Loading...
06/05/1978 - 00014145_� �' �Y THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 5, 1978 The Regular Meeting of the Fridley City Council was called to order at 7 38 p.m. by Mayor Nee. PLE�GE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ' ROLL CALL. MEMBERS PRESENT: Councilman Fitzpatr�ck, Councilman Hamernik, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES BOARD OF REVIEW MEETING OF MAY 8, 1978: MOTIQN by Counc�lman Hamernik to approve the minutes as presented. Seconded 6y Counctlman Schneider. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING OF MAY 8, 1978 MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unantmously. CONTINUE� BOARD OF REVIEW MEETING OF MAY 15, 1978 MOTION by Councilman Hamernik to approve the minutes as presented Seconded , by Counc�lman Fitzpatrick. Upon a voice vo�e, all vot�ng aye, Mayor Nee declared the motion carried unanimously. REGULAR GOUNCIL MEETING �F MAY l5, 1978 MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Counctlman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ADOPTION OF /1GEN�A: Mayor Nee requested two additions to Licenses. (1) Fireworks Permit for the lOD Twin Drive-�n and (2) Fireworks Permit for the Fridley V.F.W. Post 363 Mayor Nee stated the staff also requested an item be added: "Consideration of a Resolution �lpproving Final Plans and Specifications, Street Improvement Pro�ect ST. 1978-2 (Sidewalk on 7th Street, 61st to 63rd) (Addendum #1)•" MOTION by Councilman Hamernik to adopt the a9enda as amended. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, UISITORS: � Ms. Connie Modig, Chairman of the DFL Club, expla�ned their request regarding licenses She explained they are requesiing a license to sell pop at the 49er's game and even though the application was also for a beer license, they find this will not be economically feasible because of the insurance requirements. She stated, when appearing before the Parks and Recreation Commission, they asked for use of their concession stand and this request was denied. She stated, however, they were not discussing licenses with the Parks and Recreation Commission. Ms. Modig stated she would like to see someth�ng in writing regarding the use of the concession stand so they know who is eligible to use I � ,� REGULAR MEETING OF JUNE 5� 1978 PAGE 2 the stand. She stated, at this time, however, she is concerned only with the l�cense to sell pop. Mr. Ed Wilmes, 6350 Riverview Terrace, stated there has been concern by residents on the number of trees that were cut down on the Islands of Peace. He stated he met with these residents and took them on a tour of the Islands of Peace so they could see what ts being done. Mr. Wilmes stated they have planted a total of about 325 trees. Mr. Wilmes stated he wished to give thanks to Bailey Nursery, who donated some of the trees, and the Department of Natural Resources, who donated seedlings He stated he also wished to thank the Prudential employees and the Minneapolis Campf�re girls, who donated their time to plant the seedlings. Mr. Wilmes also stated, he hoped, in time, there would be an area for camping for the handicapped. Mr. Wilmes read a note written by a girl in a nursing home which conveyed what the Islands of Peace is about. He stated she recogntzed the Islands of Peace as be�ng a much needed place Mr. Wilmes stated late Senator Humphrey wrote that the Islands of Peace can surely be a true example for other states to follow. vice President Mondale wrote that the Islands of Peace project will serve as a model for future development of public parks to meet the needs of the handicapped. Mr Wilmes stated, if ever there are any questions regarding the Islands of Peace, hopefully the citizens of Fridley will contact them. Mr. Henry Peterson appeared before the Council and explained the�r plans for the 49er Celebration. He stated, last year, they had a first class, eight division parade and as of th�s date, they have a six division parade He stated the last full week in June will be a great celebration in Fridley. He also stated the 49er's are selling hats for $2.00, with $1.OD going to help for the cost of the celebration and encouraged everyone to purchase one Mr. Doug Juenemann, 628D 7th Street, asked about the developm2nt on 7th Street, east of the City Hall, and what it would consist of. Mr. Sobiech, Public Works Director, stated in the center of the site, there would be townhouse units ihat will house families. In another portion