07/24/1978 - 00014096a'75
THE P4INUTES OF THE REGULAR P4EETING OF THE FRIDLEY CITY COUNCIL OF JULY 24, 1978
The Regular Meeting of the Fridley City Counctl was called to order at 7•42 p.m.
by Mayor Nee.
PLEDGE OF ALLEGTANCE:
Mayor Nee led the Council and audience tn the Pledge of Allegiance to the
� Flag.
ROLL CALL.
MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman
Hamernik, Councilman Schneider and Councilman
Barne�te
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
REGULAR MEETING, JULY 10, 1978:
MOTION by Councilman Hamernik to approve the minutes of �uly 10, 1978 as
presented. Seconded by Councilman Schneider. Upon a vo�ce vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Barnette to adopt the agenda as presented. Seconded
by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously
OPEN FORUM, VISITORS:
� There was no response from the audience under this item of bustness.
OLD BUSINESS:
FOR SIGNS LOCATED AT
ITERMAN) (TABLEQ 6/5
Mr. Sobiech, Public Works Director, stated th�s is a request for variances
of the Sign Code regarding setbacks and square footage requirements.
Mr. Sobiech stated, since the original request, there has also been a re-
quest for a variance to the Country Club Market sign which the petitioner
has requested be delayed.
Mr. Elliott Saliterman and Mr. Lerberg appeared before the Council regarding
this request.
Mr. Sobiech stated what is being proposed is placement of the Plaza Villa
Restaurant sign directly below the sign advertising the shopping center.
He stated this would el�minate the need for the setback variance, but would
require a variance of the square footage requirement.
Mr. Sobiech stated the discuss�on that took place at the last meet�ng was
the fact that there were some other concerns the City had regarding signing
� for the entire shopping center. He stated the petitioner had commented
on an overall signing plan they were planning to implement at the shopp�ng
center, similar to another site they have rn St. An�hony.
Mr. Sobiech stated the plans were for the pet�tioner to construct a mansard
type sign that would be placed on the canopy and an appropriate type sign
placed in front of this to give consistency to an overall sign pa�tern.
He stated certain items discussed were removal of some signs and bringing
into compliance the pylon s�gn. fdr. Sobiech stated a proposed agreement,
as shown on Pages �I and J of the agenda 600k, outlines certain stipulations
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REGULAR MEETING OF JULY 24, 7978 PA.G� 2
the staff feels would be needed, if the variance request was approved. These
stipulat�ons were outlined as follows: (1) A proper sign plan for the shopp�ng
center which details sign height and sign materials and standards be sub-
mitted to the Administration prior to August 14, 1978; (2) The mansard roof
proposed to be added to the structure as part of the si9ning plan shall be
installed on the wester7y, southerly and easterly s�des of the bu�lding by
December 31, 1978; and (3) The pylon carrying the shopping center area
identificaCion sign shall be removed and replaced with a sign in compliance
with the sign ordinance by October 1, 1983
Councilman Schneider asked why the Plaza Villa sign wouid exceed 80 square
feet. Mr. Lerberg, of the Nordquist Sign Company and representing Plaza �
Villa Restaurant, stated it was felt the sign of 86 square feet was very
important to Plaza Villa Restaurant's business He stated what they are
doing is combining the signs and having only one pylon instead of two.
Councilman Schneider asked Mr. Elliott Saliterman if he would be willing
to enter into the agreement with the stipulations noted. Mr. Saliterman
stated his father, Max Saliterman, had a conversat�on with Mr. Sobiech
this afternoon and his father had stated to him that he should not sign
anything.
Mr. Sal�terman siated the Shorewood sign is in compliance with the sign ordi-
nance that was �n effect at the time the sign was installed, and he is not
authorized to say they would take it down in five years. He pointed out
other areas in the City where there are large signs and wanted to know when
the other businesses would be reducing their signs.
Councilman Schneider stated these matters would be addressed a� the t�me
when the businesses came in requesting additional variances for other signs,
and �t is hoped that within a reasonable period of time, the signs would
comply with the ord�nance.
Mr. Sobiech stated he i°eceived a call from the petitzoner asking that the
variance request for the Country Club Market sign be delayed as the Salitermans
ind�cated th�s request and the Country Club request were two separate
items. Nir. Sabiech stated, tn his opinion, they are not separate ltems '
as they are on the same site.
Mayor Nee questioned what variances they were petitioning for this evening.
Mr. Sobiech stated, by bring�ng in a revised sign request, they have elim-
inated the need for a setback variance; however, the existing sign is in
excess of the square footage requirement and a variance would be needed.
