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03/20/1978 - 0001423342 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 20, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:30 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Counc�l and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PRESENTATION OF AWARDS: Mayor Nee, Councilman Hamernik, Counciiman Fitzpatrick, Counc�lman Schneider and Councilman Barnette None COMP�ENDATION TO SERGEANT ROBERT COOK: A plaque was presented to Sergeant Robert Cook of the Police Department for exemplary service in performance of duty as a Fridley Police Officer. Mayor Nee stated the cit�z2r�s and Council commend Sergeant Cook for his actton on February 25, 1978, in the apprehension of an armed robber. �r. James Hill, Public Safety Dtrector, also presented Sergeant Cook with a Citation of Valor for outstanding service in the performance of duty. CERTIFICATIONS OF APPRECIATION: KENNETH QRENNEN - CABLE TELEUISTON COMMISSION A Certificate of Appreciation was presented to Mr. Kenneth Brennen for h�s services as a member of the Cable Television Commission. MARK SCOTT - CABLE TELEUISION COMMISSION� Since Mr. Scott was not present to receive this certlficate, Mayor Nee requested �t be forwarded to him. BARBARA SHEA - PLANNING COPIMISSION APJD HUP1AN RESOURCES CODIP1ISSION: Since Ms. Shea was not present to receive this certificate, Mayor Mee requested it be forwarded to her. APPROVAL OF MINUTES: REGULlIP, MEETING, FEBRUARY 27, 1978 Councilman Schneider requested the name of "Ed Del Monico" be corrected to "D�v�d f4om cal" in paragraphs 7 and 11, page a. On page 7, at the end of paragraph 8, the following is to 6e added Mr. Qureshi stated, prior to the zoning ordinance, homes could be buiit on these size parcels. Page 10, paragraph 2, change $50 to 50 "foot." Page 12, the Counc�lmember who seconded Resolut�on No. 20-1978, should be "Councilman Hamerm k " MOTION by Councilman Fitzpatr�ck to approve the minutes of February 27, 1978, as amended Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee deciared the motion carried unanimously. REGULAR MEETING, MARCH 6. 1978� MOTION by Councilman Hamerm k to approve the minutes of P1arch 6, 1978, as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. , ' r---� II I ,_J � � �I REGULAR MEETING OF MARCH 20, 1978 ADOPTION OF AGEPIDA• PAGE 2 „'-� Mayor Nee requested an item 6e added as 7A on the agenda regarding °,4ppo�ntment of Volunteer Firef�ghters." MQTIQN 6y Councilman Harnernik to adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. OPEN FDRl1M, VISITORS: There was no response from the aud�ence regarding this item of business. OLD BUSINESS. THORIZATI CELEBRATI 5.000 TO THE FRIDLEY 49ERS, INC. Mayor Nee stated the funds were budgeted for the purpose of this community celebration and the 49ers are requesting the money in advance. Mr. Brunsell, City Clerk, stated last year invoices were submitted by the 49ers and payments were then made by the C�ty, however,they�felt it vdould be easier to coordinate if payment was received before the event is held. Mr. Herrick, City Attorney, stated he could see no problems with advancing the funds, as long as it was a budgeted item, and the expenditure was used for public purposes. He stated, however, if there are excess funds, after the celebration, agreement should 6e reached on how these would be handled. Mr. Leon Madsen, President of the 49ers felt they could present a detailed accounting of how the funds were used, within two months after the event. P1r. Herrick felt this would be satisfactory, if the Council was satisfied with an accounting ti��thir 60 days after the evenl:. He suggested possibly any excess funds could remain in the 49ers' account to be used for the next annual celebration with the understanding that if there is no future celebratton, the money would be refunded to the City MOTION by Councilman Fitzpatrick to receive the Articles of Incorporation of the Fridley 49er•s, Inc. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTION by Councilman Barnette that the City authorize up to 45,000 to the Fridley 49ers for the community celebration program, with an accounting on the use of the funds 60 days after the celebration. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously NEW BUSINESS: OF FIRST READING OF AN ORDIPIANCE ESTABLI 12 OF Mr James Hill, Public Safety Director, stated the City has had isolated problems where ve�iicles are driving across school or pr�vate property and unless there is visible damage to the property, there are no regulations to cover this type of incident, therefore, citations could not be issued. Mr. Hill felt th�s ord�nance would fill the vo�d so that c�tations could be issued where vehicles are driv�ng across public or pr�vate property other than on the roadways provided for that purpose. Mayor Nee stated, in the current issue of the magazine published by the League of Minnesota Municipalities, there was an art�cle regarding laws which are on the books and not enforced by cities and felt a serious look should be taken at this situation. '' REGULAR MEETING OF MARCH 20, 1978 PAGE 3 Mr. Hill stated he also read the art�cle and didn't feel it pertains to this ord�nance, He explained this violation has been enforced �n several instances where it was clear there was criminal damage to the property MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 8. 