Loading...
10/06/1980 - 00013420� I i Cli , THE MINUTES DF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 6, 1980 The Regular Pleeting of the Fridley City Council was called to order at 7:35 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience tn tf�e P1edge of Allegiance to the flag, ROLL CALL MEMBERS PRESENT MEMBERS ABSEfdT APPROVAL OF MIfVU'i ES Councilinar� Barnette, Councilman Schneider, Mayor Nee, Councilwoman Moses and Councilman Fitzpatrick NOYIn REGULAR tdEETING, SEPTMEBER 22, 1980: MOTIO!J by Councilman Schneider to approve the minutes as submitted. Seconded by Councilwoma�� Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ADOPIION OF AGENDA Councilman Schne�der asked the following ttem k�e added "Consideration of City Participation �n the League of Mrnnesota Cities' Building". MOTION by Councilman Schneider to adopt the agenda with the above addttion. Seconded by Councilman Fttzpatrick. Upon a voice vote, all vottng aye, Mayor Nee declared the mot�on carried unantmously. OPEN FORI;M, VISTORS: Mr. Carl Paulsor�, 430 57th Place, called to the Council's attention a matter of concern to so many people in the general scale of politics throughout the country, and that ls, they feel they have lost control of government. He stated Iraq tnvaded Iran after a vow 6y Rockefeller of U S help. He stated it really tsn't U. S. help at all, but a second government that is running thts country. He stated in another article it states that Rockefeller blocked a plan to free the U. S. hostages. He stated these are the items that are confr•onting people. He stated he has a lot of information and knows what the pol�ttca��s at°c dorng, fulfi lling B�ble prophecy. He stated to keep this in mind and listan to the politicans and maybe they will vote for Anderson. OLD BUSINESS. OfV FIRMING ASSESSMENT FOR 1980 WATER AND SEWER MAI � Mr. Qureshi, City Manager, stated, tn revtewing the assessments for Mr. Cra6tree's property at 7100 Riverviea� Terrace, or Lots 3 and 4, Block 1, Marion's Terrace Add�tion, they are actually lower than what costs would be today for these services. He felt the $1,000 credit could be �ustified because of the length of the lines. Mayor Nee stated, when the parcel was split, the payment made for laterals was assigned to the credit of Lots 1 and 2 of the new plat and there was no assessment alony the other two lots and thai is the reason they are now be�ng assessed. �, � , � ����i REGULAR MEETING OF OCTOBER 6, 1980 PAGE 2 Mr. Crabtree, 7100 Riverview Terrace, stated they were to be given credit for the addtt�onal run and felt only a part�al credit was given. He stated he was told it was figured out on the basis of �16 a foot, when the actual cost was $27 a foot to run the line, and felt he was entitled to a credit of $1,350, tnstead of $1,000. Mr. Qureshi, City Manager, stated this isn't a typical situation the City would run into and if it is the Council's desire to allow the additional credit, he didn't have any strong feelings one way or the other. , MOTION by Counc�lman Fitzpatrtck to adopt the Resolution No. 102-1980, with the proposed chan9e of allowing a�1,350 credit, instead of the $1,000 credit orig�nally submitted to Lot 3 and to Lot 4, B7ock 1„1arion's Terrace Addition. Seconded by Counc�lman Schneider. Upori a voic� vote, ail voting aye, Mayor Nee declared the inotion carried unanimously. KING A CHANGE IN ZDNIi:G DISTRICTS Councilman F�tzpatrick stated he 6elieved the rezoning, with th� stipulations outlined, would actually benefit the area. He stated, in conjunction with the rezoning, a driveway would be closed off that is close to the intersection and he then reviev�ed Councilman Fitzpatrick stated the Counc�l has before them the recommendation of i.he staff, the Plamm �g Commission and testimony by persons who appeared aY the publ�c hearings. MOTION by Counc�lman Fitzpatrick to waive the second readtng of Ordinance No. 716 and adopt it on the second reading and publish, with the following stipulattons: l. That a 15 Foot bikew�y/rralkway easement be dedicated along Mississippi Street and along East Rtver Road. 2. That landscaping 6e design�d and installed according to City staff � recommendations. 3. That a wood screening fence be coristructed along the east and north property lines. 4. That no damaged cars be parked outside of the screening fence surrounding the parking lot. 5� That the drainage plan and control structures be approved by the City staff 6. That the hours of business be limited to 7:00 a.ra. to 10•00 p.m. Seconded by Councilman Barnette�. MGTION by Councilman Fitzpatrick to receive the correspondence from Mr. fJash's attorney dated September 26 and also receive the memo from the Ctty Attorney dated October 6, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously. Mr. Nerrick, City Attorney, stated it is his interpretation regarding the authority of the Council, that when they are acting to adopt a zoning ordinance or amend a zoning ordinance, they are acting �n a �udicial capacity. He stated the courts have generally stated �t is not the prerogative of the court to