Mr. Herrick, City Attorney, explained when someone comes in and requests
a var�ance to have a sign larger than the ordinance allows, the Counc�l
has to determine that there �s some unique situation with the property to
just�fy the var�ance. He feli, if the Council was going to grant variances
on the grounds that petitioners just want a larger s�gn, then they should
consider changin9 the ordinance to allow larger signs in the first place.
Mr. Herrick pointed out, in this case, the Council is dealing with an
exist�ng s9tuation.
Councilman Schneider stated he agreed the restaurant would need some signing,
however, he �s try�ng to get some commitment from Mr Sal9terman on the
non-conforming sign. Councilman Schneider stated he would suggest a proposed
agreement which would eliminate the need for the setback; requtre a proper
s�gn plan for the shopping center to be submitted by August 14, 1978; in-
stallation of the mansard roof signing plan on the westerly, southerly and
easter7y sides of the building by December 31, 1978; removal of the old �
pylons on the north end; and leaving the Shorewood sign �tself out oF the
stipulations, with the understanding that any expenses for enforcement of
this agreement, the owner would agree to havtng these expenses borne by
them or assessed against the property.
Mr. Elltott Saliterman stated, personally, he doesn't think this sounds
unreasonabTe, but they would have to submit �t to his faiher to see if
he would agree to it.
MOTION by Councilman Schneider to grant the variance to ailow the Plaza
V�lla Restaurant sign, with the stipulation that the owner, Mr. Max Saliterman,
enter into the agreement, as noted on Pages lI and J of the agenda book,
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REGULAR MEETING OF �ULY 24, 1978 PAGE 3
with the fo7lowing changes: {1) Eltminate the followinq words• "Section
214.D46, B, 4 and 5, to reduce the minimum setback of a sign from the
property line from the required 10 feet to 0 feet"; (2) In the 5th paragraph,
eliminate the words "a second free standing" and substitute the words,
"additional signage"; (3) To remove Item No 3 and re lace with a new
Item 3 which reads as follows: "The existing pylon posts on the northwest
corner of the property shall 6e removed by the time the new signage �s installed"
(4) Item 4 to be added which reads as follows "The exist�ng pylon posts on the
southwest corner of Rice Creek Road and Central Aveniae shall be removed by the
ttme the new signage �s installed"; (5� Items 5 to be added wh�ch reads as
follows: "Any expenses associated with the enforcement of this agreement
including, but not limited to, legal costs, court fees, administrative costs,
inspection costs and design costs, shall be pa�d by the owne�°, h�s successors
and assigns or shall be assessed against said property". Seconded by Councilman
Barnette. llpon a voice vote, all voting aye, Ntayor Nee declared the motion
carrted unan�mously.
ORDINANCE NO 683 ESTABLISHING NEW CHAPTER 3 DF THE FRIDLEY CITY CODE ENTITIFf]
�'�OTION by Councilman Schneider to wa�ve the second reading or Ordinance No. 683
and adopt it on the second reading and publish, with the amendment �n Section
3.03, line 2, strike the word "his". Seconded by Councilman Hamernik
Counci7man Barnette questioned the policy regarding holidays that were not
covered under this ordinance, and referred to religious holidays
Mr Qureshi, City Manager, stated the holidays in the ordinance are the ones
author�zed by the State statute and the City would abide 6y these. He stated;
however, he has not had a request for other religious holidays by any employee,
but if such a siivation did arise, he would consider trying to accommodate
the request w�thout impairing the functions of the City.
Councilman Schneider stated he also spoke with Mr Qureshi regarding this
subject end; although he doesn't haee any language to insert �n the ordinance
to cover this situation, he did share Councilman Barnette's concern.
Mr. Qureshi fe7t this could be handled on an adm�m strative bas�s.
UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared
the mot�on carried unanimously.
DISCUSSION REGARDING AMEN�N]ENT OF AGREEMENT WITH THE
REGARDING THE $75D,OD0 STATE GRANT FOR ISLANDS OF PE
Mr. Qureshi, City Manager, stated the last direction from the Council was
to request the State Plann�ng Agency to amend the agreement the City has
with them regarding the operation and maintenance of the property and
facilities funded by this grant for the Islands of Peace. He stated if the
City is unwilling or una6le to do the maintenance and operation, the State
can provide this service and charge the City. Since the City has not been
successful in getting this agreement amended, Mr. Quresh� felt it should
be brought back to the Council.
Mayor Nee stated, as he sees it, it is paragraphs 5 and 6, under General
Provisions, that are the concern. He stated his concern is whether or not
they could anticipate a limited or broad interpretatton of the word "main-
tenance"
Mr. Herrick, City Attorney, stated, as discussed with the City Manager, he
felt one of the keys to the answer is what the City told the State Legislature
� they were going to do, when the legislation was in9tiated for the grant.
