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03/01/1976 - 00014879� � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL DF MARCH l, 1976 The Regular Meeting of the Fridley City Counctl was called to order at 7 31 P.M. by Mayor Nee PLEDGE OF ALLEGIANCE• Mayor Nee welcomed those present and �nvited them to �oin the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF AGENDA Councilman Fitzpatr�ck, Mayor Nee, Councilman Starwalt, Counc�lwoman Kukowski and Counctlman Hamernik None Mayor Nee mentioned there was one item regard�ng special legtslation to be added to the agenda. MOTION by Councilman Hamernik to adopt the agenda with the additional �tem "Consideration of Spec�al Legislation to Provide for Membershtp of a Certain Employee of the City of Fridley in the Public Employees Pol�ce and Fire Fund". Seconded 6y Counc�lwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motton carr�ed unanimously OPEN FORUM, VISITORS: Mayor Nee called for comments from the audience, but there was no response. NEW BUSINESS: RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 18, 1976� CONSIDERATION OF APPEALS COMMISSION MEETING OF FEBRUARY 10. 1976 A REQUEST FOR VARIANCES OF THE FRIDLEY SIGN ORDINANCE AS FOLLOWS: SECTION 14.042, 5, TO REDUCE THE DISTANCE BETWEEN AN ADVERTISING SIGN AND A STREET 380 FEET, ALL TO RIVER ROAD N.E., FRIDLEY, MINNESOTA. (REOUEST No action was needed on this item at th�s time. This will be back on the agenda when their Special Use Permit is being considered. SPECIAL USE PERMIT, SP. �76-01, BY NAEGELE OUTDOOR ADVERTISING SECTI Mr. So6tech stated that the Planning Commission recommended approval of the 6�11- board w�th stipulations, and that the billboard did satisfy the requirements of � the Ctty of Fridley ordtnances such as height, area and various setbacks from adjacent property. The stipulations were that when the property is developed the billboard would be removed and the special perm�t cancelled with the termina- t�on of the lease on the property. It was originally set up for five years with a f�ve-year option. Mr Sobiech stated that the Naegele Company had been contacted on the matter and had agreed to remove the billboard on East River Road. He asked if there was a representative present at the meeting. There was no response. Counctlman Fitzpatrick questioned the effect of th�s sign and the sign on East River Road being one of moving a s�gn. Mr. Sob�ech stated that the department did not look at it as a removtng and the replacing of a s�gn. MOTION by Councilman Fitpatrick, seconded 6y Counc�lman Hamerm k, that the Permrt �,13 ,, REGULAR COUNCIL MEETING OF MARCH l, 1976 PAC�E 2 requested by Naegele Outdoor Advertising Company be approved w�th the st�pulations as outlined in the Planning Commiss�on minutes. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously. IT 120' OF PARCEL 3190, LOCATED IN THE NW % OF THE NWa OF THE Mr. Sobiech stated that this is a request by Consolidated Container Corporation , to split off a 120 foot portion of their property between Main Street and University Avenue West Serv�ce Dr�ve. The property is leased by Frank's Nursery sub�ect to a special use permit on the entire property. It is used for display, and the nursery has present intentions of purchasing the leased property. The request �s to separate off the appropriate amount of property and put it �n the nursery. The Planning Comm�ssion recommended approving the permit sub,7ect to a num6er of st�pulations as listed in the�r minutes. There �s a request that the nursery make a decent looking area on the�r property. Councilman Hamern�k asked if the area is now fenced. Mr. Sobiech said that the westerly edge �s fenced and there is no problem wtth it. In response to a question by Mayor Nee, Mr. Sobiech sa�d that the plan is not complete as this time, but he hoped that everything would be done by mid-summer. Councilman Hamernik said he felt the fence area looks like an add-on, and if they were goin9 to make �t a part of the�r property, they should t�e things together. Mr. Sobiech said that if the lot split is approved, they might take a closer look at it. The only problem might be the acquisition of the property. Mr Bernstein, representing Consolidated Container Corporation, said that th�s property