substitute its ,7udgment for the �udgment of the Council. Mr. Herrick stated if the Council feels the zoning change would benefit the City in general and, specifi cally, the neighborhood, they have the right to make the change and art�culate the reasons for feeling it would 6e a benefit ' to the publ�c. 1�;� REGULAR MEETING OF OCTOBER 6, 1980 PAGE 3 Mr. Herrick stated it would be his position, if the reasons are sound and there is testimony at the public hearing to support this or factual matters the Council knows to be true, that the court will not substitute their �udgment for the Council's. Mr. Herrick stated the case cited by Mr. Nash's attorney was a case where an o�l company 6rought a declaratory �udgment action to compel a Council to rezone a piece of property and the court stated basically what he has �ust , stated to the Council. Mr. Herrick stated the Counc�l knows the area and they have ta consider the character of the neighborhood and the extsting uses and, whether over a passage of time since the zo m ng Code was adopted, there have been significant changes in the area that would make it reasonable for a change in the zoning. He felt the Council also had to consider whether the proposed use of the property, with the stipulat�ons, evill improve the ex�sting situation. He stated the Counctl should cons7der the advice from the staff, the recommendation of the Planning Commission, and comments whlch were made by the general public at the hearing. Counc�lwoman Moses stated she had a long talk with Mr. Nash last week and in the tnterim, something was proposed that perhaps that area could 6e developed into a tax increment district, wh�ch means P4r. Nash could be relocated and paid for thts relocation. She pointed out Mr. Nash's property ts z_oned R-3 so th�s property and Mr. Christensen's business don't really fit into the neighborhood and felt they were looking at the lesser of two evils. She stated Mr. Nash's home is between apartments and Mr. Christensen's business, w�th superettes located in the immediate area, and there really is not another single family dwelling close to h�m, 5he felt the single fam�ly homes located behind Mr. Nash's property were another neighborhood. Councilman Schneider stated he believed the improvement of Mississippi Street did, in fact, create a difficult situation for Mr. Christensen's property. � Mr Nash, 6509 E. Rtver Road, pointed out Mr. Christensen's property was taken for the street improvement before he bought it. Councilwoman Moses stated the residents of the area were not in favor of apartments and were more favorable to Mr. Christensen's auto body shop then for use of the property for an apartment building. Mr. Nash stated he would have no ob�ection to an apartment building. Counctlman Barnette stated the hearing �s a chance for a person to express himself and, �n Mr. Nash's case, he was sure he feels he is right. He stated, however, he feels Mr. Christensen �s operating a very efficient and well-kept, orderly bus�ness. Hz stated Mr. Nash had asked him the question how he would like the auto body shop next to hts house and he had answered he wouldn't, but stated he would vote in favor of the rezoning, 6ut not without some soul searching. Mayor Nee stated he hoped when the improvements are made, Mr. Nash would feel the auto body shop is a better neighbor, s�nce ttie area will be paved and the vehicles screened. Mr. Nash stated he felt the City was wrong and he will lose a lot of money ftghting it. He stated he felt it was a spot zo m ng. He stated the basic operatton has changed from a gas station to an auto body shop which should have been controlled before this time. � UPOIV A VDICE VOTE TAKEN OPd THE MOTION FOR SECOND READING of Ordinance #716, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. _l� J ii REGULAR MEETING OF OCTOBER 6, 1980 PAGE 4 CONSIDERATION OF SPECIAL USE PERMIT, SP #80-08, TO ALLOW GARAGE FOR STORAGE, REPAIIRS AND SERVICING OF VEHICLES NOT OVER TWO-TON CAPACITY, WITH CONSIDERATION OF ALTERNATIVE, 6501 EAST RIVER R0,4D, CHRISTENSEN AUTO BO�Y TABLE� SEPTEMBER 22, 1980): Mr. Flora, Public Works Director, stated the original request was for a rezor�ing of Lots 21 through 24 of Block 6, Frtdley Park, however, at the Planning Commiss�on hear�ng, it was recommended only Lot 21 by rezoned, wtth a special use permit on the other parcels. Mr Flora stated when this ttem was heard by the Council, the decision was to , rezone two parcels to C-2 and leave the other two parcels as R-3, with a special use permit for parking. He stated what is now before the Council is consid- eration of a spectal use permit to allow parktng on the R-3 lots, in con,7unction w�th the rezoning of the other two lots to C-2. MOTION by Councilman Fitzpatr�ck to grant special use permit, SP �80-08, with the following st�pulations, 1. That a 15 foot 6�keway/walkway easement be dedicated along Mississippi Street and alon9 East River Road. 2. That landscaping be designed and installed according to C�ty staff recommendations. 3 That a wood screening fence be constructed along the east and north property lines. 