He questioned �f the City made any comm�tments, particularly in writ}ng,
as to what programs were to be carried on.
Councilman Schneider stated he talked with Representative Simoneau regarding
this item and he would like some official correspondence from the City as
this was the f�rst he had heard of the City's problems with this agreement.
Mr. Herrick stated he is looking at the State trying to enforce a contract,
however, in order to do this, the terms have to be established and this has
never really been spelled out. He stated the question of what is adequate
operation and maintenance is difficult and felt the burden would be on the
State to prove if the facility was being operated and mainta�ned adequately
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REGULAR MEETING OF ,]ULY 24, 197& PAGE 4
Mayor Nee stated, if the City is limited to maintenance, he d�dn't see any
problem, but if they are obli�ated to program, that �s another matter
Councilman Barnette stated they have the money from the arant and felt it should
be released to the Islands of Peace so they can proceed. He stated he personally
doesn't feel uncomfortable with this a4reement.
Coancilman Hamer m k stated htis main concern goes back to the discussion in P1ay
or June of last year when they reviewed, with the Islands of Peace, the steps
necessary to implement this program, He stated the Islands of Peace Foundation
was to come up with steps to operete and maintain this facility.
Councilman Hamernik stated he feels the City is under some obligation when ,
the agreement says operated and maintained by the local unit of government.
He stated he has no objections about going ahead with the proje�t, if the
Islands of Peace can provide the maintenance and operation.
Mr. Alex Barna, Vice President of the Islands of Peace Foundation, stated,
as far as he knows, there was a work plan. He stated the Foundation is
planning to go to Anoka County to ask them to supply manpower to maintain
the fisland itself. He stated they intend to ask the County Commissioners,
at their next meetin9, for support in operation and maintenance and intend
to go to other counties in the metropolitan area asking for their support.
He stated Represeniative Oberstar has also been contacted regarding the
poss�bility of additional funds fcr operation and maintenance.
Mr. Ed Wilmes stated the Foun�lation is getting help in their own way. He
asked they be given the opportum ty to 90 to Anoka Couniy and other agencies
to request assistance to keep the project going.
Councilman Hamernik stated he is not denying them any opportunities, but
all he �s saying is that he has a responsibility to watch the City's
posit�on in the expenditure of tax dollars. He felt it would be good planning
to know how the Foundation is going to operate and mainta�n a building before
�t is built.
Councilman Schneider stated he would concur with �ouncilman Barnette's comments '
as he felt this has been a very complex matter which has been tossed back and
forth. Councilman Schn ider st ted, howeyer, he shdred Councilr�an Hamerm k's
concern that there shau(d he a�etatied plan. He stated he would suggest they
p oc��d and to make sure Re esgntative Simoneau is notif�ed regarding the changes
t�ie ity is attempting to m�a�e in the agreement.
Counc�7man Fitzpatrick stated �t has been demonstrated that it is the intent
of the City that the Islands of Peace Foundation supply the maintenance
and programming, and it seems this would satisfy that particular clause in
the agreement with the State.
Mr. F;errick, in referring to Page 3, of the State Natural Resources Fund
Project Agreement Project Termination, Item E-1, questioned if there was
any explanation as to what the project is as he didn't see any deta�led
description on what the City has agreed to do. He questioned if there has
been some other pro�ect form submitted where the City has obligated itself
to specific items.
Mr. Qureshi, City Manager, stated, to his knowledge, there are no written
communications sent by the City other than what they have on the f�rst page
regard�ng the scope of the project.
Referrin9 to Page 4, of the agreement, Use of Facilities, Mr. Herrick stated
there is some general d�scussion on the use and operation and under Item
2, reference is made to the project proposal attached. Since nothing is
attached, he is assuming there is no pro�ect proposal, and what the State �
is say�ng is the City can't change the use without consent of the State.
Item 3 referred to guidelines and he questioned what guidelines. Under
Item 4, Nlr. Herrick stated he didn't see anything in this section which
requ�res the fac�lity to be open certain times and hours.
Mayor Nee stated the agreement has a7ready been executed and on file w�th
the State Planning Agency. The question from the administrat�on is whether
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REGULAR MEETING OF JULY 24, 1978
PAGE 5
or not the Council wanis to reconsider the execution of the agreement in
light of the conditions in Paragraph 6 of the General Provisions.
Mr. 4ureshi fe7t there were two questions. Ifi the Foundation merely has
a building there is a m�nimal cost just to make sure �t is heated and lighted.