was leased by Frank's Nursery and now they are asking to buy this one acre, so naturally they w�ll make it a permanent piece with what they have now, and being in the landscape business, he felt they will want to make it as attrac- , tive as possible. He said they are antic�pating the closing at the end of March, 1976. Mayor Nee asked if the City was setting values on land that is used for sales at a higher rate than ,7ust the parking lots. Mr. Brunsell remarkzd that it depended on how much land that one is talk�ng about. In ,7ust one acre there wou7d not be that much difference. He said that in his opim on the assessor would not put a different value on it as long as �t �s in the one conf�ned area. Councilman Hamernik asked �f there should be a time schedule on the petition for rezoning if �t is approved. Mr. Sobiech said we should get the property rezoned as quickly as possible and proposed that they add a stipulation that the rezon�ng request be f�led prior to the closing of the sale of the property. MOTION by Councilman Hamernik, seconded by Councilwoman Kukowsk�, that the Lot Lot Split request be approved with the stipulations as listed in the Planning Commiss�on minutes and that the rezoning request be filed prior to the closing of the sale of the property. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously SPLIT REOf1EST. L.S. #76-02, BY RONALD ENROOTH TO SPLIT OFF THE WESTERLY Mr. Sobiech stated that the property met all the requirements of the extsting zo m ng code and to the existing structures on e�ther side of it, and the utilities to service the lots are available. The matter of an additional special assessment from Glen Creek Road for servtces was discussed. Mr. !lurEShi expla�ned the assessment policies of the City in regard to this property under the conditions of the perm�t. Counc�lman F�tzpatr�ck sa�d that he concurred with the Pla��ning Commission on this request but questioned the ;iiak rny it sub�ect to payment of a hook-up fee, Upon further discuss�on this stipulat�on was not added to the motion. MOTION by Counc�lman Fitzpatrick, seconded by Councilwoman Kukowski, tc� concur with the Planning Commiss�on and approve the request for a Lot Split. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. REGULAR COUNCIL MEETING OF MARCH 1, 1976 NG FROM THE C NGING 1976 BUDGET APPROPRIATIONS: THE FIIVE ARTS COMMITTEE (AS REC _����i PAGE 3 Mr. Sob�ech stated the request initiated from the Hi_�man Resources Commission, and that the Planning Commission recommended funding the Fine Arts Committee with $700. There was a discuss�on regarding funds from the school district and reimbursement. MOTION by Councilwanan Kukowsk� to concur w�th the Planning Comm�ss�on and forward � $700 to the Fine Aris Comm�ttee of the Human Resources Commtssion and adopt Resolution No.22-1976 Authoriztng the Changing of the 1976 Budget Appropr�at�ons Within the General Fund (Fine Arts Committee). Seconded by Councilman F�tzpatrick. Upon a voice vote, Councilman Starwalt voting no, Mayor Nee declared the motion carried. � CONSIDERATION OF AN INQUIRY REGARDING THE ISSUANCE OF AN ON-SALE LIQ�OR LIC Mr. John C. Purmort was present and spoke regarding his request for an on-sale liquor license. He presented the plans for the building and outlined in general the rooms and the functions of the building, upper and lower sections. Other cons�derations mentioned were the parking facilities, lot elevations, and the water table level. Mr. Purmort remarked that the acquisition of the land �s t�ed up pending the avail- abllity of a liquor license. Mayor Nee remarked that there had to be a considerable amount of investigative work done preceding Council action, so they could not make a commitment this evening. Councilman Hamernik commented that he was impressed by the plan. Mr. Brunsell suggested that the next step would be to hold a public hearing on the llcense and if the applicant would get the application �n withln a week's tlme, �t could be possible to have the hearing in April. The notice has to be published and the Police Department needs time to check the application out Mayor Nee suggested to zhe applicant that matters could 6e expedited by immedtate filing of the applica- t�on. MOTION by Councilwoman Kukowski, seconded by