08/20/1979 - 00013736THE MINUTES OF THE REGULAR MEETING OF THE FRPDLEY CITY COUNCIL DF AUGUST 20, 1979
The Regular Meeting of the Fridley CityCoun��l was called to order at 7 30 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.
MEM6ERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman
Moses, Councilman Schne�der and Councilman Barnette
MEf4BERS ABSENT None
APPRO�AL OF MINUTES:
REGULAR MEETING, AUGUST 6, 1979,
hi0TI0N by Councilman Barnette to approve the minutes of August 6, 1979 as
presented. Seconded by Counc�lman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried una m mously.
ADOPTION OF AGENDA.
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The following three items were added to the agenda: (1) Consideration of an
Auction License as Requested by Multiple Auction Services, Inc., (2) Consideration
of a Picnic Permit at Logan Park as Requested by Agnes M. Shaw; and (3) Considera-
tion of a Joint Meeting with the Spring Lake Park City Council.
MOTION by Councilman Barnette to approve the m�nutes of August 6, 1979 as
presented. Seconded 6y Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carr�ed unanimously. '
OPEN FORUM, VISITORS.
There was no response from the audience under this item of business.
OLD BUSINESS:
ORDINANCE N0. 698 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, ZOA #79-05
BY R. C. WITT CONSTRUCTION.
Mr. Qureshi, City Manager, stated this ord�nance would cover rezoning of property
from f•1-1 to CR-1 in the Herwall Rice Creek Terrace Addition, Lots 2 and 3,
Block 1.
Councilman Schneider stated, at the f�rst reading of the ordinance, there was
discuss�on regarding the drainage plan and screenrng and asked if there was
further information regarding these items.
Mr. Qureshi stated the applicant has indicated they would be wtlling to comply
with all the appropriate restrictions imposed, but didn't want to go into
additional expense of a development plan until they found out if the rezo m ng
was approved. Mr. Qureshi stated they were willing to comply with the require-
ments of the R�ce Creek Watershed District and the City. He felt the zoning
should be decided on the basis if it is a proper zoning for that area. Mr. �
Qureshi stated, as far as the drainage and landscaping, it would be taken
care of later on as part of tfie building permit.
Mr. Bob Witt, of Witt Construction, stated they are still working on the
topographical and are testing the soil. He stated he was aware they needed
approval from the Rice Creek Water�,hed District and that they have to sumit
a dra�nage and landscaping plan to the C�ty for approval.
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REGULAR MEETING OF AUGUST 20, 1979 PAGE 2
Mr. Qureshi stated he felt it was fa�r to say that the appltcant knows there
are going to be spectal condittons extt and there will be restrictions imposed.
MOTION by Councilman Schneider to waive the second reading of Ordinance No. 698
and adopt it on the second reading and publish. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motton
carrted unanimously.
NEW BUSINESS:
ERATION OF AN ORDINANCE AMENDING CHAPTER 111 OF
IN
Mr. Brunsell, Ctty Clerk, stated this amendment would clarify the intent of
the ordinance regarding the licensing of vending machines. He stated he hoped
this would make clear the practice that ts already go�ng on in cafeter�as and
similar Nlaces.
Mayor Nee asked if the City is now inspecting and licensing vending machines.
Mr. Brunsell answered in the affirmative and stated that the State statute is
similar to the City's ordinance. He pointed out that the State agrees the
statute is not clear as to what is intended, but the State is currently licens-
ing vending machines which are accessible to the public.
Mayor Nee questioned the exemption of patient food services in hospttals
Counctlman Fttzpatrick stated he thought these mach�nes were inspected under
hospital pract�ces and under some other tnspectton provision.
Mr. Brunsell stated the staff could get further information and report back
to the Council before the second reading of the ordinance.
Mayor Nee stated his concern is, if the City is subsidizing thts by free in-
specting, he wouldn't be in favor of this practice
MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance
upon first reading. Seconded by Councilwoman Moses Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unam mously.