4. That no damaged cars be parked outside of the screening fence surrounding the parking lot. 5. That the drainage plan and control structures be approved by the City staff. 6. That the hours of business be limited to 7:OD a.m. to 10:00 p.m. Seconded by Councilman Barnette. Mr. Qureshi, City Manager, stated Councilman Fitzpatrick made a comment, when , the rezon�ng was being considered, regarding the access on the corner of this property. Mr. Qureshi stated only two access points would be available to this property, one is the existing driveway to the south and the other access would be in the middle of the parking area and all other access areas would be closed off. UPON A VQICE VOTE TAKEN ON THE AQOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. OP.�INANCE N0. 717 ADOPTING IHE BUDGET FOR FISCAL YEAR 1981: h10TI0N by Counc�lwoman Moses to waive the second reading of the ordinance and adopt ordinance #717 on the second reading and publish. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, t1ayor Nee declared the motion carried unanimously. FIRST READING OF ORDINANCE TO Mr. Flora, Public Works Director, stated a first reading of an ordinance to vacate the streets and alleys in Berlin Addition was given in 1972, however, there was never a second reading of the ordinance. Mr. Flora felt, because , of the t�me lapse, the process should begin again and a public heartng set for November 10, 1980. � \1 � r��! REGULAR MEETING DF OCTOBER 6, 1980 PAGE 5 MOTION by Councilman Fttzpatrick to set a public hearing on this vacatton request for November 10, 1980, Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unam mously. IDN OF FIRST READING OF ORDINANCE AMENDIPJG CHAPTER 205 APPROVING THE orn oi nra. Mr. Flora, Public Works Director, stated a number of ineetings and discussions � were held on the Crttical Area Plan stnce work began on the plan in 1976. He stated the Critical Area Plan was submitted to the Minnesota Environmental Qual�ty Board for their review and they have approved the Plan and there is now a requirement for the City to formally adopt this Plan within 45 days of the Board's approval. Mr. Flora stated the various public hearings have been held and would recommend Council approve the final zoning or implementation portion at this t�me so they can address the Critical Area Plan as a total package with the Comprehensive Plan for the City. Mr. Herrtck, City Attorney, noted ment facility and questioned the near George's in Fridley. one of the excluded uses �s a waste treat- property owned by the Waste Control Commission Mayor Nee felt, if the Critical Area Plan was adopted, this would become a non-conforming use. Mr. Flora stated the C�ty has the responsibil�ty of controlling its portion of the Mtssissippi River Corr�dor and the Metropolttan Council has revievr of the ent�re plan. He stated this Crit�cal Area Plan would be Chapter 205 of the Zoning Code and variances and special uses would apply to this as it does to other sections of the code. Mr. Herrick questioned the wisdom of making reference to Chapter 214 of the � City Code and to Minnesota Regulation NR 79, as shown on Page 6E, because these change all the time and it raises the question if the ordinance would continually have to be revised. He felt it was better not to make the references. Mr. Herrtck questioned the necessity of having such an ordinance stnce there are State regulations covertng this matter. Mr. Flora stated th�s is another area the City has to implement through the Metropolitan Council. Mr. Flora stated this overlay zone doesn't affect any of the zoning within the area, but does address spec�fic reyuirements for any new constructton or any changes in the area. He stated the focus would be on the environmental aspects or requ�rements for the preservation of the M�ssiss�ppi River Corridor and to address certain items to make sure the bluff l�ne and creeks aren't damaged in any way. Mayor Nee stated he feels this involves a lot of people that aren't living close to the river. Counc�lman Fitzpatrick stated he felt the additional cont�°ol is something the property owners don't intend to give the City. Councilman Schne�der asked if property owners in the area were aware this is being considered. Mr. Flora stated publtc hearings were held in 1976 and was sure the property owners were notified. ' Councilman Fitzpatrick felt, as long as they were talking about the defi ned river bank area, then he would agree the hearings over the years covered this area, but whether they covered the area that is described, he would question this item. Lt''✓ REGULAR P+IEETING OF OCTOBER 6, 1980 PAGE 6 Councilman Schneider asked if it wouldn't be possible for someone to make the case that they are not in a Critical Ar•ea and come before the Council and make a request for a rezoning. P1r. Flora stated someone could say these stipula- cior�sd�dn't affect his particular property and apply for variance, but thinks it is established what is in the Crttical Area. Mr. Herrick asked, for instance, if the Islands of Peace land was vacant and the