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09/12/1983 - 00012474mraF MTNrnrF•S OF '�' �1r,AR TNr OF '�E LEY CITY 7NC'IL OF _�.�' ��vr�n�BER � 2 l 983 Zhe Regular Meeting of the Fridley City Councii was called to order at 7:30 p.m. by Mayox Nee. p •L.�E OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledqe of Allegiance to the Flag. ROLL CAIL: � MEMBERS PRESEPTi': Mayor Nee, Councilman Barnette, Councilman Schneider, Counciln�an Hamermk and Councilm�n Fitzpatrick h7II�1BER5 ABSIIVT: None ' S�i« � • • ► ,LJ�� . y__ �����; �� �i�: : `: Mayor Nee stated he has xssued a proclamation which proclaims September 23, 1483 as Hunan Services Network Day in thE City, He urged a11 citi�ens wncerned with the quality of human services available to the residents of the City to 7oin with the Anoka County Human Services Dletwork in this observance by taking an active �rt in networking activities sponsored by this organization, �::��aidfi�iiYY� �� 11. \. �1 • : MOTION by Councilman Fitzpatrick to approve the minutes as presented, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, hlayor Dlee declared the motion carried unanimously. � ADOPTION OF AGEDIDA: Mayor P7ee requested the communlcation frori Darlynn Ronn regarding the use of black—fly—ash/salt mixture be moved to the Opet� b'crum section of the agenda. � I � I_ _ MOTION by Councilman Hamernik to adopt the agenda with the above change. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayar Nee declared the motion carried unanimously, •• �• •; �iJ���i�i � M; _ �t ; . ,u � � � � Mr. Robert Chrisman, representing Wooc3crest Baptist Church and Academy, appeared before the Council regarding a donation for use in the City's park program. _ �'� °� y.J�, _p1 _�. • _ �4��!�_� '� '_ Mr. Chrisman stated Fridley has the finest facilities available in com�rison wzth other communities, and they appreciated the use of these facilities. A donation of $200 was presented to the City to show their agpreciation. On behalf of the City and Council, Mayor Nee thanked them for their contribution to the p�rk program. • s_ 1u� �� . � • ; , • • - • • � � � • /� � � Mr. Pale Hadtrath, representing the City's insurance carrier, stated he had � the hanor of recently presenting the City with a dividend check due to their safety program. Mr. Hadtrath then introduced Ms. Joanne Laney, representing the Home Insurance Company who presented a certificate of inerit for accident prevention. She stated Fndley should be proud of this award as only 10� of their policy holders qualify to receive such an award, Mayor Nee accepted the award on behalf of the City and thanked Ms. Laney for presentation of the certificate of inerit for accident prevention. • t •r ► ��• �,I� •,� .' �;��� .�_ Ms. Ronn appearec3 before the Council regarding the City's use of black fly-ash on the City's streets in the winter. She stated she was concerned not only with the aestYaetics, but also the types of chemicals found in this fly-ash which may exceed health standards. She stated the black fly-ash runs into Rice Creek and the Mississippi River and felt water samples should be taken in these areas. Mayor Nee statec7 the material Ms. Ronn submitted was very interesting, however, there was some contradictian on what she had presented and what they have been told. He felt he would like a more complete report on the � facts, Mr. Burch, Public Works Department, stated there are many advantages in using bl�ck slag because it stays in place longer and tends to melt the snow faster. Councilman Fitzpatrick stated Ms. Ronn made the Faint the City is usinq a different matenal than what the County uses and that the City's material contains a higher portion of salt than what the County uses, Ms. Ronn stated some commuriities have become so erroirormientally minded they refrain irom using any salt at all on their streets. She felt the City should go back to the natural state and only use sand on the streets. The staff is to check the information further which Ms. Ronn submitted and provide Council with a more complete report regarding the facts on the use of black fly-ash on the City's streets. � "' ��`� 1 COUNCIL MEETING OF SEPTES7BER 12. 