Loading...
10/02/1978 - 00014021� � l, THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF OCTOBER 2, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:38 p m. by Mayor Nee. PLE�GE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT• Councilman Fitzpatrick, Councilman Hamernik Mayor Nee, Councilman Schne�der and Councilman Barnette MEMBERS ABSENT• None APPROUAL OF MINUTES: PUBLIC HEARING MEETING, SEPTEMBER 18, 1978: MOTION 6y Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A�OPTIDN OF AGENQA: Mayor Nee stated the City staff has requested that two items be added: (1) Consideration of a Resolution Certifying Charges to the County Auditor for Clean-up of Springbrook Park Addition and; (2) Consideration of a Lease Agreement with the Non-Profit Organization, SORT. MOTION by Councilman Fitzpatrick to adapt the agenda with the above two amendments. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion unantmously. OPEN FORUM, VISITORS. ISLANDS OF PEACE: Mr. Ed Wilmes, 6350 Riverview Terrace, extended an tnvttation for everyone to attend the caremony to be held at the buildin9 site on the Islands of Peace on October 14, 1978 at 10 a.m, He felt with the start of construction of the recept�on center building, this would insure the reality of the dreams of the Islands of Peace. OLD BUSINESS: FOR ZONING ORDINANCE AMEN�MENT ZOA 't,'78-06, BY G. W. PASCHKE MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 685 and adopt it on the second reading and publish Seconded by Councilman F�tzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. ORDINANCE N0. 686 FOR STREET AND ALLEY VACATION REOUEST SAV �78-03. BY MOTION by Councilman Schneider to waive the second reading of Ordinance No. 686 and adopt it on the second reading and publish. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO 687 ESTABLISHING A NEW CHAPTER 503 (ROA� WEIGHT RESTRICT � , � �I � :� .� ,l REGULAR MEETING OF OCTOBER 2, 1978 PAGE 2 MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 687 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 688 ADOPTING THE BU�GET FOR THE FISCAL YEAR 1979: MOTION by Councilman Hamernik to wa�ve the second readtng of Ordinance No. 688 and adopt it on the second reading and publ�sh. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REAPPROVAL OF MUNN'S HILLCREST ADDITIDN e Mr. Sobiech, Public Works Director, stated this item was tabled from the last Counctl meeting in order to allow staff time to discuss thts plat and dra�nage with the Burltngton Northern Railroad. Mr. Sobiech stated, 1n contacts with Burlington Northern, the City Attorney has received a negative response regarding use of the drainage ditch Mr. Sobiech felt this would leave open only the alternative suggested by Burlington Northern which would involve construction of a pipe Mr. So6iech stated, in meeting with the developer, staff has come to the concluston the City could allow development on the ex�sting fi ve platted lots with some stipulations to those building permits. He felt the City would have to insist on a dra�nage plan that would insure that the water coming from the North onto these lots would be maintained and handled on those lots, that Hillcrest Avenue be improved from the North edge of Lot 5 through to Hickory Drive; and provisions made for handling the drainage resulting from the construction of Hillcrest Avenue. Mr. Sobiech stated, at the present time, there is an outstanding resolution whtch ordered the improvement of Hillcrest Avenue and Blair Way and this � could be modified for the improvement of Hillcrest only. He stated, with the improvement, there would be pending assessments on the lots. He felt afftdavits should be filed so that the persons purchasing these lots are aware that the rear yards of the properties are holding ponds for drainage purposes. Mr. Quresh�, City Manager, felt easements should be obtained on these lots for drainage and ponding; a plan should be submitted to take care of all the drainage from the North plus the five lots they would be building on; and an access and drainage easement be provided on the southerly portion of Lot 9. He felt, if these conditions are met, the developer could proceed and the Council authorize the issuance of the building permits on the five lots Mr. Qureshi felt this certainly was not the best approach regarding the drainage for the area and would not solve the problem on the properties to the south of this development. He felt it would be better for the developer to escrow �2,000 per lot in order to develop all 9 lots of previous proposed plat and an �mprovement made for the drainage� Mr. Libra, Attorney representing the petitioners, stated the items discussed by Mr. Sobiech regarding drainage, ponding and street construction were sat�sfactory with the petltioner, but questloned an access easement on Lot 9. He felt if this was required, there would 6e a problem in locating a house on this lot. � Mr. Qureshi explained this would involve only about a 17 foot easement for both access and drainage and felt, therefore, it