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11/05/1979 - 00013684� � I� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 5, 1979 The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and aud�ence in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT: APPROVAL OF MINUTES Councilman Barnette, Councilman Schneider, Mayor Nee, Councilwoman Moses and Councilman Fitzpatrick None PUBLIC HEARING MEETING, OCTOBERI5. 1979 MOTION by Counc�lwoman Moses to appruve the m�nutes as presented. Seconded by Councilman Barnette L�pon a voice vote, all vot�ng aye, Mayor Nee de- clared the motion carried una m mously. REGULAR MEETING. OCTOBER 22, 1979: MOTION by Councilman Schneider to approve the minutes as presented. Seconded 6y Councilman Fitzpatrick Upon a votce vote, all voting aye, Mayor Nee de- clared the motion carr�ed unanimously ADOPTION OF AGEN�A� Councilman Barnette requested an item be added at the end of the agenda, as follows• "Consideration of Reimbursement to Participants in the Last Ward Election" MOTION by Councilman Barnette to adopt the agenda as amended. Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor Nee de- clared the motton carried unanimously. OPEN FORUM, VISITORS: Mr. Robert Schroer, 490 Rice Creek Blvd., appeared before the Council re- garding a Christmas tree light of peace He stated one of the Board of Directors for the Stster City Program came up with the �dea of a ltghted Christmas tree in the City, in con,7unction w�th the City of Fourmies, France. Mr. Schroer stated Dr. Boudreau had been contacted and he suggested having the tree at the City Hall and call it the Chr�stmas tree light of peace and at the time Fridley's tree is lit to have the Sister C+ty of Fr�dley, Fourmies, France also light a tree at the same time Mr Schroer stated he was here this evening to request permission to use the spruce tree in Eisenhower Square and also to ask the C�ty to furnish the electricity and some bulbs for this tree He stated they do have people who will asstst in putting the lights on the tree and thought possible a timer could be put on the lights in order to conserve energy Mr. Schroer also reminded the Council of the wine and cheese tasting party this Wednesday evening at 7:30 p.m. at the Caballero He stated there would be a presentation from people that have visited Fourmies, France. MOTION by Councilman Fitzpatrick to direct the Park Llepartment to cooperate w�th the Sister City organ�zatton to provide a tree in Eisenhower Square and to author�ze the purchase of bulbs for this tree out of the Gouncil's budget Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unam mously. OLD BUSINESS. I�ERATION OF APPOINTMENT TO HUMAN RESdURCES COMMISSION (TABLED OCT06ER 22 REGULAR MEETING OF NOVEMBER 5, 1979 Page 2 MOTION by Councilwoman Moses to table this item to the next regular meeting. Seconded by Councilinan F�tzpatrick. Councilwoman P�oses felt notices should be circulated to some of the organi- zations so they are aware of the vacancy. Mr. Qureshi, City Manager, stated the City would be doing this shortly be- cause terms for certain mem6ers on almost all commiss�ons will be expiring on 4/1/80 and there will be vacancies for next year. He stated, however, this appointment is basically for six months. He stated the City would start the publicity at the begimm �g of the year. Councilwoman Moses asked if P1r Qureshi was suggesting this item be tabled until the beginning of the year. Councilman Schneider stated he thought the Human Resources Commission may be having a problem of obtaining a quorum for thetr meetings. Councilwoman Moses stated she felt then that a letter should be circulated to the organizations th�s month. Mr. Qureshi felt it shoudn't be limited to orga m zations, but wanted to pro- vide exposure to all residents to participate. Councilwoman Moses suggested advertising on the City's billboard. Councilman Fitzpatr�ck felt they wouldn't want to set a precedent of using the billboard every time they have a vacancy. Councilman Schneider felt the persons who have shown an interest should be contacted to see if they are still interested in appointment. He stated, he felt, they could use the billboard to publicize the vacancies that will be coming up for the next terms. UPON A vOICE vOTE TAKEN DN THE ABOVE MOTION, all voted aye, and P1ayor Nee declared the motion carried unanimously. ORDINANCE N0. 704 AMENDING CHAPTER 11, SECTION 11.10 OF FRI�LEY CITY CODE RELATING TO FEES MULTIPLE DWELLINGS): MOTION by Councilwoman Moses to waive the second reading of Ordinance No. 704 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Councilman Schneider questioned when it would be appropriate to take action regarding how to handle the overpayment of fees. Mr. Brunsell, City Clerk, felt �t would be easier to refund the money of persons who have paid the higher fee and to send them a letter explaining why they were receiv�ng the refund. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. MOTION by Councilman Schneider to direct that anyone, who has paid a higher fee and would now qualtfy for a lower fee, under this ordinance, be sent a refund, as soon as the ordinance goes into effect, Seconded bp Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed una m mously. NEW BUSINESS• CONSIDERATION OF AN OR�INANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE MOTION by Councilman Schneider to waive the read�ng and approve the ordin- ance upon ftrst reading. Seconded by Counc�lman Barnette. Councilman Schneider felt �t was timely, at this particular point, that the C�ty address the problems related to energy. Councilwoman Moses stated she felt more and more comfortable with the idea of establishtng an Energy Commission. � , , � II I La � REGULAR MEETING OF NOVEMBEf� 5, 1979 Page 3 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously RECEIUING THE PLANNING COMMISSION MINUTES OF OCTOBER 24. 1 CONSIDERATION OF LOT SPLIT REQUEST, LS #79-04 BY EDWP.RD T. BAULER, 1420 RICE CREEK RDAD: Mayor Nee stated the Plam m �g Commisston has recommended denial of this lot split. Councilman Barnette stated Mr. Bauler was presented with some alternatives and tended to re�ect all of them. Mr. Boardman, City Planner, stated Mr. Bauler was present when the Planntng Commtssion made the�r recommendation and latd out the reasons for recommend- ing denial. He stated Mr. Bauler d�d not want to proceed with any of the alternatives. P9ayor Nee asked if staff was doing any work to provide leadership in this area. Mr. Boardman stated staff has talked w�th several people who have asked about the possibilities of lot splits. He stated these would involve properties closest to Old Central and �ndicated that development hasn't been promoted. Councilman Schneider stated he would have to concur with the Planning Com- mission's recommmendation for denial of the lot split, as it would create a lot which is not up to standard. Councilman Schneider stated he felt there were a lot of plans that he didn't feel the neighborhood wanted at this point of time Councilman Fitzpatrick stated the overriding considerat�on is, Zf they grant the lot split, it creates a sub-standard lot Councilman Schnetder stated the reason Mr. Bauler requested the lot split was because his nei9hbor wishes to purchase th�s property for use as a tennis court He stated he recognizes, however, that once the lot is spl�t, some- one could come in and ask for a 6uild�ng perm�t Counctlman Fttzpatrick stated there are no provisions, however, to create lots for the purpose of a tennis court. Mr. Herrtck, City Attorney, stated he supposed if the sole purpose of the lot spl�t was for someth�ng other than a residence and the Council felt very strongly that this should be passed, it may be possible to come up with a mutual agreement that would be f�led with the deeds of the lots indicating the lot spl�t was approved, but that it was not buildable and no building permits would be issued wtthout a variance. Councilman Schneider felt it was a sad situation because h1r. Bauler was sin- cere in his efforts to sell off some of the property to cover some of the costs of inedical bills in his fam�ly and the neighbor wants this property for a tenn�s court. Mr Herr�ck stated if Mr. Bauler had considered the possibil�ty of a long term lease. ' Councilman Barnette stated, in the last conversations he had w�th Mr Bauler, he was going to talk with his neighbor about the possib�lity of leasing. MOTION by Councilman Schne�der to concur w�th the recommendation of the Plam m �g Comm�ssion and deny LS ?f79-04, as filed by Mr. Edward Bauler Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I�ERATION OF LOT SPLIT REQUEST MISSISSIPPI STREET: `79-07 6Y WALLACE L. LARSON Mayor Nee stated the Planning Commission has recommended approval of this lat split. REGULAR MEETING OF NOVEMBER 5, 1979 Page 4 Mr. Boardman, City Planner, stated that the survey shows that the curb line on Mississippt Street is on Mr. Larson's land. Mr. Qureshi, City Manager, questioned how the lot got split in the first place. Mr. Larson, the pet�tioner, stated his father had sold off the South half and then bought back a portion. He pointed out on the map where he wished the lot to be split. Mr. Boardman, City Planner, stated the Planning Commission recommended � that all the necessary easements be provided for drainage and ut�7�ties. Mr. Qureshi stated there is still room for the road r�ght-of-way and Council could grant the lot sp1Tt subject to getting the easement, if necessary, for utilities and road r�ght-of-way on Mississ�ppi Street, and payment of the park fee plus drainage fee, and water and sewer lateral charges, if they haven't been assessed. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant LS #,79-07, as filed by Mr. Wallace Larson, with the followin9 st�pulat�ons (1) If, in fact, there is a right-of- way problem, that the easement be 9ranted, (2) That utility easements be granted, (3) That a$500 park fee be pa�d; (4) That a storm sewer and drainage fee be paid, and (5) That Mr. Larson be aware of the potential of water and sewer assessments. Seconded by Councilwoman f�1oses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unani- mously. MOTION by Councilman F�tzpatrick to receive the minutes of the Planning Commission Meeting of Dctober 24, 1979 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEI�ING CATV COMMISSION MINUTES OF OCTOBER 11, 1979: , MOTION by Councilwoman Moses to receive the minutes of the October 11, 1979 Cable Television Commission Meeting. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unantmously Councilwoman Moses stated there seemed to 6e some concern over the five percent paid for public access and asked tf tt was agree this would be turned over for the Pu61ic Access Coordinator. Mayor Nee stated the City has an obligation to use these funds for purposes of cable televis�on and not necessarily for the Access Coordinator. He stated he hoped, however, they could give the workshop a fair amount. RECEIVING POLICE CIVIL SERVICE COMMISSION MINUTES OF OCTOBER 22, 1979: MOTION by Counctlman Barnette to receive the minutes of the October 22, 1979 Police Civil Serv�ce Commission Meeting, Seconded by Councilman Schneider. Councilman Schneider asked about the �oint venture with Bloomington. Mr. Quresh�, City Manager, stated there is a new Suburban Police Recru�t- ment System which the City could join for recruitment of Pol�ce Off�cers He stated standards have been developed and an extensive process gone ' through to develop a va17d testing. He stated Bloomington has been selected to conduct the final portion which is a field test. Mayor Nee stated he couldn't tell if the Commission members had examined whether or not it is open to females. Councilman Schneider asked what qualifications must be met for persons to take the test Mr. Qureshi stated certa�n mim mum criter�a has to be met and indicated he would give further information to the Council. Mr. Herr�ck, City Attorney, stated he talked briefly with Jim Hill, Public Safety Director, regarding this item and wondered if there would be any problems �n dealing with Bloomington. He stated that the City of Bloomington was sued and, he believed, the case went to the Supr�me Court by a wom�n � {�i REGULAR MEETING OF NOVEMBER 5, 1979 Page 5 challeng�ng their past hiring practices. He felt, therefore, Bloomington's �nterest would be ,7ust as great as Fr�dley's in getting qualified persons going through this program. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIyING PETITION N0. 13-1979 REQUESTING STOP SIGN ON THE CORNERS OF SQUIRE nnnir nni� rnnnri nT i nnir ' MOTION by Councilman Schneider to receive the petition and direct staff to prepare further �nformation and a recommendation. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESOLUTION N0. 120-1979 RELATING TO $1,000,000 INDUSTRIAL DEVELOPMENT Mr. Herr�ck, City Attorney, stated he has examined the documents and d�dn't see any pro6lems with them. MOTION by Councilman Schne�der to adopt Resolution No. 120-1979. Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21-1979 CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA Mr. Simer, representing Simer Pump Company, appeared before the Counc�l regarding the issuance of a$700,000 industr�al revenue bond for expan- sion of their facilities. � Mr. Simer stated their company moved to Fridley in 1971 and are located at 5960 Main Street. He stated the business has been expanding at a much faster rate than they can develop space, and they have outgrown their fa- cility of 33,000 square feet He stated they have a short term lease to rent warehouse space tn Brooklyn Center. He stated their proposal is to build a new warehouse cons�sting of approximately 22,000 square feet and to add four truck docks. He stated, �n order to accomplish th�s, it would 6e necessary to expand the�r parking. He stated he felt the expansion should give them enough space to accommodate their useage for three to five years He stated, by this time, they may consider another warehouse in another State to better serve their customers on the coast. Mr. Simer stated they presently employ 135 persons and expect to have 160 employees 6y January and, with the expans�on, expect to be employing 250 persons over the nexi few years. Mr. Simer also explained, with the expansion, there would need to 6e some retnforcing of the roof to handle the snow loads, additional work in the parking lot and some additional landscaping He explained it is antic�pated the cost would be somewhere between $550,000 to $600,000, and they are, therefore, requesiing $700�;000 in industrial revenue bonds, to make sure they have an adequate amount. MOTION by Councilman Fitzpatrick to adopt Resolution No 121-1979, and � set the public hear�ny for December 3, 1979 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPLI - COMMUNITY CRIME MOTION by Councilman Schneider to adopt Resolution No. 122-1979 Seconded by Councilman Barnette. Upen a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. REGULAR MEETING OF NOVEMBER 5, 1979 PAGE 6 RESOL�TION N0. 