RECEIVING THE PLANNING COMMISSION MINUTES OF AUGUST l, 1979:
MOTION by Councilman Schneider to receive the minutes of the Planning Commission
Meeting of August 1, 1979. Seconded by Councilman Barnette Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously
RECEIVING THE PLANNING COMMISSION MINUTES OF AUGUST 8, 1979:
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METHODI
A SPECIAL 11SE PERMIT. SP #79-09. FRI
Mr. Qurehsi, City Manager, stated the Plamm �g Commisston has heard th�s request
for a special use permit and recommended approval with certain stipulations
concerning the chaintng of the driveway access to Bennett Drive, proper
fencing of the playground area, and addttional plant�ngs between the church
property and property to the WESt which should be completed by the spring of
1980.
� Mr. Frank Ferguson, 6810 Monroe Street, appeared before the Council to re-
present the church �n their request for th�s spectal use permit for a day care
center. Mr. Ferguson stated they are defi m tely aga�nst the st�pulation regarding
the chaim ng off of Bennett Drive. He felt, if this was done, it would
have to be someone's responsibility to matntain the chain and someone would have
to be out there to chain and unchain it, wh�ch wauld be a problem, �f they
had to have the drive opened for snow plowing or a funeral. He felt the
chatning wasn't necessary and didn't thtnk the driveway would be used that much
as most people would enter and ex�t on Monroe
REGULAR MEETING OF AUGUST 20, 1979 PAGE 3
Mr. Alfred Re�man, 633 Bennett Drive, stated his bedroom is located right next
to the church property and pointed out that his wife works m ghts and comes home
around 2 A.M. and felt, with the traffic from the day care center, they had
to shut off this exit on Bennett Drive or put up some fence for the noise.
Councilman Schneider stated he has driven through the church's parking lot and
would agree with Mr. Re�man that the driveway to Bennett Drive is extremely
close to Mr Re�man's house. He stated he would support the chaim ng of the '
driveway and asked Mr. Re�man if he felt this would help.
Mr. Re�man stated he felt it would help some, but that they would hear some of
the notse and have the lights from the cars.
Mr. Ferguson felt fihat 40-95i of the people would use Ptonroe Street because it
is closer to Mississipp�. He felt for the few caris that would go through, it
wasn't worth chaim n9 the driveway.
Councilman Schneider questioned �f it was necessary to even have the drtveway
to Bennett Drive, �f there were so few cars using it. P1r. Ferguson felt it
was necessary for other activit�es and snow plowing and funerals.
Councilman Schneider questioned if this special use permit was approved, with
all the stipulations as recommended by the Planning Commission, �f they would
have the�r day care center Mr. Ferguson stated that really wouldn't be his
decision.
Mr. Ferguson stated he couldn't see why the property should be restricted for
a limited number of cars. He thought the type of people that will be coming
to the center aren't the ones tur m ng the place into a racetrack. He felt,
if people abuse their cars in the parking lot, they would be the first ones
to reprtmand them. He felt the noise from the cars, if they use the exit on
Bennett Drive, would be very mim mal, but couldn't guarantee it. '
Mayor Nee stated his problem with the chain is he felt it was dangerous. Mr.
Ferguson stated they felt also it is a question of liabiltty of the put up
the chain.
Counc�lman Schneider felt the concern, as he understands it, is the noise of
the cars less than 10 feet from Mr. Re�man's window. He pointed out setbacks are
required in front and rear yards to try and prevent these situations. He stated
they have an unanimous recommendation from the Planning Commission and, in the
spirit of cooperation, hoped the church would be wtlling to try this as the
purpose of the special use permit is to handle exactly these kinds of situattons.
Councilwoman Moses suggested possibly the use of saw horses rather than a chain.
Mr. Ferguson stated there is still the problem of ma�ntaim ng it. He felt
a barricade of any sort �ust attracts trouble.
Counctlwoman Moses asked Mr. Ferguson if he had another method to propose to
keep the traffic out from under Mr Re�man's window.
Mr. Ferguson stated he didn't think this is a problem, but that there are other
problems forctng this issue, such as the 6us, which they w�ll be getting rid of
shortly, the condition of the parking lot and the shrubbery. Mr. Ferguson
stated he would agree there could be more shrubbery, but didn't like the tdea
of chaining the driveway.
Councilman Schneider stated he would like to see a solution which �s acceptable '
to both the church and Mr. Re�man. He stated he sympathtzed with Mr. Re�man and
felt he had a valid concern.
