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02/27/1978 - 00014252r--� � I i � � � - rv THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 27, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamern�k and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES REGULAR MEETING, FEBRUARY 6, 1978• Councilman Hamernik requested Mr. Jorgenson's name be corrected to "P1r. Hogenson," on page 4, fifth paragraph from the bottom and on page 5, the fourth and fifth paragraphs. MOTION by Councilman Hamernik to approve the minutes of February 6, 1978, as amended. SeconJed by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING, FEBRUARY 13, 1978 MOTION by Councilman Schneider to approve the minutes of February 13, 1978, as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot7on carried unanimously. A�OPTION OF AGENDA: MDTION by Councilman Fitzpatrick to adopt the agenda as presented. Seconded by Counctlman Hamerntk. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COPIMENTS REGAR�ING SGT. ROBERT COOK Mayor Nee stated about 2:30 Saturday morn�ng, one of the Fridley Police Officers, Sg� Robert Cook, was wounded tn a gunftre fight with an armed robber. He stated, while other police officers have been in,7ured in the ltne of duty, Sgt. Cook is the f�rst member of the Fridley Police Department to be wounded by gunfire in the line of duty. Mayor Nee stated he was wounded 6ecause of his desire to give the robber every reasona6le opnortuntty to surrender. As a result, he received the f�rst fire Playor Nee stated Bob was secure, in the sense of his life, «nd everyone prays he will have full recovery on the use of his legs. Playor Nee stated a letter of commendation was prepared to 6e sent to Sgt Cook and when he is well and able to come to a meeting, the Council would want to honor him in person P90TION by Councilman Fitzpatrick to instruct the City Manager to send the letter of commendation to Sgt. Ro6ert Cook. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously. GPEN FORUM, VISITORS: Mr. Ed Wtlmes, 6350 Riverview Terrace, appeared before the Counctl and also expressed the wishes of the Islands of Peace Foundat�on for a speedy recodery for Sgt. Cook. Mr. Wilmes reported that the Courage Center participated in the benefit held by the Anoka County P�rs. Jaycee's. He stated many persons and businesses were involved tn these efforts and each one will receive a letter of acknowledgement from the Courage Center. .�, , �a REGULAR MEETING OF FEBRUARY 27, 1978 PAr,E z Mr Wilmes also called the Council's attention to an article appearing in the Mtnneapolis Tribune on February 26, 1977, regarding transportation of the Handicapped and how it is becoming a lucrative business. He stated he has been in contact with the Metropolitan Transit System and they will look into transportation to the Islands of Peace to hopefully have direct bus service. Mr. Wilmes stated he received a phone call from the flssistant �irector of the Department of Intertor in Wash�ngton, D C. and on P�arch 6, 1978, there will be a representative from their office meeting with the Islands of Peace Foundat�on to see �f there can be any assistance from the �epartment of Interior. Mr. Wilmes thanked the Council for their contribution this past Saturday evening in the benefit sponsored by the Mrs. Jaycee's OLD BUSINESS: OR�INANCE N0. 671 - AMEN�ING SECTION 29 OF THE CITY CODE WHICH AUTHORI2E5 0 MOTION by Counctlman Schneider to waive the second reading of Qrdinance No. 671 and atlopt it on the second readin9 and publish. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carr�ed unanimously. PdEW BUSINESS: OF FIRST READING OF ION 214.05, A, 4, B AMENI]IfdG Mr. Sobiech, Pu61ic Works Director, stated the City received a request from a company who is interested in providing l�tter receptacles to bustnesses and using the exterior surfaces of the receptacles for advertising by reputable and reliable business concerns who may contract for space. Mr. Sobiech stated a mod�ficatior of the sign ordtnance is necessary in order to permit this operation in the City. He stated another agenda �tem refers to an agreement between the City and Company, Environmental Services, Inc., regarding the receptacles and their use. P1r. Sobiech stated this matter was discussed with the City Attorney and he felt the ordinance change was workable with the proposal made by Environmental Services, Inc. P�OTION by Councilman Barnette to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF CITIZEN FlPPOINTMENTS TO CITY OF FRIDLEY COMPIISSIONS: COMMUNITY DEVELOPPIENT COMP1ISSION: f4ayor Nee stated Alfred Gabel and LeRoy Oquist have expressed a desire to continue on the Commission, if the Council wishes. Councilman Fitzpatrick nominated Alfred Gabel to another term on the Commission. There being no further nominations, the nominations were closed 6y Mayor Nee. MOTION by Councilman Fitzpatrick to cast a white ballot for Alfred Gable. