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09/10/1979 - 00013727THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 10, 1979 The Regular Meeting of the Fridley City Counctl was called to order at 7:40 P.M by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT APPROUAL OF MINUTES: Mayor Nee, Councilman Barnette, Councilwoman Moses, Councilman Schne�der, and Councilman Fitzpatrick None PUBLIC HEARING MEETING, AUGUST 13. 1979: MOTION by Councilman F�tzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. REGULAR MEETIfdG, AUGUST 20, 1979: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: One item was added under "Licenses" as follows: "Consideration of an Auctioneer's License for Charles Weinberger". MOTION by Councilman Fitzpatrick to adopt the agenda with the above amendment. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. PROCLAMATION - CONSTITUTION WEEK, SEPTEMBER 17-23, 1979: MOTION by Councilman Schneider to approve the proclamation proclaiming the week of September 17-23, 1979 as Constitution Week. Seconded by Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business PUBLIC HEARING: SED PROJECT FOR ISSUANCE DF D TO MEDTRONIC, INC. UN�ER IN�USTRIAL L INDUSTRI MOTION by Councilman F�tzpatrick to waive the reading of the public hearing notice and open the hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opended at 7:43 P.M. Mr. Brunsell, C�ty Clerk, stated this pro�ect involves a$1,000,000 industrtal revenue bond issue of which $680,OD0 wauld be used for bu�ldtng purposes, $275,000 for equipment, and the balance for other costs. He stated the purpose of the bond issue �s to com�lete an expansion pro�ect at Medtronic and with this expansion, it would provide approximately 60 additional jobs in the community and will generate taxes the same as any other industrial property in the Ctty. , 1 1 REGULAR MEETING OF SEPTEMBER 10, 1979 PAGE 2 Mr. Brunsell stated there was no obligation on the part of the City, as far as the guarantee�ng of these bonds. He pointed out that the City's name is on the bonds, but there is no liability or obltgation for the City �n connect�on wtth the industrial revenue bonds, but they have to be given Council approval in order for the bonds to be issued. He stated there is a resolution for the Council to consider later in the meeting which would give preliminary approval for issuance of the bonds and indicated that the State must approve the appltcation. � Mr. Richard Nunn, Assistant Corporate Treasurer for Medtron�c, stated, with these 6onds, Medtronic wishes to complete a bu�lding that was started several years ago. He stated they have done a cost benefit analysis and decided to go ahead with completion of the expans�on, contingent on receiving industrial revenue financing. He stated two-thtrds of the revenue from these bonds would be for improvement of real estate which would go toward the tax base, and the other portion would 6e used for equipment. Councilman Schneider questioned what physical improvements would 6e made Mr. Nunn stated the floor, ceiling, partitions and plumbing and electrical would be installed. Mayor Nee explained the procedure for industr�al revenue 6onds is mac4e available through the State and Federal government as a means of helptng cities 6uild their tax base. He stated it is a technical procedure that makes this financing of such an �mprovement more feasible, as it saves the interest costs. He explained that the City has approved the tssuance of industrial revenue bonds for other local manufacturers with good credtt backing. Mr. Nunn stated they intended to sell the 6onds as a private �ssue to one purchaser. No other persons in the audtence spoke for or against the issuance of these industrial development revenue bonds. � MOTION by Councilman Schneider to close the publ�c heairng Seconded by Counctlman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:48 P M OLD BUSINESS: SPECIAL �SE PERMIT SP #79- Councilman Schnetder stated, in his last conversations with the people involved, �t was pretty much of a stand-off regarding the issue of the driveway Councilman Barnette stated he talked with Mr. Ferguson and Pastor McChesney and he was left with the feeling that there might be some middle ground for mov�ng the driveway. Councilman Barnette stated he suggested possibly there were some members of the congregation who were cement contractors and could do the work involved tn inoving the driveway. He stated that Pastor McChesney stated he would talk with Mr. Ferguson further on this matte�°. Mr. Frank Ferguson, 6810 Monroe Street, stated they have talked this over, and as far as the church is concerned, they are happy with the