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08/02/1976 - 00014750�u - �' THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY CQUNCIL OF AUGUST 2, 1976 The regular meeting of the Fridley City Council ofi Auqust 2, 1976 was called to order by Mayor Nee at 7•42 P.P�. PLEDGE OF ALLEGIANCE Mayor Nee welcomed the audience and invited them to ,7oin with the Council in saying the Pledge of Alleqiance to the Flag ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PROCLAMATION Mayor Plee, Councilman Hamernik, Councilwoman Kukowski, Councilman Starwalt and Councilman Fitzpatrick None NAMING AUGUST 19. 1976 -"YOUTH �OLUNTEER RECOGNITION DAY" Mayor Nee read the proposed Proclamation aloud to the City Council and the audience MOTION by Councilwoman Kukowski to adopt the Proclamation, naming August 19, 1976 as "Youth Volunteer Recognition Day." Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � APPROVAL OF MINUTES• PUBLIC HEARING MEETING OF �ULY 19, 1976• MOTION by Councilman Hamernik to adopt the minutes of the Public Hearing Meeting of the Fridley City Council of July 19, 1976 as submitted. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unantmously. A�OPTION OF AGEN�A Mayor Nee added one item to the agenda• the appointment of a Council representative to the Youth Center Commission to the Board of Directors which would be a temporary appotntment. Councilman Starwalt further commented that he would like to comment on the Surburban Rate Authority later in the meeting, regarding actton to be taken. Mayor Nee then stated that the consideration of licenses for the Jaycees for their carnival would be discussed later in the meeting. MOTION by Councilman woman Kukowski. Upon carr�ed unan�mously OPEN FORUM, VISITORS: Hamerm k to adopt the agenda as amended. Seconded by Council- a voice vote, all votinq aye, Mayor Nee declared the motion Mr Ed Johnson, 625 �over Street, Fridley, a representative from the Fridley Jaycees, stated br�efly that there would be a carnival on August 23rd through the 29th behind Frank's Nursery at Osborne Road and University Avenue Avenue and would like the City to waive license fees and clean-up matter He mentioned that the Jaycees have h�red a garbage company to pick up daily and be responsible for clean-up. Also, he w�shed to obtain beer and food licenses Mayor Nee stated that this matter would come up later in the meeting when licenses were discussed and that it was not necessary for Mr Johnson to stay around. He asked if the Council had any question regarding this, and there was no response � �__J � REGULAR COUNCIL MEETING OF AUGUST 2, 1976 OLD BUSIPlESS• PAGE 2 i J , ORDINANCE NO 620 - AMENDING THE ZONING CODE, CHAPTER 205 101 WHICH WOULD CHANGE "BARS AND TAVERNS" FROM A PERMITTED USE IN C-2 AND C-25 ZONED DISTRICTS TO A PERMITTE� USE WITH A SPECIAL USE PERMIT: Mayor Nee stated that this makes bar and tavern licenses permitted in C-2 and C-2S and that a publ�c hearing was held on the first reading MOTIOPJ by Councilman Fitzpatrick to waive the reading of Ordinance No 620 and adopt it on the second reading, and pu6lish Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. CONSI�ERATION OF AN APPLICATION FOR FUN�ING FOR TRAIL SYSTEM FOR ISLANDS OF PEACE Mayor Nee asked Mr. Richard Sobiech, Public Works Director, to present this matter to the City Cauncil. Mr. Sobiech responded that an application could 6e made to the Department of Natural Resources, �ivision of Parks and Recreation, for certain trail-way improvements Such application was prepared by the City of Frtdley on behalf of the Islands of Peace to further improve and develop the trail system He then referred to the second attachment in the appltcation, stating that the total amount of money is $23,850 of which sixty-five percent (65%) would be funded by the Department of Platural Resources, and thirty-five percent (35%) would have to be locally funded. He stated various items would be needed, t.e. black top, curb�ng alonq the trails, hand rails alonc� the trails, etc., and other certain facilities would have to be provided He further stated that tf the City of Fridley were totally fundinq the operation, the amount would 6e $15,500 or sixty-five percent (65%) of the 523,850 Mayor Nee then asked Mr. Sobiech if the materialsproposed to be purchased exceed the amount of the grant. He stated that it