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unam mously. Councilman Schneider nominated LeRoy Oquist for another term on the Commission. There betng no further nominations, the nominations were closed by Mayor Nee. MOTION by Councilman Schneider to cast a white ballot for LeRoy Oquist, Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carr�ed unanimously. `J , LJ � � � � ,�e REGULAR MEETING OF FEBRUARY 27, 1978 RKS AN� RECREATION COMP1ISSION PAGE 3 Mayor Nee stated Ms. Jan Seeger has expressed an interest in serving another term on the Commission. Councllman Fitzpatrick nominated Ms. Jan Seeger for another term on the Parks and Recreation Commission. There being no further nominations, the nominations were closed by Playor Plee MOTION by Councilman Fitzpatrick to cast a white ballot for Ms Jan Seeger. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unan�mously. APPEALS COMMISSION: Mayor Nee stated Ms. Virginia Schnabel has indicated she would be interested in serving another term and Mr. Kemper also expressed an interest in another term on the Commiss�on, Counctlman Hamerntk nominated Ms Vtrgtnia Schnabel for another term on the Appeals Commission. There being no further nominations, the nominat�ons were closed by Mayor Nee P10TION by Councilman Schneider to cast a white ballot for Ms. Virginia Schnabel Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Hamernik nominated Richard Kemper for another term on the Commission There being no further nomtnations, the nominations were closed by P4ayor Nee. MOTION by Councilman Fitzpatrick to cast a white ballot for Richard Kemper. Seconded by Councilman Schneider Upon a voice vote, all vottng aye, P1ayor Nee declared the motion carried unanimously. ENVIR6NMENTAL QUALITY COMMISSION: P4ayor Nee stated Ms. Lee A,nn Sporre has indicated an interest in serving another term. Councilman Fitzpatrick nominated Ms. Sporre for another term on the Envlronmental Quality Gomm�ss�on There being no further nominations, the nominat�ons were closed by Mayor Nee. MOTION by Counctlman Fitzpatrick to cast a whtte ballot for P1s. Lee Ann Sporre. 5econded by Councilman Barnette. Upon a voice vote, all voting aye, f�ayor Nee declared the motion carried unanimously. HUMAN RESOURCES COMMISSION. Mayor Nee stated Pis. Barbara Shea indicated she was not interested in serv�ng another term on the Commiss�on. Counc�lman Hamern�k nom�nated Ms Caryl 4leaver Councilman Schneider nominated F1s P1ary VanDar� � There be�ng no further nomtnations, the nominat�ons were closed by P"ayor Nee. UPON A ROLL CALL vDTE, Councilman Barnette and Councilman Hamernik voted in favor of �1s. Weaver. P1ayor Nee, Counctlman Fitzpatrick and Councilman Schneider voted in favor of f4s. VanDan. Mayor Nee declared Ms. Van�an appointed to the Numan Resources Commission by a 3 to 2 vote. Councilman Hamerntk nominated Davtd Thtele for another term to the Human Resources Commission. There being no further nominations, the nominations were closed by Mayor Nee. MOTION by Councilman Hamerm k to cast a white 6allot for David Thiele. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mo�ion carried unanimously. r , ���� REGULAR MEETING OF FEBRUARY 27, 1978 PACE 4 CABLE TELEVISION COMMISSION Counc�lman Fitzpatrick nominated Harold Belgum for appointment to the CATV Com- mission. He stated, it is his understanding, that Mr 6elgum would resign from the Human Resources Commtssion, if he received appointment to this Commission. There being no further nominations, the nominations were closed by Mayor Nee. MOTION 6y Councilman Fitzpatrick to cast a white baliot for Harold Belgum's appointment to the CATV Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Hamernik nominated G. Burt 6Jeaver for appointment to the CAT� Commission. There betng no further nominations, the nominations were closed by Mayor Nee. MOTION by Councilman Hamernik to cast a white ballot for G. Burt Weaver's appointment to the CATV Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Barnette nominated Pis. Jane Hayano for appointment to the CATV Commission. Councilman Schneider nominated �avtd Mon�cal for appotntment to the CATV Commission. Councilman fiamernik stated he talked with P^s. Hayano and she was not interested in seeking appointment at this ttme. Councilman Barnett then wtthdrew his nomination. Counctlman Fitzpatrick stated Mr. Larry Chevalier has indicated he is very interested in serving on a City commission, however, he did not know if he would have an interest in this particular area. Councilman Fitzpatrick then contacted P4r. Chevalier by phone and Mr. Chevalier was interested tn appointment to this Commission. Counct7man F�tzpatrick nominated Mr. Larry Chevalier for appointment to the CATV Commission. Councilman Schneider withdrew his nomination for *David Monical. There be�ng no further nominations, the nominations were closed by Mayor Nee, MOTION by Councilman Fitzpatrick to cast a white ballot for Larry Chevalier for appointment to the CATV Commission. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor�Nee declared the motion carried unantmously. FRIDLEY HOUSING AND REDEVELOPPIENT AUTHORITY: flayor Nee stated he has appointed Pastor Arnold Stone to the Fridley Flousing and Redevelopment Authority and requested the Council's approval MOTION by Councilman Hamernik to concur vaith the appointment of Pastor Stone. Seconded 6y Councilman Schne�der. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. POLICE COMMISSION Mayor Nee stated he has appointed Ms. Elizabeth Kahnk to the Police Commission and requested the Counc�l's approval MOTION by Counc�lman Schneider to concur with the appointment of Elizabeth Kahnk Seconded by Councilman Hamerm k. Upon a vo�ce vote, all votrn� aye, Mayor Nee declared the motion carried unanimously. Mayor Nee requested letters or certtflcates of :a r[�reciation be prepared for those mem6ers who are not continuing to serve on the Commiss�ons. *As amended 3/3U/78 , , I�J '� J � ( �� REGULAR MEETIPJG OF FEBRUARY 27, 1978 IDERATION OF ISION P PAGE 5 #77-08, THOMPSON'S RESOLUTION N0. 24-1978 - REGARDING DETACHP�IENT AND ANNEXATIO�J Mr. So6iech, Public Works Director, stated this is a plat which �nvolves three parcels of property at the northwest intersect�on of Kim6all Street and Broad Avenue. He stated the property, as it exists, involves part of Fr�dley and part of Coon Rapids. Mr. Soblech pointed out the proposed resolution �s required 1n order to annex from Coon Rapids that part of property that is necessary for this plat. Mr. Sobiech stated, if the plat is approved, it should be with the contingency that Coon Rapids concurs w�th the annexation. Mr. Sobiech stated it would be a staff recommendation that appropriate escrows be held in order to ensure that the proper street section is improved in the future. He stated the petitioner requested a waiver of the park fee and there was a suggest�on that perhaps the fee could be wa�ved for the lot on wh�ch a residence exists. MOTION by Councilman F7tzpatrick to approve the final plat, Subdivision P. S #77-08, Thompson's Riverview Heights, with the provis�ons that the petitioner place in escrow that amount of money needed to improve curb and gutter along Broad Avenue; that the park fee � only one-half of what it normally would be, and that the p1at be contingent upon Fridley annextng the land involved in the plat. Seconded 6y Councilman Schneider. Councilman Fitzpatrick stated his reason for moving a reduction uf the park fee is that, tn this plat, they are really creating only two new building sites. He stated his ma�n consideration is that it is a rather expensive plat in view of the improvements involved; however, as it relates directly to the park fee, this plat is more extremely removed to park facilities the City maintains. Councilman Hamernik requested clarificatton if they are talking a6aut a park fee on three lots or two lots. Mr Sobiech stated the platting ordinance provides for a park fee of $300 per lot or a total of $900, so a strict �nterpretation would be for three lots. Councilman Fitzpatrick stated his motion is for a park fee of one-half of the $900 or $450 Councilman Hamernik questioned what makes this development so much more expens�ve. Councilman F�tzpatrick stated in all parts of the City, at this time, the concrete curb and gutter are in and this one wasn't installed for a pecul�ar reason Mr. Sobiech stated the reason it wasn't improved before was that it could not be assessed because it was in the City of Coon Rapids. Councilman Schneider indicated he was concerned of reducing the park fee from $90D to $450. He felt it would be consistent tc reduce it to '�600 for the two lots, but pointed out the park fee is to allow for development of parks and felt if they took an approach to waive the park fee in areas where there aren't any park facilities, the City might never get any parks. Counci1man Fitzpatrick felt thts is a special case, as park factcities tn this area aren't likely to be affected by th�s plat, etther the need for or whether or not they are increased. He stated he would agree with Councilman Schneider's , comments, but didn't vtew what is happening here in the same way as is true in a new plat, as then the fee is collected for purposes of providtng park facilities MOTION by Councilman Hamernik to amend the motion to charge a park fee of 3600 for the two lots that are not now constructed on. Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman F�tzpatrick to adopt Resoluticn Plo. 24-1978 regarding detachment and annexation. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ,, � REGULAR MEETING OF FEBRUARY 27, 1978 PAGE 6 RECEIVING THE MINUTES OF THE PLANPIING COMMISSION MEETING OF FEBRLAP,Y 8, 1978: T CUSTOM HOMES. INC., S P. 78-02; 7355 HIGHWAY �r65 N Mr. Sobiech, Publ�c Works Director, stated this request is to allow expansion of the sale of mobile homes to include Lots 4, 5, and 6, Block 1, Central View Manor at 7355 Nighway #65 PJ.E Mr. So6iech stated the Planning Commission recommended approval with certain stipulations regarding concrete curb and gutter, screening and landscaping. , He stated the previous special use permit was to be reviewed in three years to ensure the site was in basic conformance with the stipulattons. Mr. Al Schrader, appeared before the Counc�l regarding his request for the special use permit to allow the expansion. He stated his business has grown and they now have modular homes and wish to set up an environmental type d�splay with sidewalks and landscaping to create a residential type aoproach in showin9 the um ts. D1r. Schrader presented his plans for the addition to Hart Custom