If funds for this are not provided by any other agency, it would fall on
the City. The other questton would be the level of programming expected
by the State. He feli the position the City would take �s that they would
provtde a minimal iype of programming, such as perhaps a shelter available
on a request bas�s, depending on the City's resources.
MOTION by Councilman Barnette that the City release the $150,000 grant mon�es
for use by the Islands of Peace Foundation, with these monies being used
under the terms of the agreement between the City and the Foundation, and
further, to authorize the City Administration to enter into a contract with
Foster Dunwiddie for the planning and supervision of the proposed building.
Seconded by Councilman Fitzpatrick.
Mr. Herrick stated he had a d�scussion with members of the City staff, the
architect and representatives of the Islands of Peace Foundation about how
the funds from the grant could be released and under what circumstances. He
pointed out ihese are pu6lic funds under admim stration by the City and must
be administered in accordance with the State statutes.
llPON A VDICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared
the motion carried unanimously.
Councilman Hamernik stated he voted in favor of the r�otion somewhat against
his better ,7udgement, since the Foundation does not have a final plan. He
felt it would simplify matters considerably if the Foundat�on would fulfill
their planning obligat�ons.
Nlr. Alex Barna stated they would have to get the architect's plan now and
work that in with the types of programs they want for the Islands of Peace.
He siated ihey have a plan and know what they want to do, but have to have
the building first.
NEW BllSINESS:
OF FINAL PLAT, P.S. #78-04, EAST RANCH ESTATES 4TH
91D llNIVERSITY AVENUE N.E. GO�FATHER PIZZA :
MOTION by Councilman Hamernik to approve final plat, P.S. #r78-04, East Ranch
Estates 4th Addition. Seconded by Councilman Fitzpatrick.
Mayor Nee questioned whai consi�tutes this as a plat when you only have
one lot.
Mr. Sobiech stated it is being separated from a larger piece of property.
Mayor Nee stated he felt one plat should cover this insiead of one lot
plats.
Mr. Sobtech, Pu61ic Works Director, stated it would be desirable to have
that whole section between 79th and 81st platted into lots and blocks, but
uniil they get a request from the owners to do this, he doesn't think the
City can force p7atting.
Mr Herrick stated the impetus for this plat came from the City. He stated
he is not sure it was wise to require it be platted, as it might have been
better to wait to have this included as a lot in a larger plat.
Mr. Qureshi, City Manager, stated another reason for the plat was the lengthy
description of the property. If they had a s�mple metes and bounds descript�on,
it could have been done by a 7ot split.
UPON A UOICE �OTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared
the motion carried unanimously.
CONSIDERATION OF A PROPOSAL FOR A COLLECTION CENTER FOR RECYCLA6LES.
Ms. Connie Metcalf appeared before the Council re9arding a proposal for a
collection center for recyclables. She stated, in order to begin opera-
tion of such a center, ihe Pro,7ect Committee proposed the C�ty donate land
approximately 60 X 20 feet for the recycl�ng center. She stated truck tops
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REGULAR MEETING OF �ULY 24, 1978 PAGE 6
would be used for collecting newspapers and bins used for metal and aluminum
and glass bottles and �ars She stated, in addition to the land, signs would
be needed and money to promote the recycling center.
Ms Metcalf stated it was felt this center would be best operated under the
City government so that all City organizations can be contacted and they
would fee7 it is a community effort and noi the effort be a few private
individua7s.
Ms. Metcalf stated she has contacted Dick's Recycl m g and he would be willing
to put up a truck box and bins to collect the recyclable materials and then
haul them. She stated he would then pay the persons who manned the recycling '
center. She stated �t depends on how it is set up, if the money would be
paid to the City and then disbursed to the organizations who manned the
center.
Councilman Schneider po�nted out �n Ms. Metcalf's letter, it mentioned the
hiring of an attendant shouid volunteers not be avaiiabie He questioned
how this would 6e handled.
Ms. Metcalf stated the Board of Commission established to administer the
operation of the recycling center would handle this matter.
Councilman Barnette asked if this was 6eing done in other c�ties and, if so,
was it successfu7.
Ms Metcalf stated the recyc7ing center in Edina has been very successful.
She stated they have a commission who operates the center and outlined their
hours of operation. She stated the persons manning the center do the sorting
of the materials people bring to the center. She stated most of the prob7ems
in these centers come from people mis-sorting. She also stated there is a
center in St. Anthony which is not manned and although the appearance isn't
too bad, it could be much neater.
Mr. Qureshi, City Manager, felt the City would want to encourage this on a
volunteer basis. However, if it is a City operation or privately administered, '
the iines of respansibiiiiy should be clearly defined.