123-1979 AUTHORIZING TRANSFERS FROM THE PUBLIC UTILITY FUN� AND TNE REVOLVING FUND TO WATER WORKS IMPROVEMENT BOND FUfJD, WATER REFUNDING BONDS OF 1975 FUN�, AND SPECIAL ASSESSMENTS REFUNDING BONDS OF 1964. MOTION by Councilman Fitzpatr�ck to adopt Resolution No 123-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 124-1979 ADVERTISING FOR BIDS - ANIMAL CONTROL• MOTION by Counc�lwoman Moses to adopt Resolut�on No. 124-1979. Seconded by Councilman Schnetder Counc�lman Fitzpatrick stated he trusted they have described what serv7ces they want so that they don't get �n the pos�tion, as �n the past, where they had two different offers for two different services. Mr. Qureshi, City Manager, stated they are only given one choice so it is clearly laid out what serv�ces the City is request�ng UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the mot�on carried una m mously. UTION N0. 125-1979 ORDERING PRELIMIPdARY PLANS, SPECIFICATIONS AND ATES OF THE COSTS THEREOF: STREET, WATER, SANITARY SEWER AN� STO MOTI�N 6y Councilman Schneider to adopt Resolutlon No. 125-1979 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee de- clared the motton carried unanimously. RESOLUTION N0. 126-1979 RECIEVING THE PRELIMINARY REPORT AND CALLING MOTION by Councilman Schneider to adopt Resolution No. 126-1979. Seconded by Councilman Barnette llpon a votce vote, all voting aye, P9ayor Nee de- clared the motion carr�ed unanimously. 2ESOLUTION N0. 127-1979 APPROVING ALI iECTIONS FOR EAST RIVER ROAD, CHARLE GRADES AND CROSS- MOTION by Councilman Schneider to adopt Resolutton No. 127-1979. Seconded by Councilwoman Moses. Councilwoman Ploses asked if she could see the plans, since th�s was the improvement that had received opposition by the residents. Mr. Qureshi, City Manager, reviewed the drawing and ind�cated there will be some plantings and vines on existing fences. He stated colored concrete or rock would be provided in the inside islands in order to make it aestheti- cally pleasing Mr. Qureshi, City Manager, stated there are three propert�es which would be seriously affected and retaining wal1s will be provided. He felt they were doing everything humanly possible to lessen the impact. Counc�lwoman Moses questioned if they were approving, at this time, the proceeding by the County for this improvement. Mayor Nee stated the resolution covers the alignments, the grades and �he plans. Councilman 6arnette stated there was a large group of people who weren't happy about the improvement. Councilman FitzpatricN felt what they are looktng at here doesn't make anything worse than it already is and, hopefully, it will make tt better by the improvement. � � � � � REGULAR MEETING OF NOVEMBER 5, 1979 PAGE 7 Mayor Nee stated he felt the staff went all out to reduce the negative as�ects. , _ uPON A UOICE VOTE TAKEN ON THE ABOUE MOTIOPI, Councilman Schneider, Council- man Fitzpatrick, Mayor PJee and Councilwoinan Moses voted in favor of the resolution. Councilman Barnette voted against the resolution. Mayor Nee declared the motion carried by a 4 to 1 vote. ESTIMATES: MOTION by Councilwoman Moses to approve the estimates as submitted Halvorson Constructton 4227 - 165th Avenue N.E. Wyoming, MN 55092 Partial Estimate #10 - 1979 Miscellaneous Curb and Gutter Contract Smith, Juster, Feikema, Malmom R Haskvitz, Attorneys at Law 1250 Bu�lders Exchange Bldg. Minneapolis, MN 55402 For legal servtces rendered as Prosecutor during October 1979 $2,160.00 �2,580.00 The motion was seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES P10TION by Councilman Schneider to approve the licenses as subbmitted and as on file in the License Clerk's Office Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schnetder to authorize payment of Claims No. 28512 through 304W06. Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF REIMBURSEMENT TO PARTICIPANTS IN THE LAST WARD ELECTION: MOTION by Councilman Barnette that the City, under the provis�ons of Chapter 90 of the Minnesota State Statutes, and on the advtce of the City Attorney, reimburse the two participants of the past ward race in the amount of $500 each for expenses incurred in the recount process This recouni being in the best interests of the City. Seconded by Councilman Fitzpatrick, Upon a votce vote, all voting aye, Mayor Nee declared the mot�on carried unan- imously. ADJOURNMENT MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Council- man F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the Regular Meetin9 of the Fridley City Council of November 5, 1979 ad�ourned at 8:45 p.m � Respectfully submitted, .P�, : �- ��� Carole Haddad Secy. to the City Council Approved. C�i�`�l�"� �� ; William J. e Mayor