1983 P�i �� ; � y:��_ : «_: • �� Mr. Ken Moxness appeared before the Council regarding recreational facilities in the area of the Rice Creek neighborhood. Mr. Moxness stated there are a large ntmiber of school age children in this area of the Timber Ridge condominiwns and the Townho�ses, as well as thase who reside betweer. Old Central Avenue and Stinson, and also the Harris Lake area. He felt in these areas alone, there are probably around 400 children ranging in aye from kindergarten to sixth grade, � Mr. Moxness stated, with the sale of Rice Creek 3chool, the playground area has a good chance of being destroyed or eliminated and they woulc7 lack playground facilities in this area of the City. Mr. Moxness stated he would suggest to the City, when they are considering the budget, to include funds for the puxchase of Rice Creek School and perhaps to make this a joint venture with the County. Ee felt if the County should choose to purchase the building ar�d the City purchase the land, where the athletic fields and rink are Iocated, the gym in the school building could alsa be used for recreational purposes, Councilman Schneider stated he spoke with NIr. Moxness and several other neighbors and suggested he come to speak to the Council. Councilman Schneider stated the City has been fortunate, over the years, to have cooperation wzth the School Board in regard to sharing the Rice Creek School property. He stated the key problem with the rec;uest made by P9r. Moxness is it is very e�tpensive, and it is a significant increment over and above the normal budgeting process. He stated the question is, if the City wishec3 to purchase the property, haa they would come up with the funds. Mayor Nee felt a study and report should be made by the Parks and Recreation Department to determine what is needed to make it viable. Mr. Curt Loschy, 1399 66th Avenue, stated the residents feel the recreation � area on the school property is very valuable to the community and they would like to see it remain and possibly the rest of the property develop into residential. He stated there are a l�t of fears it will be used for apartments or a larger density. He stated anything the Couneil couid do would certainly be appreciated by the neighborhood. Councilman Schneider asked when the School Board would take action on this groperty. Dr. Lapinski, a member of the School Board, stated they are looking ior a realtor to promote the property, but they really haven't given it too much thought. Councilman Barnette spoke regarding the requirement for a�irk fee or land dedicated for p3rk purposes in develolartents within the City. Mr. Moxness stated he understands the School Board wishes to have the County purchase Riverwoocl School and, if this is the case, would the County � �,ie?s. r .,� : ���11 T _,. • _'i�LSlC C. ob�ect to purchasing Rice Creek School instead. He felt better arrangement, as the building would then be ad�acent property. � this would k�e a to County park Dr. Lapinski stated khe Crtizens Advisory Committee recommended to the School Board that they look into disposing of these pxoperties, howevez, the County hasn't indicated they are interested in purchasing the property. Councilman ScYuieider felt perhaps staff could do a study on the various alternatives for the area and what would be needed in the way of acreage for land for use as a�rk. He thought perhaps there should be an informal � dascussion with the School Board on possibilities of purchasing the land, without purchasing the building. Councilman Schneider stated he felt Mr. Moxness wanted the City to take a very active role in defining alternatives and in gEnerating a li:t of options. Nlr. Qureshi, City Planaqer, stated it is difficult to come up with options, when the Schaol Board doesn't know what they want to do with the property. Pe stated he can see what is needed, but it has to integrate with the other use of the property. He stated, if Council wants a report on the minimum amount of sp�ce neec7ed to accommodate the recreational facilities, this coulc7 be done. Councilman Hamernik stated thzs is an area somewhat void of recreational property and he would like to see what staff feels would be a viable piece of �rk property at that location. Councilman Fitzpatrick stated he believed the City should do what it can to preserve part of the property for park purposes, unless they can duplicate something sinilar elsewhere in the neighborhaod. MOTION by Councilman Schneider to direct staf£ to prepare a report covering: (1) their estimate of the minimum facilities required for recreation in the area of Rice Creek School, Timber Ridge, and Rice Creek Taanhouses; (2) make some informal inquixies wi�h the County regarding potential �oint funding of any future acquisitions and/or the Caunty locating at Rice Creek School, as an alternative to the Riverwood facilities they are now using. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. MILL LEVY - SCHOOL BOARD: Councilman Barnette urged all District No. 14 residents to search their hearts and preserve one of the finest school districts in the State of Minnesota by casting an affirmative vote for the school referendiun, Dr. Lapinski af the School Board stated they have financial problems in District No, 14 and, in 1984-85, the School District will be broke unless they have either a new source of revenue or cut studies and programs. � � ��:1� _ _ � �! _,. • ��14�+tiF �' ' : �ar��, PAGE 5 `' ` He stated residents of the District will vote on a 6.5 mill referendum, but it will have the effect of 3 mills on the taxes, because they will r.ot levy the 3.5 mills on the debt redemption. He stated this would only be for a five year period and, hopefully, sanethirig will change by the end of this time. He stated the School Board has cut over a million dollars our of the budget and, if this referendum doesn't p�ss, it will have z dra-natic impact on the school system. PUBLIC HEARINGS: �: •:._,. • •�, �; �: 1 •� •� �� • � � •� �__._ 9.' �• . ,L � � �� • a�•�I :��5 \D `�� •\ � ' _�i 91 ' • • ':\ � \ \ 11 • :� •, �.