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05/04/1981 - 00013227THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUfJCIL OF MAY 4, 1981 The Regular Meeting of the Fridley City Council was called to order at 7:38 p. m. 6y Mayor Nee. PLE�GE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fl ag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPRDVAL OF P4INUTES: Mayor Nee, Councilman Barnette, Council��an Schneider, Councilwoman Moses and Councilman Fitzpatrick fJone C HEARING MEETING, APRIL 13, 19�1. MOTION by Councilman Barnette to approve the minutes as submitted. Seconded by Councilman Schneider. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING. APRIL 20. 1 Councilman Schneider made acorrection on Page 6, paragraph 6, the last �NOrd on the first line 6hould be changed from "or" to "only". MO�ION by Councilman Fitzpatrick to approve the minutes, with the above correction. Seconded by Councilman Schneider. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTIUN by C�unctlwoman Moses to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the rnotton carried unanimous�y. OPEN FORUM, VISITORS Mr. Ed Wilmes stated he wished the Council to know that he extends his gratitude to the Veterans Hospital where he had both his hips replaced. He further expressed thanks to the people who called at the hospital and expressed their friendship. Mr. W�lmes stated, as of now, he is a patient in the Fridley Convalescent Home and hopes this is only for a short period of time. P1r. Wilmes stated, with nis past illnesses, �t made him realize the concept of the Islands of Peace is very much needed. He then asked Mr. Russ Domino frornthe Minneapolis Trade Un�ons, who coordinated the efforts of many people �n construction of the building, to speak. Mr. Doim no stated, on behalf of the f4tnneapol�s Building and Construction Trades, he wished to express to the Council how happy they were to be a part of the Islands of Peace and support it. ' ' i�1r. Wi�irF�, stated the C�ty received a grant from the State for �15�,000 and, upon cornplet�on of the pro,7ect, the Ctty would be requested to account for ' tne State funds used in the pro�ect. He stated, according to House Ftle 15, the sum of $50,000 has to be ra�sed from public and private sources. Mr. Wilmes then outl�ned all the cempanies and organizat�ons who had contributed to the Islands of Peace and the amounts qiven. �1 /� REGULAR MEETING OF MAY 4, 1981 PAGE 2 He stated a total of �128,068.98 was raised. He stated all he can say is this has 6een a pro�ect that has been built by three powerful words, "We, the People" Mr. W�lmes stated the Islands of Peace has 6een designated to be part of the Regional Park System and has been approved by the County, who will be responsible for the maintenance and operation. He stated one of the things in the ayreement was that a committee would be appointed by the County to oversee that the concept of the Islands of Peace is always carried out. He � stated he is hopeful the County wtll hire a staff of responsible people to carry on the programs for the pro,7ect. Mr. Wilmes stated he �ioped the personal problems he had were not a reflection, rn any way, on the Islands of Peace because h�s sincere feeling is for the people that have en�oyed it and will continue to en,7oy what the Islands of Peace has to offer. f4r. Wilmes stated he was grateful to be part of the Islands of Peace and will be as long as he lives. Mayor Nee personally thanked and congratu7ated Mr. Wilmes and stated he was happy he had recovered his health. Counc�lman Schneider stated a lot of thanks are owed to Ed, who worked for the Islands of Peace through the hard ttmes. Councilman Barnette stated he thinks Ed 4:nows how he feels and was happy to see h�m in better health. Councilman Fitzpatrick also thanked Mr. Wilmes for sticking with this pro,7ect for all these years. Counctlwoman Moses stated there should be more people like Ed who are dedicated � to a cause and get it accomplished and also extended her thanks to htm. Rice Creek Park West: Mr. Ing Siverts, 6850 Siverts Lane, and Cha�rman of Concerned Restdents for Environmental Quality, (CREQ) appeared before the Council regarding concern over the impending construction of Rice Creek Park West. Mr. S�verts submitted a letter to the Council, dated May 4, 1931, which informed the Council that it is their organization's intention to appear at the Rice Creek Watershed District Meet�ng on May 13, 1981 to make a presentation opposin9 construction, as proposed by Anoka county, under the title "Rice Creek Regtonal Park West". Mr. Siverts pointed out the reason they are taking this action is because the Fridley citizens have not been adequately informed of the detailed proposed plan, the potential environmenta1 impact is significant, the concern of residents regarding vandalisin, damage to property, and an inabi1ity to properly monitor illegal activities; the feeling that this plan will be a detriment to the fragile ecological balance of Rice Creek, their wish to maintain this unique vulnerable natural resource in it�� present state, and felt the plans, as presented, are directly contradictory to the guidelines as listed in the "Rules and Regulations of the Rice Creek Watershed District" � Mr. Siverts stated he urged Council to support the request to the Watershed District for a public hearing. Mr. Siverts also read Section 7-B of City Ordinance No. 555 regarding special use permits and asked if Anoka County has appl�ed for such a permit. � REGULAR MEETING OF MAY 4, 1981 PAGE 3 Mr Siverts stated a petition was c�rculated over the weekend which, essentially, outlined the reasons they were opposina this pro�ect, and they have well over 300 signatures and expects the total to go to at least 500. Mayor Nee stated the Counctl would like a report from staff on the issue raised regarding Ordinance 555. He stated the City has no vested interest in this pro�ect and is not taking a position one way or the other. Councilman Barnette stated he received a number of phone calls and is sens�tive to the whole issue. He felt the County's position was they are willing to listen and things can be changed. He pointed out it is the County's property. Mr. Siverts pointed out that New Brighton, in considering this issue, had a very thorough public hearing where written notices were handed out to the c�tizens in the ent�re City. He stated they have been informed that New arighton considered thetr segment of the County's