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07/20/1981 - 00013160?`1�1. � � °� THE MIfJUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 20, 1981 The Regular Meetinq of the Fridley City Council was called to order at 7.34 p. m, by Mayor Nee. PLEDGE OF ALLEGIACJCE: Mayor Nee led the Council and audience in the Pledge of Alle9iance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Mayor Nee, Coui�cilman Fitzpatrick>�Cduncilwoman Moses, Councilman Schneider, Cmuncilman Barnette �►�[�7�T-.7 PL'BLIC HEARING MINUTES OF JULY 13, 1981: MOTION by Couricilman Schneider to approve the minutes as presented. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADDPTIDN OF AGENDA: MOTION by Counc�lwoinan Moses to adopt the agenda as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. OPEfd FORUM, VISITORS: There was no response from the audience under this item of 6usiness. OLD 6USINESS: ING A NEW CHAPTER 108 OF THE FRIDLEY CITY CODE EPdTITLED MOTION by Councilwoman Moses to waive the reading and approve ordinance �r735 upon the second reading. Seconded by CoUncilman Schnoider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. F SECOND READING OF AN ORDINANCE AMEN�ING CHAPTER 205 OF THE 205.051 AND 205.054-2C• MOTION by Councilwoman Moses to table this item until the August meeting Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanirnously. CONSIDERATIDN OF SECOND READING OF AN ORDINANCE AMENDING SECTION 113.10 (7) JF CHAPTER i13 OF THE FRIDLEY CITY CODE ENTITLED "REFUSE DISPOSAL"• ' , Councilwoman Moses stated she had a chance to talk to a few people inher neigh6orhood, and the only real complaint was that one garbage hauler leaves the truck in a certa�n spot for 1/2 - lhr., which is �rritating to the neighbors. As far as timing, most people oid get up at 6:00 a.m. She felt the garbage haulers could educate the people a l�ttle better as to where the garbage cans go. She under- � stood some haulers charge a cheaper rate if cans are placed on the curb. Even if people were notif�ed by the haulers to put their cans in front of the 9arage, it would save time in picking up garbage for those residents who usually place their garbage cans behind the garage. She did not feel that moving the hour of operation from 6.30 a.m. to 7:00 a.m. would hinder the garbagehaulers, and she would like to see it changed to 7:00 a.m. REGULAR MEETING OF JULY 20, 1981 PAGE 2 Mayor Nee stated he was very sympathetic to the garbage haulers and was not aware that the garbage trucks created that much of a dtsturbance. But, if they are going to restrict other businesses to a start�ng time of 7:00 a.m., then they should be consistent. Mr. Larry Plessel, 15323 Ramsey Blvd. N.E., Anoka, representing Plessel Sanitation, and Mr. Ben Shutrop, 7041 - 160th Lane N.W., Anoka, representing Woodlake Sam tation, were in the audience. , Mr. Plessel stated they try to get off the busy streets before 7:00 or 8•00 For example, East River Road is a killer, and they try to arrange their route so they are off that street early. That is why it is good for them to start 6y 6:30 a.m. He did not see why the time should be changed since there have not been any complaints. Mr. Shutrop stated that at the first reading, he felt the Ctty Council was �n favor of 6 30 a.m. From a garbage hauler's point of view, a 7:00 a.m. starting time is not good at all. Counctlman Schneider stated he had no problem with having the haulers start at 6:30, but he had a problem with the consistancy as other trades cannot start until 7:00 a.m. Councilman Fitzpatrick stated that the whole ordinance is based on 7:00 a.m They cannot make an exception that would not include, for example, construction and all other �noisy activities. fdr. Plessel stated that when the Council members say they cannot make exceptions, he felt this is one exceptton that should be made. They do an important serv�ce for the residents of Fridley. He did not thtnk there was a problem with the people complaining about the noise. It was better to make an exception than to go with 7:00 a.m. and then not enforce tt and let them start at 6 30. The C�ty would proba6ly get more complaints