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11/08/1982 - 00012768THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 8. 7982 The Regular Meeting of the Fridley City Council was called to order at 7:38 p, m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee Ied the Council and audience in the Pledge of Allegianee to ihe Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrlek, Councilman Hamernik, Councilman Schneider and Councilman Barnette MGMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING OF OCTOBER 25. 1982: MOTION bp Councilman Barnette to approve the minutes as presented. Seconded by Councilman Fitzpatriek. Upon a voice vote, all votin� aye, Mayor Nee deelared the motion carried unanimously. ADOPTION OF AGENDA: MOTIDN by Councilmau Schneider to adopt the a$enda as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: � Mr. Mike Johnson, Storer Cable Selevision, stating he would be leaving � Fridley, due to a promotion within the company, and personally wanted to thank each member of the Council and members of the etaff for all their help. The Couneil stated he has earned the promotion, but they will miss him in Fridley. Mr. Ed Wilmes stated his purpose of attending the meeting this evening was because of two recent articles in the local paper whieh stated that he planned the hall of fame for the handicapped. He stated there is a committee which has been approved 6y the County that will be takin� a hard look at this and setting up a plan on who will qualify. Mr. Wilmes stated he has talked with the North Stars, the Vikings and the Twins to see what help can be given in this area. Mr. Wilmes stated the Islands of Peace was a ehallenge, as this will be, but they should be hearing from this committee around the first of the year. Mr. Wilmes stated the request he is about to make is very unusual. � COUNCIL MEETING OF NO��RMBER 8. 1982 PAGE 2 "�,kig He stated at the Islands of Peace there is a sign at the entrance that states, Edward T. Wilmes, Founder. He stated, when he first saw this area and the visions he had for the Tslands of Peace, he was with his dog, Grandy. He furiher stated the people who have received the gifts of love from this dog would fill this room many tames over, therefore, he would like this sign to say; "founders, a nan named Ed and his dog named Grandy". Mr. Wilmes felt this would show that the Gity and this community appreciates what even a dog contributes, and felt this inscription eould go on the back of the existing sign. He statecl he hasn't "flipped his lid", but has had the privilege of having this dog beside him all these years and was asking for the privilege of having the dog�s name with his. � Mayor Nee stated it is a question whether it is the City's sign or the County's. Councilman Barnette stated he would be in contaet with the County regarding this matter. STATEPlENT OF CANVASS: CANVASSING OF VOTES OF NOVEMBER 2. 1982 GENERAL ELECTIDN: MOTION by Councilman Fitzpatrick to receive and certify the canvass of election of November 2, 1982. Seconded by Councilman Hamernik. Ilpon a voice vote, all voting aye, Mayor Nee declarea the motion carraed unanimously. 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P � � I i � N I n I M � N � � I I �I �l NI I'II �I nl �1.�1 .I �I �1 �1�1 � � � Y• J O w '� o r ^ ^ �;�Y^ � I w I • �f�N 11�� . ��_�� I 'I�a6p��3 � L P` Ca ^ � � ^ � N i M Mp r� I � � ~ I 4 : � ^ p�Y P: � � ■ I 3N� N� �,-� �g� � I�I IN� I G � f ^ y�pQ � N i AI �I r 1M�` I r iY 87 a �� I �� I �) �� AI I �m��Y� I � N�� .� _� ��. � �s�c� ��a� � � o II �11 ^ �I � I� ~I{ �II �II �II �II �I� �II 3Il �� li � PAGE 7 1 � � � � COUNCIL MEE7ING OF NOYEMBER 8, 1982 L� � � � �I �� 1 �N �I�� WW W>p NI Y i � n 3 :� � . � .� � N i n : N f i N � N ► N Y N ►� N i N� : _ :� � �� . . _ �� : M � � `1 � i �" � .~n s � � ^ � � sl � ^I � �� 'I �I �l ~i 1 �I I -� p �� I �I I �� I �l ^� �� ) � rl �� o� ^I x) NI � � � �I �� ^I 1 �i "I �� ~I �� ^ / � �� ~� � ^I I -I � �l �1 R� ^� �1 � � � �l i '! � � .1 R! f �I ��4�I�I� �� s" � t � ��_ �sEgx� �_ �� a � 1 �I � � $�i �II ^�� o�J ' � «I � �II �I� � t �� N RII �11 �ll �I� �II � � �I al OI I ial �I �� n�• AI MI) I r� �� =I � � �I �I. �I♦ ��- �� , AIf1 �� ^I � �I $I �I� �+ I w _� _� €� :� � .= �a f � �� p =u t�i 6 "7 !1_�� PAGE B " 0 _ a��,; . CDUNCIL MEETING OF NDVElIBER 8. 1982 �� i � -W�.w' � �€ �� M - � � � W � �. � � w il •I ^� sl �� I ;� ^� 1 il NI ^I =I �I NI a ii � ^I � =1 ^I I � il �I I N �� •� ^� �I N� � 3! � i �� 1 � �1 gs� �a� w � oll �I I '{I oll ^II �I1 �II �11 N� I �� I �I . �� I � � � � � N � � � � � w �I rl ' I I� I^ I t�� A�I MI � I^ I'� I I C N� �f �I e I I M� I t Y^ �I �I ^I�I�I�I t`. a��i �I-�sl�l �� =1 �i ^I^I�I^1=�" �I =1 ^I NI NI N I �I �I O I ~� � � I � � ^ I � � �1 � Y� ^I � Y � �€ �� Y � � �� C �ti O� a�Ja�[ �I I E� C.. _� � I I E� �_ i L Y � ✓ � N N b N � � N I �� ' I � Y O M � Eo L M � N i � �e LY � N I `I rl tNw : � ! g � g Y j ��a� PAGE 9 e � I I u � � COUNLII MEETING Of NOYEMBER 6. 