Crit�cal Area Plan was in effect, if the City could build on this land. f4r. Flora stated they probably couldn't, as there would be add�tional restraints an the type of construction. Mr. Herrick felt the staff should take a practical look on what effect these proposals will have on developable property, and if it is going to adversely affect development. Mayor Nee stated his concern �s if homes were destroyed, if the residents could rebuild them. Mr. Quresh�, City Manager, stated the Council could have fi rst readrng on this ordinance and staff woultl check on the vacant properties to show the implicat�ons. He also stated staff would check �nto the legal requirements of the City to have this ordinance and have the City Attorney review it and submit answers to questtons ra�sed, before the second reading of the ordinance. MOTIOi� by Councilman Barnette to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses. Counctlwoman Moses asked if this Critical Area P7an couldn't ,7ust include the plats along the r�ver. Mr. Flora stated the State established a Critical Area and if it is challenged, it would be asking for the lines to be changed in the City. UPOiJ A VOICE VOTE TAKEN ON THE ABOUE MOTION, all voted aye, and Mayor Nee declared the motion carried una m mously. RCCEIVING THE PLANNING COMMISSIOfJ MINUTES OF SEPTEP36ER 24, 1980: IDERAIION OF ,4 REPLAT. PS �80-02 SLRVEY BY MI MOTION by Councilman Schneider to set the public hearing on th�s replat for November 10, 1980. Seconded 6y Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A SPECIAL USE PERMIT, SP �;$Ow10. `f0; �I�LLOW COfJSiRUCTION ORIE F Mr. Flora, Pu61ic Works �irector, stated tl�is is a request for a special use permit to allow construction of a second accessory 6uilding for a detached garage at 811 hhssissippi Street �� be located in the rear of the property. Mr. Flora stated the size of the garage is 24 x 26 feet and when constructed, it would allow access from Jackson Street, rather than Mississippi Street. Mr. Flora stated it was suggested by staff that a 15 foot easement be given for a bikeway/walkway along Miss�ssippi to support the bikeway system along M�ssissippi Street He stated the Plamm �g Commission recommended approval of the spec�al use perm�t, but didn't address the request for the easement in thetr motion. Councilwoman Moses d�dn't feel it would be appropriate to take an easement from one property, when you may never get another easement and may never have a btkeway/walkway there. , ' 1 .? (� �, REGULAR MEETING OF OCTOBER 6, 1980 PAGE 7 Mayor Nee asked, in this area, if any other easements were acquired. Mr. Quresh� stated the City has easements in the Village Green area and is currently working with Hayes School for an easement on that property. Mayor Nee stated he felt this easement shouldn't be tied to the building permit. l,ouncilman Schneider stated he also shared the concern of the Planning � Commisston in tying these two matters together. Ms. Coulson was not present at this meeting. Councilwoman Moses asked �f the applicant had plans for the present garage. Mr. Flora stated there was no requirement at this t�me that she does something w�th the existing garage. MOTION by Councilwoman Moses to grant special use permit, SP �80-1D, to allow construct�on of a second accessory building (detached garage) at 811 Mississippi Street. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unamisoulsy. CONSIDERATION OF ENVIRONMENTAL WORKSHEET FOR MEDTRONICS DEVELOPMENT: Mr. Flora, Public Works Director, stated thts Environmental Assessment Worksheet (EAW) is the first document to address the env�ronment in regard to construction. He stated the worksheet is essentially used to determine if an env�ronmental impact statement is required. Mr. Flora stated an EAW was prepared for Medtronic for construction on the east portion of thetr property. He stated there is a construction program for several developments and the EAW addresses the entire scope of that construction. � Mr. Flora stated, in the City's review of the EAW, staff did not f�nd any signifi cant adverse impacts relating to the construction. He stated the streets can handle the additional traffic, the buildrngs will meet the requirements, and landscaping will be provided. He stated the impacts that are addressed during the construction process, such as noise and dust, are present tn any construction pro�ect and, therefore, aren't considerEd adverse. Mr. Flora explained the City is to complete the EAW and submit it to the Environmental Quality Board for review and approval. Mr. Mtke Perkins, Corporate Facilities Director of Medtrontc, stated he was not prepared for a full presentation this evening, but did have a number of resource people available to answer questlons regarding the construction pro�ect. Mr. Carl Remick, Architectural Alliance, presented a map showing the�r p�roposed construction pro,7ect. He stated the new construction would essentially be all offi ces with some laboratories and a cafeteria. Councilwoman Moses asked if there was a need for a trafflc signal, would it be on 69th