REGULAR MEETING OF AUGUST 20, 1979 PAGE 4
Mayor Nee asked if they would consider moving the dr�veway farther to the
east and more towards the corner.
Mr. Ferguson stated he is sure they wouldn't mind moving it, but that the
expense mi9ht be a problem and factor to consider
Councilman Schneider asked Mr. Ferguson if he felt there was no compromise
or middle ground. Mr. Ferguson felt there are things they could work on and
that other th�ngs would be more valuable than a chain in solving some of the
� other problems mentianed.
Councilman Schnetder stated his concern is the noise and asked what they
would propose as an alternative to chaining or closing off the driveway or
removing the driveway permanently.
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Mr. Ferguson stated he has a hard time understanding what the problem is as he
felt there isn't any problem with the noise
Mayor Nee stated he has to assume if there isn't any problem, Mr. Re�man
wouldn't be here.
Mr. Ferguson felt he got tones of other problems that are creating this impasse.
Councilman Schneider stated he hated to delay the opening of the center, but
asked if they would prefer it be tabled to try and work out a compromise
He felt someth�ng should be worked out that specifically addressed Mr Re�man's
problem with the noise.
Mr. Ferguson stated he felt this item should be tabled until the next meeting.
MOTION by Councilman Schneider to table this request by Fridley Methodist
Church for a spectal use perm�t unttl September 10, 1979. Seconded by
Councilwoman Moses. Upon a voice vote, all vottng aye, Mayor Nee declared
the motion carried unanimously.
LOT SPLIT REQUEST, LS �f79-03, BY �OHN AND GAIL ESTLING (6440 RIVERVIEW
Tcnnnrr\
Mr. Qureshi, City Manager, stated this is a request for a lot split to splrt
off the westerly 20 feet of Lot 1, Block 1, Vtet's Addition, and add it to
the property to the west. Mr Qureshi stated the Planning Commission has recom-
mended approval of this request and indicated that the staff would work wtth the
property owner to see that this 20 foot port�on and the parcel to the west to
which it is proposed to be attached gets one parcel number
MOTION by Councilman Fitzpatrick to concur with the recommendation of the
Plamm �g Commission and grant Lot Spl�t #79-03. Seconded by Counci1man
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
ENVIRONMENTAL QUALITY COMMISSION MINUTES OF JULY 17, 1979•
Mr. Qureshi, City Manager, stated the Environmental Quality Commtssion has
recommended that the City becotne a member of the North Management Commtt�ee.
Councilman Schneider asked what is involved and the costs for becoming a
member.
, Councilman Fitzpatr�ck stated a group of other governmental bodies d�d pay
for a consultant's �nvestigation and report and Fridley did not participatt
in this and, as a result, had trouble getting the report. He stated, one
of the reasons the City didn't participate was that it didn't involve Fridley,
stnce the river crossing was proposed farther North, but it seems to have gotten
closer ta Fr�dley which now involves the C�ty more.
Mr. Quresht stated all the meetings that are held are open and the City staff has
been attending the meetings and keeping up with the developments He stated,
even if the City is on the Management Committee, it wouldn't have any impact
because we would be in the minority. He stated, originally, when the concept
was conce�ved, the C�ty was part of the original team regarding the concept
of the Northtown Corridor, however, when it was determined it wouldn't be in
Fridley, the only involvement of the City was attend�ng the meetings. He
stated it has come down to three alternatives that are being considered and
REGULAR MEETING OF AUGUST 20, 1979 PAGE 5
none of them are �n Fridley He stated the City's thoughts have been expressed
by resolution against prov�ding a connection of the highway with East River
Road and tndicated staff would conttnue to check the status.
MOTION by Councilman Fitzpatrick to instruct the admi m stration to investtgate
and prepare a recommendation on what is involved and the costs in becoming
a member of the North Management Committee. Seconded by Councilman Schneider.
Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carried
unanimously.
APPEALS COMMISSION MINUTES OF �ULY 31, 1979:
YARD AND FRONI YARD REOUIREMENTS
TO
Mr. Qureshi, City Manager, stated this is a request for a two foot variance
of the stde yard from 15 feet to 13 feet and a variance of the front yard
setback requirement from 35 feet to 30 feet. He stated, with the variance of
the front yard setback, it would line up with the existing buildings.