is intended to fund thirty-five percent (35%) of the share through labor Mayor Nee asked if the material costs exceed stxty-five percent (65%). Mr. Sobiech responded that he was not sure and that perhaps Mr. Ed Wilmes could elaborate on the sub,7ect Mr Wilmes, 6350 Riverview Terrace N.E., was asked by Mayor Nee what the dollar purchase value of the materials was. Mr Wilmes responded that �t was $15,000 to be spent on mater�als and the balance will be on labor. Mayor Nee then questioned whether that sixty-five percent (65%) of the $23,850 would be a cash grant. Mr. Sobiech responded that we would be getting $15,500 in a cash grant and the question being the difference of $8,350. Mayor Nee then asked if the plan was such that labor would reach the $8,350 value. Mr Wilmes responded it would. Mr. Sobiech mentioned that ,7ust by look�nq at the work that has to be done, there is more labor to 6e done than anything else. Councilman Starwalt then asked Mr. Wilmes to be certain that a proper account be made regardinq the materials needed. Mr Nasim Qureshi, the City Manager, stated that it was the City's responsibility srnce the grant would be made to the City Mr. Wilmes commented that he, Mr. Jerry Boardman, City Planner, and others would be meeting wtth the State's representatives tomorrow morm ng, August 3rd to discuss this matter further, as he feels they are making a very unusual application. Mr. Sobiech responded that to clarify matters, he could provide a further breakdown of the cost Mayor Nee stated that the City Counc�l would be interested in such a breakdown. Councilman Starwalt then commented that Mr Jerry Boardman from the �Staff has been authorized to work with this matter and he ,7ust wanted to make certain that Mr. Wilmes understood that the Staff is representing the Ctty Mr. Sobiech further clarif�ed that on the front page of the appl�cation, the tra�l administrator is both the representative from the City and the representative from the Islands of Peace MOTION by Councilwoman Kukowski to approve the application for fundtng for the tratl system for the Islands of Peace. Seconded by Councilman Starwalt. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carr�ed unantmously. Councilman Hamer m k raised a question regardinq this application and the application that was already approved. He questioned whether both applications were go�ng to be �� � � � �._ REGULAR COUNCIL MEETING OF AUGUST 2, 1976 PAGE 3 submitted or would there be a choice Mayor Nee stated that what was submttted before is not in this same category. Mr Sobiech responded that that was correct and an up-date of the request has been urged from '76 fiscal year to '77 fiscal year and two applications w�ll be made to the Department of Natural Resources and he felt confident that funding would be available for both. Mayor Nee asked for further discussion and there was no response NEW 6USINESS� CONSI�ERATIDN OF LOCATION FOR HOCKEY AN� FOOTBALL ASSOCIATION STORAGE BUILDIPdG Ofd f TTV DR(1PCDTV Mayor Nee asked who was going to discuss this matter and Mr. Oureshi commented that he had the information from �Me Parks & Recreations Commtsston, wheretn the associations have shown a des�re to bu�ld a storage bui1drnq on public property which they want to use for the�r own purpose, the 6u�ldinq beinn 24 x 30, two-thirds utilized 6y the assoctation and one-third uttlized by the City He further stated that approximately seven alternative locations could 6e constdered and each location has a pro and con option. Mr Qureshi then proceeded to explain the options. 1) DelaV�nq the facility until complet�on of the Park Comprehensive Plan Mr. Qureshi mentioned that if the Council d�d not wish to do this , 2)To locate it on the south side of ±he north parking lot with the add�tion of a warm�ng hoUse attached, 3) It would be attached to an existing wellhouse that the City has, beinq used for stora�e only and without restrooms; 4) Facility being located in some other location, 5) As shown, the map depicts a southerly parking lot where a bu�lding could be put; 6) Is a storage building and 7) Mr Qureshi stated that perhaps th�s whole complex needs a central building and it is hoped that tf the company has a plan that this storaqe facility could be included into that total plan Counctlwoman Kukowski dtscussed the urgence of restrooms Mr. Quresh� stated that Mr. Chuck Boudreau, Parks and Recreation Dtrector, is meeting this same evening with the Sports Association and there was the posstbility that he may be in attendance before the Counc�l meetinq was over. MOTION by Councilwoman Kukowski to ta6�e the matter to either later on this evenina or next week. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. (The item �s discussed again latter in the minutes.) CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER 602 OF THE FRIOLEY CITY CDDE ENTITLED "BEER LICENSING" APJD REPEALING THE PRESENT CHAPTER 602 OF SAID CODE IN I7S ENTIRETY AND AMEf�DING CHAPTER ]l, SECTION 11.10 OF SAID CODE RELATING TO FEES Councilman Fitzpatrick questioned whether there has been any chanaes �n substance Mr. Virqil Herrick> the City Attorney, then commented on two points concerntng the ordinance. First, a provision that for new "on sale" applications, a hearing would 6e held and secondly, we have written in that for suspension of licenses, a hearina would be held and that would have to be done. He further stated that he started with a model ordinance that the league put out and then took our old ordinance and made certain that all of the substance portions of that were included tn a language slightly d�fferent. He felt that this was a considerably better ordinance and does not to the best of his knowledae, delete any of the requirements that we have. Mayor Nee then made reference to Section 602.D8 su6-division n, questioning whether a grocery store is a 6eer store Mr. Herrick stated that there has been discussion whether b'eer store should be used and perhaps the term tavern would be better incorporated in this. He further expla�ned that first ofi all, it is from the league's inodel ordinance and secondly, the lanquaae that they use other than the label "beer store" is a definition of "on sale" and that ts how he would interpret it He further stated that he would, however, take this into consideration when it comes back for a second readinq L � � � REGULAR COUNCIL MEETING OF AUGUST 2, 1976 PAGE 4 Mr. Qureshi then asked if some of the beer places might have some entertainment and if we had any control over that Mr. Herrick repl�ed that it was h�s understand�ng that the only control we have over that is in the tavern ordinance and that would be rewritten as it was not in the greatest form. MOTION by Councilman Fitzpatrick to adopt the ordinance on the f�rst read�ng and �wa�ve the readtng Mr. Herrick satd he had another comment to make, he said in that the Planniny Commiss�on had presented that other modified form of our present ordinance after do�ng some work on it, it might be well to let them take a look at th�s Mayor IVee then stated that there was no urqency on thts Counctlman F�tzpatrick stated that �t could be referred before the second readtng and he would like to add that to his motion that this be referred for reviewal by the Plamm �g Commiss�on Councilman Starwalt stated that he would recommend such a procedure and made reference to Section 602.13 Investigation Fee. He inquired of the $35 00 investiyat�on fee as zo whether this �s suff�cient to cover the City's cost �n view of some of the other changes made. Mr. Marvin Brunsell, the Finance �irector, suggested that perhaps a publ�c hearing would be necessary for the new applicant Mr. Herrick then stated that for new applicants on "on sale" only there should be a publ�c hearing and th�s invest�gat�on fee should be sufficient to cover the cost of the police invest�gat�on Councilman Starwalt then referred for comment to Section 602 11, Sub-division l. He did not particularly like the language used and suggested tha+� the Plam m �g Commiss�on review this as well. MOTION by Counctlman Hamernik to waive the reading and adopt the ord�nance upon f�rst reading and for the Planning Commission to take a look at this ordinance and the tavern ordinance and �f an up-date is required, to forward �t to the Staff. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously. �RESOLUTION N0. 