1982 � � � � �� _ �� n `� � �W>p� � N {Wp Z � ; _� 6 i �+ 3I n � o � � ; y a t N � � N � � N t= N MI3 T� s � �� I �� ° t N \ �1 �I �I �i �1 �I �I �I �I �I �I �l �I � � � W � t � X� wln �I� �I �� elw �� O � .S`. �' '1 I^) � ��i1 I 1 ^ I I � � I �� i�i�i �I 1 ^� � ^� I 1 � I � • I I ^ I � ^ I ^ I N I � � � � e I ^ I N � � � �I ^� 1 wl I ^I �I �11=1 i MI ol el N� M� � ^I V � I ^ I � ^ I � �� _ �^ s g t W� . s� � � y� �r �6 O�Z 1`Jt � � O = �N f F� ■� ��p i � � � � $ I) �I) ^ II M i �� I I � � I I N �� ll �II • �I �fl F PAGE 30 ��_ + - a COUNCII MEETING OF NOYEMBER 8. 1982 G � �N ` L W �g N � � iw � M � � � � � �i ' � � A � � f ^ f N ' �I � i 1 ■ � y ; n •I ! 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M 1 � s � i TI ! � � i �1 � � � � s « 1 Y s � 3 ^ : s � ; • � a � r w � w � o � w� e I ��^ I N I ^ I ^ � I � � �' I I � I � I ^ I ^ I _O I� I � I N I � I ^ � � I ^ I �i�l�i I _ I O � � I I P � ' I � I ^ I �� N I w I I � I ~ I � I - I � � ^ 1 ^ 1 I �I�I g�� « i � T .Y Y ��a � � w � °II � I I ^ II e II ^ �I � I I �il l� ~ II �II NII `II �II � ��^�� ^� NI �I �I �I I �I �I ^I �I I �� ~I N� •I I �I ^� I ^� ^I 81 N� I N� ~� PI NI ~I �I ^I I �I �I ^I �I I �I �I �1 •I I PIN� ~4 ~1 ^I I I �I ^I I ^I � _I ol I ^� I O� ~I ^I ~I � �I �I ^I �I ^I M � a i g� x��a � � OI I �I �I � � N�� I� �I �� I NI�I �II NI I •II �11 �rp F PAGE 11 � � � ._ � � COUNCIL MFFTING OF NOVEMBER 8, 1482 PAGE 12 � 1 � �� « �� W �g � � � O �� w s ^ � ^ � �� ~� ~� 'I � �I �i ~I a� ( �I �i �I 1�1 I �I o� ~� � ^� w� il OI •� I �� N� il ^I _I I el �� I �� ^I ~� 'I I �I �l �1 I �I I �I �I �I �I �1 ^I =I �1 �I ^I si I � �i �I I �I 1 =I �I o� NI �� I i� �1 ~I YI N� ^I r � �gx : g b � a � � O �li =1! �11 ^�� I I p ell �II �II �II G1 I � � �I I �� -� �� '� V� �� ~� I �I �i ^i �I t �I NI I N� ^� �I �� ^I �I ~� il �� ~I �I ^I �� I ^I I �i NI ^I �I i �1=f ^I �I ^I �� ^� � NI I �I �I i �I I �1 �I I �I l N� n� N� ^I 'I w � °II w� I �I i �{I '�I o�l OI I �II ��I �II �I �I �I � �p � L M � : � � � d ° e w � Tn �� ^I' MI �I � , w1 �I � Y�I NI NI� wIw :f I NI� w � �I ..� w.i I �� M1 NI 'I I �I �i i �J � �I � �� =1 � � r� E � �i� COUNLIL MEETING 0� NDYEMBER 8, 1982 �� J: Y� � �p � L � � �� M� e w � 7I !I ^I il MI I il �� I �� ~� � �I�I~i �INI�I i(f I I !� I 1 7I N I ^ I 7� �� I �i I � �I I � _I rl � Y a � � °ll O � N � O : �I N I� aI oI N b � �11 � a � � � ^ ^ w �I �I ^I �I 'I MI �I �� I I �I �I NI �I I �� =� �� -� ��- �I �I�I�I~I �I �1�1�1�1 g �I �I ^I $� I �� $I R % u 1 I I I I �� F�I ~I �I ^I f I �I I �I I ' ^� �� I '� � �1 • nl ~1 ^I I �I N� � �r ^I w t = r � � e L� �JN � � O � u� �- � � $11 O � n � � : � N 0 � N � • ~I� •fl �II � PAGE 13 � � � 1 � COUNCIL MEETING OF NDYEMBER B� 1982 1 � ; i � �� i.I N YK � i W W W �Y ` � �^ i N6 � = � � � �I �l I �i �I =�� I �ll s �I I �1 I � i �II NI L� � nli =� . � _ �I: . ; . ;. r N n � � � = � � n I n �= , 3 �� 3 :�3 4 � � � s�a� � ��8��-�� 3� s� I ol I. � �'�I w� . � � � i i .�' T F �v � � � 3 � �s � t � � M M • n�n �il �� I �� o) tll M r. e r � � ~I I �� I =f I �I ^I �i ^1 �I �I =1 I �1 �I fl ^I •1 I •I ^I w� � � :��_,�� „I ~I ^� I �� ~� I +I ^� i Y M � C �� s� � � a �l PAGE 14 r . ^ � � I� I -1 I� I � i $I I N� N( OI mlm � � �,:a:� '��:� �'i LOUNCIL MEETING OF NOYEMBER B. 1982 �� N Sp � W> Y ! M � �F i^ �6 � �I L i �� NI � � Ii �I : � �� . �� . � t N �� U 6 � �I � a �I � i n� s a �1 �s R 6 � A�A �I �I �� , 0 ��0 R N I ^� I ^I � �� I ^I i�l � « � +� i ss ^I 1=1 I I ^� I �� I I ol � ^I � � �I lel I I - � I p I I . � � � � ~ � � � � wl IRI � ie^ ( :� i � t F �� f � �� 1 �I �I �I �I� �I � t � �I �I �I �I • �1 �I � � r w � M � � I I ^ 1 ^ I I I � I I � � � � � � � � I ^ I � I -I IRI~i °i 1=1^I �! 1=1 I w � I � I 1 gl I'�^I xl Igl 1 �I I �I � 8 � � ~ I I � � I � I ^ I w w r � � C ��_ � � � � II � A � p =11 � �� N i � 1l ' � 1 I �II � _ II � I I � PAGE 15 � � � l ,� ,�,�, LOUNLIL MEETING QF NOVENBER 8. 1482 +1 � 1 �� ] � s� � N � L W �� _ � :� � � �� «! � AJ i . =1 : .+ _ � �� : N � � _I� N � I � .� N � MI � i :� i nI t i �l 31 �� w � � � �� I � � � ��N I �i�i I �1�1�g� �II�� I sl1��l I �I � �� I�li I sl i �I ^I � ~� I �� •� I �� .I I �� I �� ( �� ^� � �^� ��$��a# �I �I �i �I 11 �I � �I � �� I I �� nll �I I �� nM II'� �I � s 0 O � � o� w M � �� 1 I r�w �� w 1�1 Fs�l � � � � i�i ! 1�1 I I��I i 1�1 I I � � I I xl i i I I ^I I li I$g�l � �I I I � � I I �� s � ; � f�i ��a� �I �� i �I �i �I �I �11 NII �!I N�I `�� PAGE 16 ! _ .. .� COUNClI MEETING OF N�YENBER 8. 1982 u 0 �� -�� W �� _ �= H W t M6 � -1 ; �I : � N� n1 i .I �� I � a � � : �� l �� =i N � �� I L � �7 .; �_ � � � � �f I $� '1 I RI !�I i I wl I �� I I nl I _I "� a� i � o� 1 ^� ~1 I ^I � ^I 1 I �l I�1 I I wl � ^1 � I �I I �I ^I I ~� I OI � I •I � wl I. I ^I{~I{ 1 �i 1-1^I� I ! M � � e r Y ��a� � �II �I! ^�� pl{ a �e �II � �!I � � �li � : �II ' � s Jp N I I ', � ��I � �II o �I �il � _ � � a « � Igl^I: � Ixl I � � ^ I � � I ^ I ^ � 1 I � � ~ � � i�i^I � 1=1 I � I � I I � I � l ' I � � ^ 1 � � I w I I � ( sl I � I =1 �I Mr w 7 Y � � � €� g g x i €.��a� � � _� I $ll I �ll � ^II 1 �II I ^II I �I1 I �ll I $II I � ~If I �II I �II I OI I I �I _ � PAGE 1) � �� CDUNCIL MEETING OF NOYENBER B, 1982 � � �__J �� F ^ il �� I� : 31 =1 � �� ^I �I � =I NI �_ I � � �3. �3 : 3 � � �I � ^I � �y^ J � � ^I � �I ��i � I � I ' •t w a �� g � C C i 8N � � � � Y a � � � fl � �I � � � � � € � � s �i � w N I w I ^ I I � I I I�I ! I�I^I � � � ~ I I � I ^ I 1=1 l I ^ I I I N I ^ I I ^ I � I � I I I�) I I^I�I M � � gY � � � I 1 I �i f V e = O �' L Y •� C 1.J C � O � O^ M � I I C L� .I �� I � � w � ��I �II =11 �II ^II �I I �I �I I NI I � I � I �� PAGE 18 �� ,_? �x 0 LOUNCII MEETING OF NOYENBER B. 198T �� WS � �� = � ML � � : � A� � i `1 a i 6Ii I 6 � � � ! N� : a :� � NI ., s� il .