�' � � _ _ MOTION by Councilman Hamernik to waive the reaaing of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee cieclared the motion carried unanimously and the public hearing opened at 8:20 p.m. Mr. Burch, Public Works Department, stated this vacation is requested to allow the expansion of a clinic at 500 Osborne Road. He stated, in con�unction with this vacation, the petitioner as requested to provide an easement around the building and pay for any expense of relocating the utilities. Mr. Burch stated the Planning Commission recommended approval of the vacation providing a new easement is obtained for drainage and utilities. Mr. McKee, the contractor for the addition to the clinic, stated there are no public utilities in the easement naa, but only private ones. He stated they have found there isn't a telephone company cable, however, there is an old abandoned water line and sanitary sewer line which serves only the clinic facility and this would be reroutea around the building. He stated there would be no expense whatsoever to the City and there will be private lines to serve the clinic. � No other persons in the audience spoke reaardig this proposed vacation. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously and the public hearing closed at 8:27 p.m, • � �i • : � : � � ►. ��l � • • � 1►u MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:27 p.m. i4r. Qureshi, City Manager, stated the total budget proposed for 1984 is $7,357,113 which is a 3.790 increase over 1983 buclget. � ��� 4 ' `i ��i11� _ ._1. • �47!41: � • Mr. Qureshi stated the total amount for revenue sharing is $187,000 and includes proposed expenditures in the areas of City Management, Police, Fire, Park, Recreation and Naturallst Fesource Departrnents. Mr. �ureshi stated there are no new programs proposed, and it is a balanced budget as required by the City Charter. No persons in the audience spoke reqarding the proposed 1984 budget. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Hamernik, Upon a voice vote, all votinq aye, Mayor Nee declared � the motion carric�u unammausly and the public hearing closed at 8:30 p.m. 3. PUBLIC HF�RING ON A PROPOSID PRQ7ECT AAID THE ISSUANCE OF APPROXIMATELY 54.300.000 IN�NJSTRTAr, DEVEIAPMFNT_ REVENpE BOI�IDS - FRA� SHEER ���TES: MOTION by Couttcilman Fitz�trick to waive the reading of the public hearing notice and open the public hearing, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriec� unammously and the public hearing opened at 8:31 p.m. Mr. �ureshi, City Manaqer, stated this proposed facility, to be financed through industrial development revenue bonds, is located south of 77th Avenue and east of the railroad tracks and encwnpasses about seven acres. He submitted drawings of the proposed building to be constructed. Mr. Langer, Langer Construction Company, stated he was the contractor for the pro�ect and representatives of Johnson Printing Company were present to answer any questions. Stuart A. T�leitzman of Johnson Printing stated their company has been located in Minneapolis since 1950 and in looking for an area to expand, a site was selected in Fridley due to the cooperation they received from staff. He stated they currently emplay &5 people and, with the expansion, it would � be over 100 em��loyees. He stated Johnson Printing is a full service commercial printing company and they also manufacture p3ckaging. He stated they hoped to beyin construction next month and start operations by next spring. Mr. Jim Casserly, O'Connor and Hannan, stated they are in the prccess of concluding f�nal negotiations with First National Bank of St. Paul and some form c�f credit guarantee would be provided by the bank. He stated he ass�nnes the bonds will be publicly sold, but didn't know exactly what form it would take as this is still being negotiated. Mr. Dick Harris, 6200 Riverview Terrace, asked if the entire parcel was being purchased. Mr. Qureshi stated the property is being split by the aaner and only seven acres will be purchased for this facility. �I ��. ��. 