Master Plan unacceptable, as proposed. Mr. Stverts asked if a report from staff regarding Ordinance No. 555 could be on the Council's next agenda so they would have thts information before they appear before the Watershed ��strtct. Councilman Schneider stated what he heard was the County has indicated a willingness to meet with t�e people. Ms. Mary Gilbertson, 6801 Channel Road, a member of the Concerned Residents for Environmental Quality, asked if the County is exempt form the Department of fJatural Resources requirement regarding environmental �mpact studies. She pointed out anyone who has done any work on the creek bank needed a permit, and asked if the County has to comply with the same ord�nances as the property owners. Mr. Herrick, Ctty Attorney, stated, in his opinion, the County would have to obtain permits for wark in public waters, the same as a private citizen, but would be happy to look at the various statutes and ordinances, and prefer to wait until next week to give a defintte answer. Mayor Nee felt a report could be obtained from the staff by the next Council meeting. PUBLIC HEARINGS: ROM R-3 TO CR-1, 1001 HILLWIPJD F�AD, TE� dba: SWING Councilman Schneider stated one of the surrounding property owners wished to comment on thts ttem, however, they had to leave for a meeting tn Coon Rapids and indicated they would be back as soon as poss�ble, therefor�, he requested this item be tabled for another half hour. MOTION by Councilman Schneider to table considerat�on of this rezoning item for one half hour. Seconded by Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONTINUED PUBLIC HEARING ON ESTABLISHPIENT UTION #,56-19 OF HILLWIfJD �RIVE. EAST OF POLIC, WEST MINNESOTA APPROUI�IG TAX PURCHASE PROPERTY IN AREA i�iayor Nee requested the Counctl rec�lve the petition requesting the City purchase porperty in the area north of Hillwind Drive, east of Polk, and west of Fillmore for park purposes. 1 1 1 REGULAR MEETING OF MAY 4, 1981 PAGE 4 MOTIDN by Councilman Schneider to receive petition 2-1951. Seconded by CouncSlman Barnette. Councilman Schneider stated he understood, when the pet7tion was presented, the residents were advised there may be some assessment, �f Council proceeded with their request. Mr. Bob Prois, 1060 Lynde Drive, who circulated the petition, stated Councilman � Schnetder was correct and reside��ts were advised there may be some assessment, but they didn't have a figure to give them. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mayor Nee, at 8:25 p, m., then reopened the public hearing on the establ�shment of a tax increment dtstrict in the Moore Lake Redevelopment Area. Mr. Jerry Boardman, City Planner, stated, in the Counci7's booklet, they have tuao resolut�ons, one is the Nousing and Redevelopment Authority's resolution and the other is a resolutton they wou1d ask the Council to constder this evening. Mr. Boardman stated the HRA cont�nued their public hearin9 on this matter at a meeting held at 5 3D p. m. He stated the publtc heartng has now been concluded and a resolution adopted by the Housing and Redevelopment Authority He stated four findtngs were made by the HRA, as follows• (1) That the pro�ect comprising Tax Increment Plan #1 shall be set up�as a redevelopment pro�ect as authorized by Minnesota Statutes, 273.73, Subdivision 10 (a), Paragraphs (2) and (3) in order to remove blighted and detertorated condittons as determined tn the Moore Lake Redevelopment Plan based on Chapter 462 of the Laws of the State of Minnesota; and (2) That the development of land in the Tax Increment Plan #1 would not occur solely through private investment within the reasonably foreseeable future and therefore, the use of Tax Increment Financing is deemed � necessary, (3) That the Tax Increment Financing Plan nl conforms to a general plan for the redevelopment of the City of Fridley, and (4) That the Tax Increment F�nancing Plan wlll afford max�mum opportun�ty, consistent wlth the sound needs of the C�ty of Fridley as a whole, for the redevelopment of the pro�ect area by private enterprise. Mr. 6oardman stated these are the same findings which the Council has to make and the plan before them does meet the State statutes and will qualify as a tax increment district. Mr. Boardman stated, when a tax increment financ�ng district is established, there is the option of selecting one of three types of pro�ects, a housing pro�ect, an e�onomic development pro�ect, or a redevelopment pro�ect. He state,d, for this area, the Council is 1ooking at a redevelopment pro�ect, wh�ch gives the City the most flexibility, however, it is one of the most difficult to prove. Mr. Boardman stated they are looking at the development �n six phases or areas and pointed these out on a map. He stated potent�al development has been laid out rn each of these phases and what this did was give a basis to determine what the proposed tax increment would be. Councilman Schneider asked, even though some tentative uses for the various phases have been laid out, if there is anything in the Redevelopment Plan that requires these be followed. � Mr. 6oardman stated any time modification is made to the plan that is going to substanttally change the assessed value, you go through an amendment process of the plan. , �i i REGULAR MEETING OF MAY 4, 1981 PAGE 5 t4r,. Boardman stated they have a market value appraisal done by Mr. Curtis Larson, Real Estate Appraiser, for Areas 1, 2, and 3 which he would like Council to accept as part of Exhi6it A. MOTION by Counc�lman Schneider to receive the market value appraisal for Tax Increment Ftnance District ;�1, as prepared by Curtis Larson. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. Mr. Boardman commented on the report from the Building Inspector and ' information from the Assessment Department and reviewed the soil borings wh�ch were taken, and the amounts necessary for corrective action. Councilman Schnetder stated, since the publtc hearing before the Housing and Redevelopment Agency was �ust completed earlier this evening, and they, as yet, don't have any minutes, he asked about public input from this meettng. Mr. Boardman stated they did have some people, who attended the Housing and Redevelopment Authority meeting, voice concern about Area 2. He stated the HRA did request staff to bring back a procedure of notification when there is a rnodtfication or amendment of the plan. Mayor Nee asked if there were any comments from the audience regarding this item of business. Pirs. Carol Fassett, T001 Lynde Drive, stated she was at the Housing and Redevelopment Authority meeting and po�nted out t,hat one of the f�ndings tncluded in the resolution which they adopted was "that the development of land in the Tax Increment Plan ,'�`rl would not occur solely through private �nvestment wtthin the reasonably foreseeable future and therefore, the use of Tax Increment F�nanc�ng is deemed necessary". She felt th�s finding was not the case in their area as P1r. Erickson, who owns property in the area, has intentions of developing and it was made clear he was going to proceed, without the benefi t of tax increment f�nancing. She felt this area shouldn't be _d°signated tn the tax �ncrement d�strict when you have ' a dev�loper w�lling to proceed and not needing tax �ncrement financing. Mrs. ,Fassett stated the other issue was a park for their area. She stated Mr. Boardman made a comment �n one of the committee meetings that if property ts in a tax tncrement district, tax increment financin� can't be used to acquire land for parks. Mrs. Fassett stated they would l�ke to submit their petition for a park to the Parks and Recreation Commission, as there is some funding available for acquts�t�on of parks and open space areas in Anoka County, and would like to pursue this use for the land. Mrs. Fassett felt if this area is ancluded ir. the tax increment proposal and it will take iact�on by both the HRA and Counc�l to remove it, their chances are lost to use the land as a park. Councilwoman Moses pointed out Mr. Erickson wouldn't develop his land unless it is economically feasible and one of the things menttoned here is the traffic pattern whieh is not conducive to development at this time. She stated, in order for f+1r. Er�ckson ti� develop his property, the traffic pattern would have to be taken into considerat�on and felt the developer wou7d not want to pay for all the necessary improvements. Mrs. Fassett stated the intersection is a problem now, without Mr. Erickson ' putting in any development. She stated with the businesses going in on Hillwind, the C�ty is going to have to do something, with or without tax increment financing. She didn't feel their land is the only �riteria that will be �sed for improvement of the intersection. I i � REGULAR MEETING OF MAY 4, 1981 PAGE 6 Mr. Boardman explained if this area is excluded and added later to the plan, it would be necessary to meet the regulations and requirements in effect at that t�me. Mr. Roger �assett stated �t was pointed out that once the land is designated as tax increment, it takes the HRA and Council to remove it and if the HRA decides later they don't want it out, their hands are tied. M;°. Boardman stated any development on that property would require an amendment � of the plan and �hat has to have City Council approval. Mrs. Nanr.y Jorgenson, 5730 Polk Street, stated the residents w�ll be meeting with the Parks and Recreation Corrm�ssion on May 13 and requested Council to table this unttl after their meeting with the Commission. She asked the residents of the area be given a chance to try and get a park. Mr. Boardman stated he can understand the concerns of the ne�ghborhood, but they are looking at what can be done that will allow the most flexibility at this point in time. He stated he didn't see th�s as tyin9 their hands and a lot boils down to the trust they have in their elected officials to make the right decision. Councilman Schneider suggested possibly including the area in the tax increment financing district, however, entering into an agreement with the Housing and Redevelopment Authortty that they would not try to encourage development for that land within a certain period of time while the residents have the opportunity to see if the park pro�pect�,ias real. Mr. Larry Commers, Chatrman of the liousing and Redevelopment Authority, stated the Authority is interested in the desires of the residents in that area and didn't have any intention of going ahead and p���ting forth pro�ects that would be ob,7ectionahle to the netghborhood. He explained there would be quite an expenditure to make the land in question � developable because of the soil conditions and this was the reason the HRA thought it was better to include the property in the tax increment district aL this t�me. He stated the protection that ex�sts is that there cannot be any pro,7ect proceeding, without it be�ng approved by both the HRA and Council. He stated, if they cannot agree, the property would remain in its present state. Mr. Commers stated, as far as Councilman Schneider's po�nt, he d�dn't have any personal ob�ection, but couldn't speak for the HRA as a whole, to reaching some kind of reasonable time for a moratorium on that property before they would ask for 6ids or proposals relative to development. Mrs. Fassett stated Mr. Erickson has told them he is ready to develop his land without the help of tax increment financing and if that is not true, and he is waiting for tax increment financing, then someone has lied to them. She stated there �s a developer interes�ed rn �his property and it is not the blighted land that tax increment is to be used for, and, therefore, doesn't meet the requ�rement for tax increment financing Councilman Schnetder stated tiecause the land is expensive to develop, the owner may develop someth�ng that does fit within the zone, but totally o6,7ectionable to the neighborhood. � Mrs. Fassett stated they would like to take their chances and if the land is included in the tax increment district, would like a moratorium that no one is going to do anything unt�l they find out about the possibil�ty of a park. � ���7 _ i,� REGULAR MEETING OF MAY 4, 1981 PAGE 7 Mayor Nee stated they couldn't say no one would develop, because the property owner has the right to development. Mrs. Fassett felt there should be an agreement that the Council and HRA do not offer the owner the advantages of tax increment for an established period of t7me Mr. Boardman stated every indication he had from Mr. Erickson was that his recent proposal for use of the property was on7y a proposal at this point in t�me and he didn't have a commitment for financ�ng, and that financing would be based on approval of the rezoning. He pointed out that financing for apartments is very difficult, if not �mpossible, and had some discussion with Mr. Erickson on housing bonds to help fi nance this type of pro,7ect. Mr. Qureshi, City�f1anager, stated he would suggest