrading of the airport. Councilman Fitzpatrick po�nted out the resolution simply requests they be given more information. Mayar Nee stated he phaned Mayar Fogerty to see what Blaine's posttion was and he indicated they were in favor of the development. MOTION by Counc7lman Schneider Hamernik. Upon a voice vote, unanimously. ADJOURNP1ENT• to adopt Resolution No. 139-1977. Seconded by Councilman all voting aye, Mayor Nee declared the motion carried MOTION by Councilman Hamernik to ad,7ourn 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 Fr�dley C�ty Counci7 of December 79, 1977 ad,7ourned at 8:50 p.m. Respectfully submitted, /i ,/ J/ / Li� ,c.�, -C �_ �'7 4 �- c�cL�Gc..c{� Carole Haddad Secretary to the City Council Approved W711fam J. Nee Mayor '