Mr. Qureshi stated the Appeals Commtssion has recommended approval of the
variances.
Mr Veres, 5608 4th Street, indicated his concern about the hei9ht of the
building, as he felt this may hamper htm from putting up solar panels.
Councilman Fitzpatrick questioned why the building couldn"t be two feet
closer ta the South.
Mr. Qureshi stated they could ineet the side yard setback requirements, however,
he felt the variance for the front yard setback would make sense since it would
line up with existing buildings. He stated he would suggest, therefore, that
the variance be granted for the front yard setback, however, to leave the side
yard at 15 feet and shift the building two feet to the South.
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MOTION by Councilwoman Moses to concur with the recommendation of the Planning
Comm�ssion and grant the variance of the front yard setback from 35 feet to 30 �
feet and leave the side yard at 15 feet instead of 13 feet, as requested.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilman Barnette to receive the mtnutes of the Plam m �g Commission
Meeting of August 8, 1979. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unantmously.
RECEIVING CATV COMMISSION MINUTES OF AUGUST 8, 1979:
MOTION by Councilman Schneider to receive the minutes of the CATV Commission
Meeting of August 8, 1979. Seconded by Councilman Schneider. Upon a voice
vote, ull voting aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF FINAL ACCEPTANCE OF SANITARY SEWER, WATER AND STORM SEWER
SYSTEMS IN TRI-CO ADDITION
MOTI0�1 by Councilman Fitzpatrick to approve the final acceptance of sanitary
sewer, water and storm sewer systems in Tri-Co Addition. Seconded 6y Council-
man Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the
motion carried unan�mously.
RECEIVING CORRESPONDENCE FROM EUGENE A. HICKOK AN� ASSOCIATES, INC., PERTAINING
TO MOORE LAKE GRANT:
Mr. Qure�ni, City Manager, stated Hickok and Associates, Inc. recommended a
sand blanket in their proposal for Moore Lake and the Department of Natural
Resources and the Pollution Control Agency feel this �s probably not an effecttve
approach. He stated they are recommending an experimental program to study
another approach. He felt, if thts works, the costs would be substantially
lower.
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REGULAR COUNCIL MEETING OF AUGUST 20, 1979 PAGE 6
MOTION by Councilman Schneider to rece�ve the correspondence from Hickok and
Associates, Inc. dated August 8, 1979. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, Mayor Nee declared the mot�on carried una m mously.
CQNSI�ERATION QF RESPONSE BY ROBERT SCHROER 0� CITY'S DFFER TO PURCHASE PROERTY
Mr Qureshi, City Manager, stated the C�ty has received correspondence from Mr.
Schroer regarding what is acceptable to him in acquisition of his property
Mr Qureshi stated a copy of the appraisal, which was received today, has valued
this property at a much higher price than what Mr. Schroer is ask�ng Also
Nnoka County paid $19,50D per acre for the property on the South of this property.
' Mr. Quresha� stated the City hopes to acqutre ll.71 acres on Parcel 1 and
agreements have already been executed for LAWCON funding. He stated he would
recommend the City acquire the 17.71 acres for the price Mr. Schroer is ask�ng,
which �s $17,500 per acre and would like to confer further with P�ir. Schroer
regardtng the other property wh�ch ts about 3.4 acres.
Mr. Schroer indicated he didn't know how much more he could give to the City.
MOTION by Councilman Barnette to authorize the City Manager to acquire the 17.71
acres at a price of �17,500 per acre and that the City pay the second half of
the real estate taxes and the unpaid spectal assessments and interest at the rate
of 1% per month starting April 1, 1979. Seconded by Councilman Schne�der. Upon
a vo�ce vote, all voting aye, Mayor Nee declared the motlon carr�ed unantmously.
MOTION by Councilman Schneider to adopt Resolution No. 97-1979 and set the Public
Hearing for Se��tember 10, 1979. Seconded by Councilman Barnette Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
CLAIMS:
� MOTION by Councilwoman Moses to authorize payment of Claims No. 210535 through
228F01. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
LICENSES
MOTION by Councilman Schneider to approve the licenses as submitted and as on
file ln the L�cense Clerk's Office. Seconded by Gounctlman Barnette. Upon a
voice vote, all voting aye, Mayor Nee dec1ared the motion carried unam mously.