will be a five-story senior citizen complex and surrounding the block on 7th and 63rd, there would be privately owned single family homes. Mr Sobiech stated this is a pro�ect that is privately developed by the Canadian Financial Corporat�on and they are using housing and urban development funds, through the Minnesota Housing Finance Agency, to help finance some of the senior citizens' housing and family housing. Mr. Juenemann stated this is a complete change from a year ago. He stated nobody was notified in the area that they were making these changes. He stated this was to be a special zoning area. Mr. Sobiech explained that the plans were not different and that this development is similar to a development in Golden Valley. Mr. �uenemann questioned who would be eligible to live in these units. Mr. Sobiech stated they are marketable untts, 6ut will 6e geared to low and moderate families and senior citizens Mayor Nee explained the rents for these units would be $302 for a one bedroom, $385 for a two bedroom; and $415 for a three bedroom. Mr Juenemann asked who wou7d pay the rents, Mayor Nee stated the tenant would pay, or if they are eligible, they can get Federal assistance. 1 � ' � � � } � l REGULAR MEETING OF JUNE 5, 1978 PAGE 3 Mayor Nee stated he thought the Council had a whole series of citizen reaction regarding this development. He stated what actually happened was a substant�al reduction in the density. He stated, originally, they were thinking about 144 units, however, now there w�ll be 93 family housing units and 103 senior citizen units. Mr. Reginald Cobb, 6281 6th Street, was concerned about the construction of these units. He asked if the City was aware that economy lumber is betng used in the construction. Mr. Cobb also asked if it was strictly senior citizen and low rental housing. Mayor Nee stated, 6asically, there are three kinds of housing, single family, the high rise for sem or citizens and the apartments. He stated there will be a few people in the area that will be eligible for rent subsidy. He assumes that a fair number of people in the units could be, in some way, subsidized. He stated, depending on their income, HU� will pay the balance of the rent Mr. Cobb stated he was concerned a6out the value of their property with the construction of this pro�ect. Mayor Nee stated he felt ii would increase the value Mr. Sobiech stated the staff would check into the construction as it must be in compliance with the bui1ding codes. Councilman Schnetder stated the Section 8 rental subsidy program is not tailored for that particular complex. He stated some of the people living tn those apartments will be subsidized and some will not Mr. Cobb stated he thought, when it was rezoned, the taxpayers were supposed to be notified. Councilman Hamern�k stated this development didn't require any rezoning, only a special use permit for the senior citizen building. Mr. Sobiech stated, in past proposals for this property, there was a need for variances, but the property was zoned R-3 and as long as the developers comply w�th the Zom ng Code as far as density, size, etc. they can proceed wlth development. Councilman Barnette stated the previous owner of the property was before the Council several times and each time increased the num6er of um ts. He stated the Canadian Financial Corporation then came in and submiited a very attractive layout. He felt the unique part of this development is that there are some single family homes. Mr. Cob6 also asked tf it wasn't the law in Fr�dley, when they have complexes like this, to provide a shelter in the case of tornadoesa Mayor Nee stated, this is not a law, but probably should be somethin9 to look into, especially in trailer parks. Mr. Juenemann asked if the apartments being subsidized are for the poor people in Fridley. Mayor Nee felt anyone could apply as long as their income didn't exceed $16,000. Mr�. Sobiech felt they may 6e getting this deve1opment confused with public housing sites. Councilman Fitzpatrick stated, if an individual wants to rent one of the units, they apply directly to HUD. Under Section 8, they have to pay a rental up tp one-fourth of their annual salary and, if their particular um t costs more, then the owner gets the balance of the rent from Sect�on 8 funds. REGULAR MEETING OF �UNE 5, 1978 PUBLIC HEARINGS: CONTINUED PUBLIC HEARING ON PARKS AND OPEN SPACE PLAN: PAGE 4 Mr. Sobiech, Public Works Director, stated the public heartng on the Parks and Open Space Plan was cont�nued and was d�scussed at the Council's Conference P1eeting. He stated this plan would be brought back later in the year, a� part of a total package of an overall comprehensive plan. He stated, at that time, they would bring 6ack solutions to barrier problems ' for qetting people to the neighborhood parks. He stated the items discussed by the Council, along with input from the Comntssions, would be brought back at a future date. No persons in the audtence spoke regarding the Parks and Open Space Plan. MOTION by Councilman Barnette to close the public hearing on the Parks and Open Space Plan. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously and the public hearing c7osed at 8:15 p.m. OLD BUSINESS: ORDINANCE N0. 677 FOR STREET AND ALLEY VACATION SAV #78-01, BY JOSEPH SINIGAGLIO; GENERALLY LOCATED BETWEEN THE 4700 BLOCK AND 48D0 BLOCK ON 3RD STREET: MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 677 and adopt it on the second reading and publish. Seconded by Counc�lman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 678 FOR ZONING ORDINANCE AMENDMENT ZOA �78-04, BY THE CITY 57th AVENUE TO 61ST AVENUE AND UN N ERSITY TO MHIN STREET: ' Mayor Nee pointed out the ordinance now includes Lots 3 and 4 of Block 8 of Ctty View Addition in the rezoning and a waiver has been received from the property owner, Mrs. Abitz. MOTION by Councilman Fitzpatrick to receive the waiver notice from Mrs. Theresa Abitz as shown on Page 3E of the agenda book. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to waive the second read�ng of Ordinance No. 678 and adopt it on the second reading and publish, with the amendment to include Lots 3 and 4, Block 8, City View Addition in the rezoning, the same being 216 - 57th Place. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. Mr. Sobiech, Public Works Director, stated Holiday Village, the owners of the property at 210 - 57th Place are not interesied in having this property rezoned and the property at 218 - 57th Place is part of an estate and property owners are located throughout the country. ORDINRNCE NO 679 FOR ZONING ORDINANCE AMEN�MENT ZOA �78-D2, BY MARQUETTE MOTION by Councilman Hamernik to waive the second reading of Ordinance ' No. 679 and adopt it on the second reading and publish. Seconded by Councilman Barnette. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT TO HUMAN RESOURCES COMMISSION (TABLES 5/1/78 and 5/15/78); Councilman Barnette nom�nated Marlyis Carpenter for appointment u �, 9 REGULAR MEETING OF ,]UNE 5, 1978 Councilman Fitzpatrick nominated Peter Truenfels. Councilman Hamernik nominated Betty Enkhaus. PAGE 5 Each Counctlman reviewed the backgrounds of the person they nominated for appointment. UPON A ROLL CALL VOTE TAKEN ON THE NOMINATIDNS, Councilman Barnette, Councilman Schneider and Mayor Nee voted for Marly�s Carpenter, Councilman Hamernik � voted for Betty Enkhaus; and Councilman Fitzpatrick voted for Peter Truenfels Mayor Nee declared Marlyis Carpenter appointed to the position on the Human Resources Commission by a 3-2 vote. NEW BUSINESS: CONSIDERATION OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #78-03, BY THEODORE BURANDT, REZONE FROM R-3 TO CR-1; 941 HILLWIND ROAD N.E.. Councilman Schnetder stated his concern has been with the residential property to the North and stated he did talk with ihe persons living in this residential single famiiy home. He stated they have indicated they are confortable with the rezoning appllcatZon that is before the Counc�l. Councilman Schneider stated the pet�tioner, Mr. Burandt, has met with the staff to insure that ihe residential unit would be brought to code in order to be used as an office building. He stated he believes Mr. Burandt is in agreement w�th the 17st of 9 stipulations recommended by staff. MOTION by Councilman Schne�der to waive the readin9 and approve the ordinance upon first reading, w�th agreement by the petttioner on the 9 sttpulations outlined on Page 6A of the agenda book, before the second readin9 of the ordinance. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Councilman Schneider stated, because of the existing real estate development on that corner, he felt the council is somewhat locked into this situation. He stated, in general, he would not be supportive of a residential structure being used as an office, but because of the unique character of the development on this corner, he felt it would be acceptable with the stipulations recommended by staff. Mr. Burandt stated he would go along with the Sign Ord7nance tn its entirety, but still felt the height of six feet for the sign is a safety factor and that it should be of a height that is unreachable for children. Mr. Sobiech, Publtc Works Director, stated the Sign Ordinance states what the height restrictions are and there has been considerable discussion on this item, and felt the ordinance should be followed. Mr. 6urandt stated he intends to follow the ordinance, but wanted to be on record that he ob�ects to it. 8 OF THE CITY CODE OF � Mr. Quresht, City Manager, stated more and more people are getting into the 6usiness of sweeping chimneys and it was felt there should be some control by the Ctty. It is recommended, therefore, that this trade 6e added to require a license and require persons to carry some kind oF insurance. MOTIQN by Councilman Fttzpatrick to waive the readtng and approve the ordinance upon first reading Seconded by Counctlman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. � rJ � � REGULAR MEETING OF �UNE 5, 1978 ION OF A REQUEST FOR SPECI PAGE 6 pERMIT. SP �78-05. BY BENNIE Mr. Sobiech, Public Works D�rector, stated this is a request for a speciai use permit to allow a disco teen center operatton at 81st and Beech Streets. He stated the Piann�ng Commission had recommended denial and a public hearing was held before the Counc�l antl input was received at that time from the Public Safety �irector regarding his concerns. Mr Sobiech stated the d�sco operation is proposed to be located in an �ndustrial zoned area. Councilman Schneider stated he had reason to believe that the disco center in Eagan ts not operated and owned by the petitioner, Mr. Rozman. Mr. Rozman stated he �s not now operat�ng the disco center in Fagan, but it is operated by his nephews. He stated he provided the financial backing and ]aid out the ground rules. Mr. Tom Obert, owner and manager of Great Skate at Osborne Road and Highway 65, stated they have obtained a dance perm�t from the Ciiy of Spring Lake Park to operate a disco teen center at Great Skate and felt approval of this special use permit would have an adverse effect on his business Mayor Nee stated he hoped Mr. Obert understood that they couldn't consider his statements as argumentative Mr. Herrick, City Attorney, stated Mr. Obert certainly is at li6erty to make the statement, however, this could not 6e grounds for determination as to whether the application for the special use permit should be approved or denied. � Mr. Rozman stated he is glad Mr. Obert feels he would be undue competition. He stated it has come to his attention that a few things have to be looked ' into and asked the Council to table h�s request for two weeks, if possible. MOTIOP� by Councilman Hamernik to table th�s request for a special use permit to the June 19, 7978 meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COPIP4TSSION MEETING OF MAY 17, 1978: l. COMPREHENSI�E SEWER PLAN MOTION by Councilman Fitzpatrick to set the public hearing on the Comprehensive Sewer Plan for June 12, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. 2. APPEALS COMMISSION MEETING OF MAY 9. 1978: SANDY O�EN, 5821 2� STREET Mr. Sobiech, Public Works Director, stated this is a request for variances to reduce the requ�red side yard setback from 13 to 8.7 feet; to reduce the minimum lot width from 5D to 40 feet, and to reduce the lot area required for a lot recorded before December 29, 1955 from 7,500 square feet to 5,218 square feet to allow a 2D x 20 foot addition for property at 5II21 2z Street. Mr. Sobiech stated the Appeals Commission did hear the matter and recommended approval. The petitioner, Ms Oven, was not present regarding her request for the variances. MOTION by Councilman Fitzpatr�ck to concur wtth the recommendatton of the Appeals Commission and approve the requested variances, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � � � �^? l �i 1 REGULAR MEETING OF JUNE 5, 1978 PAGE 7 � Mr. So6iech, Public Works D�rector, stated this is a request to permit a variance to the free standing sign requirement at the Shorewood Plaza Shopping Center to increase the max�mum square footage from 80 square feet to 344 square feet. He stated there presently is an existing free standing sign of approximately 250 square feet and the additional variance requested is to reduce the mimtmum setback for the sign from the requtred 10 feet to "0" feet, to allow construction of a second free standing s�gn at the Shorewood