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02/14/1977 - 00014607� � THE MINUTES OFT�E FUBLTC HEARING MEEiING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 14, 1977 The Pu61ic Hearing Meeting of the Fridley City Council of February 14, 1977 was called to order at 7.32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA: Mayor Nee, Councilman Fitzpatrick, Counc�lman Hamernik, Councilman Schneider and Councilwoman Kukowski None Mayor Nee stated he would like to add two items to the agenda as Items 11 and 12. Item 11 being the "Consideration of a Resolution Ap�roving the ?re-application for a Commum ty Development Block Grant" and Item 12 6eing "Consideration of a Resolution Approving Additional Compensation for Certain Personnel Who Gave Extensive Serv�ce During the Strike." A discussion regarding filling the two vacancies of police officers in the Police Department, and a discussion of proposed legislation regarding assessment:s for Home Improvements were also added. MOTION by Councilman Hamerm k to adopt the agenda as amended. Seconded by Council- woman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. PUBLIC HEARIN6S: PUBLIC HEARING ON VACATI AND ALLEY VACATION SAV #76-07 BY CITY OF MOTION by Councilwoman Kukowski to t�aive the readinq of the Public Hearing notice and open the Public Hearing Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:35 p m. Mr Dick Sobiech, Public Works Director, explained this pu6lic hearing is a formal procedure requ�red under the City Charter and ord�nances regarding vacation of property He stated the Counc�l previously approved an agreement with the St Paul Water Works for vacat�on of property �n consideration for add�tional roadway easements. Mr. Sobiech explained the parties affected in this case are the City and St. Paul ldater Works. No persons in the audience spoke for or against this vacation request. MOTION by Councilman Fitzpatrick to close the Public Hearing on the vacation request Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and the Public Hearing closed at 7 40 p.m �PUBLIC HEARING ON FRI THE OFFICE OF HOUSING ITY DEVELOPMENT BLOCK GRANT PRE-APPLICATION THROUGH MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowsk� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyr and the Public Hearing opened at 7�40 p.m. L tii PUBLIC NEARING MEETING OF FEBRUARY 14, 1977 PAGE 2 Mr Jerry Boardman, City Planner, explained a meeting was held wtth the Office of Housing and Urban Development �n January regardinq the Community Development Block Grant Program and Staff made a decision as to what the pre-application should contain. Mr. Boardman explained that a public informational meeting was conducted and the public hearing was held before the Plam m �g Commission regarding this pre-application. The public hearing �s being held this evening as the pre-aoplication must be submitted by � February 18, 1977. Mr Boardman reviewed the criteria used by HUD in reviewing pre-applications and determining eligibility. He explained the two focus areas �n Fridley meet the requirements and the criteria that, in order to qualify for any rehabilitation grant programs, there must have been a street improvement program within a three year period. He stated HUD's method for determining eligibility for the grant is based on how it affects low and moderate income families. The program proposed by the City includes housing maintenance, rehabilitation grants and a rehabilitat�on resource center which amounts to a$130,000 grant applied for through the Office of Housing and Urban Development. Mr. Boardman reviewed some proposals on how the grant would be used, if it was approved by HUD. Councilman Hamern�k questioned what percentage of the residents in focus area No. 1 live in dwellings that are owner occupied. Mr. Boardman replied there were 176 residential structures in that area, 113 of which were owner-occupied units. Mr. Boardman stated the Planning Commission recommended approval of the pre-application � by a three to two vote with modifications He noted two members of the Commission w�shed the pre-apglication submitted as presented. Three members of the Commission wanted the pre-application changed to reflect that those units, within focus area No. 1 in a C-2 zoning district, would not be eligible for any grant mon�es received Mr. Boardman explained about �40% of the property in focus area No. 1 is zoned C-2 He stated some of the Planning Commission members felt by putting mom es for improvement tnto a C-2 zo m ng district, it is extending a problem that is already existing; and if the property does develop commercially, it would be a waste putting improvements �nto the existing residentia7 properties. Mr. Boardman commented he did not feel focus area No 1 suita6le for commercial development and that the road patterns are not good for commercial zoning. He stated, �f the City proceeds with the street improvements proposed for this area, he feels they are committing the area to residential development. Mr. A1 Ga6el, 5947 2z Street N E, stated most of the residents in the area would like to have the property zoned back to multiple resident�al. He spoke in favor of the pre-application for the Community Development Block Grant and felt it would be helpful to upgrade the area. He stated their area should not be left out of