that way. � MOTION by Councilman Barnette to table consideration of second reading of an ordinance amendtng Section 113.10 (7) of Chapter 113 of the Fridley City Code entttled "Refuse Disposal" for an indef�nite period of time. Seconded by Councilman Schneider. Upon a vo�ce vote, tJee, Barnette, and Schneider vottng aye, Moses and Fit�patrick voting nay, Mayor Nee declared the motion carried. �� Mr. John Flora stated that the first reading was held on February 9, 1981. At that reading, it was directed by City Council to hold the second reading until Winfield Development f�nalized the�r plans for development of that property. Winf�eld Development has now ftnalized those plans, so the City is moving ahead with the Zoning change. Mr. Flora stated this area is along the west side of Univ., just below the Paschke 3-story office building. Winfield is lookin9 at constructing two buildings on that parcel--the one parcel on Lots 2& 3 would remain C-2, and the remaining Lots 4, 5, and 6 are being requested to be rezoned to M-l. Mr. Flora stated that at the fi rst reading, the only stipulation identified by the Planning Commtssion was that the developer work with City staff in coming up with a fair portion of roadway cost for that street which the City � has construct�ed into the Corronunity Park parking lot, since the developer's plans call for utiliztng that street as an access into their parking facilities. 1 � REGULAR MEETING OF JULY 20, 1981 PAGE 3 Mr. Flora stated that at the February 9 meeting, the ordinance presented to the Council was the one shown on page 4 of the agenda book. During that meeting, the discussion evolved to ut�lize the recommendation that was submitted on a compromise posttion by the Plam m �g Commission to rezone omly the southern 3 lots. The minutes did not specifically state that a motion was to have the ftrst reading of tlie ordinance as presented as an addendum sheet, but the gist was that it was a motion the Council members would support. MOTION by Councilwoman Moses to amend the ordinance to delete "Lot 2, except the northerly 50 feet, and Lot 3". Seconded by Councilman Barnette. Upon a , voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to waive the reading and approve ordinance ;'737 as amended upon the second reading. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS. �'" CONSI�ERATION OF VACATION REQUEST, SAV #81-02, BY PETITION #3- C�' ni i rv rncrnnrnir rnor �rnr nr rncT nr��rn nnnn nr-r�.rrrni c�i nvn c MOTION by Councilman Schne;der toset the pu6lic hearing for Au9ust 10, 1981. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously MOTION by Councilwoman Moses to receive the �uly 8, 1981, Planning Commission minutes. Seconded by Councilmi�rn Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. (�=;, RECEIVING h•1EM0 FOR REQUEST OF $390 FOR IYDP COUNTY FAIR BOOTH, PRO.]ECT " rnnnnnr-r�rrr nr iinr. Mr. Qureshi stated the IYDP Committee is requesting the City advance them $390 so they can rent a booth at the Anoka County Fair and also sell balloons at the booth. They hope to makf enough revenue to return this money to the � City. Hopefully, this will develop a better awareness of the International Year of Disabled Persons. He stated that since this is the International Year of Disa6led Persons, he thought it was a very worthy cause. Councilman Schneider stated he had no problem with the concept, but he was concerned w�th the City setting a precedent by acting as a banking institution for loan�na mon�cs. Mr. Qureshi stated the City could donate the $390 to the IYDP Comm7ttee. Then, if the Committee does make enough revenue and wishes to return the money to the City, the City would accept that money. MOTION by (,ounc�lman Schneider that the City donate $390 to the Fridley IYDP committee for the IYDP County Fair booth and sale of balloons. These funds to come from the 6udget allocated to the Human Resources Commission. Seconded by Co�inc�lman Barnette Mr. Flora, Public Works Director, stated that Barb Terpstra, Co-Chairperson of the IYDP Comm�ttee, and Dean Keller, a member of that Committee, were in the audience to answer any