Councilman Starwal� to set the public hear�ng for the requested on-sale liquor license on Aprll l2, 1976. Upon a voice vote, all voting aye, Mayor Nee declated the motion carr�ed unanimously. CONSTDERATION OF CABLE TELEVISION COMMISSION ANNUAL REPORT AND SURVEY MDTION by Councilman Starwalt, seconded 6y Counctlwoman Kukowski, to receive the Cable Television Commission Annual Report and Survey Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated that the survey and the annual report will be dtstributed to all residents with the Newsletter in the Spr�ng as they want some response on the cable television. RECEIVING CHARTER COMMISSION RECOMMENDATIONS DATED FEBRUARY 23, 1976 Mr. Brunsell said that two weeks were required for the published notice of hearing, and there was no need to have it any sooner than April. MOTION by Councilman Hamernik, seconded by Councilwoman Kukowski, to rece�ve the recommendations from the Charter Commission and set the public hearing for the charter changes for April 12, 1976. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carrted unan�mously � CONSIDERATION OF AMENDMENTS TO THE BYLAWS OF THE FRIDLEY F TION Mr. Brunsell said he had gone over the bylaws with Bob Aldrich and there are no changes in them that would cause an rncrease in cost to the City The changes concern the cleaning up of the language of the bylaws and to codify the changes that have been made and approved earlier MOTION by Counctlman Fitzpatrick, seconded by Councilwoman Kukowsk�, to concur with the amendments to the bylaws of the Fridley Firefighters' Relief Assoc�ation. Upon a voice vote, all vottng aye, Mayor Nee declared the mot�on carried unanimously. _'i ( �.,i r REGULAR COUNCIL MEETING OF MARCH l, 1976 PAGE 4 RESOLUTION N0. 21-1976 ADOPTING A COMPREHENSIVE HOUSING PLAN FOR THE CITY OF FRIDLEY, MINP�ESOTA: Councilman Starwalt raised a point of information as to how th�s could be called a housing plan, the emphasis being on the word "plan". He said that in his opinion it was a concept, not a plan. Mr. Sobiech stated that it was a title only, but Councilman Starwalt said he felt the word "plan" was a misnomer and perhaps the word "concept" would be more appropriate. He said the dictionary said the word "plan" denoted a constructive course of action, almost imminent for execution, , which is not the case with the pending matter. He said he felt it was �ust a survey, rather extensive, and very well done, but still a survey. Counctlman Hamernik said he had concern that if Fridley distributed such a document that the other agencies wtll look at it and think or assume that this is Frtdley's plan or policy, and the Council has not yet discussed any of these programs nor adopted any of them. He said he would not like to see them distributed unt�l they are discussed �nd adapted. Mr. Dick Harris, Plannin9 Comm�ssion Chairman, said he had to take either the blame or credit for this, as it �s our plan and nobody else's. He said that nobody from the Metro Council had come out and told them what to do. We made the deliberations. He said they had input from the Metro Council and from a lot of other people and they tried to assimilate all the informatton they could. He asked Councilman Hamernik if it was Section 8 that bothered him. Councilman Hamernik said that that would be part of it and he was a little concerned that the housing maitenance portion could have been expanded upon a little. Mr. Harris said that on the housing maintenance area, they didn't feel they should get into a department manager's area, and it would have to be handled separately as an implementation portion of the plan. It was mentioned as one of the ways to accomplish the preservation of the neighborhood. Mr. Harris said that they had discussed Section 8 along with the ramifications of it, and it was not something they had ,7ust dropped in. He said that as an �ndividual, he did not feel we have the right to deny these funds to the people if they are entitled to them. There was general discussion centered on the "plan" versus "concept" for the , report Mr. Sobiech strongly urged that they retain the basic and significant intent of the matter before them. Councilman Starwalt stated that he had a long-stand�ng belief that grants don't solve anyth�ng, and