Homes. Mr. Qureshi, City Manager, suggested the special use permit be reviewed next year on the staff level aa� if all condttions are being complied with, for the Council to renew it in 1982. MOTION by Councilman Schneider to grant S. P. ,�`r78-02 to Hart Custom Homes with the stipu7atlons that (1) the Special Use Permtt to operate a mo6tle home sales lo� is given only to Hart Custom Homes, (2) if the business changes hands, the special use permit will be null and vo�d and review by the Council before transfer; (3) there is to be screening of the base of the dtsplay homes to give the appearance of permanent structures, (4) curbing and berming, to be worked out with the City staff specifically no concrete curb and gutter will be required along the driving aisles to allow for free movement of display homes, and (5) the �pecial Use Permit to come back before the City Council for renewal in September, 1982. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P1ayor Nee � declared the motion carried unanimously. 40' LOTS/HYDE PARK: No action was taken on this item. Mr. Sobiech, Public Works Direcotr, stated he 6elieves at this point there is an understanding of the City's policy. APPEALS COMMISSIOPJ MINUTES OF JANUARY 24, 1978: GORDON HEDLUND 48DD 3RD STREET N. E.. Mr Sobiech, Public Works Director, stated this is a request for variances to allow construct�on of a home on a 40 foot lot at the intersection of 3rd Street and 48th Avenue. He stated that the variances under consideratton are noted on Page 5� of the agenda book and summarized them as follows: to reduce the lot area, to reduce the required side yard, to reduce the minimum lot width; to reduce the mintmum square footage; and to reduce the s�de yard ad,7oining living area to allow construction of a house and attached garage at 4800 3rd Street N.E. Mr. Sobiech staied the Appeais Commission has recommended denial of these variances. Mr Hedlund stated he �s a home builder and that there are a number of homes , in this area on 40 foot lots. He felt the request for variances aias not an unreasonable one and many variances are required because of the �aay the ordinance is wr�tten. He felt his proposa] �vas a good one and the Council should take a look at it. Mayor Nee pointed out the basis for granting a variance is due to hardship Mr. Herrick, City Attorney, stated the legal basis for obtaining a variance is that there is something unique about the property that would justify grant- ing the variance. He stated it seems to him, in this particular case, if he reads the record correctly, that Mr. Hedlund purchased the lots with the advance knowledge that they were not buildable. He indicated he has the right ^ f} L ce REGULAR MEETING OF FEBRUARY 27, 1978 PA�E 7 to come before the Counctl to request the variances; however, he felt the Council should view the variances on the merits and if they are convinced ;t �s in the 6est interests of the neighborhood, they have the authority to grant the variances. He further potnted out there isn't a compel;ing legal reason that they have to grant the variances Mayor Nee asked Mr. Hedlund if he was informed that the lots were unbuild- able. Mr. Hedlund stated he was notified of the sale of the tax forfeit land. � He stated the lady at the desk told him they couldn't be butlt on. He stated if he was to say he was notified, �n a general sort of vday he was, but on certain lots he was told there are things he couldn't and could do. He stated as far as saying that these lots aren't buildable, he pointed out that in other ctties such as Minneapolis, New Brighton, Columb�a Heights you can build on 40 foot lots � Mayor Nee asked Mr. N°dl-urd if any of the staff suggested he could build on a 40 foot lot �n Fr�dley. Mr. Hedlund answered in the negative. Councilman Barnette questioned �f residents in this area might not rather have a house on the lot instead of weeds, dumping grounds, etc. He questioned if these lots aren't eventually built on or purchased by ne�ghborzng property owners what would become of them. Mr. Hedlund siated the Chairman of the Appeals Commission called the people to the north of the lot and they stated they would like something built on it. He stated not many people came in when the meetings were held. However, there was a petition requesting dental of the variances. Mr. Thorson, 4775 3rd Street, stated his main concern is that he is disappointed on other homes being built on 40 foot lots. He stated he circulated the petition and feels they have enough traffic in the area. *Mr. Quresht stated, prior ta the zo m ng ord�ance, homes could be built on these size parcels. Councilman Schneider felt the marn question �s ti-�hat �s the hardshtp. Mr Hedlund stated he is not claiming any hardship, he bought the lots think�ng he could build on them. He stated it seems a little d�fferent when one village states you have to have a hardship and has tougher rules than other villages. He felt the City is unusually tough in the requirements. Mr. Herrick felt perhaps what P1r. Hedlund �s asking for more than a variance �s a change in the ordinance. He stated the City has adopted a 75 foot standard for lots which have been �n existence for a number of years. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and deny the request for variances as there is no showing of a hardship. Seconded by Councilman Schneider Mayor Nee stated the City went through great lengths to show when the lots were sold what they could be used for. He stated that was the reason he asked representatives from the County at attend the meeting this evening in the event this question arose. Ma�or Nee stated, prior to releasing 1 was gone into whether there should be considered He �ndicated he was glad C�ty's position. these lots for sale, the whole question special zoning and these things were there was no misunderstand�ng on the Counctlman Barnette questioned what was going to happen to the 40 foot lots. He felt they are a hazard for traffic and questioned if the Council hoped neighboring property owners would purchase them P1r Thorson stated he was at the auctton and was interested in purchasing the lot, however, he stated the cost got up to 53,500. *As amended 3/20/78 /�+'L MEETING OF FEBRUARY 27, 1978 PAGE 8 Mayor Nee stated �t was hoped that the lots might be purchased by ad�acent property owners Comm�ssioner 0'Bannon, Anoka County, stated when these building sites were discussed, he was aware they were not buildable sites. He stated anyone knows you cannot buy a buildrng site in the metropolitan area for $500 and he stated if he knew these were going to be bid for $3,500, they would never have been put on the sale. He stated, tn the sale not7ce, it states they a m sub,7ect to City ordinances. ' Mr. Thorson stated he would have been happy to pay $400 or $500 for the lot, but when the price H�ent to $3,500 he wasn't interested. Mrs. Thorson stated they do maintain the lot next to them, even though they do not own it Mr. Hedlund stated the auctioneer never told him specifically that these lots were unbuildable. He stated for the record he wanted to make it clear that he was not spectfically told. Mayor Nee stated he doesn't want to get the proceedings confused, but pointed out Mr. Hedlund is a builder and assumes a builder would look at the zoning ordinances He asked if there was anything in the Ctty ordlnances which states he cou]d build on a 40 foot lot. Mr. Hedlund stated in most areas 40 foot lots are buildable. Mayor Nee stated, being a bu�lder, he is sure Mr. Hedlund is familiar with the requtrements and it was not incumbent on the City to keep hiM informed of the codes. Councilman Hamernik stated when these lots were put up for sale, he felt the Council took every precaution io iet prospective buyers know ihat these were not buildable lots. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee � declared the motion carried unanimously. GORDON HEDLUND: 4687 MAIiV STREET N E: Mayor Nee stated this variance is simtlar to the one requested for property at 4800 3rd Street and involves a 40 foot lot. P10TION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and deny the variance requests for property at 4687 Main Street N E. as there isn't any demonstrated hardship. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Councilman Barnette questioned Tf it was permissable to change the contour of these lots. P4r. Sobiech stated the C�ty has worked with the County in the past to obtain the�r permiss�on. The County representative fe]t this may be negotiable Counctlman Barnette stated the lot he had in mind was at 60th and 2 1/2 Street. P1r Sobiech indicated they would check further and contact the County ' regarding this matter. MOTION by Councilman F�tzpatrick to receive the Planning Commission minutes of February 8, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. T i, �� � REGULAR MEETING OF FEBRUARY 27, 1978 PA,GE � RECEIVING THE MINUTES OF THE POLICE COMMISSION MEETING OF FEBRUARY 7, 1978: MOTIDN by Councilman Schneider to receive the minutes of the Police Commission Meeting of February 7, 1978, Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIDN 18-1978 - IN SUPPORT OF A BILL AUTHORI7ING SELF-INSURANCE. , Mr. Brunsell, Ctty Clerk, stated the City is working with several other com- munities with regard to sponsoring legislation for cities to self-insure He stated it 1ooks like the Legislature ts not gotng to adopt this legislat�on and an alternate bill has been prepared that would permit spec�f�c c�ties to self-�nsure either individually or on a pool basis He stated, ir order for Fridley to be included, he felt the Council should show support for this legislation and requested the Council consider adoption of the resolution subm�tted. Councilman Hamerm k questioned potential savings based on past h�story. Mr. Brunsell stated he is not sure they will save that much on administrat�ve costs. He stated they would have to hire some administrative help as far as handling claims. He pointed out some cities are now at the point where they absolutely cannot buy insurance. He stated insurance companies are getting out of the business, as far as liability with cities is concerned. He stated, before any commitment is made, they would come back to Council with more facts and figures. MOTION by Counctlman Hamerntk to adopt Resoluticn No. 18-1978 Seconded by Ccuncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously �ISCUSSION REGARDING PROVIDING INSURANCE COVERAGE BEYOND THE STATUTQRY LIPIITS� ' Mr. Brunsell, City Clerk, stated in January, 1978, the League P9agazine carried an article regarding cities' liability limits and the question is whether tt ts a good policy to carry the additional insurance coverage. Mr. Herrick stated he talked with attorneys at the League and their conclusions are the same as his and are outllned 1n h�s letter of February 13, 1978, covering this sub,7ect. No act�on was taken on this item at this time. RECESS: Recess called by Mayor Nee at 9:50 p. m. RECONVENED- Mayor Nee reconvened the meeting at 1D p. m. All Councilmembers were present � P10TION by Councilman Hamermik to adopt�Resolution ^lo� P5-1938. Seconded by Counc�lman Schneider. Upon a voice vote, all votin� aye, hlayor Nee declared the mot�on carried unanimously. CEIVIPdG PETI7ION �F STREET P10TIOP1 by Courcilman Schneider ta receive Petition �n-1��8 fer �nst�llation of street lights ii� �J�e South Innsbruck area. Seconded �y Councilman Barnette. Upon a voice vote, all voting aye, Mayor N?P declared the motion carried unanimously Councllman Schne�der siated he has been rn contact wlth some of the residents in the South Innsbruck area and originally when the area was built, most of the homes had gas lighting and the residents requested street l�ght�ng not be included �n the development. Councilman Schneider stated this was prior to legislation outlawing the gas lights and the Homeowner's Association has now inquired about street lighting in the area. �� REGULAR MEETING QF FEBRUARY 27, 1978 PAGE 1Q P-1r. Sob�ech stated the plan that was discussed with the homeowners, through Councilman Schneider, is outlined in Page 10 of the agenda book. He stated, in this particular plan, they would be restricting lights to the tntersec- tions, sharp curves and dead-ends noted on the plan. He stated the short cul-de-sacs get benefit from intersection lighttng. Mr Sobiech stated the costs for Northern States Power to install the under- ground system �s basically $2 per trenching foot, 6ut N.S.P gives a 50 foot per light credit. He stated there would be no installation costs since the trenching cost is balanced by the light credit. He stated there will be a$100 to �200 charge assessed for boring under driveways. Mr. Sobiech suggested each of the individual property owners take it upon themselves to restore their own properties io their satisfaction. He siated there are two k�nds of lights to cons�der, either mercury vapor or sodium vapor. Although sodium vapor lights would cost 75 cents a month more than mercury vapor, they are better as far as energy savings. Mr Sobiech stated, therefore, the staff would recommend installation of the 16 sodium vapor lights, with the City paying the cost for the borings, and staff talking to the residents about rest�ration of their property. Mr. So6iech also pointed out there was no extra charge for the decorative pole. Mr. Sobiech pointed out on a map that those properties, outlined in red, were either opposed to the street lights or did not make any comment one way or the other. He stated staff would be in contact with these residents to discuss their ob�ections and work this out w�th the property owner. Mr. J�m Donahue, 1514 Berne Road, felt the residents were aware of the restoration that would be needed. Mr. Edwin Nunn, 1470 Glacier Lane, stated he was one of the persons who circulated the petition and indicated to residents that hopefully the lights could be installed by this summer Mr. So6iech stated N.S P. would process this through their computer so that it probably would be spring or early summer before the lights were installed. Councilman Hamerm k stated he would like to discuss the street lighting policy, in general, but tlidn't have any discussion regarding this particular issue. Mr Sobiech stated residents in other areas could get an underground system, but it would have to be assessed. He felt the staff could look into the expense involved. Councilman Hamerm k felt it may be good to get some groundwork done, as he felt residents �n Melody Manor mloht be more receptive to a decorative pole and underground lighting. Mr. Sobiech submitted a photo of a street light that could be used in an area that has overhead lightin9. MOTION by Counctlman Schneider to direct staff to proceed with the plans for street lighting in the South Innsbruck area making sure they work with the residents �n the area notifying them of the fact that the sod or landscaping will not be restored by the City and that l�ghts not be installed directly on the property, if the property owner has ob�ections. Seconded by Councilman F�tzpatrtck Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TION OF AN AGREEMENT WITH ENVIRDNP9ENTAL COMMUNITY SERVICES, INC. Mr. Sobiech stated the agreement on Page 11A of the agenda book outlines the conditions under which Environmental Services, Inc Can operate in the City to provide l�tter receptacles and advertising for businesses He explained this is a pilot program and the agreement �s for one year to give the City and company an idea if the proposal is workina. He stated the receptacles would