or 73rd. Mr. Warner, of BRW, Inc., stated they did a traffic analysis and didn't thtnk there would be a need for a signal, even in the year 2,000, but there is always thts possibility. � ��;, REGULAR MEETING OF OCTOBER 6, 1980 PAGE 8 Counc�lman Barnette felt any traffic going south to the signals on Htghway 65 and Old Central by Moore Lake would really bc a problem. Mr. Warner stated they looked at th�s area and pro,7ected about 50% of the traffic would be in this direction. He felt the four-way stop at Miss�ss�ppi Street and Old Central and the signal at Old Central and Hi9hway 65 could 6oth handle the additional traffic. Mayor Nee questioned Medtronic's flex time schedule. Mr. Perkins stated there is a certa�n degree of flex time and �t �s something that can be explored ' further. Mayor Nee quest�oned the ponding area and if it was designed to its fullest capabilities. Ms. Nelson, Architectural Alliance, stated it is a detention pond and the flow is mom tored. She stated it would be developed as a fea�ure pond and retain a few feet to add to the aesthetic value. Ptr. Flora stated Medtron�c ts currently working with the Rice Creek Watershed D�strtct to determtne their requirements. Counctlman Schneider asked if signalization was necessary at 69th, wo��ld Medtro m c parttcipate in the cost Mr Perkins stated they would have to look at it at that time and noted, however, there are other businesses contributing to the traffic volume and that would be one of the considerations. Mayor Nee stated the question before the Council now is whether the EAW is sufficient, or if the Council should ask for an environmental impact statement. He stated it is the staff's view the EAW prov�des adequate information for evaluation of the construct�on proposal. Mr. Richard Svana, member of the Planntng Commission and Environmental Quality Commisston, stated at the Planning Commission meeting much of the discussion was centered on the traffic issue. He stated, in rev�ewing a copy of the EAW, he was surprised not to see any discussion at all about the creosote problem. Mr. Svana stated, in discussions before the Environmental Quality Commission � and Plann�ng Commission, members of the Pollut�on Contral Aaency were also present, ai�d following complet�on of the presentations, it was his understanding they were satistfied with the progress made in regard to the creosote problem. He felt the documents and optn�ons rendered by the PCA on the creosote problem shou7d be incorporated w�th the EAW. Mr Flora felt there are two issues tnvolved, the creosote problem and the construction pro,�ect. He stated the creosote problem is being addressed both by the MPCA and the Health Department. He stated they are investigating the soil and water contamination and the type of action to be initiated and methods of removing the hazardous wastes. Mr. Flora explained, as a separate issue, the C�ty is looking at the construction of a building on the property. He pointed out the consideration of the construct- tion ts a�l betng controlled by the MPCA and by the City in the building permit appl�cat�on in con�unction with all agencies involved. Mayor Nee felt what P1r. Svana was saying is people are not being put on notice that there is a creosote problem. Mr. Svana stated he could give this EAW to someone and they wouldn't even know there is a creosote problem. He felt the creosote problem was still a p�ece of the puzzle and even though they won't be excavating into one of the highly contaun nated areas, the problem is st�ll there. , l � �% REGULAR MEETING OF OCTOBER 6, 1980 PAGE 9 Mr. Flora stated the MPCA stated the portion along the railroad tracks had the greatest amount of contaminants within the area, but wasn't large enough to warrant any correction at this time. He stated they are still addressing the ma,7or pollutior source which occurred in the area ovaned by Onan. Mr. Perkins stated the matter of the creosote problem was not approached �n the EAW document. The EAW was, basically, to discuss the construction related �mpacts in regard to notse, traffic, etc. He stated Medtro m c has been involved � with the MCPA and they have given clear designation on the east side of the property, except for some fr�nge areas. Councilwoman Moses asked if they overlooked this matter on purpose. P1r. Perkins stated it was not that way at all and the�r architectural firm prepared the EAW and dealt with the developmental consequences. Mr. Herrick, C�ty Attorney, stated the EAW, in this case, is required because of the size of this particular pro,7ect and, as Mr Perkins indicated, the EAW was designed to meet the rules and criteria that relate to pro,7ects of this size. He stated he dtdn't know 7f it was entirely essential that all the documents be referenced in the EAW, 6ut perhaps that would have eltrm nated the question asked, He stated if the Council is uneasy about the creosote problem not being mentioned, it wouTd be relatively simple to put a footnote in the EAW to say the question of the soil and ground water contamination is not dealt with specifi cally in this