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02/04/1980 - 00013606TNE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY CQllNCIL OF FEBRUARY 4, 1980 The Regular Meeting of the Fridley City Council was called to order at 7:38 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: Councilman Barnette, Councilman Schneider, Mayor Nee, Counctlwoman Moses and Councilman Fitzpatrick MEMBERS ABSENT None APPROVAL OF MINUTES: PUBLIC HEARING MEETING, JANUARY 14, 1950: MOTION by Councilwoman Moses to approve the minutes as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. REGULAR PIEETING, JANUARY 21, 198D: MOTION by Councilman Schneider to approve the minutes as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vottng aye, Mayor Nee declared the mot�on carrted unam mously. ADDPTION OF AGENDA MOTION by Councilman Fitzpatrick to adopt the agenda as presented. Seconded , by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. �PEN FORUM, VISITORS: There was no response from the audience under this item of business OLD BUSINESS ORDINANCE N0. 706 AMENDING CERTAtN SECTIONS OF THE CATU OR�INANCE, CHAPTER 405: MOTION by Councilman Fttzpatrick to waive the second reading of Ord�nance PJo. 706 and adopt it on the second reading and publish Seconded by Councilman Schne�der Mr. Qureshi, Ctty Manager, stated these ord mance amendments would be incorporated into the extsting ordinance and there is the question whether the name of the company should appear as General Television or Northern Cable Television, when the ordinance is codifi ed. Mayor Nee stated, techm cally, he believed the corporate name �s still General Television, but they are doing business as Northern P1r. Herrick, City Attorney, felt this matter should be researched by staff so the correct name is inserted into the Codification He felt th�s would be � a housekeeping function and Council could authorize the insertion of the proper legal name. Mr. Herrick stated the Council could separate the processes in order to have the final readingon the ordinance amendments this evening and consider the codification oF the ordinance at the next meeting. p "( � REGULAR MEETING OF FEBRUARY 4, 1980 PAGE 2 MOTTON by Councilman Fitzpati°ick that the piroper legal name of the franch7se holder be incorporated �nto the cotlification Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously Mayor Nee requested staff to bring the matter of cod�fication of the ordinance to the Council at the next meeting, CONSIDERATION OF APPOINTNIENTS TO CITY COMMISSIONS (TABLED �ANUARY 21, 1980): COMMUNITY DEVELOPMENT COMMISSION: Mayor Plee stated both Connie Modig and Sharon Gustafson have indicated they would be interested in reappointment to the Commission. MDTION by Councilman Schnetder to reappoint Connie Modig to the Community Development Commission to the term ending April 1, 1983. Seconded by Councilman F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to reappoint Sharon Gustafson to the Community �evelopment Commission to the term endtn9 April 1, 1983 Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PARKS AND RECREATION COP�MISSION: P10TION by Counc�lman Barnette to nominate Bo6 Peterson for appointment to the Parks and Recreation Commission. Seconded by Councilman Fitzpatrick. MOTION by Councilman Schneider to nom�nate Dan Allen for appointment to the Parks and Recreation Commission. Seconded by Councilwoman Moses. There being no further nominations, the nominations were then closed. MOTION by Councilman Fitzpatrick to table the vote on these nominees to the next meet9ng. Seconded by Counc7lman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to reappoint Dick Young to the Parks and Recreation Commission to the tei°m ending April 1, 1983. Seconded by Councllman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. APPEALS COMMISSION: MOTION 6y Councilman Barnette to reappoint James Plemel to the Appeals Commission to the term ending April 1, 1983. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. ENVIRONMENTAL QUALITY COMMISSION: MOTION by Councilwoman P4oses to reappoint Bruce Peterson to the Environmental Quality Commission to the term ending Apr�l 1, 1983 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Councilman Schne�der stated that Connie Metcalf did not want to be considered for reappointment. He felt there were many excellent candidates, but hasn't had the opportunity to speak with them. MOTION by Councilman Schneider to ta61e this appo�ntment to the Env�ronmental Quality Commission to the next meeting Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan� imously � , , � � �1 � �5 REGULAR MEETING OF FEBRUARY 4, 1980 HUMAfd RE50URCES CDMMISSION PAGE 3 The Council noted that Marlyis Carpenter was not interested in reappointment to the Comm�ssion MOTION by Councilwoman Moses to appoint Jane Noble to the Human Resources Commission to the term ending April l, 1983 Seconded by Councilman Fitzpatrick. There being no further nominations, a voice vote was taken on the above motion, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to reappoint Wayne Welch to the Human Resources Commission to the term ending April 1, 1983. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously. ENERGY COMMISSION Councilwoman Moses stateci she has received a resume from Dick Roback wh�ch is very �mpressive, however, she already has given her support to another person interested in appointment. MOTION by Councilman Schneider to appoint �erry Ctchosz to the Energy Commission to the term end�ng April 1, 1981. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously. CABLE TELEVISION COMMISSION: MOTION by Councilman Schneider to table the appointment to this Commission un- t�l the next meeting. Seconded by Councilwoman Mosses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HOUSING AN� REDEVELOPMENT AUTH�RITY: Mayor Nee stated he would reappotnt Carolyn Svendsen to the Housing Authority and requested concurrence by the Council MOTION by Councilman Fitzpatrick to concur with the Mayor's appointment of Carolyn Svendsen to the Housing and Redevelopment Authority to the term end�ng June 9, 1985 Seconded by Councilwoman Moses Upon a voice vote, all voting aye, Mayor Nee declared the motlon carried una m mously. POLICE COMMISSION MOTION by Councilman Schneider to reappoint Jean Schell to the Police Commission to the term ending April l, 1983. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION DF A RESOLUTION FOR INITIAL APPROVAL OF OFFICIAL DRAFT Counc�lman Schnetder stated tn the Land Use Section under Ob,7ective 4, Paragraph 5, the word "undeveloped" should be inserted before the word "residential" MOTION by Councilman Schneider to amend the Land Use Section, Ob�ective 4, Paragraph 5, by inserting the word "undeveloped" rn front of the uiord "residential" Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. Councilman Schneider stated on Page 6 of the Housing Section, Ob�ective 3, Policy la, the word "State" should be inserted. r �i REGULAR MEETING OF FEBRUARY 4, 1980 PAGE 4 MOTION by Councilman Schneider to insert the word °State" before the word "legislation'' on Page 6 of the Housing Sect�on, Db�ective 3, Policy la. Seconded by Councilwoman Moses Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously, Mayor Nee stated he would like to delete the reference to condomin�um convers�ons, as shown on Page 4 of the Hous�ng Section Mr Boardman, City Planner, stated tf he was referrring to Paragraph D, he didn't see any pro6lem with eTiminating this paragraph. MOTION by Councilman Barnette to eliminate Policy ld on Page 4 of the Housin9 Section. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously. Councilman Schneider stated his concern �s if someone would try to convert to condominiums without notifying the City. Mr. Nerrick, City Attorney, stated there are some State laws governing this matter and he would get a report to the Counctl. He stated, if the Council feels there is some immediate concern, the ordtnance couid be amended to indicate that any conversion of existing units would have to meet the re- quirements of the townhouse ordinance and State statutes that are applicable. H.. pointed out this would be a short-term solution until a 6etter policy is developed. Councilman Schneider felt the criteria should be included in the plan which would �ndicate under what conditions the City would consider potential housing sites for those areas marked as such and zoned M-1, M-2 and C-3. MOTION by Councilman Schneider to amend the Housing Sect�on by inserttng a new policy which would dellneate the crTteria for issuance of a specTal use permit for housing presently in those areas that are marked as housing potentials and zoned M-1, M-2 antl C-3. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. Councilman Schneider referred to Page n of the Housing Section, Ob,7ective 2 and the italtc�zed material regard�ng reference to 2,300 additional housing umts. Mr. Boardman, C�ty Planner, stated by putting in this figure they are saying there seems to be a need for that number of units, but didn't know if this could be accomplished. Mr Herrick, City Attorney, asked about a statement to the effect that it is pro,7ected the City will need a substantial number of additional housing uniis in the next ten years, Mr. Boardman stated he didn't see any problem with that approach. f;r. Herrick felt if they are simply talking about goals, it probably should be �n more general, rather than specific terms. Mr. Boardman stated what the Metropolitan Council will be primarily interested in is how the C�ty 7s going to implement the plan. MOTION by Councilman Schneider to eliminate the 2,3D0 figure on Page 4 of the Housing Section, Ob�ective 2, and su6stitute the words "a substantial number of addit�onal housing units". Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declareU the mot�on carried unanimously. Councilman Fitzpatrick stated if the map shows certain industrial and commercial areas as potential residential uses, he felt the Council was committing them- selves to the extent that the owners could demand residential use only by a special use permit proceeding ' , , �r .; REGULAR MEETING OF FEBRUARY 4, 1980 PAGE 5 Mr. Herrick stated if the Council adopied this plan and the map and included the criterta'that certain industrial and commerctal zoned land could be used for potential residential, if it was adjacent to residential and parks and a mim mum of 10 acres, and �t met other criteria as far as density, etc., the Council would have a difftcult time to turn down a request from the owner of these parcels who want tt for residential use. He stated the burden of proof as to why the special use perm�t should not be granted would 6e on the City Councilman Fitzpatrick stated it seems to him they would be abridging the rezoning process tn those areas. He stated the problem he has �s that if � you have a restdential neighborhood contiguous to �ndustrial land, the feeling may 6e it would be the lesser of two evils if it was developed as multiple He stated, however, th�s might not necessarlly be the case �n some instances and residents may prefer �ndustrial to multiple uses. Mr. Qureshi, City Manager, stated, at this t�me, they are considering only potential areas. He stated, if it ts zoned heavy �ndustrial, residents may prefer multiple over this type of industry. Mr Herrick felt tf there are any of those propert�es shown on the map which might be questionable, they probably should be removed at this time and could be added at a later date, if the Council so wtshed. Mr. Boardman stated he didn't see where the special use permit was precluding public input. He stated, if the Council wtshed to deny a special use permit, they would have to give a reason for dem al and all this process does �s put the burden for denial on the Council. Mr. Herrick asked if the map wasn't tncluded as part of the Comprehensive Plan, 6ut presented s�mply as a document that shows potential sites for housing so the City is not bound by making this part of the plan, if this would be acceptable. Mr. Boardman stated the Metropolitan Council will ask why it isn't incorporated ' into the Comprehensive Plan as potent�al housing sites �s a key document they want in the p1an. Mr. Herrlck felt poss�bly znstead of talking about special use perm�ts, it should be indicated that these are properties that may be considered for rezoning for future housing development. Counc�lman Fitzpatrick stated he felt, even with the above proposal, the Council has pre,7udiced their case, to some extent, but not as much as ,7ust requiring a special use permit Mayor Nee stated he felt all the Council members wish to consider the expressions of neighboring property owners in regard to these parcels Mr. Boardman stated he doesn't have any problems if the Council wishes to con- sider it as a rezoning. Mr. Herrick felt, tf criteria is gotng to be listed, whether �t be for a special use perm�t or rezoning, there should be a general statement regard�ng the crtteria the Council may consider, but to indicate the listing is noi conclusive. Mr Qureshi, City Manager, felt a statement could 6e made to the effect the City would consider those areas for potential rezo m ng to residential through the rezoning process. The staff is to incorporate the amendments and items of d�s- cussion and bring this back to the Council � MOTION by Councilman Barnette to table this item to the next meeting. Seconded by Councilman Schneider. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. %V� REGULAR MEETING OF FEBRUARY 4, 1980 NEW BUSINESS. RECEIVING PLANNING COMMISSION MINUTES OF JANUARY 23, 1980� GAS ALLOWANCE REQUEST PAGE 6 Mr. Quresh�, City Manager, stated a request has been made by the Commission for a gas allowance. He stated he would like guidelines from the Council on whether they wished to pay for actual out-of-pocket expenses or to provide a flat rate It was the consensus of the Council that Commission members should be reimbursed for out-of-pocket expenses. Mr. Qureshi stated he would research further and report back to the Council. MOTION by Councilman Schneider to receive the minutes of the Plamm �g Commission Meeting of January 23, 198�. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CONSI�ERATION OF SIGN PLAN CHANGE FOR HOLLY CENTER• Mr. Qureshi, C�ty Manager, stated originally the plan for the signs at Holly Center was to keep all the heights at 44 inches They are now request�ng a change so they can vary the height four �nches �bove or below th�s number MOTION by Councilwoman Moses to approve the s�gn plan change for Holly Center. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motior carried unanimously. CONSIDERATION OF APPROVAL OF BIDS FOR TRAFFIC SIGNALS AT UNIVERSITY AvENUE AND cnrii nvrninr. MOTION by Councilwoman Moses to concur with awarding the contract for the traffic signal at University and 69th Avenue to the low bidder, Egan McKay Electrical Contractors, Inc Seconded 6y Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried una m mously. RESOLUTION PJO. 8-1980 DETERMINIfJG THE NECESSITY FOR AND AUTHORIZING THE Councilman Fitzpatr�ck stated, if the road is constructed on Ashton, there was some question if the railroad property could be assessed. Mr, Herrick, C�ty Attorney, stated the Ctty would have to establ�sh testimony that the value of their property was increased by at least the amount of the proposed assessment. He stated an assessor or appraiser would have to review the property and appraise it before the road was constructed and then appraise it, after construct�on Councilman Fitzpatrick stated this request comes partly from the residents in the area, but they have made it clear they don't want to pay the entire cost for the road. P1r Herrick quest�oned if the City wanted some estimates as to the value, be- fore and after a road is constructed, in order to determ�ne if an assessment can be sustained before they proceed. He felt this wou7d be the safe dp- proach since this probably would have to be done eventudlly. Mr. Qureshi, City Manager, felt there should be some concensus that these �mprovements are needed to prov�de double access in this area, and if the cost is not sustained against the railroad property, there may have to be other sources of funding He stated the C�ty has tried to negot�ate wtth the ra�lroad, but w�thout success and it possibly wil7 end up w�th acquisition by eminent domain � � L J � 1 � REGULAR MEETING OF FEBRUARY 4, 1980 PAGE 7 Mayor Nee stated if they expect traffic to proceed down to the stop light,the improvement would have to be made Councilman Fitzpatrick questioned if a motion was needed regarding the information from Mr. Herrick. Mr Qureshi felt staff had the consensus on how the Council wished them to proceed. MOTION hy Councilman Fitzpatrick to adopt Resolution No. 8-1980 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrled unanimously. CONSIDERATION OF A RESOLUTION REOUESTING THE POSTING OF "NO PARKING" Councilman 5chneider indicated he has not had an opportunity to talk with residents living in this area regarding the "no parking" signs. Mr. Quresh� felt action could be tabled on this resolution in order that Councilman Schneider may have an opportunity to contact the residents. MOTION by Councilmdn 5chneider to table action on this resolution. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. CONSI�ERATION OF PERMIT FOR BANK STABILIZATION PROJECT, MINNEAPOLIS WATER WORKS : Mr. Qureshi, City Manager, stated it is recommended the permit be approved and that staff would work with them on landscaping and bikeway right-of-way MOTION 6y Councilman Fitzpatrick to authorize the administration to execute the perm�t with the Minneapolis Water Works for the bank stabilization pro- �ect Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT - STORAGE BI Councilman Schneider asked if local companies had been asked to submit bids Mr. Qureshi stated they met the legal requirements to adverttse for the 6ids, however, compa m es weren't solicited to bid Councilman Schneider felt,in the future, �t would be in the best interests of the City to work with companies in the community. MOTION by Councilwoman Moses to receive the bids for the storage bins and award the bid to the low bidder, Stewart Lumber Company Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carrted unanimously. RECEIVING RECOMMENDATION CDNCERNING TRACTOR BIDS FOR PARK DEPARTMENT Mr. Qureshi, C�ty Manager, stated staff feels the bids received were not satisfactory, therefore, it is recommended they be re,7ected and authorization be given to advertise for new bids with more options. MOTION 6y Councilman Fitzpatrick to re�ect the bids for the industrial type tractor and authorize staff to advertise for new b�ds with more options Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. CONSI�ERATION OF CHANGE ORDER N0. 1, IMPRDVEMENT PROJECT NO 12 MOTION by Councilman Schnetder to approve Change Order No 1, Improvement Pro�ect No. 127 to Kenko, Inc. in the amount of $1,110 00 for additional time and materials required to install a 10 inch watermain across 73rd Street at Commerce Lane. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. i� r( J � 73 REGULAR MEETING OF FEBRUARY 4, 1980 APPOINTMENT - CITY EMPLOYEES PAGE 8 M07ION by Councilwoman Moses to concur with the fo7lowing appointments made by the City Manager EFFECTIVE NAME POSITION SALARY DATE REPLACES Conme L. Le�ang 67D0 63rd Ave. PJo. Brooklyn Park, 55428 Bar6ara Z. Hutch�nson 8049 Madision St. N. E. Spring Lake Pk. 55432 Denn�s Tkach 4053 Van Buren St Columbia Heights 55421 Police Officer Police Technician Crime Prevention Special�st $1138 Feb. 4, Month 1980 $ 942 Feb 4, Month 1980 $ 907 Feb. 4, Month 1980 Neil Duncan ' Lori Anderson New Position Funded by Fed/ State Grant Eltzabeth A. Haglin Crime Prevention $ 875 Feb. 4, New Position 5645 Wentworth Ave. S. Specialist Month 1980 Funded by Fed/ Minneapolis, 55419 State Grant Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously CLAIMS: MOTION by Councilwoman Ploses to authorize payment of Claims No. 015776 through 031938. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. 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 TION OF APPROVAL OF MASTER CONTRACT WITH LOCAL 49 UNION COVERING Councilman Barnette noted thts was a two year contract and asked if the pay increase for next year would be the same percentage as this year. Mr. Quresh� stated that is the on7y item to be negotiated next year. MOTION by Councilman Barnette to approve the contract with Local 49 covering public works maintenance and park maintenance employees for 1980 and 1981. Seconded by Councilman Fitzpatrtck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLU7IOPJ N0. 9-1980 SUPPOR7ING THE POSITION OF POLLUTION CONTROL AGENCY PRIORITIES FOR HIGHWAY AND AIRPORT NOISE CONTRQL MOTION by Councilman Fitzpatrick to adopt Resolution No. 9-1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTIOPJ NO 10-1980 APPOINTING A RESPOPlSIBLE AUTHORITY AND ASSIGNING DUTIES IN REFERENCE TO ENFORCEMENT OF GOUERNMENT PRACTICES ACT• MOTION by Councilman Fitzpatrick to adopt Resolution No. 10-1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carr�ed unanimously. I� � REGULAR MEETING OF FE6RUARY 4, 1980 AD�OURNMENT PAGE 9 �7f1 1 � MOTION by Councilman Fitzpatrick to ad�ourn the meeting. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declared the mot7on carried unam mously and the Regular Meet�ng of the Fridley City Council of February 4, 1980 ad�ourned at 10 p m Respectfully submitted, �' �� ,� ����, , Q i � ��-<-~ �_— � / `� / /��r��, ° " Carole Haddad William J.f- ee Secy. to the City Council Mayor Approved February 25, 1980 , �