the Council adopt the resolution and direct the staff to prepare an agreement to be executed by the Housing and Redevelopment Author�ty and brought back to the Council. Ptrs. Fassett wished an opportunity to discuss the possibtlity of a moratorium with the area res�dents who were present, therefore, a recess was called. RECESS: A recess was called by Mayor Nee at 9.45 p. m. RECONVENED: Mayor Nee reconvened the meeting at 10:00 p. m. All Council members were present. P1rs. Fassett stated she discussed the proposal with the area residents and they have decided to go along with a moratorim for one year which would be reasonable and hoped this is spelled out in the agreement accordin9ly. Mr. Commers stated, personally, he d�dri't think there would be any problem with th�s moratorium, but should find out from legal counsel if they have any problems wtth th�s matter. Mr. Boardman felt there wasn't any great urgency for development on that property, but wanted it included in the tax increment distr�ct. Mayor Nee stated the Council would have an agreement prepared and assumed it would be presented favorably to the HRA. MOTION by Councilman Schneider to close the public hearing on the establishment of a tax increment d�strict in the Moore Lake Redevelopment Area. Seconded by Councilwoman Moses. Upon a votce vote, all vot�ng aye, Mayor Nee declared the motion carrTed unam mously and the pubi�c hearing closed at 10:05 p. m. MOTION by Councilman Schneider to adopt Resolution No. 56-1981. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, �4ayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to draw up an agreement between the Houstng and Redevelopment Authority and the Council wh7ch speiTs out the fact that the HRA would noi sol�cit development or, in any way, use tax increment financing furids to assist development ;nn the triangular portion of Area 2 bounded by Lynde Drive, Polk Street and Fillmore Street) and that the Chariman of the HRA present this, with hts favorable reaction to it, for hopeful approval by the HRA. Seconded by Councilwoman P4oses. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unanimously 1 1 � �� � � � REGULAR MEETING OF MAY 4, 1981 RE-OPENING OF A PUBLIC HEARING ON REZONING REQUEST R-3 TO CR-1, 1001 HILLWIN� ROAD. TED BURANDT, dba. PAGE 8 FROM MOTION by Counc�lman Barnette to reopen the public hearing on this rezon�ng request. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously, and the public hearing opened at 10:10 p. m. Mr. Flora, Public Works Director, stated the property in questton is located �ust off Hillwind Road in the area of Polk Street and Lynde Drive. He stated the request �s to rezone the parcel from R-3 to CR-1. Mr. Flora stated the Planning Commission recommended approval, with the stipulation that the existing structure be torn down, and a bui1ding constructed for commercial purposes and that fencing be installed. Mr. Burandt, the petitioner, stated his �ntent is to retain and update the existing structure and the reason for this is the tiight financing. He stated now that ih�s area has been approved for tax increment financing, it appears there would be more favorable terms to putting up a new structure. He stated, if it is o6�ectionable to remodeling the existing structure, perhaps some type of time limit could be placed on it to allow them to remodel now and use it and to wa�t for firancing. Mr. Herrtck, City Atiorney, stated with this property coming under the tax increment dtstrict and under the jurisdiction of the HRA, they could move to acquire the property either by purchase or condemnation. Mr. Quresh�, City Mai�ager, felt there are several questions and one �s if there is a need for an offi ce building in that area and if that is the proper use of the land. He stated the house 6ein9 used now for an office, south of this property� YJdS a model home and that is how the structure got there in the first place. He felt, if there ts a need for an office building, then it snuuld be constructed as a commerical building. Mr. Qureshi stated Mr,. 6urandt could f�x up the structure and rent it as a restdent�al home if he isn't willing to build a commercial structure at this time. Councilwoman Moses ask3dif the property were to remain as R-3, how many units could be constructed on it. Mr. Qureshi stated the property would accommodate about ten un�ts. Councilwoman Piost=s pointed out the Plam m �g Commission determined it would be better suited for commercial use. Councilman Sch���ider stated the pattern has been set where there are other offices tn the area and the land has been rezoned. He stated they do have a trafftc problem in this area and ten untts would probably create more problems than an office building. Councllman Schneider stated �f he was to act ln favor of the rezon�ng it would be contingent on removal of the existing structure. Mrs. Fassett stated in Tax Increment Plan 1 it states it is the intent of the HRA to acquire this property and remove a substandard structure. She stated Mr. Burandt kr�ows the HRA w�ll buy it from him for $56,000. Counctlman Schneider stated the HRA would not acquire the land, unless they have reasonable assurances someone would develop it. l ` �� .w�l �t -�,9 �; REGULAR MEETING OF MAY 4, 1981 PAGE 9 Mrs. Fassett pointed out that th�s week Mr. Burandt can develop the property because he is 9o�ng to get help , wh�ch he couldn't do last week. She felt if Mr. Burandt didn't get the rezoning, the HRA would acquire it and have the rezoning anyway. Mrs. Fassett stated she didn't ob�ect to a small office building, but would questton whether ten uii�ts on the parcel wouldn't add less traffic than an offi ce buil�ing. She felt the dwell�ng um ts would fi t better into the area than an office building. �Rrs, vancy Jorgenson, 5730 Polk Street, stated she felt the ex�sting structure should be removed and it would be to Mr. Burandt's benef�t to reinove it, as long as this area is �n a tax increment district. Mr. 6urandt stated he would like to take the build�ng down, if it is economically feasible. Mrs. Karyn Prois, 1060 Lynde Dr�ve, asked that the Council be responsible to the neighborfiood and take a stand now and not let the structure remain on the assumption it will be removed. MOTION by Councilman Schneider to close the public hearing on this rezoning request. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:40 p. m. The Council then proceeded to Item 11 on the agenda regarding the communtty recreation building needs assessment comm�ttee final report. RECEiVING COMMUNITY RECREATION BUILDING NEEDS ASSESSMENT COMMITTEE FINAL REPORT Dr. Boudreau, D�rector of Parks and Recreation, introduced Mr. Jack Hansen, Co-Chairman of the Community Recreation fJeeds Assessment Committee. Mr. Hansen stated the C�mmittee's report has been presented to the Council and the Committee voted on February 26, 1981 in favor of constructing a community recreation butld�ng by a vote of 11 in favor, 1 against, and 1 abstention. Mr. Hansen stated the Com�n ttee also made the following motions: (1) That the Parks and Recreation Connmssion recommended to the Council that 6efore a building is bu�lt, the C�ty Council advise the commun�ty of the results of the report v�a the Sun Newspaper and other media; (2) That the Parks and Recreation Commission recommend to the Council that before a butlding is 6uilt, the City Cauncil go to a referendum �iote of the_people; and (3) That the Parks and Recreation Commtsston recommend to the Counctl that before a building is built, the City Council discuss with School District 14 any alternative s�tes or facilities that could be used or developed. Mr. Hansen stated, in regard to Item 1, there has been an article by Ru�h Du�nn in the Sun Newspaper and he had one interview wi1:h Barb Hughes on Cable Television. He further stated, in regard to Item 3, th�s motion came o about from those on the Comm�ttee who felt school district facilities could be used. He stated the ma,7ority of the Committee members felt this wasn't feastble, however, the Council should check into it further for verification. Mr. Hansen stated the Committee also recommended the building include three multi-puro��e3ymnasiums, a mult�-purpose auditorium within the structure, and an indoor, scaled down pool. Mr. Hansen stated copies of the m�nutes of all the Committee meetings are attached for the Council's reference. He explained the concensus of opinion was the build�ng could be built for approximately $4,000,000. ' ' , RE'GULAR MEETING DF MAY 4, 1981 PAGE 10 Mr. Hansen stated tt was felt it would be feasible to have a large meeting area with a kttchenette to handle the senior citizens congregate dining, but not to include a senior citizens annex per se. Mr. Hansen stated �f, and when, the Council acts on the building, the Committee is asking for an opinion referendum, if �t is with the understanding that available funds would be used to construct the building. Ne further stated, if the Council dicln� want to build the building out of avialable funds, it should go to a bond issi:e. � Mr. Hansen stated the Committee felt the building should stand on �ts own merits and not become a political issue in the next campaign. ilr. Hansen stated the �ominittee would like to see a referendum or bond issue and tf they proceed with the bu�ld�ng, it should be as soon as possible because of the increase in interest rates and cost of construction. Mayor Nee thanked P1r. Hansen for his leadership on this Committee, however, he explained the picture has changed somewhat in the last several months and the City doesn't know where they will be on financing or what funding will be received. MOTION by Councilman Barnette to receive the report from the Community Recreation Building Needs Assessment Committee. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilmar, Schneider stated he thought the Comm�ttee did an excellent �ob and put a lot of hard work into the repurt and appreciated lt. Mayor Nee stated he had concern on whether this should be proposed this year or next year. He felt th�s year has 6een a turmoil and the City doesn't know what aid ti��ty will receive. � Councilman Barnette stated, he felt, with Jack taking the chairmanship of the Committee, people responded very well and felt it was time some comments be made in the Sun Newspaper for these people who give the n° time for other citizens. Councilman Barnette stated he g�ves the Co�nmtttee his full support to go for a referendum vote at some time oLher than the general election. He stated he goes on record as berng strongly �n favor and doing whatever he can to make an effort to o6tain support for the recreation building. Councilwomansloses stated he has previously expressed her concern on the feed- back rece�ved on the n�ture center and wants to maike sure the residents don't come back to the Council on thts matter. She sta�ed she was concerned that the senior citizens stated they didn't get a wing so they wouldn't vote for it. f�r. Hansen stated the sem or citizens weretalking about a senior citizens annex to pe used for them only and �t was felt this could possibly create some controversy in the Ltty. He stated the Committee wanted a community buidling for everyone from preschool to the sen�or citizens. Co�nctlwoman h9oses stated-the feedback she is receiving from residents in Melody Pia��or �s that they wanied an ice arena and ind�cated they wouldi"i't vote for it. Councilman Barnette felt everyone in government has to be upfront regarding this facility and the cost to the taxpayer. Councilman Schneider stated his general feel�ng �s the building is something they ought to have, but perhaps being more cautious if they can afford to have it. Gouncilwoman Moses stated she dtdn't have a feel�ng when this issue should be brouyht to the voters, but fel� the timiny was important and they will need support for th�building Councilman Schneider stated his concern is if they bring this to a vote in an of-�ryear in the suramer,_-they will have a very poor voter turnout and will put the City in a situation where people will say they didn't know there was a referendum on �t He stated if this is put on the ballot in Novem6er, however, it becomes more political. �� _ �� REGULAR P1EETING OF MAY 4, 1981 PAGE 11 Councilman Schneider stated, in reviewing sane of the costs and if they go for a bond issue, �t would be about a$100 a year increase in taxes. He felt perhaps that is too much esoecially if residents exp¢rience increases in sales and property taxes. Mr. Hansen stated the Committee is not pushing the building and all they are saying is they would like to have it go to a bond issue, and vote by the people. Dr. Bourdreau stated he is speaking for the department charged with providing parks, recreation, and natural resources and their prime interest is allowing the people to give them direction. He stated the qu2�t2en might not be if they can afford it now, but should they affort it now. He