Shopping Center. Mr. Sobiech stated this item was heard by the Appeals Commiss�on and they recommended denial for several reasons: (1) because of a lack of information, including an overall plan for signage that had been requested by staff; (2) excessive square footage of the existtng sign, (3) because of a prior request that the sign be removed; (4) a traffic safety factor resultin9 from the py1ons being located directly next to a driveway, and (5) having two pylon signs for a shopping center may not be desirable. Mr. Sobiech stated they have indications from the Shopping Center owner, Mr. Saliterman, that they would like to incorporate a mansard signing system into the ex�sting structure which would, more or less, present a scheme for the entire shopping center complex. He stated he hoped they would have a plan that could perhaps incorporate the Shorewood Plaza existin9 sign, with the new business. Mr. Chuck Nordquist of the Nordquist Sign Company, spoke on behalf of Plaza Villa Restaurant, and fe1t the free standing stgn was a6solutely necessary for the restaurant He stated he believed the shoppin9 center �s allowed two pylon s 9ns and they now have one existing sign and this would be the second. Councilman Schneider stated a new Sign Ordinance has been developed, since the I<tng Chalet went out of business, and it was the Council's intention, when they asked the sign be removed, that the pylon also would be taken down He stated the City hasn't actively pursued trying to get the pylon taken down because by Au9ust 1 plans should have been submitted for signing Councilman Schneider explatned the intent of the free standing signs in the shoppin9 center were to identify the shopping center and the signing on the building itself would be used to identify each of the bus�nesses within the center. Mr Wyman Smith stated the pylon sign was a$10,00D investment for Mr. Saliterman which hasn't been amortized as yet. He stated when it wears out, it will be replaced with a sign that would conform. He stated Mr, ElliottSaliterman �s here thls evening and would conflrm the fact that he was in agreement with the City staff's expectattons with making improvements around the extsting sign wtth some greenery, curbs, etc. Mr. Smith stated the sign plan for the center will take a number of months to complete, however, the staff has been notified of their intentions. Mr. Elltott Saliterman stated, initially, when they were trytng to rent the King Chalet property, part of the real property �ncluded the possible use of the existing sign and tnen the ordrnance was changed and they would again like to use the existing sign. He felt the identification sign would be very �mportant for the new restaurant going �n the shopping center. Councilman Schneider stated the problem is, if they approve this sign, there �s no way the shopping center can 6e in conformance with the SZgn Ordinance because this sign alone is over the maximum allowed. Mr. Sobiech, Public Works Director, asked if they had looked into the possibility of incorporating the restaurant signing into the pylon. REGULAR MEETING OF JUNE 5, 1978 PasE s Mr. Saliterman stated Mr. Sobiech's point �s a valid one, but what is then to prevent all the other businesses in the shopping center requesting the same consideration. Mr Saliterman stated they are almost ready to let contracts for the mansard signing which wi17 be built a few feet beh�nd the existing signs. He stated the existing signs at this time will remain jusi above the canopy, as they are now. Mr Sobiech asked about the Country Club sign which now exists. Mr. Saliterman felt they would be agreeable to coming down on the canopy with their sign. Mr. Saliterman then explained his plans for the mansard signing. Mr. Sobiech stated he didn't have any problem with the concept, but is trying to get a decrease in the amount of footage and do away with the existing pylon. Mr. Wyman Smith stated he would agree that once this center expands, then no longer will the existing sign meet the needs and the sign will be changed. Mayor Nee questioned the ltfe of a free standing sign. Mr. Nordquist felt the ex�sting pylon sign would be good for another six or seven years. Mayor Nee asked Mr. Sal�terman if he would be willing to change the sign in six years and he stated that would be a possibil�ty. Mayor Nee stated he does not like to disagree with the recommendation of the Appeals Commission, but did feel the restaurant sign was needed. Councilman Schneider stated he would feel more agreeable to allowing the proposed stgn, if the owners could show a movement in bringing the sign into compliance vrtth the code in a certa�n period of time. Mr Sobiech stated this is the reason why staff felt the need for an overall sign plan. Councilman Schneider felt the objective would be to 9et the overall plan, and an a9reement regarding the mansard sigrs and what sieps would 6e taken by the owner to bring the signs into compliance with the Sign Ord�nance MOTION by Councilman Schne�der to table this item and refer it to staff for further work and information. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Plannrng Commission meeting of May 17, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion unam mously. RECEIVING THE CABLE TELEVISION COMMISSION MINUTES OF MAY 18, 1978: MOTION 6y Councilman Hamernik to receive the minutes of the Cable Television Commission meeting of May 18, 1978 Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declared the motton carr�ed unanimously. Mayor Nee stated he expected staff would handle the request by the Commiss�on for the $2,000 for the equipment. RECEIVING CHARTER COMMISSION MINUTES OF APRIL 18, 1478: MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission meeting of April 18, 1978. Seconded by Councilman Hamern�k. �pon a voice vote, a71 votin9 aye, Mayor Nee declared the motion carried unanimously, ' L_J ' � � � REGULAR MEETING OF JUNE 5, 1978 RECEIVING CHARTER COMMISSION MINUTES OF MAY 17, 1978 PAGE 9 MOTION by Councilman Hamernik to receive the minutes of the Charter Commission meeting of May 17, 1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. Mayor Nee stated �udge Forsberg called him and invited the Council to submii names of persons for potential members of the Charter Commisston He felt this should be an item for the Council meeting next week. CONSIDERATI�N OF APPR�VAL OF CHANGE �RDER #l; STREET IMPROVEMENT PROJECT ST 197R_9 STf1FLJAI K f1N 7TH STRFFT. F1CT Tfl F'tRfl Af!f1FNflfIM #1 CONSIDERATION OF A RESOLUTION APPROVING FINAL 5 a ,?�) E � �) � ADDING PROPOSE� EMENT PROJECT ST. 1978-2 Councilman Schneider stated he received a call from Mr. Saunders, �vho is the property owner affected by the sidewalk on the east si�'e of 7tS� Street, and there apparently was a misunderstand�ng as he thought the end of the sidewalk would be 11 feet from his lot line. Councilman Schneider stated, therefore, when he spoke wtth Mr Saunders, he indicated he would not grant the easement for the sidewalk. Council- man Schneider stated he didn't feel they should order in the improvement when they don't have the easement. Councilman Fttzpatrick stated he felt Mr Saunders' property is a good deal above street level and �t seemed a sidewalk set �n very far would create a steep drop. Mayor Nee asked if the sidewalk could be construc�ed in the C�ty's ease- ment. Mr Sobiech stated, if this was done, there would 6e a problem of hav�ng enough room for snow storage. Gouncllman F�tzpatrick asked how the sidewalk would be constructed in relation to the present concrete driveway. Mr. Sobiech stated the sidewalk would tie into the existing driveway as they would not remove the concrete driveway slab. Mr. Qureshi, City Manager, felt the Counctl had three alternatives, not to proceed with the improvement; proceed with the improvement only on public property, or to acquire the easement for construction of the side- walk on prlvate property. Mayor Nee suggested possibly the Engineering Department could stake the property in order to show Mr. Saunders exactly where the sidewalk would be constructed and then talk to him about it. Mr Qureshi stated that staff would contact Mr. Saunders and request his permisston to stake the property and bring this ttem back to Council next Monday. Councilman Schneider asked that he be notified when staff contacts Mr Saunders. Councilman Fitzpatrick stated he would have to agree with Mr. Saunders and although he is sensitive to the safety factor, doesn't think the plan of havtng children walking on the street on 63rd is awfully safe e�ther MOTION by Councilman Schneider to table this �tem. Seconded by Council- man Barnette. Upon a volce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. r �� y L' REGULAR MEETING OF JUNE 5, 1978 Page 10 CONSIDERATION OF A REQUEST QY SCHOOL DISTRICT #14 FOR WAIVER OF PERMIT FEES FOR REPLACEMENT OF GYM BLEACHERS: MOTION by Councilman Schneider to approve the waiver of permit fees as requested by School �istrict #14 for replacement of gym bleachers. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. PETITION #11-1978 REOUESTING IMPR011EMENT OF ALLEY B 0 MOTION by Councilman Barnette to receive Petition #11-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, stated the petition �s for improvement of the alley between 58th and 59th Streets and 2-1/2 and 3rd Streets, which is in the Hyde Park area. He stated resolutions are on the Council's agenda this evening calling for preliminary plans and a public hearing regarding these improvements. RESOLUTION N0. 41-1978 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND MOTION by Councilman Fitzpatrick to adopt Resalution No. 41-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 42-1978 RECEIVING PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROIIEMENTS: STREET IMPRO�EMENT PROJECT ST. 1978-1, ADDENDI]M #4 HYDE PARK ALLEY : MOTION by Councilman Schneider to adopt Resolution No. 42-1978. Seconded by Councilman Hamernik. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 43-1978 RECEIVING PRELIMINARY REPORT AND CALLING A PUBLIC MOTION by Councilman Hamern�k to adopt Resolution No. 43-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLlJTION N0. 44-1978 APPROVING ELEVATIONS AND GRADES FOR INTERSECTIO�d CONSIDERAI'ION OF AUTHORIZATION OF AGREEMENT MOTION by Councilman Hamernik to adopt Resolution No. 44-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. MOTION by Counc�lman Barnette to authorize the execut�on of Agreement �58894 between the MnDOT and City of Fridley. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counc�lman Hamernik to adopt Resalution No. 45-1978. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed una m mously. �_ l , � ..�; r) REGULAR MEETING OF JUNE 5, 1978 Page 11 RESOLUTION NO 46-1978 APPROVING PLANS AND Mr. Sobiech, Pu61ic Works Director, stated in the maintenance program of the City's streets the surface treatment program has consisted of sealcoating and bituminous overlays He stated, in the interest of re- cycling existing bituminous roadways, the heater-scarification process appears to be feastble for use by the City. He explained this process consists of evenly heating the existing pavement surface, scarifying and mixing to a depth of 3/4 inch, and leveling to an evenly spread surface. � This recycled surface �s then overlaid with a thtn sectton of bitumtnous material which makes use of the existing surface and allows a reduction in the depth of overlay needed. Mr. So6�ech stated the streets proposed for the heater-scarif�cat�on pro,7ect would be 7th Street from Miss�ssippi to 53rd Avenue; 61st Avenue from University to Carol Drtve, and West Moore Lake Drive from 61st Avenue to 1,200 feet south. Mr. So6tech stated they would like to try this process on the MSA streets and would recommend the C�ty procead with the program, if MSA funds can be used. He stated, however, if MSA funds could not be used, it is recommended the City not get involved as it is quite costly. MOTION by Councilman Schneider to adopt Resolutton No. 46-1978 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RESOLUTION N0. 47-1978 AUTHORIZING A TAX LIMIT BASE INCREASE: Mr. Brunsell, City Clerk, stated thts resolution would start the necessary administrative process if the City intends to increase its tax 6ase. He stated the resolution is not a tax resolution, but in the form of a hearing notice that must 6e published four times and a public hearing held on � Monday, July 17, 1978. Mr. Brunsell stated the 1977 Legislature authorized this one time �ncrease in the tax base, but the C�ty must still take action in September or October to decide the taxes it will levy. MOTION by Councilman Barnette to adopt Resolut�on No. 47-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DLUTIOT� N0. 48-1978 AUTHORIZING AND DIRECTING THE SPLITTI Councilman Hamernik questioned the location of these parcels which was given by Mr Brunsell. Mayor Nee suggested it may be a good idea, in the future, to identify these areas. MOTION by Counc7lman Schneider to adopt Resolution No 48. Seconded by Councilman Fitzpatrick. UPOPI A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. N0. 49-1978 AUTHORIZING AND �IRECTING THE SPLITTING OF SPECIAL nni nnnrri cnnn crrTrnni o. MOTION by Councilman Schneider to adopt Resolution No 49. Seconded 6y � Councilman Fitzpatrick. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unan�mously. RESOLUTION N0. 