be limited to 40 sites with�n the City, all of which woultl have to be concurred with by the Counc�l. The advertising that would � �' , � � 1 REGULAR MEETING OF FEBRUARY 27, 1978 PAGE 11 be placed on the receptacle would have to be approved by Counctl and the agreement contains certa�n requlrements regarding performance bonds, in the event the company didn't fulfill their part of the agreement. Mr. Sobiech stated staff has worked wlth the City Attorney on this to ensure that the format and items were in proper order He further stated a representative of Environmental Services, Inc mras present and ney wish to comment. Councilman Hamerm k questioned the approach taken to this situation and the need for the agreement. He stated he has some reservation and feels, with the agreement, the City is l�miting the accessibility to one company, and felt it could possibly 6e handled under another procedure, such as a license Mr. Herrick stated he did not see anything that makes this exclusive to EN1lIRONMENTAL SERVICES, Inc. He stated the City would be allowing this company to have 40 receptables, and would not be limiting another company comtng in the City Councilman Hamernik felt it might be better to handle this under a licensing arrangement. In his interpretation, he felt the City is condoning something and wants it made clear the City is not p�omoting this, and should not really be tied into it other than control. Mayor Nee stated he has some uneasiness whether it is any business of the City if someone wants the receptacle. He indicated though there is some deviation regarding the code. Counctlman Schneider stated he shared Councilman Hamernik's concerns, however, was �n favor of the agreement. P4r Herrick stated, from the standpoint of policy, it is strictly up to the Council if they want this type of agreement or if they want a permit for this type of advertising, then the ordinance should be amended. Mr. Sobiech stated the item was discussed at a conference meeting, after the company presented informatton to the Planning Commission. He stated the agreement is for discusston purposes to determine how the Council wishes to handle it. He felt the City does have codes that could be used to monitor th�s type of situation, without the agreement. Mr. Herrick questtoned if anyone had any problem with the aesthetics of these receptacles h1r. Qureshi stated there was some concern and apprehension, and, pros and cons were discussed. Maycr Nee felt the bus�ness �tself would make that ,7udgment. Mr. Qureshi, City Manager, stated this would be an exper�mental thing, and there should be reasonable control 6y the City. He ind�cated he was a little apprehens�ve about how this would 6e accepted. MOTION by Councilman Schneider to execute the agreement wtth Environmental Services, Inc contingent upon publication and second reading of the ordinance amending Chapter 214, Sectton 214 D5, A, 4 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. CONSIDERATION OF HOLIDAY VILLAGE NORTH Mr Bob Merriman and Mr. �erry Jensen, representing Noliday Village Store, appeared before the Council regarding re1ocation of Holiday's garden center. Mr. Merriman stated Holiday Village Store is undertaking extensive remodeling inside their building, upgrading the parking lot and the relocat�on of the garden center is the next step in connection wtth special use permit #76-03. Mr. Sob�ech, Public Works Director, stated the garden center is to be relocated to a permanent location ,7ust East of the existing building, and th�s request is for approval of the change in location. i; � �_, '�; REGULAR MEETING OF FEBRUARY 27, 1978 PAFE 12 Councilman Fitzpatrick questioned the parking availa6le, if there was going to be another use on the Holiday property where the garden center had previously been located. Mr. Sobiech stated their experience, to date, is that Holiday has never had overcrowding at their store as far as park�ng. He stated Holtday Uillage would have to meet parking requirements for anything requested in the future. In check�ng the requirements on the special use permits for Pako and the mob�le home located at Holiday, Mr. Sobiech stated they are reviewed annually, but with no renewal 6y the Council. MOTION 6y Councilman Fitzpatrick to approve S. F. #76-03 for the permanent relocation of �:he garden center with the provision for an annual review by staff Seconded by Councilman Barnette Mr. Qureshi, City Manager, suggested an annual review by staff, with a renewal by Council in three years. P+lr. Herrick, City Attorney, stated probably the mobile home and garden center shouldn't be tted together since the garden center is part of Holiday Village's operation. He felt on the otl�er uses, such as Pako and the mobile home sales, there should be a renewal. Councilman Fitzpatrick stated his motion called only for an annual staff review. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and h�ayor Nee declared the motion carrted unanimously. ON N0. 