4'-- -�. � ��a�r �; Mr. Harris asked how the additional traffic would be handlec3 as the intersection at Osborne Road and Main Street gets very busy. Mr. Harris was advised that the first shift at this facility would begin at 7:00 a.m. and end at 3:00 p.m. and the second shift would be over at 11:00 p.m., therefore, they didn't feel there would be a problem with the normal rush hour traffic. Mr. Qureshi, City Manager, stated the City has made a formal request for upgrading Osborne Road between Commerce Lane and East River Road. � Nlr, Inman, City Clerk, stated the estimated value of the builcling, including contents, is about $4,000,000. Mr. Casserly stated the value sub�ect to taxes would be about $2,500,000. No other persons in the audience spoke reyarding the issuance of industrial revenue bonds. NIOTION by Councilman Hamernik to close the public hearing, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publ�.c hearing closed at 8:40 p.m. � ; ..,� ���_ � • �� � ., ...� ,14�?!� • . �� i � : �� Nl�TION by Councilnrzn Fitz�trick to table this item to the next meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Nfayor Nee declared the motion carried unammously, ••� �• ��i� �, y.�• a�• .� � i • � ��� �I�d �I� u li ��•�;' �i • �•: ii� q � .1 1 � MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 782 and adopt it upon second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, . •��. \�\. l� �I �� .:JY�I� .�F! • � ��� , _ 91� . 71C • 71,. �l 81,1� �'. �, • 1 1 • MOTION by Councilman Fitzpatrick to waive the second reading af Ordinance No. 783 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. IIpon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. �'�_���� �� E:i U�_�, y,�_�Y_. 1�x • � ��� � �� ��� �. • ��� �i� �„ •� . I MOTION by Councilman Schneider to waive the second reading af Ordinance No. 784 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee decl�red the motion carried unanimously. i��� Z�� `?�� ���� . u�- �. •. �,�: �: � • � su � �i� �� y�i�w_s . � • yz • � �� � � �� �•� _�•: .�:. � �i�, • .i F�CeT�] MOTION by Councilman Schneider to waive the second reading of Ordinance No. 785 and adopt it on the second reading and order publication. Seconded by Councilman Han�ernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. �.^ls�i����x�� 9. CONSIDERATION OF POSSIBI,E CITY ACTION REGARDING HAZARDOUS WASTE SITING � IN FRIDLEY: Mayor Hee stated the Council requested staff to respond to what actions the City miqht take regarding the hazardoas waste siting for Fridley. Mr. Qureshi, City Manager, stated what staff has proposed is tc (1) look lnto the City's zoning regulations for ad7ustments in order to control such a development in the community; (2) work to get as much exposure and publicity and support from other communities and their representatives who use Minneapolis water; and (3) check into the possibility of getting cost estimates from law firms competent in this field in case the City wishes to proceed with a legal action. Mr. Qureshi, City Manager, stated if a hazardous waste site was proposed in Fridley, it would require approval by the Pollution Control Agency, after an environmental impact statement, and appropriate testimony from the community would be heard. There was � question frrnn a person in the audience if any of the actions outlined by the City Manager had been taken or if they are only proposed. She stated she felt tttere wasn't enough publicity given to this issue and the residents weren't fully informed, and requested a firm stand by the Council to take action this evemng. Mr. Qureshi, Crty Manac�er, stated this issue has been in the City's � newsletter, as well as radio, T.V, and the local and Minneapolis newspapers, Councilman Schneider stated this is the first regular Council meeting since the Waste Management Board's decision, He stated at the Council's conference meeting, the staff was asked to check into law firms competent in this field, as no one wants a waste site in the City. He stated they are trying to come up with a plan and proposal that makes some sense, and agreed action should be taker. at this meeting. Councilman Schneider stated he felt the citizens were informed, as this issue has been in the newsletters, newsp3pers, as well as on television. A gentleman in the audience stated he fe]t this issue had been downplayed and the citizens are looking for some leadership from the Council to prove the negligence of the people who are proposing such a site for Fridley. He felt this issue should be addressed immediately and a stand taken to protect everyone°s health. � 2Q� �r.�� � n. • _�ti:_� . Another person in the audience uxged the Council to do their best tc keep a waste site from going into the City. Mr. Herrick, City Attorney, stated there are probably three things the Council should consider. He stated, in order to commece legal �ction, this has to be cbne within 30 days fixm when off-icizl notice was received. He suggested it be started by serving a summons and complaint which would involve some depositions and researching files and records, He stated the cost estimate would certainly be in the upper limxts, but didn't feel that amount of money woulcl have to be committeci to start � proceedings. Mr. Herrick statec7 the designat,ion of this site means, in a sense, some af the local control has