document, but dealt w�th �n the documents and e>:h�bits mentioned in the transmittal letL�r �ncl�aded vaith �he EAW. Mr Herrick felt �t was essential the Council is convinced the investigation has been thorou9h and the conclusions sattsfactory, and most important, if censtruction of th�s particular project wtll have any adverse effect on the situatton that exists. Councilman Schneider stated he would concur with Mr. Herrick's comments and in past discussions, clearly the MPCA is on top of the situation and has put � restrictions on the development. He felt Medtron�c has probably gone out of their way to cooperate with the MPCA, however, his question would be what effect there would be if the creosote problem was not mentioned tn the EAW Mr. Herrick stated the ��rector of the Pollution Control Agency is one of the members of the Environmental Quality Board, who would be reviewing the EAW. Mr. Qureshi stated he wanted to alert Medtronic that some improvements on the property will be needed to make sure traff�c is handled adequately and some additional right-of-way may be needed. Counctlman Schneider asked about any dewatering. Mr. Perket stated, at this point, the amount of dewatering is very mim mal. He stated if there would be a change in construction plans, they would have to go back to the MPCA. Mr. Flora pointed out one of the st�pulations in the EAW is that the City be notified of any dewatering. Counc�lman Schneider asked if they would be taking steps to minimize the construction impact. Mr. Remick stated they deftnitely decided against using pil�ng which would be the most disrupttve process. MDTION by Counc�lman Schneider that the City complete the EAW, as recoi�¢nended by the Pu61ic Works Director, and authorize the City Manager to sign the � document and forward it to the Envoronmental Quality [3oard with a transmittal letter mentioning the creosote pro6lem along w�th the description of the documents and exhibits. G�� �� REGULAR MEETING OF OCTOBER 6, 1980 ��_ PAGE 10 Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSIDERATION OF VACATIDN REQUEST, SAU �rBO-09, PETITION #8-1980 MOTION by Counc�lman Fitzpatrick to set the public hearing on this vacation request for November 10, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIOPd OF A VACATION REQUEST, SAV#80-i0, T IPlG MOTION by Councilman Schneider to set the public hearing on this vacation request for November 10, 1980. Seconded by Councilman Barnette. Upon a v m ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CONSIDERATION OF COMMISSION RECOMMEN�ATIO�d FOR FUNDING FOR: CENTRAL CENTER FOR FAMILY RESOURCES, ALEXANDRA HOUSE AND SACA: P1r. Qureshi, City Manager, stated a recommendation is coming from the Human Rosources Commission, through the Plamm �g Corrnmssion, for fundrng of three organizations for a total cost of $10,000. h1r. Qureshi pointed out there were other agencies the Council has funded, however, their names were not submitted so they either didn't request funding or didn't meet the criteria for funding. Mr. Qureshi stated, �f the Council concurs wtth the Commisston's recommendatton, �t would be necessary to cut the total to $9,500, wh�ch was the amount budgeted, or else to obta�n an additional $500 from contingency. Mr,. Flora, Public Works Director, stated the Council last year directed the Human Resources Commission to come up with a method to allocate funds for various requests that were received. He stated requests for funding must be subm�tted by July 1 and only three applications were received by this date. A representative of the Central Center for Famtly Resources presented background material on the number of families served by their agency. She stated the ma,7ority of the referrals come from the three cities that contrtbute to the�r agency, which are Fridley, Spring Lake Park and Blaine. She stated they also received funding from the V.F.W., the Spring Lake Park Lions Club, Medtrom c, Onan, the Jaycees and McDonald's. Mr. Flora stated the request from Alexandra House was to prov�de funds for a film on the Causes and Effects of Fam�ly U�olence. He stated the Human Resources Commisstor d�d not feel it would be proper to supply funding for f�lms, however, recommended $2,5D0 to be used for the service and administration of Alexandra House. Mrs. Pat Brennen, representing SACA (Southern Anoka Community Assistance), stated while she is not associated with Alexandra House, their a9ency was instrumental tn starting it and felt they were doing a lot of good and that �t ts an organizatton which deserves support. Councilman Fitzpatrick stated the recommendation from the Commission is to make a contribution to Alexandra House, for purposes other than an educational film, �n the amount of �2,500. , � , �l}F � REGULAR MEETING OF OCTOBER 6, 1980 PAGE 11 MOTION by Councilman F�tzpatrtck to concur with the recommendation of the Commission to fund the Central Center for Family Resources tn the amount of $5,000, to fund the Alexandra House in the amount of $2,500; and to fund the Southern Anoka Gommuntty Assistance Agency in the amount of $2,500. Further, to