� c S �I . � � � : � N M a �1 sl n N�M „` I NI� �� l �I �IN �l o�� o�� _ �� aS � � w e w"i � w 1 M �� ~� ^I ^� � �� ~� �� I I �� I �� I � �I�i�{�{ ��i �I NI nl N+ �L�il _> ^� N� ~I ^I � � p �rI 7 p � ! ^1 ^� ^I I � sl ^l ^I I l �� ^I �� ^) � �i �I �I i I ~� �� al . 1 I Ql �I �I I � I �I ol =1-1 ! � ��:� M �W � � d �i w � � OI I ��I ^II M e ^II �II �� I �11 �� M�r Nf� � g'I �; �1l � ■ ~ � �� 0 V ^+f L y�F e b M Y gi �� Y Q AL � � M O 3$ �� L e' €� €_ vY �3 � � Y t � � � N € � PAGE 19 � � I� I , • 'LOUNCIL NEETING OF NOYENBER B. 1982 � �� 3 � i � _ � � � � . � : � e � s .� e .^ �� , I i � N I � � o � I �"' � C N Q j C � � I ° f e m O � �' W W � W � O • i I W � u � � I � V Y � Q O � i � C y v t Wp � F� I I i � � I PAGE 2D m N�i � � 1�(�l COUNCIL MEETING Of MOVENBER B. 1982 �� JN Y�S yi �ip Y ! � � � w �� ► . t �c O Y W � O P � � e � G �� y�� a(��4x��a4`�p�; � PYJ�`��GL`J^ � W�� V �p i Y a r� ty� u L \ L L l f� L s : ii�>-a�,21�: f � � � �M� .� � �C�^F�? � � e€ x�: e '7� � i8�'au8 . fi €Cg � � Y ��L � u �8u° vsi� � �'=`v'i�� :e�e�� 3 Y�T�m&& « W 1��.J ci�r�'e sr �C°y uQ LG a�[ Y G�`� V�� y N 6'i� YOi9N� QY � V� Y C C Y M� T�= Y�` C �1��-«�� _�,�. �.`-,iu°y'.Bi Y.°.�i8 u c �r �`C e �� y e p V C M a €C��pSS�C�& �� f�~l�~�L/� p wa•J Y i L Oy� Q l ip T. L c C L C � UG1:J�KN�N� • w = '� ��YSY� "« � �a�':ay��'ze�€e w� `c1'Y.yy'7.rY�s° g e:°��tir°.�x� ��at��tg� �1 Yr■ ` � C �C M W N�N�Q�1 P�1 �O � ��f4�1'��~1J Q ��::�L�t� � ;��ia��sx � FCp €pp. �y�«�� W =wLLC►Yt� � YY7�LL��Y N Yy MOZNN F o �2`Y«�"� � . .. � _ � s��s��= f �• e � u v`�:c��`��'� a °c��.°�.��sw N � � _ � � O C � € • Y ]\ �� /� tt � C � Y L � L Mp L i :"�lN6rY�O[� � � 4� � s� r� � _� i � � � � PAGE 21 � e . � 8 � �� u � .rn€�a�� „^=°6=Lg3� y p V �w=[��i�'f � v rc.�c Ci • 1y 1 �p �y � ^ Y+ � 1.�OJ'i0'i�4Y A � � �� €� Sc �� O i V O � �r.��'� .o�..^� i 88Smo'�� Y � �� Y [ Co c V Y� M 11 L Y [� M l O W M C C l� Y Cp C A M � =NZ"] 4 V `�YC0�� r1 M�A��N�4'4� � P€��g��;P.°£ 7� -�iu�ii�¢�uob � � g�Q��Y�� CMp r ( 6 O DZ M y �?.y ^ W C ' � N OQ ✓ � ✓ ■E p � � ` ~�r I T�, O � � � + i O^li6JJW0 �' � � CDUNCIL MEETIHG OF NOVEMBER 8. 1982 � JI � � J�� WN •� � Y � � � � � N N � i �a I � �� PAGE 22 �� r� n q COUNCIL MEETING OF NOVEMBER 8 1982 OLD BUSINESS: PAGE 2� CONSIDERATIDN OF VARIANCE REOUEST TO REDUCE DISTANCE TO ALLOW CONSTRUCTION OF A BILLBOARD AT 72�� UNTVERSITY AVENUE N E BY FAIRVIEW SIGN COMPANY� JACK NUGENT: Mr. Flora, Puhlic Works Director, stated this variance request was before the Appeals Commission to reduce the distance from an intersection from � 500 feet to 480 feet or fros 30 feet to 10 feet to allow the construction of a billboard at 7233 University Avenue. Mr. Flora stated the Appeals Commission felt the variance from 30 feet to 10 feet would be most appropriate, however, the Planning Commission has recommended denial of the variance request. Mr. F1ora stated the getitioner, Mr, I�ugent, was present at the Appeals Commission meeting and was aware of a pending rezoning for this entire parcel, however, he was willing to put up the sign until action was taken by Council on the rezoning, even though it may have to be removed if the property was developed. Councilman Schneider asked what constitutes a valid hardship that would �ustify granting this variance. Mr. Herrick, City Attorney, stated the normal court language is that it has to be a situation that is unique to the property, and that the property cannot be used profitably for other reasons or that it is, basically, a variance as far as use. � ' �� J � LJ COUNCIL MEETING OF NOVEMBER �, 1982 Mr. Qureshi, City Manager, stated the the use of property for billboards, providing property for billboard use. PAGE 24 City's policy has been to eontrol and they have been prudent in MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and deny this variance request by Farview Sign Company. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. r�usTDERATION OF APPOINTMENT TO CONII�fUNITY DEVELOPMENT COMMISSION (TABLED 10/25/821• MOTION by Couneilman Barnette to nominate Carol Fassett, 1001 Lynde Drive, for appointment to the Community Development Commission. Seconded by Councilman Schneider. Councilman Barnette stated Mrs. Fassett has been very active in cosmunity affairs in her area and has an interest in serving on a City commission. MOTION by Councilman Fitzpatrick to cast a unanimous ballot for Carol Fassett's appointment to the Comraunity Development Commission. Seconded by Councilman Hamernik, upon a voice vote, all votxng aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE ON REZONING REOUEST. ZOA �i82-05. M-2 TO C-2S. BY CUB FOODS. 450 7�RD AVENUE N.E. AND RECEIVING COPII�IUNICATION FROM FRANK GAMS DATE➢ OCTOBER 26. 