that it costs money without solving anything in the long run. Councilman Hamernik said he was in favor of helping people get started on somethtng and get them headed in the right directton, but he was not in favor of an out-and-out grant or subsidy. Mr Sobiech suggested that an additional statement could be incorporated into the resolut�on, stating, "Be it further resolved that each of the specified programs recommended under the policy development and implementation plan be considered for actual approval and implementation on an individual 6asis." He said the resolution could be �nserted into the very first page of the plan. Mayor Nee suggested that it be put in that these be considered by the City Council. He said they have talked about concerns with the actua,l programs. Maybe if they were spelled out, they would have to be revtewed as the Council gets involved. Mr. Sobiech said that everyone realizes they have gone through a lot of work, searching out information, searching for a lot of input, requesting information, and gather�ng things together, and what is now before them is good MOTION by Councilman Hamernik to delete the last sentence in Section G on Page 16 of the Hous�ng Plan which states, "The City should make application to those nrograms for which it is el�gible.° Seconded by Councilman Starwalt. Upon a voice , vote, with Councilwoman Kukowski vot�ng nay, Mayor Nee declared the motion carr�ed four to one. MOTION by Councilman Hamernik to adopt the Comprehensive Hous�ng Plan and Resolution No. 21-1976 with the addit�on of the statement submitted by Mr. Sobiech as follows: "Be it further resolved, that each of the specific programs recommended under the policy development and implementation plan shall be constdered by the City Council for actual approval and implementation on an individual basis". Seconded by Council- woman Kukowski, and upon a roll call vote, Councilrnan Fitzpatrick voting aye, Mayor Nee voting aye, Counclman Starwalt voting nay, Counc�lwoman Kukowski voting aye, Councilman Hamernik voting aye, Mayor Nee declared the motion carried four to one. '�l � 1 REGULAR COUNCIL MEETING OF MARCH 1, 1976 RESOLUTION N0. 20-1976 IMPOSING LOAD LIMITS ON Pl1BLI �` �, i_ PAGE 5 MOTION by Councilman Fitzpatrick, seconded by Councilwoman Kukowsk�, to adopt Resolution No 20-1976 lJpon a voice vote, all voting aye, Mayor Nee declared the motion carrted unaimously. CLAIMS: MOTION by Councilwoman Kukowski, seconded by Counc�lman Starwalt, to approve the claims as presented. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Counc�lwoman Kukowski, seconded by Councilman Starwalt, to approve the licenses as presented. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSI�ERATION OF SPECIAL LEGISLATION TO PROVIDE FOR MEMBERSHIP OF A CERTAIN EMPLOYEE OF THE CITY OF FRI�LEY IN THE PUBLIC EMPLOYEES POLICE AND FIRE FUIV�: The City Manager stated that Mr. Hill had �o�ned the City of Fridley as a Public Safety Director, and he was put into the Pol�ce and Firemen Pension Fund, and the question �ns whether or not he is eligible for that fund. There was a discuss�on regarding�Mr. H�11's relations with the City and the posstbility of a special bill to be sent to the Legislature, and the various aspects of the f�nancing MOTION by Counc�lman Hamer m k, seconded by Counc�lman Starwalt, that the staff prepare spectal legislation and proceed with steps to get the bill introduced into the State leg�slature which will keep Mr. Hill in the Public Employees Police and Fire Fund. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. COMMUNICATIONS: SUBURUBAN RECREATION ASSOCIATION - THANK YOU FOR SUPPORT MOTION by Councilman Starwalt, seconded by Councilwoman Kukowski, to receive the communication from the Suburban Recreation Assocation dated February 17, 1976, thanking the City Council for their support through granting them $3,000. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Counc�lwoman Kukowski, seconded by Councilman Hamernik, to ad,7ourn the meeting Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of March 1, 1976 ad�ourned at 10•05 P.M. Respectfully submitted, �lohn Chegwyn ,� � /��� �, �'�` f-i ✓"2 C� , � , l.c%;:c-L� Lri ✓ �/ �ate Adopted: Apr�l 5, 1976 r �,��, a�G�+.c�v„�. �, W�lliam � Ne Mayor �/��/ --