authorixe the transfer of $500 from the contingency to make up the difference from the $9,500 which was budgeted Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING APPEALS COMMISSION MINUTES OF SEPTEMBER 16, 1980: FOR 1/ARIANCES TO REDUCE REAR YARD SETQACK TO ALLOW Mr. Flora, Publ�c Works Director, stated this is a request for vartances to reduce the requtred 25 feet rear yard setback to 2 feet in order to enclose a loading ramp and to increase the lot covera9e from 39.5% to 47%. Mr. Flora stated several condztions were not incorporated or addressed in the motion by the Appeals Commisston and he listed the conditions which should be considered 6y the Council, if the var�ances are approved. Councilwoman Moses asked if Viking Engineering had any comments on the condii,�ons. Mr. Winter, representing Viking Engineertng, stated he didn't feel they would have any problems w�th the additional stipulations. MOTION by Councilwoman Moses to concur with the recommendation of the Appeals Commission and to grant tf�e variances to reduce the rear yard setback from the required 25 feet to 2 feet and to increase the lot coverage from 39.5% to 47%, with the following stipulattons. , 1. 2. 3. 4. 5. 6. Construction of the building should be one-hour ftre resistive with no ope m ngs in the wall ad�acent to ihe lot line. A written agreement between Action Pattern Company to the south, and Viking Engtneering on the ,7oint parking facility should be obtained. Consideration should be g�ven to treating the �wo foot space at the rear of the building to preclude weed growth and prov�de for easy maintenance. A refuse container location should be indentified and screened from the street. Additional concrete curbing should be placed in the parking lots. Consideration should be given to screening the parking lots from Beech Street. 7. Any raof equipment should be screened. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. S REFUSE CONTAINERS, 305 53RD AVENUE, TE MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation � of the Appeals Commission and deny this request. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. iJ �� J REGULAR MEETING OF OCTOBER 6, 1980 PAGE 12 Co uictlwoman Ploses asked if staff is taking a look at this ordinance for possible re-evaluation. Mr. Flora stated they are in the process of con- tact�ng other c�ties regarding their requirements and checking into this further. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the mot�on carried unanimously. FOR VARIANCE TO INCREASE MAXIMUM HEIGHT OF FREE STANDING SIGN „�..,-.T., �„�..,,� r��,,..�� �,,.-�„ � _,,,,,, �.,..�� _ Mr. Flora, Public Works Director, stated this is a request to increase the maximum height of a free standing stgn from 25 feet to 42 feet. He stated the City has not allowed other properties to have this size sign and, if the variance were to be granted, there has to be some rationale. Ccuncilman Fitzpatr�ck stated the appl�cant's immediate competitor is ,7ust across the street in the City of Columbia Heights and has a sign that wouldn't be allowed �n Fridley. Mr. Flora stated, �f this request is approved, staff would like to work with the property owner to improve the property which needs some parking and curbing and if the alley is improved, would also like the owner's participation in the cost of the �mprovement. MOTION by councilman Fitzpatrick to approve this variance request to raise the height of a free standing sign from 25 feet to 42 feet. Seconded by Councilman Barnette. Councilwoman Moses stated she can see the applicant's point regarding his competit�on who has a 42 foot sign, however, she felt uncomfortable with the proposal. Mr. Tom Duffy of LeRoy Sign Company stated there was no way you could see the sign from I-694. Mayor Nee pointed out this is one of the few genuine service stations in Fr�dley. Councilman Fitzpatrick stated he doesn't take a back seat to anyone when it comes to discomfort with variances on signs. Councilman Schneider stated he shared staff's concern, but because of the circumstances where the applicant's competitor has a larger sign, he could see why Mr. Johnson had made the request. Mr. Qureshi asked if they had any des�re to pave the alley. Mr. Johnson stated he is leasirig the property, but would work wtth the City in any way he could. UPON A �OICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. RECESS: A recess was called by P1ayor fdee at 10 35 p, m. RECONVENED: Mayor Nee reconvened the meeting at 10:45 p, m. Al1 members of the Council were present. L� ' u REGULAR MEETING OF OCTOBER 6, 1980 PAGE 13 MOTION by Councilwoman Moses to receive the minutes of the Planning Commission Meeting of September 24, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. RECEIVING CATV COMMISSION MINUTES OF SEPTEMBER 11, 1980: CONSIDERATION OF PURCHASE OF EQUIPMENT: ' MOTION by Counc�lman Barnette to receive the minutes of the Cable Televiston Commission Meettng af September 11, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mr. Qureshi, Ctty Manager, stated there ts some money in the budget and will come