Counc�lman Schneider questioned �f any other commum ties license the companies
providing the liquid ferttltzer services. He stated the reason he asked was
that !�e had received a complatnt regarding a company operating �n the City.
Mr. Brunsell, City Clerk, stated he could check with other commum t�es to see
what their poltcy is regarding licensing of these compan�es.
Councilman Barnette stated he would assume they would have liability insurance
to cover their operation.
CONSI�ERATION DF APJ AUCTION LICENSE AS REQUESTED BY MULTII
ornvrrro rnir .
Mr. Brunsell, City Clerk, stated that Mr. Clark and the Community �evelopment
Department checked the application for th�s auctinn 1�cense and could see no
� problems with it. He po�nted out the applicant does have a State license and
although the Publtc Safety Director hasn't approved this as yet, he does place
a great deal of weiyht on whether they have a State l�cense. He felt the license
could be approved by Counc�l and before it �s actually issued, could be reviewed
by the affected Ctty departments for their approval.
MOTION by Councilman SchneiGer to grant the request for an auction license>
contingent upon approval by all the affected City departments. Seconded by
Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee deciared the
motion carried unantmous7y.
,- , REGULAR COUNCIL MEETING AUGUST 20, 1979
ESTIMATES:
MOTION by Councilman Fitzpatrick to approve the estimates as su6mitted.
Eugune A. Hickok & Associates, Inc.
545 Indiana Mound
Wayzata, MN 55391
Professional services for Moore Lake Grant
Talle, Herrick & Munns
6275 University Avenue N.E.
Fridley, MN 55432
For legal services rendered as City Attorney
Smith, �uster, Feikema, Malmon & Haskvitz
1250 Builders Exchange Bldg.
Minneapolis, MN 55402
For legal services rendered as Prosecutor, July
ISLANDS OF PEACE PROJECT:
Frtdley Our Own Hardware
214 Mississippi Street N.E.
Fridley, MN 55432
Paint thinner
Sheet metal nails
Pump clamp
Water pump
Greenf�eld
Water pipe clips
Misc supplies
Minnegasco
714 2nd Avenue So.
Minneapolis, MN 55402
Gas service
Northwestern Bell Telephone
P.O. Box 1301
Minneapolis, MN 55440
Telephone service
Northern States Power Company
P.O. Box 9477
Minneapolis, MN 55484
Electricity
Ed Wi lmes
Mileage and gas for water
pumps and boat
TOTAL
$ 471.00
$2,817.90
$2,66D.00
1. 79
.99
.80
23.94
26.35
3 60
3.42
60.89
87.75
6.53
85.71
42.76
$283.64
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REGULAR COUNCIL MEETING OF AUGUST 20, 1979 PAGE 8
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
CONSIDERATION OF A REQUEST BY AGNES M. SHAW FOR USE OF LOGAN PARK FOR A PICNIC:
This is a request for use of Logan Park for an annual neighborhood pic m c
on Sunday, August 26 and, in con�unction with the pic m c, they are request�ng
permission to consume 3.2 beer and asking that 10 tables be supplted by the Park
Department.
� MOTION by Councilman F�tzpatrick to approve the request for use of Logan Park
of Sunday, August 26, 1979 and permission to serve 3.2 beer and encourage the
Park Department to supply the necessary tahles. Seconded by Councilman Schneider
Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed
unammously.
JOINT MEETING WITfi SPRING LAKE PARK CITY COUNCIL
Mayor Nee stated Spring Lake Park has suggested September 10 as a date for a
�o�nt meeting, however, this is a regular Council meeting for Fridley. He stated
Spring Lake Park suggested that Fridley come up with a date and they would try to
accommodate it.
AD�OURNMENT:
MOTION by Counctlman Schneider to ad,7ourn the meet�ng. Seconded by Councilman
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
Au9ust 20, 1979 ad,7ourned at 9:02 P M.
Respecifully submitted, ����� �� ,�
,�
;1/, ��1� ,
4 �N��. � '%.4/G"�R'4�
Carole Haddad William J. Ne
� Secy. to the City Council Mayor
Approved: 9/10/79
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