questions. Ms. Terpstra stated the Fridley IYDP Committee is going in half with the Coon Rapids IYDP Comim ttee with th�s effort. She stated the balloons will have the IYDP national emblem on them. The balloons will sell for $2/each. � They expect a profit of 31,000, which will go for the survey they are going to conduct in the fall. UPON A VDICE VOTE, ALL VOTING AYE, Mayor Nee declared the motion carried unanimously. S' �� � REGULAR MEETING OF JULY 20, 1981 PAGE 4 MOTION by Councilman Fitzpatrick to adopt resolution �74-1981 setting the pu6ltc hearing for August 10, 1981. Seconded by Oouncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi stated that a representative from Wrnf�eld Development was tn the audience. Mr. Rob Taylor, Winf�eld Development, stated the fi nal drawings are being prepared right now by the architect. Hopefully, w�th being able to put together the financing and with the approval of the Council, they are optimistic they will be able to start the building this fall. Councilman Fitzpatrick stated that because this building would be immediately north of the new Commum ty Park, he felt they were not so much interested in what the building is going to look like as they were about the antic�pated uses for the building. Mr. Taylor stated they are as concerned about the compatibility of uses between the tenants in the building as the surround�ng netghborhood. In their buildings throughoui the Twin Cities area, they practice a h�gh degree of control tn not allowing the kinds of uses that often come to their buildings such as auto body shops, things that use outside storage, etc. They are mostly looking for light manufacturing, warehousing, printing, service uses. There will 6e a relatively high degree of office fi nishing at the ends of the building both facing the city park and facing the Paschke office building. It is ant�cipated that the ends of the building in these locations, for at least a depth of two 6ays, will be devoted to office space. He did not th�nk the City Council would be disappo�nted in the uses that wtll 6e housed in the building. � Mr. Qureshi stated that he would encourage Winfield Development to make all poss�ble material available at the public hearing on August 10. lie thought the City Council would like to see the general layout of the building and the outside architecture. �� RE50LUTION #75-19 r, _....,,,._...., �.,._. . � aS� DUSTRIAL IC HEARING NG THE PUBLI ICIPAL MOTIDN by Counc�lwoman Moses to adopt resolution ;�75-1981 setting the public hearing for August 10, 1981. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I] Mr. Flora stated that the Parks & Recreation �epartment advertised for resurfacing in a number of their tennis courts with a green asphalt-type surfacing. They recetved btds from three companies, but 6ased upon the information that was received and the bids, Dr. Boudreau, Director of the Parks & Recreation Department, is recommending that the bids be received, but that a contract not be awarded at this time. MOTION by Councilman Schneider to receive the bids on the tennis court resurfacing � and color coating. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. =o v `� ���i �; ��l �_ REGULAR MEETING OF JULY 20, 1981 PAGE 5 MOTION by Counc�lman Schneider to re�ect all the bids on the tennis court resurfacing. Seconded by Councilwoman D1oses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mr. Qureshi stated they still plan to get th�s work done this year. -1931 OPPOSING THE ESTABLISHMENT OF A HAZARDOUS WASTE PROCESSING e Councilwoman Moses stated she had a Guestion regarding the fourth "WHEREAS". "WHEREAS, the area �s comprised of ma�or ex�sting developments, and the City comprehensive plan provides for over thirty acres of inedium to htgh dens�ty residential development in the proposed site, and any consideration of a hazardous waste processing facility in this area will be inconsistent with the plan; and .." She felt that something should be added saying that the City is in need of this land for res�dential. Couiid they put a little more strength into thi s paragra�;h� P40TION by Counc�lwoman Moses to amend the resolutton to insert the words, "much needed" as follows. "and the City comprehensive plan provides for over thirty acres of much needPd medium to high density residential development in the proposed site..." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion c�rried unanimously. D10TION by Councilwoman Moses to adopt Resolution #�76-1981 as amended. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RESOLUTIOP! #77-19II1 DETERMINING THE NECESSITY FOR P,ND AUTHORIZING THE �] Mr. Flora stated the Moore Lake Restoration Pro,7ect calls for a diversion of storrrn�ater from Moore Lake to Rice Creek. One of the ma�or phases of the pro�ect calls for the divers�on of the existing ditch which takes , the stormwater from the entire area of Moore Lake, diverting tt through a pipe into a small detention pond and then through another pipe into the existing ditchline wh�ch runs parallel to Hwy. 65 on the west s�de. Mr. Flora stated the plan is being developed by Hickok & Associates, and the City has, based on that plan, coordinated all the ad�acent property owners to obtain easements to place this pipe under the ground. They have received an easement f�rom the Shorewood Plaza property. They have talked to Max Saltterman, who owns a ma,7or portion of the porperty, and he ts agreeable to give an easement if the City would also put this segment of ditch into pipe that runs essentially from West Moore Lake Road to a retention pond. Hickok & Associates is agreeable to this. Mr. Flora stated three of the property owners ad,7acent to the Moore Lake Park have agreed to provide easement. One property owner is opposed. Therefore, they have submitted a resolution requesting that the City Attorney work with the property ovaners to obtain the easement to install the pipe necessary for the Ploore Lake Pro,7ect. hi0TI0N by Councilman Schneider to adopt Resolution fJo. 77-1981. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared th� mot�on carr�ed unanimously. � "�; �ONSIDERATION OF RESOLUTIDN CERTI Deleted from agenda. TO BE 1982: , r_ � ' -�� c°� � t, i�; REGULAR MEETING OF JULY 20, 1981 PAGE 6 P10TION by Councilman Schneider to adopt Reso1ution No. 81-1981. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ING AND DIRECTING THE COMBININ6 OF SPECIAL ES MOTION by Councilman Fitzpatrick to adopt Resolutton No. 79-1981. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mottion carried unanzmously. � � KtJULUI lUIV #YSU-1yt51 HUIFIUKILING HIVU — ASSESSMENTS ON OUTLOT A. PARCEL 660 MOTION 6y Counc�lman Schneider to adopt Resolution No. 8D-1981. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. �� i;,j ESTIMATES: MOTION by Councilwoman Moses to approve the estimates as submitted• Herrick & Newman, P.A. 6279 University Avenue N.E. Fridley, MN 55432 For services rendered as City Attorney for the months of June & July, 1981 Walhunt Construction, Inc. 1640 - 177th Avenue N W. Cedar, MN 55011 Partial est�mate #2 - S& W Pro�ect #133 TKDA and Assoc., Inc. 2500 American Nat'1. Bank Bldg. St. Paul, MN 55101 Eng. Services, May 1981, Infiltrat�on/ Inflow analysis Eugene A. Hickok & Assoc., Inc. 545 Ind�an Mound Wayzata, MN 55391 Professional services - June, 1981 - Moore Lake Restoration Pro�ect $4,810.58 $7,302 10 �2,816.83 $5,320.02 � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. f i' REGULAR P1EETING OF JULY 20, 1981 - r' CLAIMS. �'� t' PAGE 7 MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 19740Q-197UO2. Seconded by Councilman Schneider. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. I� ,,,� LICENSES -�'� MOTION by Councilwoman Moses to approve the licenses submitted and as on file in the License Clerk's Office. Seconded by Counctlman Schneider. Upon a voice ' vote, all voting aye, Mayor Nee declared the motion carried unam mously. ADJOURNMENT. MOTION by Councilman Barnette to ad,7ourn the meeting, Seconded by Counctlman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously and the Regular Pleeting of the Fridley City Counctl of July 20, 19H1, ad�ourned at 9:04 p.m. Respectfully submitted, � ' � �� �-. ��� Lyn e Saba William J. Nee Recording Secretary Mayor Approved August 3, 1981 , ,