1978• MENARD CASHWAY LUMBER. 5351 CENTRAL AVENUE N.E. - S P. n78-01: Mr Darrel Clark, Commum ty Development Administrator, stated this is a � request from Menard's to add a garden center on their property. He explained the proposed site would be near the builtling at the North end of the parking lot and a temporary structure would be used to house the garden center during the summer months. P1r. Clark stated this �tem was heard by the Planning Commisston which recommended denial of the request Mr. Menard, the applicant for the Special Use Permit, stated it didn't look like they would be able to proceed with the garden center this year because of the time element, however, he stated they would like to proceed with the permit for next year and possibly this year. P9r. Menard felt they have made progress with the restdents regarding some of the other pro6lems and stated ihey have put up a building to house the saw, fenced around the air-conditioning and turned off the public address system. P�r. Menard also stated they have contracted with Clean Sweep for cleaning of their parking lot. Mr. Charles Seeger, representing Menard's, explained their plans for the garden center which would be an outdoor display, attractively done with a split rail fence. He stated the garden center would be up until the nth of July and then taken down. , Mayor Nee questioned the number of parking places they now have available. I+lr. Seeger stated about 20 parking spaces would be lost for the garden center area, however, he stated they are presently only utilizing parking to the end of their building structure P4r. Clark reviewed the parking requirements for Menard's which has a 77,000 square foot building and under a C-2 zone, 513 stalls are required and under a C-2S zone, 924 stal7s would 6e required. Mr. Roland Lang, 1278 Skywood Lane, felt the garden center woultl add to the problem of the traff�c in the area. He also stated, if Menard's were have the garden center, it should be done attractively on a permanent basis. Mr. Carl Heggestad, 1258 Skywood Lane, felt the improvement of the �ntersection should be accomplished first to see of there is still a problem with traffic congestian, 6efore proceeding with a higher density of selling at rlenard's. Councilman Schne�der stated the concern he finds pertinent to the garden center is the litter and trash, and questioned what steps P"enard's mfould be taking for litter control. Mr. P9enard stated Clean SHieep tinll be taking care of the parking lot on a weekly basis with their maintenance personnel also working in this area. , He further expiained the garden center wouid 6e handled liKe a department of Menard's with personnel manning thts area. P1r Charles Sieff, 1298 Skywood Lane, felt if Menard's wanted the Special llse Permit, they should show they are in compliance and not creating diff�cult safety and health hazards with respect to the traff�c. He felt the request should be considered, after the improvement of the intersection. REGULAR MEETING OF MARCH 2D, 1978 PAGE 4 Ms. Matthews, 1259 Skywood Lane, stated she strongly opposes the garden center and felt it would add to the noise and pollution which already exists. Councilman Schneider questioned if the Special Use Permit could be denied on the grounds of the traffic problem. Mr. Herrlck felt they might be able to deny it until construct�on zs completed at thts intersection, however, he stated this was an educated guess on his part. He pointed out that court cases clearly spell out that the burden of proof lies with the City in denying a Special Use Permit. � Councilman Barnette stated safety and traffic seem to be the main concerns and asked Menard's if they would be willing to table this request until January, s�nce residents to not seem to be ob�ecting to the garden center as much as the traffic in the area. Mr. Seeger felt tabling the request would not be in their best interests He stated he doesn't believe the traffic is really the considerat�on here as they have had an on-going problem wtth their operation from residents in the neighborhood. Mr. Seeger felt if they could get the garden center operating this year, they could tell if it would be profitable and would then try to get it located inside the prem�ses. He felt the garden center would't generate add�tional traffic as they hope to sell to persons who would be coming �nto the store anyway for another purpose. Councilman Schneider indicated he would feel more comfortable, if Menard's would b�, w�lling to postpone the garden center for a year, after improvement is completed at the intersection. Mayor Nee stated he shared CouncilmanBarnette's and Councilman Schneider's point of view and preferred to wait until 1979 for the Special Use Permit Ms. Matthews stated she would like to see more of a comm�tment on the part of Menard's to the garden center and not to have the temporary structure. � Mayor Nee stated he understands, if the garden center is profitable, Menard's would make this sort of commitment. Mr, Seeger asked if they could request approval for the garden center for 1979 at this time so they would not have to go through processing of a Special Use Permit again next year. MOTION by Councilman Schneider to grant a Special Use Permit for Menard's for the calendar year 1979 for purposes of a temporary outdoor garden center, with the permit being strictly for the year 1979. If Menard's had similar plans for 1980, this matter would again come before Council. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. HUMAN RESOURCES COMP1ISSION MEETING OF P4ARCH 2, 1978, (EHCERPT) - urr.�rni r�riir.�r nnnnnnu_ This matter was not considered by the Council at th�s time. APPEALS COMMISSION MINUTES pF FEBRUARY 14, 1978 (Excerpt) - ARNAL COMPANY. 8251 ASHTON AVENUE: Mr. Clark, Commum ty Development Admi m strator, stated this is a request for variances to reduce the required rear yard setback from 20 feet to '0" feet , and reduce the requ�red setback for the building, when property �s ad�acent to a different zo m ng district, from 100 feet to 90 feet. Mr Clark stated the Appeals Commission has recommended approval, w�th the stipulation that if the building was ever to be sold separately, the petit�oner would be requ�red to plat the land rather than be granted a lot split. P4r. Clark stated, in processing a similar request from Berkeley Pump, they were requested to participate in the cost of putting a fence along the park property He stated, however, the Park Department is planning to request Berkely Pump to place plant�ngs on the top of the berm instead of fencing. REGULAR MEETING OF MARCH 20, 1978 46 PAGE 5 Mr. Clark stated the staff has recommended that Arnal Company should be required to pay the same type of cost as Berkeley Pump. Councilman Fitzpatrick stated the �ustifi cation in asktng Berkeley Pump to participate in the cost was because of the safety and questioned if staff was satisfied the berming woultl take care of the safety factor. Mr. Qureshi, City Manager, stated the staff is still th�nking in terms of safety, and basically, the City is applying the same rationale here as when the property to the South was developed. Mr. Arnie Toews, representing Arnal Company, indicated they ob�ected to the , requirement to share in the cost of the berming. He pointed out they were there years before the park was ever put in, therefore, they feel no obligation for fencing or berming on the park property Mr qureshi pointed out, with the request for the variances, there would be an addtt7onal burden on the roadways with more trafftc and felt, therefore, conditions could be imposed. Mayor Nee felt a sufficient finding had not been made regarding the need for the variances. Councilman Barnette pointed out, �f the variances are not granted, Arnal would have to back their trucks onto Ashton Avenue so it would create more of a traff�c problem Mr. Qureshi stated the Council has previously discussed development of this area and this request would continue the same pattern of development. Mr. Herrick felt it wasn't well documented as to why the variances were requested and stated the diagrams weren't very precise. Mr. Toews stated, because of the odd shape of the property, it would make it considerably harder to design a building, without the variances. Mr, Herrick suggested th�s item be ta6led to the next meeting in order that the previous variances could be reviewed. MOTION by Councilman Fitzpatrick to table this request until documentation is furnished regarding the need for the varrances. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MOTION by Councilman Hamernik to receive the minutes of the Planning Commission Meeting of March 8, 1978. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carried unanimously RECEIVING PETIITON k5-1978 REQUESTING IMPROVEMENT OF UNIVERSITY AVENUE WEST SERVICE DRIVE SOUTH OF 83RD AVENUE 27-1978 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES MOTION 6y Councilman Hamern�k to rece�ve Pet�tion No. 5-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamerntk to adopt Resolution No. 27-1978. Seconded by Councilman Schneider. Upon a votce vote, all vottng aye, Playor Nee declared the motion carried unanimously CONSIDERATION OF A RESOLUTION ORDERING IMPROV AP1D FINAL PLANS AND ' 1 REGULAR MEETING OF P1ARCH 20, 1978 Thts resolution covers improvements on Meyers and Hillcrest Avenues PACE 6 �,, h�r. Hermann of the City Assessor's Office pointed out the assessment to Mrs. Thompson's properiy would be $2,700 for Meyers Avenue and y�4,6D0 for Hillcrest Avenue. ThQ original estimate was $13,225, however, it could 6e reduced to $7,300 with the stipulation that if Mrs. Thompson's lot was ever spli�, the assessment would have to be paid based on the going rate for the assessment at the time of the lot split. Mrs. Kehner, 7129 East River Road, stated they built the�r home with financing from the Minnesota Finance Agency and received a variance because � they were not able to construct a garage due to the cost She pointed out that now they were going to be asked to pay for a street. Mrs. Thompson, 7155 East River Road, felt she d�d not need the street and the expense snould be with