stated he would support a referendum vote at the earliest possible time. Dr. Boudreau stated within the next several months, they will have an opportunity to meet with many groups throughout the City to explain what they are desirous of and feels an informed voter can make a decis�on based on the facts. He didn't feel the building should proceed or fail on the bas�s if the City is going to receive State aid. Mrs. Pat Gabel, 5847 2z Street N.E., asked about the increase in taxes for the building. Counc�lwornan Moses stated for an $80,000 home, it would be almost $75 a year tncreu;e in taxes. i�1r. Hansen stated the Committee used the fi gure of �70,OOD, the cost of an average home in the City , to fi cure the additional increase•in taxes for the $4,OOQ,000 cost of the building plus $175,000 for operation and marntenance costs. Mr. Hanserr stated the Committee's concern is that the Council pick a timetable when they would go to e�ther an opinion referendum or a bond issue and felt these should be the concerns and make it aware to the media and publiciae it. Mayor Nee felt information should be put together on how to proceed and discuss it further at the May 18 meetin9. Mr. Tony Lorbeski, 6101 Sunrise Drive, President of the Friendly Fridley Folk, expressed the senior cit�zens view in regard to the new recreation building. He felt they should have a drop-in center as part of the building. Mr. Lorbeski stated the senior citizens need a place to hold their meetings and thanked the United Methodist Church for donating their space for many years. He explained they need a place to hold pdtluck s�ppers, arts and crafts, dancing, and bingos, as well as space for the congreoate dinnng program. Mr. Lorbeski stated the sen�or citizens have paid their fair share and serve on many committees and do much volunteer work. He requested Council consider their petition for a drop-in center and the ideal locatiun would be Parkview School. He stated the senior cit�zens are experienctng an exodus of inembers to other communities that have more to offer, and unless something is offered in Fridley, they will have a declining membership. Councilman Barnette asked if they were requesting space in the new corr¢nunity recreation bu�lding. 1 ' 1 � �� cD REGULAR MEETING OF MAY 4, 1981 PAGE 12 Mr. Lor6eski stated they are withdrawing that request because it has been designated as a multi-use area and felt the senior citizens wanted a piace of the�r o�.n w��icn they could control about 90% of the time. Mayor Nee stated if they are re�iuesting support from the Council in negotiating with Corranunity Schools for a place, he would l�ke for Mr. Lorbeski to send him a letter to forward to the appropriate persons. OLD BUSINESS: OF SECON� READING OF A REZONING OR�INANCE IATES. Mr. Flora, Public Works Director, stated staff has received no further information from Mr. Harris on drainage or the park fee and was una6le to contact him. He sug9ested, therefore, no action be taken on the frnal reading of the ordinance until they receive information from Mr. Harris MOTION by Councilman Schneider to table th�s item until staff receives further information. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unamr�ously. /°, ORDINA — THE CI GARY A. WELLNER ETS AND ALLEYS AND TO AMEND APPENDIX C OF � nc TuG rr'rv runoTro• oG- cn�i uon_in MOTION by Councilwoman Moses to waive the second reading of Ordtnance No. 729 and adopt it on second reading and order publicat�on. Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous�ly. � �� ORDINANCE N0. 730 TO REPEAL OLD CHAPTER 103 OF THE FRIDLEY CITY CODE ENTITLE� "FIREARMS" AN� TO ESTABLISH AN NEW CHAPTER 103 OF THE FRIDLEY CITY CODE ENTITLED "�ANGEROUS WEAPONS": � Mr. Herrick, City Attorney, stated he reviewed this ordinance and had a meeting with Mr. Hill, the Public Safety Director, and felt they addressed the Council's concerns. MOTION by Councilman Schneider to waive the second reading of Ordinance No. 730 and adopt it on second reading and order publtcation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��� RESDLUTIDN N0. 57-1981 TO REA�VERTISE FOR BIDS FOR STREET IMPRDVEMENT PRO�ECT ST. 1981-10 (SEALCOATING) MOTION by Councilwoman Moses to adopt Resolution No. 57-1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee decicared the motion carried una m mously. NEW BUSINESS: i��4 RECEIVIfVG PLANNING COMMISSION MINUTES OF APRIL 22, 1 �F' � _C_ONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT BUMPER 60AT OPERATION ON A 98 FOOT BY 125 FDOT CENTER. 5255 CENTRAL AVENUE. ROBERT FRIE�LY: P#�1-03, TO ALLOW A TE, SKYWOOD SHOPPIN �!r. Flora, Public Works Director, stated the property �n question is on Highway 65 in the skywood Mall. He explained there is an existing miniature golf course on the sit and th�s request for a special use permit ts for a seasonal type of operation consisting of a large area of water and inner tube boats. REGULAR MEETING OF MAY 4, 1981 PAGE 13 Mr. Flora stated the stafr's concern was the noise factor and the appearance of the structure. He stated the petitioner stated he would be willing to do any type of landscaping necessary to make sure of a good appearance. Mr. Flora stated, as far as the noise, it is 58 decibels one metEr away and ten meters away, it is less than 40 decibels, and 150 feet away, you can hear the noise�of the part�cipants. He stated the hours of operation would be from 12 noon to 11:00 p. m, or 12:00 midnight. Mr. Flora stated the pool �s 30 �nches deep and approximately 84 feet wide by 125 feet long. He stated this operation would be simtlar to the one in Coon Rapids. Mr. Flora pointed out that Mr. Galush of Twin City Federal had several concerns regard�ng traffi c danger to children, parking, the detraction from appearance from the highway, the question of restroom facilities, and the noise factor. He felt tt would be diffi cult to speak into a microphone in the bank's drive-�n lane with the noise factor of 50 decibels next door. Mr. Flora stated the Planning Commission recommended denial of the special use permit because they felt the ex�sting noise levels in the area were extensive, the traffic situation and potential problems with parkin9, and safety of the young people using the area. f�r. Friedly appeared before the Council regarding his request for this special use permit. He felt the concerns expressed relative to noise, safety, and parking could be checked with the operation in Coon Rapids. He further explained the engines are water