wouldn't infringe on the building szte for this lot. Mr. Libra stated, lf this was the case, there would be no objection to the easement. Mr. Libra requested actton by the Council so bu�ld�ng could proceed on the five lots. He stated he appreciated the Council's r�r,stderatton and work the staff and City Attorney has done in this matter and regretted they couldn't obtain approval from Burlington Northern. r, REGULAR MEETING OF OCTOBER 2, 1978 PAGE 3 Mayor Nee stated he was grateful to the petitioners for working so well with the City in trytng to reach a better solution. MOTION by Councilman Fitzpatrick to direct the administration to issue building permits on the present five platted lots contingent on the developer submitting a plan that would provide for drainage on these lots and pondina on the back of each lot; provide for drainage from property to the North and property whose drainage would be cut off by development of Hillcrest Avenue; provtde a drainage pend�nq easement on the back of each lot; and to provide a 12 foot access and drainage easement on the southerly side of Lot 9. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Playor Nee declared the motion carr�ed unanimously. CONSIDERATION OF ADDING ONTO LIQUOR STORE AT HOLLY CENTER (TABLED 9/25/78)• Mr. Brunsell, Finance Director, stated some additional information has been submitted to the Counc�l primarily covertng the relationship of sales to square footage of some of the neighboring municipal liquor stores. P1r. Brunsell felt there wasn't any real pattern to the figures presented, except there is an indication that you have to have a certain size store and certain volume of sales in order to made a profit. Mr. Brunsell stated the reason the proposal is before the Council is that they want to be equipped to handle more business at the Holly Center store. Mr. Bob McGuire, Liquor Store Manager, felt, with this addition, they could handle the volume of business for the Holly Center store. He stated their biggest pro6lem is not enough storage space and room for display. Councilman Schneider stated, in looking at the statistics, obviously the sales per square foot is greater in a small store and felt, therefore, there is not a relationship between sales and squar�e foota�e. Mr. Brunsell felt each store will have to do more volume in order to meet the competition. He stated the trend is that you can't make a profit anymore in a small store. Councilman Schneider pointed out the store would have to have $35,000 more in sales in order to break even. Mr Brunsell felt, with the addition, they would have additional wine and beer sales, since they would have the storage space and could do a better �ob of inerchandising. Mr. Qureshi, City Manager, stated the owner of Holly Center is making an investment to improve this shopping area and the addition might be a small contribution the City could make to show that this area is via6le and has future potential. Councilman Fitzpatrick pointed out there is need not only in terms of expanding, and hopefully keeping up the same average sales, but there is a space problem for the present business Mayor Nee felt �ust to break even was not a factor for anvestment, even though it would be a nicer store, and that the ratio of sales wouldn't change with the added space. Mr. McGuire felt, with the addition, they would do more business and have additional sales or else the matter of the add�tion vtouldn't have been brought 6efore the Council. Mr. Brunsell stated, even if the Ctty doesn't proceed with the addition, it would be necessary to undertake some remodeling and improvements at the store. Councilman Hamern�k felt, since the City is in the liquor business, they should put forth an eFfort to improve the merchand�sing and, on that 6asis, he would be in favor of the expansion. MOTION 6y Councilman Hamernik to concur with the recommendation to lease an additional 900square feet for the Holly Center liquor store, Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' 1 � � REGULAR MEETING OF OCTOBER 2, 1978 PAGE 4 NEW Bl1SINESS: CONSIDERATION OF SUBMITTING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT BONUS Fl1NDS: Mr. Sobiech, Pub1ic Works D�rector, stated this item concerns a letter of intent to apply for Community Development Block Grant Bonus Funds. He stated HUD has made these bonus funds available to the Metropolitan Council for low and moderate income housing in the metropoliian area. Mr. Sobiech outlined the program the City was proposing, if the funds were � received. The program would consist of (1) Acquis�tion of scattered site substandard units; (2) Rental Unit Rehabilttation Loan Program, and (3) Home Ownership Assistance Program. Councilman Schneider questioned the definition of "large families" under Item 3. Ms. Betty Christlie6, of the City staff, stated, according to Section 8 guidelines, large families would be larger than five members per household Councilman Schneider questioned to whom the loans, under the home ownership assistance program, would be