been pre�npted. He stated he believed the staff's suggestion to tighten up all zomng is spmething that should be done, but Y�ecause of the nature of the State law, the City no longer has complete control over a veto of such a facility. Mz. Herrick stated it would se�n to him one cextaln way to prevent this facility from locating in Fridley would be to actively attempt to find land users that would use up the vacant s�ce before a proposal is received for such a facility. He felt it should also be made known t� any private concern who wants to construct such a facility in Fridley that they are not welcome and the City would take any means within their authority to see that a permit is not issued. Mr. Herrick stated the City could also challenge the environmental impaat statement and if this goes to court, it certainly woulc7 be time-consuming for anyone who wanted to construct such a facility, Councilttan Hamermk asked what would be the est�mate on the niunber of hours involved to determine whether we have a 50/50 chance of being successful in a court case. � Mr. Herrick stated it is difficult to give an hourly figure, as research would have to be done and records inspected. He estimated possibly 100 hours of work should come close to knowing if you have a resonable case or not. � Mr. Herrick felt the legal action is �ust one of the ways they can proceed and other avenues should be explored outsiae the courtrocm. Mayor Nee stated he thinks the Council, as well as all residents of Fridley, share the outrage on what they perceive to be an unreasonable procedure by the Waste Managenent Board. MOTION by Councilman Schneider to authorize and direct the staff to hire a legal firm to initiate action against the A�aste [�lanagement Board's decision in selecting Fridley is a hazardous waste site and to be sure this fil�ng takes place prior to the deadline. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �� 1�. _ �, • ��i: �; � : i A qentleman from the audience questioned how soon something may be built on this site in Fridley. Mr. Herrick stated a request would have to come from same private firm who wants to develop this as a hazardous waste site. He stated there are a n�nnber of sites designated throughout the metropolitan area; however, hazardous waste facilities wouldn°t be built on all the sites. Mr. Herrick stated the Pollution Control Agency does not get involved until such time as there is a proposal to construct such a facility on one of the desicynated sites, He stated, at that ti�, there will be an environmental un�.�ct statenent which is an indepth study of the site and recommendations , if the site was compatible, the safeguards required, etc. He stated the Pallution Control Agency would have to approve any operating permits. Councilman Barnette stated the site designated by the Waste Management Board is a logical site for other industry and if development can be enceuraged, there is the possibility the City may not have to worry about a waste facility constructec3 at this location. � � I�, �� �� i •� �lJl� • • � ' •: � ��� •� . .�. �� • �;, � •' � 1� �i •' ;� ' ��l � _ Mr. Mark Burch, Public Works Department, stated this is a request for a special use permit to enable United Stores to set up an outside tent area for display of inerchandise about three times a year. He stated they presently have some outdoor display of their tents and the request is to put up a tent for sFecial sales severaZ times during the year. He stated the special use permit is for outdoor sales. Mr. Burch stated the Planning Commission recommended approvai of this request to allow retail sales in the outdoors with the following stipulations: (1) the special use permit continue on an ongoing basis with yearly staff review; (2) the erection of the large tent be limited to a totai of 16 days per year; and {3) to allow the display of camping gear and ' tents outside to be set up and taken dowr� during store hours. Mr. Qureshr, City Manager, suggested if the special use permit is approvecl, the staff should review it every year and the Council should review it after three years. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant special use permit, SP #83-06 to United Stores to allaa the use of a tent for 16 days per year for outside display of camping gear and tents which would be taken down during the hours the store is closed. Further, the special use permit be or. an ongoing basis with a yearly staff review and reviewed by the Council in three years. Seconded by Councilman Fitz�trick, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. L J �� 1� _ _ �.. �_ 1�. _ • . _�_4�y1: �; • : 0 1 1 ' • • � • �-- � ' ; : 1 • �_ � _ •, • �/i � • I�•'� • •:1 sf /' �• , Mr. Burch, Public Works Department, stated the Standard Oil Station would like to install a car washing facility and has agreed to the following stipulations recom�nded by the Planrunq Commission: (li petitioner work with the City staff on landscaping plans; and (2) a 15 foot sanitary 5ewer easement be retained on the south side of the progerty. � MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP #83-07. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously. � � �l •� �a; �• • �� ��� � •� • � � : �• � � � � � �� � � � �� : • �. • � �� ���. : •� �• 1� �. ���� '��� MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant special use permit, SP #83-08 to allow eupansion of a clinic at 500 Osborne Road N.E, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriec3 unanimously. 1 � Y7i�i •t�� ����lu �i i • [:i_:\ � \MSs'. e Y' _S!1 � ' \�� � H� �\pL�4: 1l1� � •' • 11 A LS. �L \ Mr. Kenneth Ingram, the petitioner, appeared before the Council regarding the request to increase the size of a free standing sign for the service station at 7600 University Avenue. Mr, Ingram stated their present sign is 75 square feet and they woula like � to relocate it on Osborne Road and put a new sign of 108 sqaure feet on University Avenue. He stated they are allowed two signs as they are located on a cornet lot, Mr. Ingram stated the Appeals Commission stipulated they work with the staff on additional landscaping which he estimated woulcl be around $5,000. Councilman Fitzpatrick asked if it was a fact that because it is a corner lot, they are allaaed two signs. Mr. Burch stated they have frontage un two sides that is why two signs would be allaaed. Mr. Ingram stated the existing sign is under 75 square feet, Councilman Hamernik asked if that includes the pricing or identification only. Mr. Ingram stated that is the total sign. Councilman Fitzpatrick stated what bothers him if it is a fact they can have two signs, because they are a corner business, every service station in the City is on a corner and they may have many requests fcr additional signs. � �C�ra � 1_ �J �� �� _ � _ �, • ��?,�: �; . . Councilman Barnette stated he is all for keeping business in Fridley and doesn't have any ob�ection to it himself, but it seems they are making an awful issue out of signs for businesses that serve the residents of Fridley. Mr. Qureshi, City Manager, suggested the item be tabled for f urther information. Mr. Ingram was advised it would come before the Council at their next meeting. N�TION by Councilman Hamernik to table this item to the next meeting. Secorn�ed by Councilman Barnette. Upon a voie:e vote, atl voting aye, Mayor Dlee declared the motion carned unanimously. � 10 D2. UARTANCES TO RIDUCE FRONT YARD SETBACK. SIDE YARD SEIBAQt AI�ID PARKING 7AT SETBl1CK 7U ��rl P,IJ ADDITION Tt3 5277 CENPRAr. AVENOE N.E. BY RIQ�IIRD J. POIdC, JR. (GRODDID ROUbID1 : Mr. Burch, Public Works Department, stated the Ground Round P.estaurant would like to construct an addition on the corner of their building. He stated however, they have a problem with the setback requirements and most of these problems occured as a result of right-of-way taken for Highway 65. Mr. Burch stated the Agpeals Commission has recommended approval of the variances with the stipulation the petitioner work on the landscaping, as well as making some imgrovements in the parking area and providing accessibility for the handicapped, Mr. Polk, representing Ground Round, stated they are willing to do anything requested by the City m order ta enhance the property. He stated they would put zn additional handicap entrance areas and ramps, as well as additional landscaping. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Convnission and grant the variances to reduce the required front yard sethack from 80 to 75 feet; to reduce the required side yard setback from SO to 60 feet; and to rec�uce the �arking 1ot setback from 2Q to 5 feet � wrth the following sti�ulation: the petitioner work with staff on landsczping; upgrading the parking lot striping; and adding handicapped entrance areas and ramps. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to receive the minutes of the Planning Commission Meeting of August 24, 1983. Seconded by Councilman Fitzp�trick. Upon a voice vote, all voting aye, Mayox Nee declared the motion carried unanimously. i •� �� i � �l�_ • ': MOTION by Councilman Hamernik to receive the minutes of the Cable Televisian Conunission Meeting of August 11, 1983. Seconded 6y Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carriec] unanimously. � ��,1�. _ _ u—�. � cIi ��Y�4i: �: y�4I�I�7 �� ��i_ �� ,� •:� • �.i � S � � Jl4��• �, r •, • � � � � � � rH; a. � ' � • � � ��� _ yi� ���_� • �� - l :� �i��. �.. � S • ,11_, ll_ , �• �• • � � :.� a� • �� �I�: �, v MOTION by Councilman Hamernik to adopt Resolution No. 75-1983. Seconded by Gouncilman Barnette, Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. • •\ � � 'i � l 'i 1 l':� "�1 � ,� i •�• l� � � �ll\ _,Il � �� .� • �i� C ' ,. . �tt�i�_ ' � � _�hL � ' ��I�� • u 5���� � L �. � .1!y �. �. ...;�L� '11� 1�4��C. l. 