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01/24/1983 - 00012683,, �.�� THE MINUTES DF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY �, 1983 The Regular Meetin� of the Fridley City Council was called to order at 7:38 p, m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegianee to the Flag. ROLL CALL• MEMSERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Sehneider, Councilman Hamernik, and Councilman Fitzpatrick MEMBERS ABSF.NT: None PRESENTATIONS: CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING TO THE CITY OF FRIDLEY• Mr. Charles Darth, the State representative of the Municipal Finance Officers Association, presented a Certificate of Conformance in Financial Reporting to the City. Mr. Darth stated out of 79,000 governmental entitles, only 362 have achieved this award. He further stated there are 11 states where no awards have been given and 17 others in the State of Minnesota, besides Fridley, received the award. Mr. Darth stated that Fridley has received �he award for two years whieh is a,uite an accomplishment. FINANCIAL $EPORTING ACHIEVEMENT AWARD - RICHARD D. PRIEYL. FINANCE OFFICER• Mr. Darth presented an award for financial Finance Officer, Richard Pribyl, who was Annual Finaneial Report. � reporting aehievement to the City's , responsible for the Comprehensive Mayor Nee stated this xs a great credit to Riek Pribyl, the Finance Officer, and also to the City Clerk, Sid Inman, and the City Manager, Nasim Qureshi to establieh the precedent of superior accounting, and he extended the Council's appreciation. APPROVAL OF MINUTES: COUAICIL MEETING OF JANUARY 10, 1984: Councilman Hamernik requested the following correction be made on Page 74, the seeond to the last paragraph, third line, to insert the word "not" after the ward "do". � COUNCIL MEETING OF JANUARY 4, 1983 PA E 2 �p MOTION by Couneilman Fitzpatrick to approve the minutes with the above correction. Seconded by Couneilman Hamernik. Cipon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, ADOPTION OF AGENDA: Mayor Nee requested the following item be added to the agenda: ^Consideraton of a Resalution Requesting a Shift of FY1982 Community Development Block Grant Funds from the Moore Lake Restoration Pro,7ect" to the "Center City Phase II � Acquisition Project" within the Center City Redevelopment District". MOTION by Couneilman Schneider to adopt the agenda with the above addition. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. QPEN FORUM, VISITORS: t4r. Robert Minton presented a booklet ent�.tled, ��An Access Guide to Friendley Fridley", whieh makes information available to the disabled persons in the City regarding places which are accessible to them. Mr. Minton stated this booklet was the aceomplishment of the Accessibility Committee established by the Human Resources Commission, Mr. Minton stated a survey was done of over 100 ouildings in the City and they had great cooperation from the building managers and the businesses in the City. He stated letters were sent to eaclz of these places tellin� them what could be done, if they wanted to make their building more aceessible to the handicapped. Mz'. Minton stated the eommittee members worked very hard and a lot put in extra hours, and Julie Quarve-Peterson was very valuable to the committee with her knowledge and input and taking care of the printing. � Mr. Minton stated the booklet lists the donors who contributed to make this projeet posslble, and they were especially grateful to the Ladies Auxiliary of V.F.W. Post 363 who donated $1,000 and the V.F.W. Post 363 who donated $500, as well as h9edtronie who donated the use of their equipment for the printing. � Mr. Minton stated Mary Cayan staffed the committee and he was very impressed wlth her and the work put into this pro�ect. He stated one thing they learned was that Minnesota is the best place to live if you are disabled as there are public laws as well as the people's willingness to eliminate barriers for the handicapped. He stated he hoped this booklet would contribute to the quality of life of disabled persons in the City. 7 `i J ��� COUNCIL MEETING OF JANUARY 24 L483 PA Mayor Nee stated the booklet was a very impressive piece of work and felt it should be circulated. Councilman Barnette felt the establishments who don't have the provisions of accessihility for the handicapped should be made aware of the requirements. Mr. Minton stated one more meeting will be held of the eommittee to discuss these topics, as well as distribution of the booklet. Councilman Schneider stated the booklet shows a lot oF work was done by the � committee and that they were dedicated to this pro�ect. Mr. Lynn Boergerhoff, co-ehairman of the International Year of Disabled Persons, stated their committee has completed a survey and the goals of this survey were to identify disabled persons in the City and their concerns. He stated the proposed booklet points out some of the things which disabled persons in the City were concerned about such as a lack of aceessi6ility and transpartation. Mr. Boergerhoff stated many of these persons, because of their ineome, co�ld probably benefit from the community development block grant