repaid. Ms. Christlieb stated they would be repaid to the City and would be available as a revolving fund and used again for similar programs. Counctlman Schneider questioned who would make a determination on what persons would get a loan. Ms. Christlieb stated the City would be responsible for making the determination and admim stering the program. Counc}lman Hamern�k questioned how the MFHA pro9ram worked. Ms. Christlieb explalned, for people who qualify, the MFHA 6uys their mortgage and 9�ves those qualified applicants a 6-3/4% mortgage on the property She explatned that people qualify through the regular channels of a lending institution and then the MFHA steps in and g�ves them a lower �nterest rate. ' Counc�lman Hamernik questioned if the persons who qualified would always have that morigage; and Councilman Barnette questioned if another person could buy or assume the mortgage. Ms. Christlie6 �ndicated she was not sure at this time, but felt it might be possible. Councilman Hamern�k questioned the wording "write down the cost of the lots" under Item 1. Ms. Christlieb explained that "write down" means the City could sell the lot back at a very low cost. Mayor Nee felt the lot would be offered at market value, however, the costs for demolition wouldn't be included. Councilman Fitzpatrick questioned who determines the price at which the lot would be resold. Ms. Christlieb stated this would be done by ihe City and staff. Ms. Christl�eb stated, in reference to the home ownership assistance program, the loans would have to be done through a neighborhood non-profit corporat�on Mr. Sobiech explained that the bonus funds 6ecame available wtthin the last several weeks and this is the reason the matter is before the Council. He stated the deadline for applying for the funds is October 6, 1978 and, therefore, staff wanted reaction from the Council regarding the letter of intent. � Councilman Schneider felt the rental unit rehabilitation loan program might be open �o a lot of abuse and owners could inteniionally let their buildings run down �n order to receive the loan Mr. Sobiech stated one of the conditions to the apartment owners receiving the rehabil�tation loan would be that they offer their units for rental under the Section 8 subsidy program. Councilman Hamernik felt the Ctiy already has an adeGuate number of units and asked what would be gained. REGULAR MEETING OF OCTOBER 2, 1978 PAGE 5 Councilman Schneider felt the Ctty would be bringtng su6-standard units up to code, Councilman Hamernik felt th�s matter would be taken care of under the maintenance code. Councilman Fitzpatrick felt the rehabilitation loan program would facilitate the enforcement of the maintenance code. � Mr. Sobiech stated, with the rehabilitation loan program for rental units, this would provide a means of helpin9 those landlords for whom it would create a burden for them to bring their property up to the standards of the housing maintenance code. Councilman Hamernik felt this gets back to the question on how they would screen the appl�cants and he stated he has a problem with subsidy for rental units. He felt, with the improvement, the landlord would then raise the rent. Councilman Schne�der sug9ested possibly the rehabil�tation loan program for rental um ts could be tied in with matching or cost sharing with the landlord Mr. Sobiech felt this might be feasible as the Ctty would establish the criteria which would 6e reviewed by HUD. Councilman Schneider stated he shared Councilman Hamern�k's concern regarding the loan rehab�litation program for rental units, however, could see some benefit from parts 1 and 3 of the proposed program. Mayor Nee felt perhaps more of the funds should be used for acquisition of scattered substandard units rather then the rental unit rehabilitation loan program. I � Councilman Hamernik stated he is not in favor of the rental unit rehabilitation loan program. He stated he fails to see the benefit 6ecause of the 75% now qualified for Section 8 that is not being used. He stated he has concern with , the acquisition of substandard units and the relocation of people. He felt the Metro HRA public housing program would have to be eliminated and any assistance would have to be from the MFHA. He stated he probably has the least problem with the home ownership assistance program, although he is not totally in favor of any of the programs proposed. Councilman Barnette felt, with appropriate changes, he could support it on the basis that they are only seeking the funds. He felt there had to be some safeguards to insure that the funds are being used properly. Councilman Schneider stated he would concur with Councilman Hamernik that the words "or Metro HRA publtc hous�ny program" should 6e el�minated under Item 1. He indicated he doesn't have any problems with the acquisition of scattered substandard units or the home ownership assistance program, however he felt there should be some safeguards for the rental unit rehabilitation loan program. Councilman Schneider stated he would be in favor