driveway the way �t is now. He stated it would be up to the church to pick up the cost for moving the driveway, unless the City wishes io contribute to the cost. He stated he felt the cost for moving the driveway could be sizeable. , Mr. Ferguson stated Pastor McChesney had talked to him regarding the idea, but the costs factor is the key potnt. Counc�lman Barnette questioned the staff if they knew what the cost would be, if the labor is assumed by the church. Mr. Qureshi, City Manager, felt the cost to take out the existing curb and change the drtveway would be over $2,000 which would include labor, REGULAR MEETING OF SEPTEMBER 10, 1979 PAGE 3 Mr. Quresh� stated, if the Council so desired, they could approve the special use permit, contingent upon the driveway betng moved, and let it be the choice of the applicant if they wish to do it. He stated the City can work with them on how the work should be done, if they wtsh to relocate the driveway. Mr. Re�man, 633 Bennett Drive, stated he felt there wasn't any other solution to the problem except to e�ther chain off the driveway or move the driveway exit so the cars wouldn't go past his house. Councilwoman Moses stated she did drive through the parking lot this past week and stated her rnclinat�on was to go out the driveway to Bennett Drive, rather than mak�n9 a U-turn in the parking lot and exiting on Monroe. She stated she can see Mr. Re�man's point that the dr�veway should either be chatned or moved. MOTION by Counc�lman Schneider to grant Special Use Permit SP #79-09 with the following stipulations (1) That the driveway access on Bennett Drive be e�ther gated off during the hours that the day care center is in operation or the driveway be moved, (2) That the proper fence be �nstalled by the first day of business, and (3) That a vegetation barrier be planted between the church property and the properties located west of the church, which is to be completed by the Spring of 1980, and the plantings to be approved by the staff. Seconded by Councilman Bar��ette. Mr. Herrick, City Attorney, stated the mot�on did not indicate the min�mum amount of d�stance the driveway should be moved and asked if the Council wished th�s included or wanted it to leave it up to the staff's discretion. Councilman Schneider fe:t th�s could be left up to the staff. He stated h�s lntent of the motion was either that the driveway be gated or moved. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unam mously. OR�INANCE N0. 699 AMENDING CHAPTER 111 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED LICENSING FOOD ESTABLISHMENTS AND FOOD VENDING MACHINES: hi0TI0N by Councilman Fitzpatrick to waive the second reading of Ordinance No. 699 and adopt it on the second read�ng and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.10, OF FRI�LEY CITY CODE RELATING TO FEES MULTIPLE DWELLINGS) Mr. Brunsell, City Clerk, stated the City is �ncreasing its inspections of mult�ple dwell�n9s which were previously inspected primarily for f�re, but now the inspect�on will tnclude other items, as well as general maintenance of the huildin�. He stated the last increase in the fees was in 1976 and the primary reason for the increase now is because of the amount of inspections that are being made on the buildings. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon the fi rst reading. Seconded by Counc�lman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF AUGUST 22. 1979: CONSIDERATION OF SPECIAL USE PERMIT, SP �79-08 TO ALLOW CONSTRUCTION OF DOUBLE BUNGALOW IN R-1 ZONING, BY EXEMPLAR, INC. 7582-84 ABLE STREET : MOTION by Councilwoman Moses to receive the letter from Exemplar, Inc. with- draw�ng their request for a special use permit. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' 1 1 �I �� � REGULAR MEETING OF SEPTEMBER 10, 1979 ION OF REZONING PAGE 4 #79-06. TO REZONE FROM C-2S MOTION by Councilman Fitzpatrick to set the public hearing on this rezom ng request for October 15, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counc�lman Schne�der to receive the minutes of the Plam m �g Commiss�on Meet�ng of August 22, 1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF REGISTERED LAN� SURVEY FOR SOUTHERLY 4D ACRES OF Mr. Qureshi, City Manager, stated this registered land survey is brought 6efore the City Counc�l in order to simplify the legal description of the property that the City is acqutring from Mr. Schroer known as the "Sears property" Mayor Nee questioned if this was a plat. Mr. Qureshi stated it ts a registered land survey that elimtnates the need to describe the parcels by metes and 6ounds. Mr. Herrick, City Attorney, stated it is in the nature of a plat. He stated what would happen, for instance, taking into account the property the City is purchasing, when you describe it by metes and bounds, you have a legal description that is approximately one page long. He stated what the registered land survey would do is to use a description called Tract A of this registered land survey, and whatever number �s ass�gned to it, and do the same wtth Tracts B and C. He stated in order for th�s to be recor�ded at the County, it has to be approved by the Council. MOTION by Councilwoman Moses to approve the regtstered land survey. Seconded by Councilman Fitzpatr�ck. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF PROPOSED AMENDMENTS TO CABLE TELEVISION DRDINANCE_ Mr. Quresht, C�ty Manager, stated the Cable Television Company representative already had other commitments and was, therefore, unable to attend this meeting and requested this item be tabled to the next meeting of the Council. MOTION by Councilman Barnette to table this item to the next Council meeting. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated the staff has researched the definition of "gross revenues", specifically the Minneapolis defim tion, and he thought the Council might wish to compare th�s defin�tion to the City's. Mr. Will Loew-Blosser, Cable Television Access Coordinator, introduced himself to the Council and stated he had �ust moved to tnis area from East Lansing, Michtgan where he was the Cable Television Coordinator for the public Schools He stated his �ob was to assist mem6ers of the public in mak�ng cable television programs and he hoped the people of Fr�dley would take advantage of che resources available to them. Mayor Nee asked if he had contacted the schools. Mr. Loew-Blosser stated he had made initial contact with them and hopes to make further contact with the on Wednesday. PRESENTATION OF PLAN FOR FMC PROPERTY BY ANOKA COUNTY PARK DIRECTOR• This item wtll 6e consi�ered later in the agenda when Mr. �ave Tork�ldson, Anoka County D�rector, arrives at the meeting. REGULAR MEETING OF SEPTEMBER 10, 1979 �? PAGE 5 LOCKE PARK ALONG RAILROAD Mr. Qureshi, City Manager, stated the easement that was indicated earlier used part of the Metropolitan Sewer easement in Locke Park and when they were contacted, it was learned they have plans for another sewer pipe in this area so they requested that the NSP poles not be put in their easement area. Mr. Qureshi stated, therefore, three poles will have to be shifted south, necessitating the need for additional easement and felt there should be add�tional compensation to the City. He stated NSP has agreed to give up to a�15,OOD cred�t to the City in the Center City Pro�ect Area. MOTIOId by Councilman Barnette to approve the revised NSP easement through Locke Park along the railroad tracks and deletion of the existin9 transmission line easement along residential property south of Locke Park and authorize the Mayor and Manager to execute the necessary documents. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERNTION OF HDME OWNERSHIP PROGRAM UNDER TITLE I OF THE HOUSING AND XECUTION OF AGREEMENT WITH FHRA FOR COMPLETING THE HOME OWNERSHIP PROGRAM: Mr. Boardman, City Planner, stated the City has received contracts from HUD on approval of the home ownership program. He stated this approval is based on the condition for the env�ronmental assessment statement and at this time, they are still going throu9h some of the paperwork and an agreement will have to be approved with the Housin9 Authority so they can operate the program. , Mayor Nee stated the program would consist of a grant that would permit acquisi- tion of sub-standard homes and remove them in order to build new homes on those sites. He stated the grant was applied for under the City's name, but the , City lacks the statuatory power to accomplish this and that is the reason for transferring the �urisdiction to the Fridley Housing Authority. MOTION by Councilman Fitzpatrick to approve the home ownership program under Title I of the Housing and Community Development Act of 1974. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. f4r. Herrick, City Attorney, stated he and the staff have reviewed this program and future procedures that would be followed. He stated there are some decisions that will have to be made, as they proceed with the program, are some decisions that will have to be made, as they proceed with the program, but felt, as it looks now, the program is very workable. Mayor Nee asked if any of the areas have been identified for this program. Mr. Boardman stated the� did some im tial reviews of about 16 properties, however, they are proceeding with caution because of the amount of funds available whtch is $120,000. He stated there are two sites in the Hyde Park area where they have talked with the owners and will possibly try to negotiate with them. MOTION by Councilman Fttzpatrick to authorize the Mayor and the City Manager to encer �nto the agreement of cooperation wtth the Fridley Housing and Redevelopment Authority for completing the home ownership program. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried una m mously. RESQLUTI�N N0. 4E-1979 GIVIfdG PRELIMINARY APPROUAL TO AN AGRE€MEPJT QETWEEN MEDTRONIC, INC AND THE CIT i , ,Q�6 � INDUSTRIAL DEVEL PMENT REVENUE MOTION by Councilman Barnette to adopt Resolution No.= 98-1979. Secondec by Counci�}man Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I �� � � REGULAR MEETING OF SEPTEMBER 10, 1979 ,1 • • PLACES FOR PAGE 6 MOTION by Councilman Fitzpatrick to adopt Resolutton No. 99-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 1D0-1979 TO ADVERTISE FOR BIDS FOR WALKING BRIDGE MATERIAL MOTION by Councilman Schneider to adopt Resolution No 100-1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TION N0. 101-1979 �IRECTING PREPARATION OF ASSESSMENT ROLL FOR 1979 MOTION by Councilman Fitzpatrick to adopt Resolution No. 101-1979. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 102-1979 �IRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE 1979 SERUICE CDNNEC7IONS: MOTION by Councilman Schneider to adopt Resoluiion No 102-1979. Seconded by Councilman Barnette. Upon a votce vote, all voting aye, Mayor Nee declared the mot�on carrted unanimously. ' 103-1979 CERTIFYIIVG CHARGES TD THE CO�NTY l LE h10TI0N by Councilman Barnette to adopt Resolution No 103-1979. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carr�ed unan�mously i THE FINAL MOTION by Councilman Fitzpatrick to adopt Resolution No. 104-1979 Seconded by Councilman Schneider. Upon a vozce vote, all vot�ng aye, Mayor Nee declared the motion carried una m mously. RESOLUTION N0. 105-1979 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED MOTION by Councilman Schnetder to adopt Resolution No. 10�-1979. Seconded by Councilman Fitzpatrick. Councilman Schneider made reference to the resolution's Notice of Heartng regarding Lot 1, Block 1, Van Cleaves Addition He stated there �s a lot split on file at the County, which was not approved by the City, and the lega1 description apparantly exempts the West 14.2 feet of this lot. Mr. Brunsell, Ctty Clerk, stated the 14.2 feet is about six years tax de- linquent. He stated th�s property was owned by Robert Van Cleave and he apparently kept out this 14.2 feet when he seld property to the Erickson's. ' He stated th�s 14 feet would probabiy go tax forfeit, and in order to clear the records, suggested br�nging a lot split to Council for their approval to get the assessment in the right place. He stated, on the City's books, they don't have this 14.2 feet because a 1ot split was never approved by the City. He stated the assessment should be on this 14.2 feet, since th�s was where the tree was located that was removed. REGULAR MEETING OF SEPTEMBER 10, 1979 PAGE 7 MOTION by Councilman Schne�der to amend the assessment roll to indicate the westerly 14.2 feet of Lot 1, Block 1, of Van Cleaves Addition instead of Lot 1, Block 1, Van Cleaves Addition. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS MOTION by Councilman Schneider to authorize payment of Claims No. 210530 through 248950. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file �n the License Clerk's Office. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIOfV OF AN AUCTIONEER`S LICENSE - CHARLES WEINBERGER. Mr. Brunsell, City Clerk, stated a request was received for a special one day license for an antique auction at the Skywood Mall on September 16, 1979. P10TION by Councilman Schneider to approve the license for the auction as filed by Charles We�n6erger. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Fitzpatrtck to approve the estimates as submitted. Halvorson Construction 4227 - 165th Avenue N.E. Wyoming, MN 55092 PARTIAL Estimate �9, 1979 misc. Concrete curb & gutter contract Patch Erickson, Madson, Inc 2311 Wayzata Boulevard MInneapolis, MN 55405 August superv�sion - Mun�cipal Garage Addition $3,585.00 $ 200.00 Seconded by Counciltvoman P1oses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously INTRODUCTION - KIM JOHNSON Councilman Barnette introduced Kim Johnson, a former Fridley graduate who attended Winona State and is receiving a degree in Urban Affairs. Mr. Quresh� stated Mr. Johnson would be working with Jerry Boardman and will be do�ng research, as part of his internship. PRESENTATION OF PLAN FOR rMC PROPERTY BY ANOKA COUNTY PARK DIRECTOR: Mr. Dave Tork�ldson, Anoka County Park Director, appeared before the Council regarding the County's plan for purchase of FMC property for park purposes. 