1982: MOTION by Councilman Schneider to receive the communication from Mr. Gams dated October 26, 19$2. Seeonded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Charles Hooley, President of Cub Foods, stated he felt they were given an excellent opportunity to state their case for this rezoning. He stated Fridley is where the food concept of Cub originated and they have attracted food distributors from all over the world asid every state in the United States, and they would like to remain in Fridley. He stated they are willing to ehange their rezoning request to include only 12 acres of the total parcel, and would work with the City to develop that site so that congestion would be a minimizing faetor. Mr. Hooley stated he has been in the supermarket business for 33 years and can never remember having a pedestrian accident in or around their supermarket whieh ineludes the peripheral streets. He stated he has reviewed the transportation records for the last five years and finds no pedestrian in�ury in or around their supermarkets. e _ ��' t��= "�� l COUNCIL MEETING OF NOVEMBER 8, 1982 PAGE 25 Mr. Hooley stated the petitioners against the Cub Foods store numbers 3g0 and those who petitioned for the store number 9$2. He stated those persons who come from outside of Fridley to shop at Cub and signed a petition Por the store were g17. Mr. Hooley stated Cub Foods has been a$ood member of the Fridley community and acted as a strong drawing power to attract business in the area, and helped other businesses to remain suecessful. He stated it has been their policy to employ people from the community, in which they are located, and thexr expansionwould provide 123 additional jobs in the community. He felt this would generate a healthy business climate necessary for a balanced community. He stated they have looked at every site in Fridley and objeetively concluded there is only one feasible site in the City and that is at 73rd and University. Couneilman Hamernik stated this has pro6ably been the most difficult and involved process he has been concerned with in his duty on the Council. He stated Cub has been a good member of the business couununity in Fridley and have many pluses in their proposal, however, there are also many reasons to consider denying the rezoning, and these are things they have to weigh. He stated the concerns of the neighborhood are probably the primary aspeet to consider, therefore, he soved the following: MOTION by Councilman Hamernik to deny rezoning request ZOA �k82-05 by Cub Foods, Seconded by Councilman Barnette. Councilman Sarnette stated this becomes a major pro6lem where 6oth sides are good and both sides are right, and this is not a decision he came by easily. He stated on the plus side theq would like to make every effort to keep a good industry in the City and Cub is such an industry and has a clean ogeration and would add additional tax revenue for the City. Councilman Barnette felt Cub would provide a convenient business-conscious outlet for the City and there was strong support from Fridley residents to allow the rezoning and keep Cub Foods in Fridley. He stated he cannot deny this operation would provide an additonal 123 �obs and mostly to City residents. Councilman Barnette stated on the minus side, he would agree that spot rezonir.g is not good for the City. He stated much time was spent in developing a Comprehensive Plan and this rezoning would be in violation oF that plan. He stated the neighboring residents in both Melody Manor and Holiday Hills showed strong support to deny the rezoning and these would be the two neighboorhoods most impacted as new traffic �ould be generated. Councilman Barnette stated he eommends the City staff in working with Cub and showing them alternative sites that would allow them to stay in the City, but these did not meet their criteria. Councilman Barnette stated the area Cub is proposing to have rezoned would eventually 6ring a higher tax if it remains industrial instead of commercial zoning. ' � � COIINCIL MEETING OF NOVEMBER 8 1982 PA E 3�� He stated the Planning Commission has voted 7 to 0 to deny the rezoning and the Couneil depends on those commissions to advise them. Couneilman Barnette stated Mr. Hooley and Mr. Pollard have been great people to deal with and the vote against the rezoning is not against them or their business. He stated he hoped they would reconsider some other site in Fridley, however, which ever way they choose, he wished them success in their future endeavors. Councilman Schneider stated he also wanted to express that the vote against the rezoning is not against Cub Foods. He stated he felt if the � Comprehensive Plan is to have any integrity, they have to give serious consideration to it, as people invest large sums of money based on the plan, He stated, in his opinion, it would be impossible to grant the rezoning based on the ob�ections from the neighborhood. Councilman Fitzpatriek stated he also supports what has 6een stated. He stated the people in Melody Manor made a great investment based on the zoning of this particular property and didn't feel a sufficient case has been made to �ustify the rezoning. He stated he certainly hopes Cub would find some other site in the City, as the Compreher,sive Plan does provide a good amount of land to be developed commercially. Mayor Nee stated he also shares the views which were stated and that he would like to have Cub remain in Fridley. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor rlee declared the motion carried unanimously. RECEIVING PLANNING COMMISSION MINUTES OF OCTOBER 27. 1982: VARIANCE REOUEST. SAV �k82-D�. PARK CONSTRUCTION BY RICHARD A. CARLSON: VACATE STREET AND ALLEY TO BE PART OF EQUIPMENT YARD AT 7900 BEECH STREET N.E.: MOTION by Councilman Hamernik to set the public hearing for December � 6,1982. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion earried unanimously. ITEM FROM PARKS AND RECREATION CDI•AIISSION MINUTES OF SEPTEMBER 27� 1982--FUNDING FOR NORTHEAST CHAMBER AND FRIDLEY BAND: Councilman Fitzpatrick stated the Parks and Recreation Commission recommendation and Planning Commissxon recommendation were not the same, and questioned if this was funded out of the Parks and Recreation budget. MOTION by Councilman Fitzpatrick to table this item for further information on the request and how it was funded in the past. Seeonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � r n,� + , COUNCIL MEETING OF NOVEMBER 8 1982 PAGE 27 ITEM FROM ENERGY COMMISSION MINUTES OF SEPTEMBER 28 AND OCTOBER 6 1982--REOUEST FOR STQP SIGNS AT 4FTH AVENUE AND 2-1/2 STREET: Mr. Flora, Public Works Director, stated the Energy Commission had discussed this request for a stop sign at 45th and 2-1/2 Street, and it was their feeling a yield sign was appropriate. The Traffxc Committee of Colum6ia Heights also reviewed this report and recommends that consideration should be given to the vegetation growth on the northeast corner and that the yield sign be replsced with a stop sign. Mr. Flora stated there is an obstruction at this intersection and the owner has attempted to cut th7.s tree back, however, 6ecause of this vegetation, staff felt a two-way stop sign might be more appropriate. Councilman Fitzpatrick stated the Commission made a negative recommendation on a stop sign, however, it was predicated on whether or not it would be advisa6le to remove the tree. MOTION by Councilman Schneider to concur with the recommendation of the City staff to install a two-way stop wign at this interseetion. Seconded by Councilman Schneider. Mr. Herrick, City Attorney, stated he is concerned about the vegetation if it is in the line of sight because there is an ordinance governing the heighG of tY,is vegetation, and the City did have a lawsuit elaiming they didn't enforce the ordinance. He felt, if the trees or shrubs are in violation of the line of sight ordinance, something should be done. Mr. Qureshi, City Manager, stated if they have an ordinanee on the 600ks, it should be enforced, however, if the Council feels it is un�ust, it should be removed. Councilman Fitzpatra.ek felt the motion for the stop sign should stand and staff should look at that intersection to determine if the trees are in violation of the line of si�ht ordinance. Mr. Flora stated the tree is set baek far enough, but it is the branehes that hinder a direct view at this intersection. He felt, by stopping at this intersection, you can get a clear view, however, this wouldn't be the case if a vehicle was not at a complete stop. Councilman Hamernik stated he would agree with the comments by the City Attorney and that he recently had a complaint in his ward regarding a similar matter. Councilman Fitzpatrick stated he is not suggesting they don't enforce the ordinance, but felt they are considerin� two different iteme. � � � COUNCIL MEETING OF NOVEMBER 8. 1482 PA E Mr. Qureshi stated they would seek a voluntary compliance with the ordinanee, but it might come to the point where people don't want to comply and legal steps might have to be taken. Mr. Herrick pointed out a home owner might also be liable, if they were in conflict with the ordinance. � Mr. Flora stated staff�s feeling in looking at this particular site was that you can see through the trees, but it isn't a clear line of view. Mr. Herrick stated a determination has to be made whether or not there is a violation and simply putting in the stop sign doesn't cure the violation. UPON A VOICE VOTE ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilman Sehneider, Councilman Barnette, and Mayor Nee votea in favor. Councilman Hamernik voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. ITEM FROM HUMAN RESOUCES COMMISSION MINUTES OF OCTOBER 7. 1982 - ESTABLISHMENT OF A NO-FAULT GRIEVANCE PROCEDURE COMMITTEE: Ms. Van Dan of the Human Resources Commission stated the Commission needed some guidelines from the Council if they would be in favor of a No-Fault Grievance Procedure. She stated the Human Rights Commassion of the State of Minnesota has established a procedure whereby a volunteer group in the City may act as a hearing board and review human rights problems. She asked that Mr. Treuenfels of the Human Resourees Commission explain this procedure, Mr. Sreuenfels stated the State Human Rights Department has founa themselves swamped with human rights cases and cannot keep up with them, � therefore, the idea is to enlist the aid of communities in this endeavor by establishing citizens committees that would informally bring together the two contending parties in a human rights case. He stated this No-Fault Grievanee Committee would have no legal powers whatsaever and their only