69-1976 - APPQINTMENT AND CONFIRMING EXISTIIVG APPOINTMENTS TO THE CITY OF FRIDLEY COMMISSIONS FOR THE YEAR 1976. MOTIDN by Councilman F�tzpatr�ck to adopt Resolution f�o. 6y-1976. Seconded by Counctlman Starwalt. Upon a votce vote, all vot�ny aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 70-1976 - DECLARIfVG THE NECESSITY FOR AN ADDITIOfVAL TAX LEVY IN ADDITION TO THE 10 MILL LIMITATION PROVIDED BY THE CITY CHARTER SPECIFYING THE PURPOSES AND CALLING FOR A PUBLIC HEARIIVG OIV SAME AND ALSO CALLING A PUBLIC HEARING ON EXPENDITURES TO BE MADE FROM REVtNUE SHARIiVG FUiVDS Mayor Nee stated that the City Charter requires such public hear�ng �f there �s an indication that we are going to exceed 10 mills and m the last fifteen or twenty years, we always have. Therefore, a public hearing should be set for September 20th, 1976. MOTION by Councilwoman Kukowski to adopt Resolution No 70-1976. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor IJee declared the motton carried unanimously. RESOLUTION N0. 71-1976 - AUTHORIZING AND DIRECTIIVG THE COM�INIfJG OF SPECIAL ASSESSi�tE14TS ON LOT 24. BLOCK 8, AND LOT 25. BLOCK 8. HYDE PARK ADDITION �MOTION by Councilman Fitzpatrick to adopt Resolut�on No. 71-1976. Seconded by Counctlman Hamernik. Upon a vo�ce vote, all vot�ny aye, Mayor Nee declare�, the motion carr�ed unanimously. RESOLUTION N0. 72-1976 - AUTHORIZIIJG AND DIRECTIIVG THE COPIBINING OF SPECIAL MOTION by Councilman Hamern�k to adopt Resolution No. 72-1976. Seconded by Councilwoman Kukowski Upon a voice vote, all vot�ny aye, Mayor Nee declared the motton carried unanimously. �'� -, REGULAR COUNCIL MEEIING OF AUGUST 2, 1976 A, PARCEL 230, AfJD OUTLUT ii PAGE 5 MOTION 6y Councilman Starwalt to adopt Resolution No. 73-1976. Seconded by Counc�lwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION N0. 74-1976 - AUTHORIZING AND DIRECTING THE COMBIiVING OF SPECIAL ASSESSMENTS ON LOTS 16, AND 17, BLOCK 2, AND LUTS 18 AiVD 19, BLOC�C 2, ONNWAY ADDITION: MOTION by Councilman Hainernik to adopt Resolution No. 74-1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all votiny aye, Mayor f�ee declared the motion carr�ed unanimously. LUTION D10. 75-1976 - I ISI ING OF SPECIAL ASSES MOTION 6y Councilwoman Kukowski to adopt Resolution No. 75-1976. Seconded by Councilman Hamerm k. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unantmously. WI 7 - AUTHORIZING THE CNANGING OF THE 1976 BUDGET APPROPRIATIONS Mr. Quresh� stated that th�s request was before Council regarding the inventory of all the Ctty signs and that 90% federal fund�ng would be avatlable. Mr. Sobiech, the Public Works D�rector, stated that there will be an tncrease of approximately 15°i to 20% more signs. Councilwoman Kukowski then asked for the explanation of the "Adv�sory Speed" sign, and Mr Sobiech explatned it. MDTION by Councilrnan Hamernik to adopt Resolution No. 76-1976 which will allow the City to participate in the federally funded traffic warntng and regulatory s�gn replacement program Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSIDERATION OF A REQUEST BY MIKE 0'BNNfVON TO REVIE6J PREVIOUS AGREEMEIVT (HEATHER HILLS 2ND & 3RD AD�ITIONS. Mr. Sobiech, the Public Works Director, proceeded to d�scuss Nlr. 0'Bannon approaching the City regarding his escrow requirements for Heather Htlls Second and Third Additions. Mr. Sobiech furi.her stated that Nlr 0'Bannon requested a reconsiderat�on in reviewing tne Agreement. Councilman Starwalt asked if the costs that Mr. 0'dannon submitted were reviewed and reasonable. Mr. Sob�ech responded that they were. Councilman Starwalt further asked about the possih�lity of the ponding area creating any problems Mr. Sobiech responded that it would not. He further questioned the $800 per average lot s�ze representing the average cost of providing storm sewer services and wondered if any future needs for escrow should be reviewed. According to Mr. Sobiech, there was no necessity for this. Mr. 0'Bannon then arr�ved at the meet�ng. Mr. Qureshi, the City Manager, asked Mr 0'Bannon if there was a problem of any water smelling or danger to children, and he responded no. Councilman Starwalt then asked if he understood that if there were clog-up problems, the entire area would be assessed Mr. 0'Bannon acknowledged that it was understood Mr 0'Bannon then asked if he could poss�bly have permission to proceed with the companies that are tnvolved to be bonded with the City, to begin the Thtrd Addition of Heather Hills. Mayor Nee stated that he did not need Council approval Mr. Sobiech stated that the plan has already been approved. � � � REGULAR COUNCIL MEETING OF AUGUST 2, 1976 PAGE 6 MOTION by Councilman Starwalt to recons�der the prev�ous agreement and concur w�th the request to remove the $500.00 per lot escrow requirement from Heather H�lls Second and Thtrd Additions, due to the fact that the developer is provid�ng total storm sewer fac�lities within ihe referenced plats. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carr�ed unanimously. LICENSES (INCLUDING FRIDLEY JAYCEE LICENSES) MOTION by Counctlwoman Kukowsk� to approve the licenses as presented and as on file in the Ltcense Clerk's Office. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Mayor Nee stated that �t would be tn order to consider the licenses for the Jaycee carn�val. MOTION by Counc�lwoman Kukowski to approve the �aycee l�censes for the carnival and waive the�r fees Seconded by Counc�lman Starwalt Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CLAIMS MOTION by Councilman Starwalt to apprave the payment of Claim No's. 16056 - 16161 Seconded by Counctlwoman Kukowski. Upon a dolce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. CDMMUNICATION• RE UEST FOR TEMPORARY SIGN FOR A 24-HOUR ST'fLE-A-THOiV BY "CREATIVE HAIR, INC." (HOLLY SHOPPING CENTER : 'MOTION by Councilwoman Kukowski to receive letter. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mously. Ms. Valerie Hachow, Manager of Creative Han^, Inc., 6574 Univers�ty Avenue N.E., spoke on behalf of Creative Hair, Inc. She stated that they huve volunteered the shop and the women who work there,and they would be donating their t�me and talent for a 24-hour national Style-a-thon beginning Augiast 15th, 1976. The total proceeds of the event will go to St. �ude's Children Re��earch Hospital. � Councilman Starwalt asked if there were any fees involved? Ms. Hachow stated that she paid the fees. Also the perm�t fee has been paid. MDTION by Councilman Hamernik to grant the i°equest for the s�gn being put up on August 15, 1976 on a temporary bas�s. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor fVee declared the mot�on carried unanimously APPOINTMENT TO YOUTH CENTER QOAR� OF DIRECTORS: Mayor Nee stated there was to be considered by Council this evening, the appointment of Carroll Kukowski to the Special Pro�ect Commrttee for the Youth Center MOTION by Councilman Starwalt to accept the appointment of Carroll Kukowski. Seconded 6y Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. SUBURBAN RATE AUTHORITY: Councilman Starwalt gave a brief discuss�on regarding the Suburban Rate Author�ty, of which he is a member. He stated that their regular meeting was insuff�c�ent in number to take some action on an item, so a special meeting was held to poll the cities in attendance as to whether o�° not the adm�m strative costs for the fiscal year 1977 for the Suburban Rate Authortty act�vities should be borne by the c�ties. He further stated that the matter will be ori the Council agenda at the next regular mett�ng. �� . REGULAR COUNCIL MEETING OF AUGUST 2, 1976 FURTHCR DISCUSSION REGARUING LOCATION FOR HOCKEY AND FOOTBALL ASSOCIATION STORAGE BUIL�ING. PAGE 7 Mayor Nee asked tf there was any other business and at that potnt, Chuck Boudreau, Parks and Recreat�on Director, had ,7ust arrived and was asked about the storage building for the Hockey and Football association wh�ch had been discussed earlter in the meeting. Mr. Boudreau explained that he ,7ust left the Recreatton Pro�ect Committee meeting and was unable to attend the Football and Hockey Sports Associat�on meettng. Mr. Dick Lombard, 6321 Monroe Street N E, then discussed the proposed storage building and commented that what was in the agenda was init�ally what he had to discuss. Mayor Nee, after some discussion, stated that th�s matter will come up for more discussion at next week's meeting and at that time,hopefully> Mr. Boudreau will have something worked out. MOTION by Councilman Starwalt to tab7e the matter until the next regular Council meeting, August 16, 1976. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. AD�OURNMENT MOTION by Councilwoman Kukowski to ad,7ourn the meeting. Seconded by Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley C�ty Counc�l of August 2, 1976 ad,7ourned at 10 03 P.M. Respectfully subm�tted � � �� / .�aJ—�— ,.�„�� Dorothy C Green Council Secretary Approved. August 16. 1976 /� � r i v i �/%�� �; '1: �L�,r.�ds+^�,— r William J. Nee Mayor 2��� � L 1 