'i_':.C' �1 � l ��r 1L4� S�l� a�� �i • j�� D MOTION by Councilman Barnette to adopt Resolut�on No. 76-1983. Seconded by Counciiman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion catried unanimously. ;_ •_ •� �� ..h�.1 �� ._ �� �� •�� �. + .� �. • �� � � � +� Mr. Inman, City Clerk, stated this zeolution is in con7unction with the public hearing held regarding modification of the HRA development districts fran three separate clistricts into one, referreC to as a Pro�ect Area. He stated, by cambining these districts, it allaws more flexibility in tern�s of actions within those districts. He st�ted this resolution doesn't move any funds or add to the tax incr�nent at this time. Mr. Jun Casserly, O'Connor and Hannan, stated, at this time, this is a procedural and plamm�g device. Councilman Hamernik questioned if tax incr�nent from a gi�en district could be used in another district for land write-downs, etc. Mr. Casserly stated ta�c increment in any district can be used anywhere in , the Project Atea which �ncludes all the existin� tax increme�t areas being combined into one Pro7ect Area. � Councilman Schneider stated he thought he heard a diiferent answex last time this was discussed and was told it was difficult to move funds. Nir, �ureshi, City Manager, stated any moving of funds would reauire the Council's approval. If the Council chooses to move funds, they have the authority. He stated the basic purpose is to develop a holding mechanism to have one base to provide a reserve system that, hopefully, can help all the districts, Councilman Schneider asked if there are protectior,s built in so the tax increment isn't shifted from one district to another within the Pro�ect Area. Mr. Casserly stated the truth is it is all City money and when general obligation bonds are issuea, the City is responsible in some fashion. He felt, if a future Council doesn't have the ir�sight to put into reserve to pay the bonds, there is nothing that can be done. �� S� 11 �-� � �,_ �� ��.1� � �. � �ayi: �; • : Councilman Schneider stated a situation can be created where a tax increment district cannot develop furkher because of increment taken for somethin9 else. Mr. Casserly stated, if the City approaches development just on a piece-by- piece analysis, some wall work out and others will not work. The effort is to tty, when possible, to coordinate it. There is nothing in the resolution that suggests any fund transfers, except it pxovides the ability for the Council to do so. Councilman Fitzpatrick stated it seems what Councilm�ui Schneider describes is soraething the Council would have to choose to do. Councilman Schneider felt there wasn't a good checks and balance system, as a lot of what they do in regard to tax increment financing and redevelopment comes from the recommendation of staff and other groups, and they are Ehe same persons who advise the Housing & Redevelognent Authority. He stated he is not suggesting any u�roprieties, but if different persons and bodies were reviewing recommendations, sanething that is wrong probably would be caught, Mr. Inman, City Clerk, stated there are many persons watching over tkte City's procedures such as Moody's, the bond counsel, and auditors so he felt there was a system of checks and balances, Mr. Inman stated if you are going to have a reserve, there is no way to build one up under three se�arate districts. Councilman Schneider stated he would feel more comfortable if there was some check and balance system between the HRA and Council and, if the I3RA had some policy set down on who wuuld receive funds, Mr, Qureshi, City Manager, stated if the HRA wishes to use this tool, they cannot do it without the Council's approval. Mr. Casserly stated the undenariters are extremely conservative and, as 1 soon as the City is in a position to get some kind of rating for the fund, the rating agencies will be involved. He stated his experience is the process is so slow anci underwriting requirements become so difficult, the dynamics that take place is how to loosen them in order to get more �rojects approved. MOTION by Councilman Fitzpatrick to adopt Resolution No, 77-1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. This item will be discussed further at the Council's conference meeting. • •� �• •: u�l" �. ._ � :• �. ��u • �� � � � � J�4 • � •, �= _ � ��.. N��L�!.�_ ._ ,�, ' �1 ��J• �• � � •.• U • ' IL4 �: MOTION by Counciiman Fitzpatrick to adopt Resolution No, 78-1983. Seconded by Councilman Barnette. Upon a voYCe vote, all voting aye, Mayor Nee decl�zred the motion carried unanimously. , ��.1, _ . v. �_ ��. • _r�y7uic�; . PAGE 15 . ��� 1191;,� •+ / �� •\ ��� 1;1:•M � ••• � il�� e �I�' \ ! ' ��1 UI' �' �� ' � I! � 9' A� 1 ' ,�� ' � 115L' � �+\ • :— � ' � - � 17 18. 