the developer. Mr. Tim Munn,petit��nerfor the improvement, stated he could see where Lots 3 and 4 wouldn'tbenefit and indicated he would add these lots to the list to pay the assessment, 6ut felt everyone would use and benefit from Hillcrest Avenue. In discussing other alternatives, the Council made reference to the City- owned property and whether or not it should be reta�ned. Mayor Nee questioned if the City was obltgated to bwild the street where there is publtc access. Mr. Herrick stated, it would seem to him, the persons owning the lots would have a right to a building permit as long as there is pu6lic access, however, then there is the question of homes being bu�lt w�thout the street improved. Mr. Herrick ind�cated he would like to do some further checking regarding this matter. P4r. Qureshi, City Manager, suggested another alternative may be to make the improvement in certain stages to possibly lower the cost He felt the staff � would need additional time to review this possibility. MOTION by Councilman Fitzpatrick to direct the Engineering Department to brtng hack another assessment roll based upon a lower cost by stage construction of Meyers Avenue. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. Mr. Quresh7 stated the affected property owners will be not�fied when this �tem comes back to the Council. P�r. Clark stated Mr. Berry of 6965 Nickory Circle was in the audience to discuss Hillcrest Avenue as it relates to his property. Mr Berry submitted a proposed sketch regarding his and Mr. Nichols' property He stated that he is proposing that the City attain an additional 20 feet from Mr, Nichols making a total of 50 feet then center the street within the 50'. This concept would add approximately 10" to the distance between Mr. Berry's house and the proposed curb -(17 feet to 27 feet). Mr. Ntchols felt thts proposal was possible, but indicated he would like to check into it further. FINAL PLANS APJD , MOTION by Councilman Fitzpatrick to table thts item to be considered in conjunction with the street improvement. Seconded by Councilman Hamerm k Upon a voice vote, all voting aye, P+layor Nee declared the motion carried unanimously. APPOINTP�IENT: CITY EMPLOYEE: MOTION by Councilman Hamerntk to concur with the appointment of 6arbara R�dout as General Accountant at �1,04� per month, effect�ve Fe6ruary 3, 1°78 Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGUALR MEETING OF MARCH 20, 1978 PAGE 7 APPOINTMENTS• VOLUP�TEER FIREFIGHTERS MOTION by Councilman Schneider to concur with the l�st of appointments of volunteer firefighters. Seconded by Councilman Barnette Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECEIVING RESIGNATION: CCPIMUNITY DE'JELOPMEP,T COP4P1ISSIOPJ: MOTION by Councilman SchneTder to receive the resignation of Hubert F. Lindblad from the Commum ty Development Commission. Seconded by Councilman Hamerm k Uoon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. LICENSES• MOTION by Councilman Hamernik to approve the licenses as suEmitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. ESTIMATES: MOTION 6y Councilman Schneider to approve the estimates as submitted. Eugene A. Hickock and Associates, Inc 545 Indian Mound Wayzata, MN 55391 Parttal Estimate �!8, Moore Lake Evaluation and Restaration Pro�ect Smith, Juster, Feikema, Chartered 1250 Builders Exchange Minneapolis, MN 55402 Legal Services Rendered As Prosecutor dur�ng February, 1978 Weaver, Talle & Herrick 6279 University Avenue Fridley, MN 55432 $1,383.70 a2,055.D0 Legal Services Rendered as City Attorney during February, 1978 9;2,400.OD Logan & Styrbick7 Court Reporters W-856 First National Bank St. Paul, MN 55101 For Deposition RE: A.J. Chromy Construction Co. v. C�ty of Fridley, et al $ 384.30 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CLAIMS: P40TTON by Councilman Hamernik to authorize payment of Claims No. 074A10 through 074896 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. 1� f�lr. Herrick, Cii:y Attorney, stated he agrees with the assessment of the article and pointed out severa] cases where latvs weren't enforced and cities held liable. , 1 ' � � , REGULAR MEETING OF MARCH 20, 1978 Mr. Herrtck stated he and the administration are starting another recodification of the ordinances and felt the first step would be to contact department heads and ask them to make suggestions on various ordinances they enforce as to any changes and whether the ordinance is still needed. PAGE 8 Councilman Hamernik potnted out, for example, the Maintenance Code which will take a lot of manpower to enforce. He questioned if, in some areas, enforcement couldn't be handled on a complaint basis. Mayor Nee felt there should be a review by the staff of the ordinances and report on which ones are not actively enforced. Mr Herrick felt recommendattons could be made as to whether or not the ordinances are enforced and needed. AD�OURNMENT: MOTION by Councilman Barnette to adjourn the meeting Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Frtdley City Council of March 20, 1978 ad�ourned at 10:50 P M Respectfully submitted, ���� ������, Carole Haddad Secy. to the C�ty Council Approved:_ � � � J �8 C.�%.���,�� ��-�� William J. Nee Mayor