MOTION by Councilman Fitzpatrick to direct the Administration to draft a
plan that would incorporate the points discussed such as land use, signing,
etc. so it can be proposed to the board or commission or type of organization
that would be operating the recycling center. Seconded by Councilman Schneider.
Mr. Herrick, City Attorney, stated he would prefer that the center be operated
by a non-profit corporation and thelr liability would be limited to the assets
of the corporation, as 7on9 as the City had protect�on to cover any c7a�m
brought by the operation on City property.
UPON A VOICE VOTE TAKEN ON THE MOTIOPJ, all voted aye, and Playor Nee declared
the motion carried unanimously.
CONSIDERATION OF A MEMORANDUM OF AGREEMENT WITH MINNESOTA CRIME PREVENTION
Mr. James Hill, Public Safety Director, appeared before the Council regard�ng
this appiication of agreement between the �innesota Crime Prevention Center
and the City of Fridley. He explained this is an application for the Minnesota
Crime Prevantion Center to work with the City to develop and implement a
compi°ehensive, coordinated crime prevention program for Fridley.
Mr. Hill stated Fridley hasn't been selected for this program, but is a likely ,
candidate a]ong w�th St. Paul and Rochester. He stated three cities in
Minnesota w�ll be selected for comprehensive crime pre�ention programming
by the MCPC.
Mr Hi71 stated, in the budget area, there would be no exchange of "cash"
from either side; however, that is not necessarily consistent w�th the other
two cities that would be selected. He stated Fridley's proposal has heen
REGULAR MEETIN6 OF JULY 24, 1978
written to avoid this.
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Mr. Hill stated he felt the City could match the requirement of the State with
"tn-house" personnel who are, in essence, already working on this type of pro,7ect
MOTION by Councilman Hamernik to approve the memorandum of agreement with
the Nlinnesota Crime Prevention Center and authorize the Mayor and City
Manager to subm�t the application. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, �layor Nee dec7ared the motion carried unani-
mously.
� RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 12, 1978:
1. G. W. PASCHKE, ZOA #78-06, M-2 TO M-1, S.E. CORNER OF MAIN AND 77TH STREET�
MOTION by Councilman Namernik to set the public hearin9 for Septem6er 18,
1978. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
2. WARREN MARMORINE, SAV #78-03, 7671 CENTRAL AVENUE N E:
MOTION by Councilman Barnette to set the public hearing for September 18,
7978. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting
aye, Mayor Nee declared the motion carr�ed unanimously.
3. CARL PAGE; L.S. #78-03; 1085 GARDENA AVENUE N.E
Mr. So6iech, Public Works �irector, stated this is a request to split a
parcel of property located on the northeast quadrant of Gardena and Central
Avenues. He stated the petiiioner desires to provide an additional building
site.
The Planning Commission did recommend approval with the stipulations that
appropriate drainage and utility easements be provided.
� Mr. Sobiech stated he wished to caution the petit�oner that, with develop-
ment of the property, concern must be taken regarding the drainage. He
stated, in future development, there must be no �mpact on other propert�es
with drainage from this parcel
Mr Qureshi, City 1�anager, stated building on this proposed parcel would
have the greatest impact on Mr. Page's property, therefore, the petttioner
should be aware of the potentia7 for drainage problems.
MOTION by Councilman Schneider to approve Lot Split #78-03 as filed by
Carl Page, with the stipulation of the five foot utility and drainage
easements along the common property line between the two properties as well
as five feet around all the property lines within this lot split. Further,
that the petitioner is aware of the potential for drainage problems.
Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
Mr. Quresh�, City Manager, suggested to Mr. and Mrs. Page there might be
the potential of an additional assessment on this property and advised
them to call the Finance Department before they sell the property.
4. APPEALS COMMISSION MEETING OF JUNE 27, 1978.
A. �UDY'S RESTAURANT, 7890 UNIIfERSITY AVENUE N.E :
� Mr. Sobiech, Public Works Director, stated this is a request by �udy's
Restaurant on 79th and University to permit them to install a reader 6oard
He stated the Appeals Commission heard the matter and recommended denial
of the request.
Mr. Jerry Paschke, representing �udy's Restaurant, appeared 6efore the
Council regarding this request. Mr. Paschke stated, at the time the
restaurant was constructed, a 90 foot sign was installed which was under
the square footage they were allowed. Since that time, however, the
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REGULAR MEETING OF �ULY 24, 1478 PAGE 8
ordinance has changed and they are now in excess of the ordinance. He
didn't feel, however, the addition of a reader board would affect the area
in any way, although he didn't know how to quite justify a sign as a hard-
ship.