19 20. LJ 21 Councilman Barnette asked how property w�u1G be yiven taack ta the praperty owners if they don't want it. Mr. Qure�hi, City Manager, stated, in ome cases, they may not be successful in returnir.g the property back to the property owner. He felt, however, there should be a policy regarding the turnback of property to the owners. NK)TION by Councilman Barnette to taUle this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor P]ee declared the motion carried unanimously. RESOLUTION N0. 79-19$3 DIRgCrI_� PRFPARAmTON OF ASSESSNL�' ROL FOR 1983 SERVICE CONNECTIONS: MOTION by Councilman Hamernik to adopt Resolutzon No. 79-1983. Secondea by Councilman Schneider. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unammously. R�OL?�TIQN I�. 80-1 Q83 DIREGTING PCBL7�pmI0N QF HFARING QN PROP�?SID A5SESSMENf ROLL FOR THE 1983 SERVICE CONNECTIONS: MOTION by Councilman Schneider to adopt Resolution No. &0-1�83. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 81-1983 DIRECPII3G PREPARATION OF THE FINAL ASSESSMENT ROLL FOR TRF�A�NNEN'T ADID REMOVAL OF TREES (1983): MOTION by Counczlman Fitz�trick to adopt Resolution No. 81-1983. Seconded by Councilman Schneider, Ugon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RFSOLUTION N0. 82-1983 DIREClING PUSLICATION OF HEARING ON THE PROPOSED ASSFSSMETdT ftOIS, E'OR THE TRF'11TMENT AI�ID RFb'iOVAL OF TREFS (1983) : N10TION by Councilman Hamernik to adopt Resclution No. 82-1983. Seconde�' by Councilman ScYmeider. Bpon a voice vote, all voting aye, Mayor l�ee declared the motion carried unammously. RESOLUTION N0. 83-1983 T6 ADVERTISE FOR BIDS FOR 1983 CIVIC CENTER SPRINKLER SYSTEM PROJECT - I,OWER LEVEL�/FIRE STATION: MOTION by Councilman Schneider to adopt Resolution No. II3-1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RECEIVING BIDS ADID AWARDING ODNPRACT FOR F'OUR-WHEEL Ti2AC`iOR LOADER (BIAS OPENED 9/8/831: MOTION by Councilman Barnette to receive the bic3s for a faur-wheel tractor Loader. � �i � 2_ rJi / k`] _ !� 23 24 •�iJ� � � ��l��' �S " (BIDS �NTIN[JID) Vendor Zeigler Inc, 5� Bid Fidelity Make Caterpillar Model 930 Optional $24,207.Q0 EcNip. $ $86,535.Q0 Less Trade $9,000.000 Scheduled $2,485.35 Maintenance Maint. �cpense $4,500.00 Guaranteed $52,500.00 Repurchase 5-Year Cost $32,020.35 Delivery 60 - 75 Days Date pAGE 16 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously. �� � • •� � � : �. • , �+� � r. ��i� ' � _ �. • • � • • • � � MOTION by Councilman FitzF.atrick to re�ect all bids received August 17, 1983 for a one-ton d�nnp truck. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ..� �►ui���L4. a • � MOTION by Councilman Schneider to concur with the following appointrnents by the City Manager: �r���i Michelle Hill 690 Osborne Rd, Apt. #309 Fridley, MN 55432 Vicki Johnson li3Z Buchannan St. Mpls., MN 55413 POSITION Office Asst Police Dept. Office Asst. Police Dept. EFFECTIVE DATE __ SALARY REPI�ACES 9/6/83 $990 Lee Ann Petschen Month 9/11/83 $990 Kathleen Samara Montka ' � ' 25. � � �m7 rr. p��ING OF S��B�R 12, 1 gg3 (APPOINiMENTS Q�NTINUID) Laurie Roatch Office Asst. 9/11/83 $990 3101 Tyler St. Police Dept. Month Mpls., MN 55418 PAGE 17 Barbara Hutchinson Seconded by Councilman Hamernik. Upon a voice vote, all voting aye. Mayor P1ee declared the mation carriec3 unanimously. ESTIMATFS• I�70'I'ION by Councilman Schneider to approve the estimates as submitted. Herrick & Newi[�1, P.A. 6279 Univesity Avenue N.E. Fridley, Minnesota 55432 For legal services rendered as City Attorney for the month of Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendexed as $n,250.00 City Prosecutor for the months $4,712.50 of June & July Park Construction Company 7900 Beech Street N.E. Fridley, Minnesota 55432 FINAL FSTIMATE b?oore Lake Restoration Pro�ect #137 iBASFU) Monnette Construction Comg�ny, Inc. 2050 White Bear Avenue St. Paul, MN 55109 Estimate #5 Center City Plaza $ 1,677.15 $ 8,962.50 $17,934.51 $68,262.85 Seconded by Councilman Barnette. Upon a voice vote, all wting aye, Mayar blee declared tiie motion carried unanimously. 26. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment af Claims No. 224520 through 253565. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. LICE2ISES: MOTTON by Councilman Barnette to approve the licenses as submitted and as on Eile in the License Clerk's Office. Seconded by Councilman Schneicler. Upon a voice vote, all voting aye, Mayor D1ee declared the motion carried unanimously. � � 1 "� r` 4i�'I yd ��� 28. •� 1�. _ _ �. • _ ���: �; Darlynn Ronn: Use of Black Fly-Ash/Salt Mixture � This item was discussed under the "Open Forum - Visitors" section of the agenda. •�!Js� _ MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Sahnei2+er. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the and the Regular Meeting of the Fridley City Council of September 12, 1983 adjourned at 10:30 p.m. Respectfully submttted, �n /� /Lt^'"i'`'�,-A. C.�C.xt'l.-� Carole Haddad Secretary to the City Council Approveci: September 26, 1983 I � /i � � i (�J / V L � �'cGv�L � �� ��'��—`�.. � William J. e Mayor � , �