of shifting the amounts in Items 1 and 2. Mayor Nee stated he would concur wtth the comments made by Councilman Schneider. Mr Sobiech stated he understands the Council wishes to (1) invert the monetary values of Items 1 and 2, (2) eliminate the words "or Metro HRA public housing program" under Item 1; (3) insert a cautionary approach tn attempting to insure that the rental unit rehabilitation loan program is not misused and should be on a cost-sharing basis, and (4) the letter of intent to reflect that appropriate means will be taken to insure that the home ownership assistance program ts processed through the appropriate private non-prof�t ne�ghborhood corporation. MOTION by Councilman Barnette to authorize staff to submit the letter of intent to apply for HU� Community Development Block Grant Bonus Funds with ' ,.� ,, �, REGULAR MEETING OF OCT�BER 2, 1978 PAGE 6 �' °' the above four changes, as outlined by{ D9r. Sobiech. Seconded by Council- man Schneider Upon a voice vote, Councilman Barnette, Councilman Schneider, Mayor Nee and Councilman Fitzpatrick votad in favor of the mot�on. Councilman Hamernik voted ayainst the motion Mayor Nee de- clared the mot�on ca�ried by a 4 to 1 vote. STATUS FEPORT REGARDIhdG ISLAfVDS UF PEACE. Mr. Quresh�, Gity P1anager, presented the p�ans for the reception center building at the Islands of Peace Mr. Quresh� stated it is the C:ty's � responsibiliCy to make sure the �unds are disbursed, within the guide- lines of the law, and I�e reviewed tiie purchas7ng poltcy for tne Islands of Peace. Mr Qureshi stated the City would do the necessary work for the utilities and would charge ±he pro�ect He felt, if the Counc�l desired, they could donate this service, however, this could be discussed a� a Tater time. Mr. Jim Langenfeld, represent�ng the Islands of Peace, stated at the August 16, 197f3 meet2ng of the E;cecutive Board the need iur programming was stressed. He felt this was as �mportant as the building itself Mr. Langenfeld questioned why but1ders risk insurance and workmen's compensat�on were taken out. Mr. Brunsell, Ctty Clerlc, stated the contractor, Mr Palmquist of the Roger Sheehy Company, requested the builders r�sk �nsurance. As far as workmen's compensation insurance, Mr. 6rursell stated the City and Foundation have to be covered in the event someone was in�ured. Mr Langenfeld felt they should have been consulted and as far as the liability, he felt the Foundation is adequately protected. The Acting City Attorney stated �t could be argu�d that those employees are employees of the City and felt the City should have the protect�on Mr. Langenfeld presented the minutes of the Executive Board Meeting of � August 16, 1978 to the Council. MOTION by Councilman Fitzpatrick to receive the minutes of the meet7ng of August 16, 1978 of the Islands of Peace Executive Board. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated two items the Foundation has to work on is for ma�ntenance of the fac�litles and programm�ng. He stated it �s hoped the Foundation w�ll come up w�th the funds to do t{�is. Mr. Langenfeld stated their funding poss�6il�ties, at this point, have come to a standstill, but they are working to revitalize fundrna for programming, maintenance, etc. MOTION by Councilman Barnette to wa�ve all City fees in con,7unction wich construction of this building. Seconded by Counc�lman ��tzpatrick. Upon a votce vote, all voting aye, Mayor N�e declared the motion cari•�ed unanimously E AND SUN�AY LIOUOR LICEPdSE MOTION by Councilman Hamerm k to waive the reading of the Public Hear�ng notice and open the Public Hearing. Seconded 6y Councilman Schneide�°. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 9:40 p.m. Mr. Sob�ech, Public Works �irector, explained this is a request for an on-sale and a Sunday ltquor license for Northern States Enterprises, Inc. for the property located at 8298 Univers�ty !�venue PJ.E. wh�ch is currently the House of Lords. Mr. Soioiech stated the City's prime concern is the exterior development. He stated Mr. Roy Miller, represent�ng A REGULAR MEETING OF OCTOBER 2, 1978 PAGE 7 Ninos Steak Round-up, was present to answer any questions from the Council and present addit�onal information. Mr Miller presented some background information regarding Ninos Steak Restaurant and indicated they now have two restaurants in this area, one in Roseville and one Tn Brooklyn Center. Mr. Miller stated thetr �ntention for the business, now known as House of Lords, would be to make some ma�or improvements on the exterior. Mr. Miller stated they have preliminary landscape plans conststing of a combination of green ash, locust trees and various shrubs. Mr. Miller presented some photos show�ng the proposed exterior desi9n of the structure. Mr. Miller stated what they are looking for from the Council is if they have any ob�ections on the issuance of the liquor license, as they would like to continue investment in the property in order to make the improvements before the cold weather. Counc�lman Hamernik felt the proposal was very 9ood and the comments from staff regarding the l�cense search were favorahle. Mr. Brunsell stated properties within a four block area were notified of th�s hearing, however, there was no response from anyone in the aud�ence. MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 10 p.m. MOTION by Councilman Hamern�k to grant the liquor license to Northern States Enterprises, Inc. for the establishment at 8298 University Avenue N.E on condiiion tney comply with the landscaping plans. Seconded by Counc�lman Barnette. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the mot�on carried unanimously. -1978 CERTIFYING TAX S FOR 1979 70 THE MOTION by Councilman Schneider to adopt Resolution No. 101-1978 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. RESOLUTION fd0. 1 III. MOTION by Councilman F�tzpatrick to adopt Resolution P�o. 102-1978. Seconded by Councilman Hamernik. Upon a voice vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. NO 103-1978 DESIGNATING POLLING PLACES AND APPOINTING ELECT Tiir ninurnnnrn � �n�n rrnirnni n rr-rrnm. MOTION by Councilman Barnette to adopt Resolution No. 103-1978. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. E MOTION by Councilman Schne�der to adopt Resolution No. 104-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FY Cl TO THE COUNTY AUDITOR F MOTION by Counc�lman Hamernik to adopt Resolution No. 105-1975. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' ' 1 REGULAR MEETING DF OCTOBER 2, 1978 PAGE 8 -� 1 Mrs. Barbara Hughes, Director of the Metro Clean A�r Comm�ttee, appeared before the Council regarding the Clean A�r Act. She stated under the Clean Air Act Amendments of 1977, there would be a plan to clean up pollution in hlinnesota. She stated the Env�ronmental Prote�tion Agency Yias until �uly of 1979 to approve such a plan. She explained the controls for certain kinds of pollution are meant to �nsure the opportunity for growth which means it could have a direct impact on local communities. She stated the cities might have to decide which kinds of in- dustries have to be controlled so that new ones may come in. � Mrs. Hughes stated her committee w�ll be working with the League of Cities and Associations of Counties and requested a member of the Counc�l be appo�nted as a liaison with whom they could exchange informa±ion Councilman Schneider questioned who would have the authority for enforcement. Mrs. Hughes stated it would be enforced on the State level In most cases, enforcement would be up to the Pollution Control Agency, however, they may ask for an agreement with the City regarding enforcement of certain things. Councilman Schneider volunteered to serve as a ltaison to the Metro Clean Air Committee. CONSIDERATION OF A LEASE AGREEMENT WITH NON-PROFIT ORGANIZATION, S.O.R.T. Mr. Sobiech, Public Works Director, stated this lease agreement was prepared, as directed by the Council, for a pr�vate corporation to work w�th the City regarding recycling. He stated the non-profit organization involved would be known as SORT which means Save Our Reuseable Trash. He pointed out, however, that at this time a document has not been filed w�th the State for them to become a non-profit corporation. Mr. Sobiech explatned the City would provide the area for this recycling center south of 71st and west of the Municipal Garage yard. He stated, in further � discussions with Ms. Connie Metcalf, it was decided the space needed would be 50 x 60 feet, instead of 200 x 100 feet. In addition to providing the space, the City would provide the fencing, gravel, necessary electrical connections, and possibly a small building. He stated the esiimated cost for these items would be $2,950. Mr Sobiech indicated SORT would try to find a group to donate the butlding and the City would also provide maintenance and necessary stgning. Mr. Sobiech stated any amendments to the operating procedure would be approved by the Council. He stated they are looking at a one year's lease in order to get some experience in this fiield and see if they want to continue such an operation. MOTION by Counc�lman Schnetder to authorize the Mayor and City Manager to execute the lease agreement with SORT, contingent upon their becoming a non-profit organization, and su6�ect to reviewal by the City Attorney's off�ce. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on ftle in the License Clerk's office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unan�mously. CLAIMS: � MOTION by Councilman Hamernik to authorize payments of Claims No. 270A04 through 270874 Seconded by Councilman Schne�der, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam meusly ADJOURNMENT: MOTION by Counc�lman Schne�der to adjourn the meeting Seconded by Counc�lman � REGULAR MEETING OF OCTOBER 2, 1978 PAGE 9 Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 2, 197& ad,7ourned at 10:30 p.m. Respectful ly submitted, f���/% � �%,/1 ,E� Q Y � /y� � �/ L' v �_ I / / lV✓L' �� �� ���l��N�Wh�/ �! Carole Haddad William J.Nee Secy. to the City Council Mayor Approved: November 6, 1978 � ' '