funds. l4ayor Nee thanked Mr. Boergerhoff for thezr work and for coming in and keepin� the Council informed. Mr. Qureshi, City Manager, stated the committees and volunteers did an exeellent �ob and letters of commendation for those who served on the committee will be submitted for Council approval. OLD BUSINESS: CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING A NEW CHAPTER 205 ENTITLED ZONING AND REPEALING THE OLD CHAPTEA 205 OF THE FAIDLEY CITY CODE IN ITS ENTIRETY: Mr. Riehard Harris, 6200 Riverview Terrace, stated he was here this evening to � ask the Council to delay the impositio❑ of this ordinance. He stated a meeting was held last Saturday with several of the building owners and developers an the City and they asked him to cotne this evening to speak regarding their concerns. Mr. Harris stated he hoped this item can be tabled and discussed at a conference meeting when they could present some input. Mayor Nee stated this could be diseussed at the conference meeting on January 31, and the Planning Commission and Chamber of Commeree could be invited and anyone else who may want to participate in the diseussion. MoTION by Couneilman Schneider to table this item. Seconded by Councilman Hamernik. Lipon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � COUNCIL MEETING OF JANUARY � 1q8� MOTION by Councilman Schneider to direct staff to add for the conferenee meeting on January 31, 1983 and Commission and Chamber of Commerce and other intereste meeting. Seconded by Councilman Fitzpatriek. Upon a aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: �� PAGE $ this item to the agenda to invite the Planning d parties to attend this voice vote, all voting CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECIONS OF THE � CITY CHARTER OF THE CITY OF FRIDLEY: � CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION �.07 OF THE CITY CHARTER OF THE CITY QF FRIDLEY; Mr. Rruce Nelsan, a member of the Charter Commission, stated that P4r. Ash would not be at the meeting until about 9�30 p. m., the�efore, the Council could either table these items until later in tha meeting or proceed and he would diseuss these wzth them. MOTION by Councilman Schneider to table these items to be considered at the end of the meeting. Seconded 6y Councilman IIar•nette. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A FINAL P S dk82 02 SAGA SUBDIVISION LYNDALE TERMINAL COMPANY. 250 57TH PLACE: AND CONSIDERATION OF A VARIANCE TO REDUCE PARKING STALLS TO 800. LYNDALG TERr9INAL COMPANY (HOLIDAX WAREHOUSE). 250 57TH AVENUE: Mr. Flora, Public Works Direetor, stated the first item to be consiaered is a replat of a portion of the Holiday Warehouse property to split about 1-3/4 acres from their property, Mr. Flora stated the Planning Commission considered this item at their December � 22, 1982 meetin� and reeommended approval with a stipulation that additional land survey footage be provided in front of Holiday Warehouse along 57th Avenue, and there be a truck parking area designated and properly screened. Mr. Flora stated, in con�unetian with this plat, there was also a variance request to reduce the parking stalls, and the Appeals Commission recon�mended that 95� stalls be authorized. Mr. Flora stated staff has met with representatives of Holiday Warehouse and several items were agreed upon, as outlined in tk�e memo dated January 20, 1983 from Kent Hill to Mr. Qureshi, which he reviewed Yor the Couneil. Mr, Flora stated, as far as the issue on driveway entrances, the proposed plan has been submitted to the County for their approval, however, the City has not had a response from them at this time. Mr. Rureshi, City Manager, stated if the Council feels they wish to approve this plat, it would be subject to approval of the traffic plan by the City and County. � 4 �3 CODNCIL HLEETING OF ,IANUARY 24. 198R PAGE 5 MOTION by Couneilman Fitzpatrick to approve the final plat, P. 5. Op82-03, SAGA Subdivision withthe following stipulatians: 1. Holiday Warehouse agrees to delete the row of parking bordering 57th Avenue and to work with the City in providing a 20 foot landscaped area to replace the parking stalls, 2. Holiday Warehouse agrees to designate and screen an area to the southwest of the property for semi-trailer parking. 3. Holiday Warehouse agrees to provide a 20 foot publie right-of-way to the � 4. To provide Saga Corporat�on with the proper easement agreements for ingress/egress into the Cattle Company's property. 5. If a walkway is needed south along 57th Avenue, Holiday Village agrees to either the installation or assessment of this sidewalk. 6. If a metropolitan transit "park and ride^ program continues from the Holiday Village parking lot, Holiday Village agrees to install a sidewalk to the bus stop. 7. Holiday Village total number of parking stalls after the plat approval, providing additional landscaped area along 57th Avenue and providing a semi- trailer parking area will be 950, 10 foot wide parking stalls. 8. Holiday Village agrees to provide for more adequate litter/debris pick-up of their parking lots and around the refuse contairiers. g. Holiday Village agrees to maintain all hard-surfacing. 