funetion is to bring the two parties together to see if some settlement can be reached. Mr, Treuenfels stated the Human Resourees Commission has felt this No-Fault Grievance Committee is worthwhile to pursue and the Planning Commission has coneurred. Councilman Schneider asked what types of problems they would expect to hear. Mr. Treuenfels stated the types of cases would be those covered by the State Act of Human Rights in the areas of conflicts in employment, housing, publie service, and aiding and abetting. He stated, that in each of these categories there are protected classes and these vary from ease to case. He explained either one of the parties involved would come to the No-Fault Grievanee Committee and they would contact the other party to negotiate a settlement. He stated if they cannot agree, the No-Fault Grievanee Committee would recommend they go to the State. Ms. van Dan stated written approval is needed fron the governing board in order for them to begin this process. � ��i �� _ � �r COUNCIL MEETING OF NOVEMBER 8� 1982 0 Councilman Hamernik asked how the public would be made aware of this service. Ms. van Dan stated they would probably use cable television, the City newsletter, possibly the City's bi116oard, and she felt there are many other ways to inform the public which they really haven't looked into at this paint. Councilman Fitzpatrick asked if the State Human Rights Commission asked them to set up this procedure. Ms. van Dan stated the Human Resources Commission decided to go into this after they had been contacted 6y people in the community regarding some of these issues, She stated they are � asking permission to go into this procedure and, if they felt it would cause some problems for the City, it could be abandoned. Councilman Sehneider felt what they were creating was an environment for people to talk with each other and not trying to ascertain the correctness or ineorrectness of the informatzon presented. Mr. Treuenfels stated they can only ask the facts and have absolutely no power, but ony to create an environment where the parties may talk and work out their problem. Councilman Schneider stated it seemed like a good idea and asked Mr. Herrick if he saw any liability problems. Mr. Herrick, City Attorney, stated if it is pursued, he felt there should be some written statement so when they talk to the various parties they are elear what the No-Fault Grievance Cotnmittee can or cannot do. Mr. Qureshx, City Manager, asked if this would be the sole responsibility of the Human Resouces Commission and no additional involvement by the City staff. Ms, van Dan stated the phone calls may come into the City and someone would have to refer them to the Grievance Committee. MOTION by Councilman Schneider to coneur with the recommendation of the � Planning Commission and authorize the establishment of a No-Fault Griev3nce Committee under the auspices of the Human Resources Commission. Secorded by Councilman Sarnette. Councilman Hamernik stated in the minutes there was some concern about the Committee not reacting during the six month time period in order for persons to pursue other avenues for settlement. Mr. Treuenfels stated if no settlement was reaehed on the local level, two months prior to the expiration of the time they have to go to the State, they would be notified that the local committee could do nothin� for them Further and they have two months to contact the State. UPON A VOICB VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ITEMS FROM APPEALS COt�7ISSI0N MINUTES OF OCTOBER 12, 1982: VARIANCE REOUESS TO REDUCE FRONT YARD SETBACK FOR A DECK AND REDUCE SIDE YARD SETSACK FOR A NEW ENTRYWAY, CARMEN KREUZKEMPER SUNLINER MOTEL, 6881 HIGHWAY /065 N.E.: Mr. Flora, Public Works Direetor, stated this is a request for a variance ' COUNCIL MEETING OF NOVEMBER 8� 1982 PAGE 30 to reduce the front yard setbaek from the required 25 feet ta 0 feet for the construction of a 10 foot x 14 foot 6 inch elevated deck and a variance to reduce the side yard setback from the required 35 feet to 30 feet to allow construetion of a 50 square foot vestibule. Mr. Qureshi, City Manager, stated he doesn"t have a problem with the side yard variance, but the request is also for a zero lot lane on the front, and he didn't see any hardship or anything unusual about this property. � Mr. Kreuzkemper, the petitioner, stated they are in this building, which is their place of business, seven days a week, 2�4 hours a day and with the addition of the deck, they could get out into the air and still have access to the phone. He stated this would, in no way, hinder anyone's view because of the distance they are set back from the highway. Councilman Schneider asked if this creates problems, if they would 6e willing to change it, and Mr. Kreuzkemper answered in the 2ffirmative. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant the variance to reduce the front yard setGaek from the required 25 feet to 0 feet for the eonstruetion of a 1D feet x 14 feet 6 inch elevated deck on the South side of the present structure, with the stipulation that the bottom of the deck remain open, this variance is granted for a 10 year period, and the petitioner understands, if there is interference with the public raght-of-way at any time, the deck would be removed. Further, to grant a variance to the side yard setback from the required 35 feet to 3D feet for the construction of an entry way. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VARIANCE REOUEST TO INCREASE THE MAXIMUM SIZE AND HEIGHT FOR A FREE STANDING SIGN, BY RON KUSINSKI. LaMAUR. INC.. 56D1 EAST RIVER ROAD: � Mr. Flora, Publie Works Director, stated this is a request by LaMaur, Ine. for a variance for their sign from 25 Feet to 29 feet and to change the maximum square footage from 80 to 120. � MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant the variance to LaMaur, Inc. to increase the sign height from 25 to 2g feet and inerease the maximum square footage of the sign from 80 square feet to 120 square feet, Seconded by Councilman Sehneider. Mr. Qureshi, City Manager, stated the staff would be workin� with LaMaur regarding some additional plantings on their property and vines on the fence. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commissison Meeting of October 27, 1982. Seconded by Councilman Barnette. Upon a voice vote, all votang aye, Mayor Nee declared the motion carried unanimously� �rM 1 sl��+r� COIINCIL MEETTNG OF NOVEMBER 8, 1982 PAGE 31 RECEIVING CABLE TELEVISION COMMISSION MINUTES OF OCTOBER 7, 1982: MOTION by Councilman Barnette to receive the minutes Teleeision Commission Meeting of October 7, 1982. Seconded Schneider. IIpon a voice vote, all voting aye, Mayor Nee motion earried unanimously. RECEIVING CABLE TELEVISION MINUTES OF OCTOBER 14.1982: of the Cable by Councilman declared the MOTION by Couneilman Schneider to receive the minutes of the Cable Television Commission Meetin� of October 14, 1982• Seconded by Councilman Parnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REVIEW OF SPECIAL USE PERMIT. SP �k80-12. BY JAMES W. GILBERTSON, TO CONTINUE A COMMERCIAL CLINIC AS 7599 UNIVERSITY AVENUE N.E., AND SIGN APPLICATION• Mr. Flora, Public Works Director, stated on November 17, 1984, the Council approved a special use permit to allow an outpatient clinie at 7599 University Avenue on the condition that it would be reviewed in two years. Mr. Flora stated one of the stipulations, when the special use permit was assued, was the City would work with the petitioner on a sign. The proposed sign has been reviewed by the staff and is being submitted for approval. Mr. Flora stated the petitioner is willing to work on the landscaping, improve the drainage area and extend a fenee on the East, with extension of the special use permit. Mr. Qureshi, City Manager, staCed staff wants to make sure the special use permit is only for this person using this particular property and is only for a three year period, after which time it will again be reviewed. Dr. Gilbertson stated, other than some erosion on the South of the property, he has had no problems with operating his business in this area. He stated he believed the business has remained very residential and quiet and there has been no traffic problems. MOTION by Councilman Hamernik to concur with the City Manager�s recommendation and approve the renewal of this special use permit for a three year period, with the understanding that the three improvements will be completed, and this renewal is given with the understanding, it is to the petitioner, Dr. Gilbertson, only. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ___1 � � COUNCIL MEETING OF NOVEMBER 8. 1982 PAGE 42 MOTIDN by Councilman Hamernik to allow a commercial sign in a residential area for the property at 7549 University Aaenue to be located and designed as shown on the plan, and that the sign be concurrent with the special use permit, SP 4k80-12. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. APPROVAL OF CHANGE ORDER NO I IN ROOFING CDNTRACT FOR COMMONS AND LOCKE PARK FILTER PLANTS: Mr. Flora, Puhlie Works Director, stated sinee the specifications and bids were prepared, it has become apparent the roof at the Commons filtration plant has deteriorated considerably. He stated the roof, therefore, should be repaired or replaced instead of �ust the flashing, as originally proposed. Mr. Flora stated it would cost approximately $46,000 for a new roof, however, roof material cannot be applied when temperatures are under 45 degrees, therefore, it wouldn't be realistic to advertise for bids for the work at this time. Mr. Flora stated a temporary pateh �ob ean be done for around $1,500 or the contraetor is willing to deduct $3,300 for the flashing on this roof. He stated staff feels they should wait until spring when they can go out for bids on a new roof and approval of a change order is requested for $3,3D0 to deduct the cost of the flashing on the roof at Commons. MOTION by Councilman Schneider to approve Change Order No. 1 with Keehn Brothers to deduct $3,340 from the original contract for deletion of the flashing on the filter plant at Commons Park under the pro,7ect for the Repair of Filter Plant Roofs at Loeke and Commons Park. Seconded by Couneilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION N0. 