50-1975 CONFIRMING APPOINTMENTS TO THE CITY OF FRIDLEY COMMISSIONS FOR THE YEAR 1978: MOTION by Councilman Fitzpatrick to adopt Resolution No. 50-1978, including Marlyis Carpenter, newly appointed mem6er of the Human Resources Commission. Seconded by Counc�lman Hamernik. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously RECEIUING PETITION N0. 13-1478 REQUESTING SPEED CONTROL, ADDITIONAL LIGHTING, ' REGULAR MEETING OF JUNE 5, 1978 Page 12 MOTION by Councilman Schneider to rece�ve Petition No. 13-1978. Seconded by Counc�lman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. Mr. So6iech, Public Works ��rector, stated the C�ty has no h�story of accidents in this area, and as far as the street lights, it would be a deviation from the City's street lighting policy. RECEIVING PETITION N0. 14-1 SL C MOTION by Councilman Schneider to receive Petition No. 14-1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Counctlman Schneider stated the City of New Brighton has a stop sign only a block away from Stinson and Gardena. He thought perhaps staff could contact New Brighton to see if they would be willing to remove their stop sign if Fridley installed a four way stop at Gardena and Stinson. Mr. Sobiech stated staff did make a study and there is no way they can warrant a four way stop at this intersection. MOTION by Councilman Schneider to request staff to contact New Brighton about the poss�bility of remov�ng their stop sign, if a four way stop was installed at St�nson and Gardena. Seconded by Councilman Barnette. �pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. STING THAT METROPOLITAN MOSQUITO Y MOTION by Councilman Schneider to receive Petition No. 15-1978. Seconded by Councilman F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CLAIMS MOTION by Councilman Hamernik to authorize payment of Cla�ms No. 125B18 through 151986. 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 licenses, where a waiver was requested of the l�cense fee, and approve the temporary licenses, as submitted. Seconded by Councilman Hamernik. Mr. Brunsell, City Clerk, po�nted out the ordinance doesn't provide for the wa�ver of the fees. The C�ty Attorney, Mr. Herrick, stated; however, it is possible for Council to act to waive the fees. Mayor Nee asked if the bond �s part of the fee waiver. Mr. Brunsell stated it is not part of the license as such, but a cleanup deposit is required A representative from the Jaycee's stated he didn't believe there was any problem in the past regarding cleanup. He stated they have made arrangements w�th Lofgren Sanitation to come �n every day to pick up the trash. He stated this year the Jaycee's are sponsoring a carn�val at the Columbia Arena parking lot; however, they would clean up the premises, after the carnival leaves the premises. UPQN A VOTCE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. MOTIDN by Councilman Fitzpatrick to approve the waiver of the deposit, as requested by the Fridley Jaycee's. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. IJI , , � � � REGULAR MEETING OF JUNE 5, 1978 Page 13 MOTION by Councilman Fitzpatrtck to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FIREWORKS PERMITS - 100 TWIN DRIUE-IN AND FRIDLEY VFW POST 363: MOTION by Councilman Hamernik to grant the fireworks permits to 100 Twin Drive-In and the Fridley UFW Post 363. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTTMATES. MOTION by Councilinan Hamernik to approve the estimates as submitted: E. A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, MN 55391 PARTIAL Est�mate #10, More Lake Evaluation and Restoration Pro�ect NDH Asphalt 700 Industry Ave. NW Anoka, MN 55303 PARTIAL Estimate #1 Street Improvement Pro�ect St. 1978-1 Street Improvement Project St. 1978-2 Street Improvement Pro�ect St. 1978-4 Logan & Styrbicki W-856 First National Bank St. Paul, MN 55101 A.�. Chromy Construction Co. versus City of Fridley For 1 copy of the deposition Suburban Engineerin9, Inc. 6875 Highway No. 65 N.E. Minneapolis, MN 55432 For prints and copies of Harris Lake Estates Pro�ect $ 271.20 145,248.34 49,922.73 13,725.10 84.3� 16.10 Seconded by Counci7man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrled unanimously. ADJOUkNMENT: MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the Regular Pleeting of the Fridley Gity Counc�l of June 5, 1978 ad�ourned at 10:40 p.m. Respectfully submitted, �2tit-�- p��.�,�,�, Carole Haddad Secy, ta the City Council Approved. June 19, 1980 ��,��� William J. Nee Mayor : % t ��