cooled and this reduces the noise substantially. Councilwoman Moses asked if he suggested to the Planning Commission they review the operation in Coon Rapids. Mr. Friedly stated he didn't know he had the opt�on at that time. Mrs. Judy Engebretson, 5216 Taylor Street, stated the contour of the land is probably dtfferent in Coon Rapids operation and explained the noise hits the hill and bounces up and on a clear summer night, she can hear noises from the golf course. She questioned how they could poss�bl�� estimate the noise created by patrons of this,operation. She felt that 52nd and Central is already heavily traveled and this business might create some distract�on for motorists on Highway 65. Nlrs. Engebretson also questioned what would happen when this operation closes, and was concerned kids may climb the fence to cool off. She stated her ma�n concern is adding additional noise to the area. She didn't feel it would upgrade the shopping center and indicated the neigh6ors don't ob�ect to someth�ng that is enclosed indoors. Mrs. Engebretson stated the neighborhood hoped the �ouncil will concur with the Planning Commission and deny the req�est for a special use permit. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and deny reecial use permit SP k81-03 because of the already existing noise levels, the traffic s�tuation and pote���ial problems with parking, and the safety of the young people who would use the area relative to the traffic using Twin City Federal's drive-in window. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. `' �ONSIDERATION OF REQUEST FOR � �L�' rnnir-rniirrrnni nr rrrnnin nrrrc NETH ACHED Mr. Flora, Public Works �irector, stated the property in question is located �ust east of East River Road on Ruth Circle. He stated the petitioner wished to build a 24' x 30' detached garage with access off Ruth and to convert his existing attached garage to living space. � ' 1 � REGULAR MEETING OF MAY 4, 1981 PAGE 14 Mr. Flora stated the Plam m �g Commission recorronended approval w�th the stipulation that the driveway be removed, when the present garage is converted to living space. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commssison and grant special use permit SP #81-04 for a second accessory building, with the sttpu1ation that when the present garage �s converted to living space that the present driveway 6e removed. Seconded by Councilwoman Moses. Upon a,voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. '"' '` CQNSIDERATION QF REQUEST FOR SPEGIAL USE PERMIT, SP �8i-05, T� . �-� ..n.��r.,��..r....� .,� ,....,� .-.. ..� ., , -....,r.�,. .... ..��,......- �,.,. . ,-_.,�� ... P1r. Flora, Public Works Director, stated this property is located �ust west of East River Road at Osborne and Osborne Way intersection. He stated there currently is single fam�ly housing located around the parcel. Mr. Flora stated the spec�al use permit ts requested to allow construction of a duplex in an R-1 Zone, with the outside appearance resembl�ng a single family home. He stated the Planning Commission recommended approval of thns request with the stipulations that the developer prove that there are 10,000 square feet available on the lot; that the utility, drainage, and bikeway easements are preserved; and that a third garage is provided. Mr. Les Watknns, 40 Osborne Way, indicated he had no ob,7ectlons to this special use permit Councilman Fitzpatrick asked if the person who raised an o6,7ection at the Planning Commission meet�ng was present, 6ut there was no respanse from the audiencP. Mr. Quresh�, City Manager, stated there have been numerous discussions by_ihe � Council in allowing a double bungalow in R-1 zoning, with a special use permit. He stated, in the past, the Council has not allowed this type of approach and if they w�sh to approve this request, th�s will be sett�ng a precedent. The petitioner stated financing on this particular lot has been turned down consistently for single family homes and the reason was because of nox�ous odors and high noise levels. Councilman Schenider stated he has a problem with special use permtts in an R-1 zone and perhaps this should be a rezoning request. He felt Mr. Qureshi's point of setting a precedent is valid and, w�thout a specif�c rezoning to R-2, finds it difficult to support. M1�. Herrick, City Attorney, stated his concern is that the spec�al use provision is in the ordinance and precedent set when the previous Council adopted the ordinance. He felt if it is in the ordinance, then it is �ncumbent on the Council to approve it, unless there are pertinent reasons for denying it. He stated he is not comfiortable with denying it simply because the Council doesn't like the ordinance. Counci1woman Moses felt because of the difficulty in developing this parcel as s�ngle fam�ly and financing can't be obtained, she felt it should be approved. Counctlman Fitzpatrick stated he thtnks this �s a long standing situation � and felt the Council had been quite consistent in recommending a9ainst such special use permits rn�asolid R-1 area. 1 e l� REGULAR MEETING OF MNY 4, 1981 PAGE 15 MOTION by Councilman F�tzpatrick to dPny special use permit, SP �81-05 hased upon the fact that an R-2 developmenc would be incompatible with the surrounding property. Seconded by Councilman Schneider. UPON A RDLL CALL VOTE, Councilman Ftizpatrick and Councilman Schneider voted �n favor of the motion. Mayor Nee, Councilman Barnette and Councilwoman Moses voted aqainst the motion. Mayor Nee declared the motion failc�d. MOTION by Councilwoman Moses to grant special use permit, SP #81-05. Seconded by Councilman Barnette UPON A ROLL CALL VOTE, Councilwoman Moses, Councilman Barnette and Mayor Nee voted in favor. Councilman Fitzpatrick and Councilman ' Schneider voted against the motion, MAYOR NEE DECLARED THE MOTION FAILED AS A FOUR-FIFTHS VOTE WAS NECESSARY FOR THE MOTION TO CARRY. MOTION by Councilman Schneider to direct staff to draft an ordinance to the existing zoning to delete special use permits for duplexes in an R-1 zone. Seconded by Councilman Barnette. Upon a voice vote, Counci,lman Schneideci, Councilman Barnette, Mayor Nee and Councilman Fitzpatrick voted in favor of the motion. Councilwoman Moses voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. �µ' �� �9 �, . APPEALS COMMISSION MINUTES OF APRIL 14. 