Mr. Herrick, City Attorney, reiterated h�s comments made earlier regarding
the reasons for variances.
MOTION 6y Counc�lman Hamernik to concur with the recorrnnendation of the
Appeals Commission and deny the request for expansion of the sign for
�udy's Restaurant as there �s no demonstrated hardship. Seconded by '
Councilman Schneider. Upon a voice vote, all voting aye, I�ayor Nee de-
clared the motion carried unanimously.
B. COUNTRY CLUB MARKET, 6225 TH 65 N.E.:
Mr. Sobiech> Public Works Director, stated the petitioner has requested
this �tem be tabled.
MOTION by Councilman Schneider to table this variance request until the
petitioner �s ready to submit. Seconded hy Councilman Barnette. Upon a
voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the Planning
Commission Meeting of July 12, 1978. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RECESS:
Recess was called at 1D:20 p.m. by Mayor Nee.
RECON�ENED
The meeting was reconvened at 10�30 p.m. by Mayor Nee. All Council members �
were present.
CONSIDERATION OF APPROIIAL FOR SUBMITTING PRELIMINARY APPLICATION FOR LAWCON
Mayor Nee stated there are two LAWCON grant applications for the Council's
consideration, one being Acquisition of Sears Property and the other being,
Visitor's Center Building for Springbrook Nature Center.
Mr Sobiech, Public Works Director, explained these are preliminary grant
applications for LAWCON grant funding. He explained, submission of these
applications, does not commit the City other than to see if the City is
eligib7e for funding.
GRANT APPLICATION - ACQUISITION OF SEARS PROPERTY:
Mr. Boardman, C�ty Planner, stated, as far as acqu�sition of the Sears
property, last year ihe figure was about $8D0,000 and since that time,
in talking with Sears representatives, they would have to get $1.2 million
for the property. Mr Boardman stated the City is looking at this acquisi-
tion in a three stage proposal He stated Anoka County has been approached
regarding the south section of this property and this property is beinq
placed in the County's acquisition plan for regional trails and park
usage. Mr. Boardman explained the first sta9e in acquisition would be '
the north section which would contain the high activities recreation area.
The second stage would be the recreation center and the third stage would
be picnic and non-act�ve recreation facilities.
Councilman Barnette asked if the Sears people have had any inquiries
regard�ng sale of this area for industrial purposes.
Mr. Boardman stated they have had inquiries, 6ut noth�ng that was sub-
stant�al.
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REGULAR MEETING OF JULY 24, 197& pq�� 9
Councilman Barnette stated, if the land is used for recreation, it would
be taking it off the tax 6ase.
Mayor Nee asked if any studies have been done on alternative proposals for
use of the land.
Mr. Boardman felt the Ciiy should look into how they eventually would want
the property to develop. He stated, if it goes as residenttal or commercial,
the City wou7d probably get more taxes. He stated he didn't know how Sears
would look at rezoning of the property. Ne stated, with the demand for
� residential, this property is more in 11ne for development as residential.
He pointed out, however, Council should be concerned about what their
need is as far as recreation facilities. He stated, if the City doesn't
purchase this properiy, the need is sttll there for a high type use recrea-
tion area that is fairly centrally located in the community.
Dr. Boudreau, Director of Parks and Recreat�on, stated they are not only
looking at a play field area, but a complete complex He stated this all
ties in with the bikeway/walkway system and the County's plans.
Mr Boardman stated Sears wants to sel7 the property as a whole package.
Mayor Nee asked how the City could make a commttment on the entire parcel.
Mr. Boardman stated, before a commitment is made, the Council would want
to know about the possibility of trading the County's share of acquisition
plus additional monetary value for Locke Park. Also what the Metropolitan
Council commitment is to the County's plan for a regional trail system
and know what the C�ty's position is as far as the LAWCDN grant.
Mr. Boardman expla�ned the City is classified as a fully developed community
and can, therefore, submit as many applications for grants as they want.
He stated the application limits last year were one appl�cation per community.
� Mayor Nee stated, if this grant were approved, it would be approved for
acquisition of Stage 1, yet, Sears won't sell the property unless it is
sold as an ent�re package.
Mr, Boardman stated, at that point in time, if approval is given for Stage
1, the City would have to pui together a package deal and approach Sears
as to what the City wants to do and what the County wants and determine
the financing. If this can't be put together, then the City wouldn't
proceed.
Councilman Hamernik stated he has had feedback from the public regarding
concerns of taking this much property off the tax rolls. He felt it was
some prime industrial property served by the main traffic artery. He
stated he didn't deny the faci that the City could use additional recrea-
tional faciliiies, but has a problem justifying it to this extent.