the pre-applicat�on to HUD because the zoning was commercial. Mr Nick Garaffa, 6750 Monroe Street N.E., questioned whether non-owner occupied dwellings would be elig�ble for funds under this grant. Mr Boardman explained only owner-occupied units would be eligible and must also ' meet the income requtrements. Mr. Garaffa questioned out of the 113 owner-occupied um ts in focus area No_ 1 how many were in a C-2 zo m ng district Mr. Boardman replied about 35 - 40%. Mr. Garaffa stated he felt there was only a sinall portion of the area that is zoned commercial and indicated he was in favor of this pre-application including the C-2 area � � � PUBLIC HEARING MEETING OF FEBRUARY 14, 1977 PAGE 3 Councilman Fitzpatrick agreed with the Planning Commission as far as answertng the quest�on of the zoning, however he felt aQplying for the grant, by excluding the C-2 area, would not really serve the purpose. Mr. Boardman explained under the C-2 zoning, a resident can legally make repairs to his residence and increase the livability, but they could not expand. Mayor Nee stated he hoped with�n the next several months�some options could be 9iven to the residents regarding the zo m ng. Councilman Fitzpatrick felt there is the possibility of r-es�dents of the area initiating a request for rezo m ng. Councilman Hamernik felt, by taking the position of the Plamm �g Commission, there may be some action on the part of the residents to take the �nitiative to obtain a resolution of the problem. Councilwoman Kukowski stated she understood there is a petition for rezoning circulat7ng the area at the present time. Councilman Schneider felt by eliminat�ng the C-2 district, it would be going contrary to the purpose of rehabilitating the neighborhood. He stated, as he recalled, the original staff report recommended strongly against zo m ng commercial Mr. Boardman stated he would prefer the pre-application to �nclude the commercial zoning because of the problem it would create in o6taining new fi9ures He stated, by the time the full application ts submitted, amendments could be made to the pre-application if it was necessary Mr. 6araffa felt the res�dents in the C-2 area would have a more liva6le home if the grant was received and improvements made, and would increase the value of their property if it was at some time sold for commerr_�al purposes. Mr. Boardman explained by improv�ng rPSidential property it would increase the value of the property thereby increasing the ltfe span for it to rema�n as res�dential. MOTION by Councilman Fitzpatrick to close the Public He�ring on the Community �evelop- ment Block Grant Pre-application. Seconded by Councilwoman Kukowsk� Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and the Public Hearing closed at 8:25 p.m. OLD BUSINESS :' 0 ::1dC+L�11D�icY�L7�J'�1P11i ZOA �'76-06. BY MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 632 and adopt it on the second reading, and publish. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ORDINANCE N0. 633 - AMENDING CHAPTER 211 OF THE FRIDLEY CITY CODE PERTAINING TO PUBLIC AREAS FOR LAND SUBDIVISION• MOTION by Councilman Hamer m k to waive the second reading of Ord�nance No 633 and adopt it on the second reading, and publish. Seconded by Councilweman Kukowski. Upon a voice vote, all voting aye, P9ayor Nee declared the motion carried unan�mously IVU. DJ'+ - KCLV TO REZONE THE A M_9 +n M_l ING ORDINANCE AMENDMENT ZOA �76-07, BY ROBERT MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 634 and adopt it on the second reading, and pu6lish Seconded by Councilman Schne�der Upon a voice vote, all voting aye, Mayor Nee declared the motion carr7ed unanimously PUBLIC HEARIPlG MEETING OF FEBRUARY l�, 1977 PAGE 4 CONSIDERATIDN OF APPROVAL OF LOT SPLIT L S #76-11, ROBERT SCHROER, TO SPLIT OFF THE SOUTHERLY 160 FEET OF LOT 8, BLOCK 2, EAST RANCH ESTATES 2ND AbDITIDN; 7875 AND 7895 RANCHER'S ROAD• Mr. Dick Sobiech, Public Works Director, explained this request is to split Lot 8, Block 2 of East Ranch Estates 2nd Addition into two parcels. He stated no setback is requtred as there will be a common wall between the two buildtngs. M07ION by Councilman Namer m k to concur with the recommendation of the Plamm �g Commission and approve Lot Split #76-11 as filed by Robert Schroer. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. NEW BUSINESS• RESOLUTION N0. 16-1977 - REQUESTING THE ANOKA COUfJTY COMMISSIONERS TO MAKE SAFETY rnnnonvrnnrvrc nr rur TniTrncrrTrnni nr nconnnir nnnn nnin rncT nrvrn nnnn. MOTION by Councilman Fitzpatr�ck to adopt Resolution N0. 16-1977, Seconded by Counc�lwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION N0. 17-1977 - REQUESTIPIf THAT THE MINNESOTA DEPARTMENT OF TRAPJSPORTATIO�� CONSTRUC? A PEDESTRIAN OVERPASS ON T.H. #47 AT I�IISSISSIPPI STREET: MOTION by Councilman Hamerm k to adopt Reso7ution No 77-1977 Seconded by Counctl- woman Kukowski Upon a voice vote, all vot�ng aye, Mayor Nee declared the motton carried unanimously Councilman Schneider questioned the method of funding this overpass. Mr. Sobiech stated it is hoped about 70% of the funding would come from the Highway Department and possibly obtain County participation. Mr Qureshi, City Manager, explained �f the H�ghway Department does proceed with the overpass, a proposal would be submitted on the costs and method of fundtng. Mr. Nick Garaffa, 6750 Monroe Street, felt the resolution pertained to a pedestrtan walkway only and felt provision should be made for a ramp so that bicycles could also use the overpass. Mr. Sobiech explained the resolutton does make reference to the City's bikeway/walkway plan and this wou7d be discussed with the Highway Department in the p7anning stages. TION N0. 