98-1982 AWARDING THE SALE OF $600.000 GENERAL OBLIGATION TAX INCREMENT REDEVELOPMENT BONDS OF 1982. SERIES II. FIXING THEIR FORM AND SPECIFICATIONS. DIRECTING THEIR EXECUTION AND DELIVERY: AND PROVIDING FOR THEIR PAYMENT: Mr, Ehlers of Ehlers and Associates presented the bids received this afternoon for the sale of $600,000 general obligation tax increment redevelopment bonds. Mr. Ehlers stated four bads were received ranging in net average interest rates form 9.26$ from Dain Bosworth to q.578$. He stated it is their recommendation thatDain Bosworth bid is competitive and recommend the City award the bonds through them by adoption of the resolution. MOTION 6y Councilman Schneider to receive the bids for the sale of these bonds, Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � e�.�, r Y � � _ . '� COUNCIL MEETING OF NOVEMBER 8. 1982 PAGE 33 MOTION by Councilman Schneider to adopt Resolution No. 98-1982, with the finding that Dain Bosworth is the high bidder and award the bid to them at an interest rate of 9.26$. ACCOUNT MANAGER ACCOUNT MEMBERS Dain Bosworth, Inc. Craig-Hallum Inc Juran & Moody Inc. Allison-Williams Co. Piper, Jaffray & Hopwood, Ine. First Natl. Bank of Minneapolis The Farst National Bank of St. Paul The Fridley St. Bank NET INTEREST RATE 9.2605� 9.2871$ 9.3769� M.H. Novick & Co. Inc. 9.5780� NET INTEREST COST $680,651.87 $682,601.89 $689,209.38 $703,984•3$ Seconded by Couneilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION TO ESTABLISH MUNICIPAL STATE AID STREETS: This item was withdrawn at the request of the City staff. C9NSIDERATION OF A RESOLUTION OPPOSING THE SITING OF A HAZARDOUS WASTE PROCESSING FACILITY IN THE CITY OF FRIDLEY: MOTION by Councilman Schneider to adopt the resolutaon. Seconded by Councilman Barnette, Councilman Hamernik stated he wasn't sure about the timing of this resolution as there was a process to go through in discussing this item since they will be meeting with the Waste Management Board next week. Mr. Qureshi, City Manager, stated the timing or the position they want to take is up to the Council and perhaps they may have more arguments after meeting with the representatives of the 4daste Mana�ement Board. Councilman Sehneider questioned if the Council had sufficient time to get a resolution to them before they make their final decision. Councilman Hamernik pointed out their public hearing was for November 17. Councilman Hamernik felt a more appropriate resolution would be that the Council doesn't agree with their selection criteria, and wondered if they had adequately indicated their position. � � � CK�IiI�[�iR�r��re�i , � � : • :�iL�I:� PAGE 34 Mr. Flora stated the disagreement with the selection eriteria was notea in a letter to the Waste Management Board. He stated the Board is now going through an analysis process with their new criteria and existing sites in order to put them in a priority list. Councilman Fitzpatrick pointed out there was an article in the morning paper indicating there was objection to their priority criteria. � Mr. �lureshi felt the Council could wait until the next meeting to adopt a resolution which would contain any additonal facts or information whieh came out of the meeting with the Waste Management Board. MOTION by Councilman Barnette to table this item to the next meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 99-1Q82 AUTHORIZING TRANSFERS FROM THE PUBLIC UTILITY FUND AND THE REVOLVING FUND TO WATER REFUNDING BONDS OF 1975 FUND: MOTIDN by Couneilman Schneider to adopt Resolution No.99-1982• Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING RESIGNATION - ENERGY COMMISSION: MOTION by Councilman Barnette to receive the resignation of Jerry Cichosz from the Energy Commission. Seconded by Counealman Sehneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF COUNCIL MEETING/HOLIDAY SCHEDULE FOR 1983: MOTION by Councilman Schneider to coneur with the Council Meeting and � Holiday Schedule for 1983� Seconded by Councilman Barnette. Upon a voice vote, all voting aye, declared the motion carried unanimously. C AIMS: MoSION by Councilman Schneider to authorize payment of Claims No. 29gF01 through 308Sd28. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motaon carried unanimously. LICENSES: MOTION by Couneilman Barnette to approve the licenses as submitted and as on file in the License Clerk�s Office. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de�lared the motion carried unanimously. � I�. ;t,`f :� , ', COUNCIL ME_F.TING OF NOVEMSER 8. 1982 ESTIMATES• PAGE �5 MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Smith, Juster, Feikema, Malmon & Hasvitz 1250 Builders Exehange Building Minneapolis, MN 55�02 For legal services rendered as City Prosecutor for the month of September, 1982 John 41. Terpatra Attorney at Law $31 Main Street Elk River, MN 55330 For Professional services rendered for research and preparation of Memorandum dated Septem6er 2, 1982 - For Fridley Charter Commission $�4,588.00 $ i00.00 Seeonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 8, 1982 adjourned at 10:18 p. m. Respeetfully submitted, ;7 ti� � � .�� - u� ��-��,�, Carole Haddad Secretary to the City Couneil Approved: Navember 22, 1982 Ca ' i'� � ��L��, j, ., , ,�t � , % W lliamf� Nee Mayor 1 � � � � �I