Mayor Nee stated, in the event the grant application was approved, he
felt the Council would want an economic study of the �mpact, but felt
this could be postponed until ihey find out if the City will receive the
grant.
Mr. Boardman stated he could see no use �n going into such a study unless
the City knew �f the grant application was approved.
Councilman Hamernik asked about the time lim�t for implementation, once
' an appltcation was approved.
Mr. Boardman stated, after the grant application is approved, the City has
two years to proceed.
Councilman Hamernik questioned the astronomical figures in Exhibit 12 of
the grani application program.
Mr. Boardman stated, at this point in time, this �s str�ctly a staff working
document wh�ch shows what the City is look�ng at as an expenditure aver
a period of time. He stated, when this document ts sent, the Council �s
not approving those figures.
0
REGl1LAR MEETING OF JULY 24, 1978 PAGE 10
Councilman Barnette stated he didn't have any reluctance to submitting the
application for the grant, but felt a decision will have to be made, if
the grant is approved, to answer ihe question whether or not the City
should take ihis property off the tax rolls.
Mr. Boardman stated the C�ty's preliminary app7ications are, in fact, the
final application. If Fr�dley would rank, this automatically becomes a
final application. He stated there is about $80D,000 of grant money ava�l-
ab7e in the fully developed area and generally LAWCON receives 12 to 73
applications for these funds.
Councilman Schneider felt there was no risk, at this point, in submitt�ng '
the application, but it would be a tough decision to make, 7f the appli-
cation is approved.
MOTION by Councilinan Hamernik to proceed with submission of the grant
application for the three stage acquisition proposal for the Sears property,
with the understandin9 that this will be thoroughly evaluated, if the
grant is approved 6y LAWCON Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee dec7ared the motion carr�ed unanimous]y.
GRANT APPLICATION - VISITOR'S CENTER BUILDIPJG FOR SPRINGBROOK NATURE CENTER.
Mr. Boardman, City Planner, stated this application to LAWCON is for a grant
for construction of a 4,600 square foot visitor's center building for the
Springbrook Nature Center. He staied the cost would be about $250,000
and the Springbrook Foundation would provide a match of funds. Mr. Boardman
stated the Springbrook Foundation requested the City submit this applicat�on
for the Grant.
Mr Herrick, City Attorney, asked Mr. Boardman if, from past experiences,
he knew wh�ch grani application would rank higher. P�Ir. Boardman stated
he felt the Sears property would rank higher based on the type of need
and demand usage for ±he community as a whole. He stated the State P7anning
Agency has been very reluctant to fund buildings.
Councilman Hamernik stated in Exhib�t 11, of the grant application program, ,
he was a litt7e surprised at the activities the City indicates they are
performing with the Springbrook Foundat�on. He stated he was not aware
of the ,7oint efforts in soine of the areas.
Mr. Boardman stated this is the City's total recreation program. He
stated, one of the statements you need in support of this document, is
what is the potential for programming and showing that the City is oper-
ating a certain number of programs.
MOTION by Councilman Schneider to approve the submission of the grant
application for the Springbrook Foundation. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the
motion carried unanimously.
RESOLUTION N0. 66-1978 APPROUING FIPJAL PLANS AND ADDING PROPOSED IMPROVE-
MENT OF STREETS ONTO THE EXISTIPJG STREET IMPROVET�ENT PRO�ECT ST. 1978-1,
A��ENDUM #2, AND PORTION OF #r3 (CHANGE ORbER #3):
MOTION by Councilman Hamernik to adopt Resolution No. 6�-1978. Seconded
by Councilman Schneider. Upon a voice vote, aTl voting aye, Mayor Nee
declared the motion carr7ed unanimously.
RESOLUTION NO 67-1978 APPROVING A COST SHARING AGREEMENT BETWEEN THE CITY ,
OF FRIDLEY AND THE COUNTY OF ANOKA FOR IMPROVEMENTS AT THE INTERSECTIONS
OF TH 47 AND CSAH �r6 h1IS5ISSIPPI STREET AND CSAH #8 OSBORNE ROAD
/ornrrr lnennnvrnernrr nnn�rr-r rr �n-ic n\
MOTION by Councilman Hamernik to adopt Reso7ution No. 67-1978. Seconded
6y Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
RESDLUTION N0. 68-1978 DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT
BONDS IN ACCORDANCE WITH THE LAWS OF 1957, CHAPTER 385:
MOTION by Counciiman Barnette to adopt Resolution No. 68-1978. Seconded by Council-
man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
RESOLl1TI0N N0. 69-1978 DIRECTING THE SALE RND PURCHASE OF TEMPORARY IMPRdVE-
MENT BONDS IfJ ACCORDANCE WITH LAWS OF 1957 CHAPTER �85•
I � ��
REGULAR I�EETING DF JULY 24, 197$ PA�E ly
MOTION by Councilman Schneider to adopt Resolution No. 69-1978. Seconded
by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously
ION N0. 70-1978 AUTHORIZING AND �IRECTING THE SPLITTING OF SPECIAL
MOTION by Councilman Hamernik to adopt Resolution No. 70-1978 Seconded
by Councilman Fitzpatrick.