18-1977 IN SU E FILE 15 AND SENATE FILE 100: A BILL FOR MOTION by Councilwoman Kukowski to adopt Resolution No. 18-1477. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CONSIDERATION OF THE PURCHASE DF A RECORDING RESUSCI ANNE• Mr. Qureshi, City Manager, explained F�re Chief Aldrich was asked to attend this meeting to explain the need for this equipment in the Fire Department and to answer• any questions from the Council Because of a pr�or commitment, Chief Aldrich was requested to come to the meeting about 9•30 p m. Since the time was approximately 8:30 p.m., the Council, therefore, proceeded with the ather items of business. RESOLUTION ND. 19-1977 - APPROVIMG THE PRE-APPLICATION FOR COMMUNITY �EVELOPMENT BLOCK GRANTS MOTION by Councilman F�tzpatrick to adopt Resolution No. 19-1977. Seconded by Counc�lwoman Kukowski. � ' � Councilman Hamer m k stated, considering the Planning Commission recommendation, and the fact this area will probably not develop commercially, he felt, if the residents favored zonina to residential, they could so �nitiate a petition for rezoning. Councilwoman Kukowski stated hopefully the matter of the zoning will be settled by the time final application is to be made to HUD on the Commun�ty Block Grant. � � PUBLIC HEARING MEETING OF FE6RUARY 14, 1977 PAGE 5 UPON A UOICE VOTE taken on the motion io adopt Resolution No. 19-1977, all voted aye, and Mayor Nee declared the motion carried unanimously ON OF APPROVING EXTRA COMPENSATI6N FOR CERTAIN PERSONNEL GIVING EXTENSIVE Mr. Qureshi, City Manager, explained supervisory staff �n the Publ�c Works and Parks and Recreation Departments worked long hours to maintain essential services during the strike and feels the City should in some way show its appreciation He recommended the Council authorize a special pay of $75 each for these employees MOTION by Councilman Hamernik to authorize extra compensat�on in the amount of S75 for these employees. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. DISCUSSION REGARDING FILLING THE TWO VACANCIES OF POLICE OFFICERS IN THE POLICE DEPARTMENT Mayor PJee stated that he contacted the Attorney General's office to inquire whether they were gotng to appeal the District Court's deciston regarding the City of Fridley's declaratory �udgment about the adoption of the ordinance by the C�ty of Fr�dley which puts new officers in the State Poltce and Fire PERA The reason that he did th�s was because the City is anxious to hire the police officers to fill the two vacancies in the City's Police Department. He said that he was unable to get an answer from the appropriate people in the Attorney General's office. He felt the Pol�ce Civil Service Commission should be advised of the City Council's intent to fill the positions as soon as possible. The City Manager, Mr. Qureshi, stated the Police Commission recently had a meeting on this question and they are reviewing the poss�bility of either using the existing eligibility list or conducting a new examination Ne explained the hiring of a new Police Officer would take six months to a year for training and 6ecause of this concern, there may be the possibility of hiring an experienced Police Officer He felt this would be the Police Commiss�on's area of responsibility. RESOLUTION N0. 20-1977 - TRANSFER OF FUNDS FROP4 RESERVE TO FIRE DEPARTMENT FQR PURCHASE QF A RECORDING RESUSCI ANNE: MOTION by Councilman Fitzpatrick to adopt Resolution No 20-1977 to purchase a Recordtng Resusci Anne" for' $995. 5econded by Councilman Schneider. Councilman Hamernik stated in talking w�th a representative of the Anoka County Red Cross, he was advised in order to get full benefit of a unit of this type, it would be necessary to have someone well tratned and who understands the procedure to conduct the training. Councilwoman Kukowski felt the um t is important as fire fighters in the Emergency Medical Techm cian program were trained and tested on a Recording Resusci Anne and with a u m t at the Fire Department it would not only enable them to refresh their training, but also can be used in training other personnel in the Fire and Police Departments. UPON A VOICE VOTE to adopt Resolution No. 20-1977, all voting aye, Mayor Nee declared the motion carried unanimously DISCUSSION REGARDING PROPOSED LEGISLATION REGARDING ASSESSMENTS FOR HOME IMPROVEMENTS The Gity Manager, Mr. Qureshi, submitted proposed legislation for the Council's review and constderation that would allow no additional assessments due to home improvements after a home has been constructed for five years �The Council this item. ADJOURNMENT: requested Staff to obtain further information before action is taken on MOTION by Councilwoman Kukowski to ad�ourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing meeting of the Fridley City Council of February 14, 1977 ad�ourned at 8:55 p.m. Respectfully submitted, ��.�c�.FG- . �:24'vL �i' Carole Haddad Secretary to the City Council Approved• � `" ��- � r� William J. Nee Mayor