19-1978 - IMPOSING LOAD LIMITS DN PIIBLIC STREETS PN� P10TION by Councilman Schneider to adopt Resolution No. 19-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 20-1 5 SPECIFICATIONS AND ESTIPIATES Councilman F�tzpatrick stated this item is before the Counc�l because there was discussion on whether this should Ee a residential or commercial street. Mr. Qureshi, City Manager, stated, after meetings with the neighborhood, they favored a residential street and they are, therefore, recommending this approach. MOTION by Councilman Fitzpatrick to adopt Resolution Mo. 20-1978. Seconded by Councilman *Namerm k Upon a voice vote, all voting aye, Mayor Nee declared the motion car�°ied unanimously. RESOLUTIOPI N0. ZI-19 ADVERTISEMENT FOR BI IMPROVEMEPIT, APPROVAL OF PLAPIS TMPR(1l/FMFNT PRf1,1Ff'T ST. lA7R-1 MOTION by Councilman Hamern�k to adopt Resolution No. 21-1978. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 22-1978 TO ADUERTISE FOR BIDS FOR TENNIS CDURT CONSTRUCTION MOTION by Councilman Hamernik to adopt Resolution No. 22-1978 Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all vot�ng aye, Mayor Plee declared the motion carried unanimously. *As amended 3/30/78 , , , � � REGULAR MEETING OF FEBRUARY 27. 1 PFlGE 13 RESOLUTION N0. 23-1978 IN OPPOSITION TO SENATE FILE U32 WHICH UIOULD PROHIBIT PUBLIC EMPLOYEES FROM DRAWING FIRE PENSIONS UlHILE ON ACTIVE DUTY WITH THE CIT Mr. Brunsell, City Clerk, stated this legislation, if adopted, N�ould proh�bit an employee who has completed 20 years of service as a volunteer fire fighter and is eligible for his pension at age 50 from draw�ng this pension until age 65 or such time as he may leave public employment. Mr. Brunsell stated this would have an impact on the City as far as recruiting future volunteer firemen. MOTION by Councilman Fitzpatrick to adopt Resolution No. 23-1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment o� Cla�ms No. 047A03 through 054995. Seconded by Councllman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. LICENSES: MOTION by Councilman Hamernik to approve the licenses as subm�tted and as on file in the License Clerk's Offi ce, with the exception of the license for the 6illiards Center. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSE - BILLiAR�S CENTER: Mr. Burmeister, the applicanh, was present regardin9 his request for a license for the Billiards Center. Councilman Hamernik stated he would propose that a restriction be put on the hours of operation. Mr. Burmeister stated this was acceptable with him MOTION by Councilman Hamernik to grant the license to the Billiards Center with the stipulation that th� hours of operation be between 8 a. m and 11 p. m on weekd3ys and B a.m to 12 midnight on Friday and Saturdays. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. ESTTMATES MOTION by Councilman Schneider to approve the estimates as submitted. Weaver, Talle & Herrick 316 East Ma�n Street Anoka, MN 55303 For Legal Services Rendered during January, 1978 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, MiJ 55402 For Legal Services Rendered during January, 1978 � Hickok and Associates 545 Indian Mound Wayzata, MN 55391 Partial Estimate #7 - Moore Lake Evaluation $1 ,873 90 $2,170 DO A 518J5 Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. � REGULAR MEETING OF FEBRUARY 27, 1978 PAGE 14 STATUS REPORT REGARDING SENIOR CITIZEN BUILDING AND FAMILY HOUSIPIG ON PROPERTY EAST OF CITY NALL• Mr. Quresh�, City Planager, stated the Plinnesota Housing Finance Agency has listed ob�ections to certain sections of the agreement the City has with the Canadian Financial Corporation and in order to provide financ�ng for the pro,7ect, Par. B 3, Par C 1 and Par. C 12 (c) would have to be eliminated from the agreement Mr. Qureshi stated, if the Council feels the elimination of these sections would not effect the City's responsibility, it would be necessary to authorize an amendment to the agreement with the Canadian Financial Corporation, eliminating these particular paragraphs. MOTION by Councilman Hamer m k to amend the agreemen� with Canadian Financial Corporation by deleting Par. B 3, Par. C 1 and Par. C 12 (c). Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to direct the City Manager to write to the Canadian Financial Corporation ind�catin9 the Council's actlon to delete these paragraphs from the agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously DISCUSSION - RE• FUNDS RECEIVING INTEREST EARNED BY TI1E CITY: Mayor Nee requested a breakdown on the $500,D00 earned in interest and a list of the funds this money went into. DISCUSSION - LIQUOR STORE: The Council briefly discussed the possibility of a municipal liquor store located near the Target store f4r. Brunsell stated Fridley's liquor stores have less sales per square foot than other municipal stores. He stated, if a liquor store was to be opened at the Target locatton, it would probably hurt one of the other municipal stores. Since no great interest was expressed by the Council, at this time, no action was taken to pursue the matter further ADJOURNMENT• MOTION by Councilman Barnette to ad�ourn the meeting Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Regular Meeting of the Fridley City Counc�l of February 27, 1978 adjourned at li 45 P. M. Re�pectfully submitted, -�,i��.�4_� -�C����� Carole Haddad Secy. to the City Council Approved: ��� � � �,�,���e.��� �,�� William J. ee Playor ' , �