back to the Council regarding this equ�pment item. VIEW OF THE NEIGHBORING COMMUNITIES' COMMENTS AN� OTHER COMMENTS ON Mr. Flora, Public Works �irector, stated six responses were received from ne�ghboring commum ties on Fr�dley's Comprehensive Plan and ali comments were favorable. Mr. Flora stated the City has to adopt a Comprehensive Plan by November 1 to be submitted to the Metropolitan Council, �n con�unction with the Cr�tical Area Plan. Councilman Schneider indicated he has some problems on the lines. He po�nted owt where some cities have gone to court and the l�nes were measured by the ,7udge and felt there shouldn't be anything on the maps that relate to direct phys�cal attr�butes. � Mr. Herrick, City Attorney, stated, basically, this was his statement when the Comprehensive Plan was considered. He stated, once this is adopted, �f there is an inconststency, the Comprehens�ve Plan would take precedence over the Zoning Code. , MOTION by Councilwoman Moses to receive the comments from the neighboring communities and note they were favorable. Seconded by Councilmari Barnette Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. #103-1980 DESIGNATING POLLING PLACES AND APPOINTING ELECTI �UDGES FOR THE NOVEMBER 4, 1980 STATEWIDE GENERAL ELECTION: MOTION by Cuuncilwoman Moses to adopt Resolution PJo. #103-1980. Seconded by Councilman F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. ION �d0. #104-1980 CERTIFYING CERTAIN DELINOUENT WATER AND SEWER MOTION by Counctlman Fitzpatrick to adopt Resolution No. 104-1980 Seconded 6y Councilman Schnelder, Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to adopt Resolution No. 105-1980 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. ,`%,i ^�� ��U REGULAR MEETING OF OCTOBER 6, 1980 I�fJ NO 106-1980 AUTHORIZING I CT PAGE 14 ISION MOTION by Counctlman Schneider to adopt the amended resolution, as submitted by staff, changing the dollar ftgure tn Item 2. Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. RESOWTIOiV N0. 107- ION: MOTION Councilman Fitzpatrick to adopt Resolution No. 107-1980. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payments of Claims No. 262349 through 277P11. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, h1ayor Nee declared the motion carried unanimously. LICENSES. MOTION by councilwoman P4oses to approve the licenses as submitted and as on f�le in the License Clerk's Office. Seconded by Counc�lman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTIOfJ by Councilman Fitzpatrick to approve the estimates as submitted. N�H Asphalt, Inc. 700 Industry Avenue N. W. Anoka, h1P� 55303 Partial Est. #3 - Street Improvement Pro�ect St. 1980-1 Partial Est. �2 - Street Improvement Pro,7ect St. 198C-2 Halvorson Construction 4227 - 165th Avenue N. E. Wyoming, MN 55092 Partial Est. #7 - 1980 Misc. Concrete Curb & Gutter Contract �awson Construction, Inc. 1803 South Ferry Street Anoka MN 55303 Partial Est nl - Sewer & Water Pro,7ect No 131 �112,350.47 $115,797.09 � 5,625.00 $ 4�},582.35 , , , � � REGULAR MEETING OF OCTOBER 6, 1980 Estimates continued G & L Sealcoating, Inc. 1634D Nowthen Boulevard Anoka, h1fJ 553D3 Final Est. - Sealcoating Project St. 1980-10 County of Anoka Department of Highways Anoka, MN 55303 Signal Agreement for TH #47 and 69th Ave. PAGE 15 $ 1,315.00 $25,000.00 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF CITY PARTICIPATION I niiri nrnin Councilman Schneider stated the League of Minnesota Cities is presently renting quarters in St. Paul and several years ago, authorized a committee to look into the construction of their own facility. He stated at the League's meeting in �uluth, they approved the building and are to assess the member cities. He stated th�s assessment would amount to two t�mes the 1979 annual dues. He stated if the member cities do not wish to contrib- ute to this building, they can no longer remain a member of the League. He expla�ned if a city drops its membership and ,7oins at a later date, they would then be assessed the cost. He stated, tf a member city does contribute to the building they receive a certtficate of equity so thev would be getting some money back tf the building �s ever sold. Councilman Schneider stated the bu�ldinq would 4e located on U��iversity and Jackson, wrth the land donated by the City of St. Paul, and the facility would have tax exempt status. Mr. �ureshi stated if the City does part�cipate, he would recommend the; pay on the 6asis of a five year plan. h10TI0N by Councilman Fitzpatrick to approve this contribution to be paid over a fi ve year period, as recommended by the admim stration. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, f1ayor Nee declared the motton carried unanimously. ADJOURNMENT: MOTION by Councilman Barnette to ad,7ourn the meeting Seconded by Councilman Schneider. Upon a voice vote, all voting aye, and Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 6, 1980 ad�ourned at 11:10 p. m. Respectfully submitted, ����� Carole fiaddacl Secy. to the City Council � Approved: October 27, 1980 %���;,� � �,'�.� ��, � - , � William J.�Nee Mayor � ��l