10. Saga Corporation agrees to Provide a 3D foot right-of-way and utility dedication along the existing north property line. 11. If a walkway is needed south along 57th Avenue, Saga Corporation agrees to either the installation or assessment of this sidewalk. Further, this plat is approved with the understanding that those stipulations � requiring County approval regarding the driveway entrances would be conditioned upon obtaining this 2pproval from the County. Seconded by Councilman Sehneider. Upon a voice, all voting aye, Mayor Nee declared the motion earried unanimously. Mr. flora presented a plan regarding the parking for Holiday Warehouse and stated it provides for 950 parking stalls. Couneilman Fitzpatrick stated he has discussed this variance with he Chairman of the Appeals Commission and found that she personally visited the Holiday Warehouse store and counted the number of cars in the parking lot over the holiday shopping season and found about 550 one week and 400 the next week. He stated he believed the number of parking stalls proposed would be sufficient. � � � � ET Y, C. Y lw COUNCIL MEETING OF JANUARY 24. 198� PA E MOTION by Couneilman Fitzpatriek to granc the variance to the Holiday Warehouse to reduce the number of parking stalls to 950, in accordanee with the parking layout submitted, and the same stipulations to apply as provided in the final plat approval, P. S. �82-02. Seconded by Couneilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motaon carried unanimously. Mr. Forge, District Manager for Stuart Anderson's Cattle Company Restaurant, (Saga Corporation), submitted statements that a 30 foot right-of -way and utility dedication would take place. REVIEh' OF A SPECIAL USE PERMIT. SP �681-10. SUBURBAN HOMES. INC. TO ALLOW THE CONTINUATIDN OF A MOSILE HOME SALES LOT AT 7625 VIRON ROAD N. E.: Mr. Flora, Pu61ic Works Director, stated the Council approved z special use permit last January to permit a mobile home sales lot. He stated, in con�unetion with this special use permit, there were several stipulations that the rear area of the lot be cleaned up; sereening to be provided for the refuse containers and propane tank; hard surface areas be maintained; the drainage easement question be nesolved; and both property owners share equally in the installation of a fence at the time of development of the property to the north. Mr. Flora stated, because of the weather, a lot of the stipulations can�t be completed at this time, therefore, he would suggest if the Couneil wished to extend this special use permit for six months in order to give staff an opportunity to work with the property owner on these items. Mr. Maxwell, owner of the property, stated he met with Kent Hill of the City staff and the screening has been complied with. Mr. Maxwell stated, as far as the clean-up, his prior tenant didn't do a very good �ob and he spent in exeess of $3,000 to have the area cleaned. He further stated the blacktopped area has some cracks, but no holes, an is well maintained. Mr. Mar.well stated there was no diseussion of a drainage easement, but of a man-hole in this area. Mr. Maxwell stated he has agreed to meet with the City staff in April regarding these items, and felt things should be resolved by the end of April. Councilman Schneider stated staff still has concern regarding the elean-up and stated there were several dilapidated storage sheds on the property, Mr. Ma�cwell stated these storage "sheds" are add-ons to mobile homes and are there sometimes because of a trade-in. He felt these may be there cn a continuing basis. Mr. Quresha, City Manager, stated staff would meet with the owner and try to work out the issues. Mr. Herrick, City Attorney, stated he knows the present operator and a reliable person and would probably do a better job than what was past. that he is done in the r, ,k 4� - COUNCIL MEETING OF JANUARY 24. 198� PAGE 7 MOTION by Councilman Schneider to grant an extension of special use permit, SP ik81-10, until August 8, 1983 and direct staff to work with the owner and/or operator to resolve outstanding issues. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 11-198� APPROVING PHASE II PLANS FOR THE CENTER CITY PROJECT AND ASSISTING THE HRA WITH PUBLIC IMPROVEMENTS AND AUTHORIZATION T� EXECUTE AGREEMENT OF COOPERATION WITH HRA: MOTION by Councilman Schneider to adopt Resolution No. 11-1983 as submitted this evening by the City Manager instead of the one in the agenda and execute agreement. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 12-198� REOUESTING A SHIFT OF FY1982 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE ^MOORE LAKE PROJECT" TO '�CENT�R CITY PHASE II ACQUISITION�� WITHIN THE CENTER CITY REDEVELOPMENT DISTRICT: MOTION by Couneilman Schneider to adopt Resolution No. 12-1983• Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 1�-1983 AUTHORIZING PARTICIPATION IN THE MINNESDTA POLICE RECRUITMENT SYSTEM: Couneilman Schneider asked if this agreement was reviewed by the City Attorney, Mr. Herrick, City Attorney, stated he didn't have any problem with this form, Councilman Hamernik felt the Police Commission should hava an opportunity to review the agreement. MOTION by Councilman Hamernik to adopt Resolution No. 13-1983, Pending approval cf the Poliee Commission. Seconded by Couneilr¢an Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 14-198� ESTABLISHING MUNICIPAL STATE AID STREETS: Mr. Flora, Publie Works Director, stated four streets are beang designated in this resolution that would meet the criteria for state aid finaneing. He stated the streets involved are the University Avenue West Service Drive, Commerce Lane, 5th Street, and Ben,7amin Street. Mr. Qureshi stated the streets designated are those that need updating in the reasonable future. MOTION by Councilman Schneider to adopt Resolution No. 14-1983• Seconded by Councilman Sarnette, Upon a voice vote, all voting aye, Mayor Nee declared the �otion carried unanimously. � � � COUNCIL. MEETING OF JANUARY 24, 198� CLAIMS: PAGE 8 @ n i�' MOTION by Councilman Barnette to authorize payment of Claims No. 3675D0 through 020560. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES• MOTION by Couneilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of the Liquor License � for Stuart Anderson's Cattle Company Restaurai7t. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � LI9UOR LICENSE - STUART ANDERSON'S CATTLE COMPANY RESTAURANT: MOTION by Councilman Hamernik to approve the liquor license for Stuart Anderson's Cattle Company Restaurant, contingent on final submi�sion of building plans and construction of the building. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Couneilman Fitzpatrick to approve the estimates as submitted. Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exehange Building Minneapolis, MN 55402 For legal services rendered as City Prosecutor for the month of December, 1982 E. A. Hickok & Associates 545 Indian Mound Wayzata, MN 55397 Professional services, December, 1g82 Moore Lake Restoration Pro�eet $�l,200.00 $ 77�+.69 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COt+�]UNICATI ONS S�lBUR$AN NORTH BOXING CLUB: REDUEST COUNCIL APPROVAL TO SEEK BOJIING FRANCHISE FROM MINNESOTA STATE BOXING COMMISSION MOTION by Councalman Hamernik to concur with the request of the Su6urban North Hoxing Club to hold an amateur Golden Gloves Boxing Show at the Fridley VFW Post 363• Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� COUNCIL MEETING OF JANUARY 24. 198� PAGE 9 CQNSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTIONS OF THE CITY CHARTER OF THE CITY OF FRIDLEY: AND CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION �.07 OF THE CITY CHARTER OF THE CITY OF FRIDLEY: Mr. Sruce Nelson stated because of the expense involved in publishing the lengihy Zoning Ordinance, the Charter Commission was approached by stafP regarding a possible amendment to the Charter to allow for the publication uf ordinances i❑ summary form. � Mr. Nelson stated the Commission felt, because of the excessive expense, the Charter should be amended and this matter is now before the Couneil for a first reading of the ordinance. MOTION by Couneilman Schneider to waive the reading and approve the ordinanee upon first reading to amend Seetion 3.07 of the City Charter. Seconded by Councilman Fitzpatriek. IIpon a roll eall vote, Couneilman Schneider, Councilman Fitzpatrick, Mayor Nee, Councilman Barnette, and Councilman Hamernik all voted in favor of the motion, Mayor Nee declared the motion carried ixnanimously. Mr. Nelson stated it is his understanding the Council has a problem with some of the other proposed amendments. He stated the Commission would like the specifics as to the wording which is a problem to the Couneil. Mr. Herrick, City Attorney, stated he felt it would make more sense for tne Commission to consider the proposed amentimencs separatiely so thosa the Council agrees upon C011id DE approved and, li Lii2tE 15 8 R22d i0i iurthe; ulSCU551v.^. uri G��Ciu� ��iJ VVk1LL vC uV�°. * ted he wm5 cn �� *r^ t ^kaP= these amendW_ �'�i. iiciSC.^, 5�2 t ., ❑Si -y1IIg^ O'�2.. a_ PII $ O !miII'.mL? fh2 COSt t0 t,h2 CiY.��. MOTION by Counezlman Sehneider to waive the reading and approve the ordinance � upon first reading to amend seetions of the City Charter. Seconded by Councilman Barnette. Upon a roll call vote, Councilman Schneider, Councilman Barnette, Mayor Nee, and Councilman Fitzpatrick voted against the motion. Councilman Hamernik voted in favor of the motion. Mayor Nee deelared the motion failed. Councilman Sehneider stated he has difficulty with Sections 6.07 and 6.02. He stated his concern in Section 6.01 is the requirement for four votes in order to remove the City Manager, and he felt this should be three. He stated in Section 6.02b, he believes the existing wording is preferable to the proposed change. Mayor Nee stated he also shares the views expressed by Councilman Sehneider. � � � � COUNCIL MEETING OF JANUARY 24� 198� ADJOURNMENT: PAGE 10 G� �{ MOTION by Councilman Schneider to adjourn the meeting. Seconded by Couneilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly and the Regular Meeting of the Fridley City Couneil of January 24, 1983 ad�ourned at 8:45 p. m. Respeetfully submitted, �YL,�L.r'(� FJ'��C,�^d� � Carole Haddad Secretary to the City Council Approved: Februarv 7, 19$3 �Y�/,Cr'��-r4.r"'� William J. Nee Mayor �