19�1: MOTION by Councilman Schneider to conrur with the recommendation of the Appeals Commission and grant the variance to tncrease the hetght of a wall sign from three to four feet on an approved sign plan for Shorewood Shopping Center, located on parcel 1500, Aud�tor's Subdivision IVo. 88, the same being 6225 Highway #65 P�. E. Seconded by Councilwoman Meses. Upon a voice vote, all voting aye, Mayor iJee declared the motion carried unam mously. (�UTION by Counc�lman Fitzpatrick to receive the minutes of the Planning ' Comm�ssion Meeting of April 22, 1981. Seconded by Counc�lman Schneider. Upon a voice vote, all vot�ng aye, Mayor fdee declared the motion carried unaniinously. �, � c�a' RECEIVING CATU MINUTES OF APRIL 9, 1981 r �._ i- IN AN AMOUNT NQT TO MOTION by Councilwoman Moses to recetve the minutes of the Cahle Television Canmission Meeting of Apr�l 9, 1981. Seconded by Councilman Schneider. Upon a voice vote,all votinr aye, Mayor Nee declared the motion carr�ed unamrnously. Mayor Nee asked about the Comnnssion's request to purchase port-a-pak equipment. Mr. Qureshi, C�ty Manager, po�nted out they are tn the red from where these funds would have to be taken. Mr. Buckley stated the port-a-pak untt at the lik�r_ary is easy to operate, however, some of the equipment they have available for public access is a little more difficult to operate,. He stated there have been times when one addttional port-a-pak would help immensely and there �s a need for it. No act�on was taken by the Council on this request. , Mayor Nee asked �f Council wished to consider the Cable Television Comm�ss�on's motion to hire counselfor the refranchising. �� REGULAR COUNCIL MEETING OF MAY 4, 1981 PAGE 16 MOTION by Councilman Schneider to authorize the Cable Televtsion Commisston to hire Doug Hedin, with a separate fund to account for the fees being paid for the refranchising. Secaided by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee �eclared the motion carried unanimously. JIDING PARK FEE AND APPLYING TO INDI MOTION by Councilman Schneider to grant Mr 6rickner's request regarding ' the park fees for Heather Hills West and direct staff to draft whatever legal agreements are necessary to provide potential buyers,of t� property w�th notice of the park fee. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. ' ���,� CONSIDERATION OF ANOKA COUNTY LAW ENFORECMENT JOINT POWERS AGREEMENT FOR — MUTUAL AID: � � c� � ��, � �; C'�� Mr. Hill, Public Safety Director, stated he is reoammending approval of this Joint Powers Agreement and stated they novr actually cross boundary lines when emergencies exist, but there is concern, and this agreement would legalize tha� operation. MOTIDN by Councilman Schneider to authorize the execution of the �oint Powers Agreement for Mutual Aid. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CONSIDERATION OF OPERATIO(� LIABILITY INSURANCE: Mr. Herrtck, Ctty Attorney, stated he has worked with Mr. Hill and met with the City's present insurance agents to discuss this matter with them. He stated he is in favor of it, but whether th�s is the right time to act he supposed �t is a calculated risk to wait until the next insurance btdding. He stated he had a question if this type of insurance, with th�s part�cular company, was one where the City might have a deductible and if it would make any difference in the premiums. Mr. Hill, Public Safety Director, stated he suspected this was not the case because they are proposing the $500,000 limit. He stated they did not discuss deductibles, only the pro-rating. Mayor Nee felt they should receive a report from staff, 6ut would like to move on this item within the next several weeks. RECEIVING COMMUNITY RECREATION BUIL�ING NEE�S ASSESSMENT COMMITTEE FINAL REPORT This item was discussed earlier in the meeting. CONSIDERATION OF AGREEMENT CONTRACTS NOS. 67 AND 191, METRO WASTE CONTROL COMMISSION: MOTION by Councilman Schneider to authorize the execution of Agreement Contracts Nos. 67 and 191 with the Pletro Waste Control Commisston. Seconded by Councilwornan Moses. Upon avoice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CITIES. DY AGREEMENT WITH MOTION by Councilman Schneider to adopt Resolution No. 58-1981, and authorize � the execution of the agreement with the League of Minnesota Cities. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. �� � - REGULAR MEETING OF MAY 4, 1981 : PAGE 17 ITTIPJG OF SPECIAL MOTION by Counc�lman Schneider to adopt Resolution No. 59-1981. Seconded by Councilwoman,P4oses. Upor'a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. `tj f�` CONSI�ERATION OF PERSONNEL ACTIONS: l,; �� L,a ,I._ r, '� ��� MOTION by Councilman Barnette to concur w�th the appointments and removal from employment by the City Manager as follows: APPOINTMENTS TO CITY POSITIONS NAME Joseph E. Gaylord 6224 Louisiana Ave. N. Brooklyn Park, MfV 55428 Michelle M. Zwicky 509 2nd St. N.E. Mpls, P4N 55413 Nadine I. �yrkas 30 116th Ave. N.E. Blaine, MN 55434 Bomta L. DeMeyere 6620 Anoka Street Fr�dley, MN 55432 REMDVAL FROM EMPLOYMENT �ahn Wright 563 Ely Street Fri dl ey , MN 55432 POSITION Police Off�cer Police Dept. EFFECTIVE SALARY DATE REPLACES $1400 Month Off�ce Assistant $858 Police Department Month Police Ass�stant Police Dept. Work Processing Operator, City Management Ch�ef Mechantc Public Works Ma�ntenance $858 Month $918 Month May 26, 19F31 April 27, 1981 April 27, 1981 May 4, 198� May 20, 1981 Charles Hanson Renee Kaulfuss Debbie 0'Bert Kathleen Williams Seconded by Councilman Schneicier. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 089A30 through 120Z05. Seconded by Counciiman Schne�der. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carr�ed unanimously. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the L�cense Clerk's Offi ce. Seconded by Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carrted unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Halvorsen Construct�on 4227 - 165th Avenue N,E. Wyoming, MN 55092 Est. No. 2- 1981 Mtsc. Concrete Curb & Gutter Contract $J�6,341.50 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, h1ayor Nee declared the motton carried una mrnously. ' , ' 1 � � REGULAR MEETING OF MAY 4, 1981 ADJOURNh1ENT PAGE 18 MOTION by Counctlman Schnetder to ad,7ourn the meeting. Seconded by Counctlwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrled unanimously and�lthe Regular i�1eeting of the Frldley City Counctl of May 4, 1981 ad,7ourned at 12:40 a. m. Respectfully submitted, , � ���� ,���-�o°-� Cdrole Haddad Secy. to the City Council Approved: May 18, 1981 � �,�i � � � � � ��r�_�- �_ � �,' ,��,�C,���. , , Willtam J N� Mayor