� Mr Brunsell, City Clerk, stated the ent�re area was originally one parcel
and parcel 4000 was split off as it was over 2z acres and did not require
Council approval. Parcel 3650, however, is less than 22 acres, but the
County has split this and recorded it. He stated the assessments for all
of these three properties will be on Parcel 3600 so there will be no
specials on 4000 and 3650.
Mayor Nee felt the City is relinquishing any participation �n the platting
process in that area.
Mr. Sobiech, Public Works �irector, stated, the City has an agreement
w�th the House of Lords that they can't get any more building permits.
He stated, at this time, the area to the west of Godfather Pizza could
be developed without a plat.
Mr. Qureshi, City Manager, stated property can be split, without Council
approval, as long as it is more than 2z acres
Mr. Herrick, City Attorney, felt the City should inquire as to how the
deed was recorded on Parcel 365D. Mr. Brunsell, City Clerk, indicated
he would investigate this to see when it was recorded.
UPON A VOICE VOTE TAKEN ON THE N]OTION, all voted aye, and Mayor Nee de-
clared the motion carried unanimously.
, CLAIMS:
MOTION by Councilman Hamernik to authorize payment of Claims No 295A04
through 201938. Seconded 6y Councllman Fitzpatrick. Upon a volce vote,
all voting aye, hlayor Nee declared the motion carried unanimous1y.
LICENSES:
MOTION by Councilman Fitzpatrick to approve the licenses as submitted and
as on file in the license Clerk's Office. Seconded by Councilman Schneider.
Councilman Barnette questioned the vendor's l�cense and stated, many
years ago, they weren't permitted to come into the City.
Mr. Herrick, City Attorney, stated if they are approved by the State, they
can't be prohibited from coming into the City. He explained the City's
control is very limiied and tt seems, at one stage, ihe court said the
City couldn't even restrict the hours of operation
Mayor Nee questioned if they could be charged a fee for using City property
for this purpose.
Mr. Qureshi, City Manager, indicated staff would check into this item.
� UPON A VOICE UOTE 7AKEN ON THE MOTION, all voted aye, and Mayor Nee declared
the motion carried unanimously_
RECEIVING COMMUNICATION AND CONSIDERATION OF THE REOUEST FROM THE JAYCEE'S
MOTI�N by Councilman Hamernik to receive the communication from the
Jaycee's dated �uly 21, 1978. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unani-
mously
MQTIQN by Councilman Hamernik to approve the licenses requested by the
Jaycee's for liquor and food and waive the fees. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motton carried una m mously.
�_ y J
REGULAR MEETING OF JULY 24, 1978
ESTIMATES:
PAGE 12
MOTION by Councilman Fitzpatr�ck to approve the estimated as submitted
below
County of Anoka
Department of H�ghways
Court House
Anoka, Minnesota 55303
FINAL Payment for Fridley's Share of Mississ�ippi $ 35,373.25
Street Underpass Project ST. 1976-4 as per Agreement
Between City of Fr�dley and County of Anoka Dated
�ecem6er 24, 1974
Weaver, Talle & Herrick
6279 University Avenue N.E.
Fridley, MN 55432
For legal services rendered dur�ng June, 1978
Smith, �uster, feikema, Chartered
1250 Builders Exchange Building
Minneapolis, MN 55402
For legal services rendered as Prosecutor
during June, 1978
$ 1,605.85
$ 1,880.D0
Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
ADJOURNMENT:
MOTION by Councilman Hamernik to adjourn the meetin9. Seconded by Council-
man Barneite. Upon a vo7ce vote, all voting aye, Mayor Nee declared the
motion carried unanimously and the Regu7ar Meeting of the Fridley Ciiy
Council of July 24, 1978 ad,7ourned at 11:35 p.m.
Respectfully subm�tted,
�
i �
�--GL� z �_ ��,¢,�
Carole Haddad
Secy. to the C1ty Council
Approved: August 21, 1978
�,��td�'�-� d '_p�
William J. Nee�
Mayor
,
,
1