1 1 , '� REGULAR MEETING OF SEPTEMBER 10, 1979 PAGE � Mr. Tork�ldson stated the Metropolitan Council has gone on record requesting Anoka County to put together a Master Plan to preserve what river frontage is left in the County, and the County has come up with a plan for this. Mr. Tork�ldson presented information showing what the County is proposir, for the FMC property. He stated the site is approximately 56 acres and bike/ hike tra�ls are proposed, along with picnic areas. The F�nancing �s proposed from the Great River Road Pro�ect wlth 75% being ' funded by the Federal government and 122% funding each by the State and Metropolitan Council. Mr. Tork�ldson stated there would have to be an agreement between the City and County for fire and additional police protection which would be charged against the County. Councilman Schneider said his concern would be that it locks the City out of putting �n future tax land. Mr. Qureshi, City Manager, stated the C�ty still has a lot of industrial land and the question really ts if the Council feels it is an asset to the community. Counc�lwoman Moses felt this was a good plan, but, in her m�nd, she could visualize a high-rise type of development for this property, even thouyh it would have to 6e rezoned. Councilman Schneider questioned what portion of the land in the City is non-tax productng. Mr. Boardman stated he felt the City is about average, or possibly a little below, as compared to other commum ties � Counc�lman Fitzpatrick felt an important consideraiton ts the fact that Fr�dley ls bullt szx miles along the Mlss�ssipp� River and yet has very little public use of it. Mr. Qureshi felt you have to look at the long range impact of any development. He stated this park system would connect w�th the M�nneapolis system and the Rice Creek trail system. Councilwoman Moses questir�ned tf this could be developed along with some housing. Mayor Nee stated the staff did prepare such a plan a few years ago which was to acquire the property and plat it for multiple use, reserving frontages and access points on the river. He stated, however, you would have to rely on private developers and actual realization of the plan may never take place. He felt, with the proposed plan for park purposes, it would pretty well happen as proposed and like the idea of a lot of people havin9 access. Mr. Herrick, City Attorney, stated it seems to him the Ctty wasn't losing much in present tax dollars, but probably losing a lot in potential tax dollars. He stated, from a commercial or industrial standpoint, the City can afford to have th�s property used for nan-revenue producing purposes. He felt the ma�or quest�on is that this property is some of the little resident�al property that is left tn the City and questioned if there ts a need for � add�tional residential development, or if the Council is sat�sified with what remains, and then plan on developrng some additional commercial and industrial property, with very little resldent�al. Councilman Fitzpatrtck stated the City does have a need for residential, but realisttcally he didn't th�nk the likel�hood of th�s property develop�ng that way was very great. Mr. Qureshi, City Manager, stated that FMC does not want residential property next to them because of their type of operation. Mr. Tork�ldson stated that FMC was pretty much in favor of th�s proposal for use of the land for park purposes. REGULAR MEETING OF SEPTEMBER 10, 1979 PAGE 9 Councilwoman Moses �ndicated she hated to see the housing el�minated, 6ui realized FMC did not want residential on this property. Mayor Nee stated the County is requesting concurrence by the City with their proposed plar. MOTION by Councilman Fitzpatrick to concur with the County's plan to acquire the FMC property, through a grant from the Great River Road Project, for park purposes. Seconded by Councilman Barnette. Mr. Qureshi stated they would work with the County regardtng joint agreements for the County to pay the City for providrng fire and other such services to them. CouncTlwoman Moses stated her only other concern was feedback from the residents of Fridley. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the mot�on carried unam mously. ADJOURNMENT. MOTION by Councilman Schneider to ad,7ourn the meeting. 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 September 10, 1979 ad�ourned at 9:22 P.M. Respectfully submitted, ..�:t. �, �- ��.�,�.� Carole Haddad Secy. to the City Council Approved 9/24/79 ��'� ,�� yi..�.� William Nee Mayor , 1 ,