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05/21/1984 - 00012260Y�_ �1N4_. • i : �,r,Js' u. ,. � i � ��,� � .; The Regular Meeting of the Fridley City Council was cailed to order at 9:38 p.m„ after the meeting of the Board of Revzew. �� —_',— MENIBERS PRESII�T: Mayor Nee, Councilmars Fitzpatrick, Councilman E3amernik, Councilmara Schneider and Courzc�lmai� Barnette � MFa1BER5 ABSENT: None PROCLAMATION• l��IIiP���?�i1:�7� .� � 31 • . Mayor Nee stated he has issued a proclamatiore decL�rxng Natianai P�.�b37r' Works Week the week of May 20 through 26. APPI�VAL OF MINUTFS : ��11 l��I'�1�9 MOTION by Councilman Fitzpatrick to approve the n�inutes as pYesentec. Seconded by Councilman Hamermk. Upon a voice vote, all votiria aye, Nayar Nee declared the mation carned unanimously. :��• •� • : 91�I�k Mayor Nee requested the following item be added tn the agenda: Consideration of Purchase of Equipment Sysketr. MOTION by Councilman Hamerruk to adopt the agenda with the above additzon, Seconded by Councilman Schneider. Upon a voice vote, all -ve�ting aye, hlaiar Piee declared the motion carried unanimously. � OPEN FORUM, VISI�RS• There was no response from the audience uncier tl�is item of- business. • � :. �� 1. CONSIDERATIDN OF AN APPOIPFR✓1h'NT TO T13E E1T7EFdGY CGPIP�iISSSON iT�'1F3LID 5J1/�41 : Ni�TION by Councilman Hamernik to nominate Glen Douglas, 871 66th Avenue, For appointnient to the Ehergy Conmiission. Seconc]ed by Councilman Barr�ett�. There being no further naninations, the fo3lcnain� act3on was taken; MOTION by Councilman Schneider to cast an unanin3ous l�allot for tl�e appointment of Glen Douglas to the Energ}� Commission. Secondec� by Councilman Barnette. Upon a voice vote, all votin5+ aye, i�fayor Nee declareca the motion carned unanimously. � r(i 1L /�1. �Z �� f�"� C1Q�JNCIL MEETING OF MAY 21, 1984 • � 4• � u • � • ei1YJ�;��� � • • : • • ; : � 1 � , � :�. MOTION by Councilman Hamernik to waive the second reading and adopt prdinance No. 813 on the second reading and order publication. Seconded by Cauncilman Schne�der. Upon a vaice vote, all voting aye, Mayor Nee declare� the motion carriea unanimously. 3. ORDINANCE NO 814 `IO AMIIVD THE CITY QODE OF THE CSTY OF FRIDLEY BY MAKING A CIIISNGE IN �ONING DISTRICP (ZOA #84-01) THOMAi E BLOMBERG (FIRST READING 5/7/E4) MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 814 on the second reading and order publication. Seconded by Councilman Fitzpatrick, Upon a voice vote, all voting aye, Mayor Nee declared the moti�n carried unanimously. f��TL�b�tl�� �. CONSIDERATION OF FIRST REI�DING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMII4DING CHAPTER 11. ED7'PITL,ID "G�NER1iL PROVISIONS ADID FEFS." SECi'ION 11.10. PEES (CARNIVAL FEESI: 5 5A. Mr. Inman, City Clerk, stated this is an amendment to the ordinance for carnival fees, He stated the ordinance now provides for a$600 fee for carnivals which cover the entire year. He stated the change recommended is for a$75 application fee plus $75 per day for each day the carnival runs and a$200 deposzt to assure cleanup of the site. MOTI�N by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. RECEIVING Pr�1NhTING �MMISSION MINUTF'S OF MAY 9. 1984: � •�� �s� i � ,�. ��� � �� � . �� ' •� Mr, Flora, Public Works Director, stated this property is located in the floa3 plain and requires a special use permit for the addition. He stated the petitioner can c.onstruct a building so that the addition can be raised to the proper elevation and extend the elevation to prevent damage to the adc�tian. Mr. Flora stated the Planmng Commission recommended approval of the special tnse permit wzth the stipulataon that the petitioner meet the elevations for the flood plain area. Mr. Flora stated this would include a fill of 15 feet around the structure. MOTI6N by Councilman Fitz�trick to concur with the recommendation of the -2- � ' ' rJ � � SB. 5C. 5D. 5E, �� �\ ��1� • � � � Planning Commission and grant special use permit, SP �i84-05 with �he stipulation that the petitioner meet the elevations f�r the fload plain area and the kierming requirement as stated by the City Engzneer. Secor�cied by Councilman Schneider. Mr. Malone, the getitioner, stated the Pldnning C�rnmassian never mentzaned the requirenent for a 15 foot earth berm. Mr. Flora stated certain requirements must be met if you are builc7in�� ir tlte flood plain area to satisfy Federal regulations, Mr. Qureshi, City PSanager, stated the special use permit caulcl be a�proved with the stipulations ard if something can "� be workecl out wath the petitioner, it would he necessary to come back to the Council. UFON A VOICE VOTE TAKEN ON 'I4iE �1BOVE MOTIQl��, �il vating aye, and Mayor r!ee declared the mot2on carried unanimously. SPECIAL C1SE PERMIT. SP #84-06. FOR A:,ECOAID ACCESSORY BUILDING AZ'5832 3RD STREET BY EDTdARD ANDRAJACK: Mr, Flora, Public Works Director, stated 41�is is a request for a special use permit in order to construet a second accessory garage to the rear oi tYiis property. He stated there currently is an attached c��rage to ti�e dwellii.g and the owner wishes to add a 528 square feet �ddition and all setlaack requirenents will be met. Mr. Flora stated the Planning Commission recommended approval wzth the stipulation that the driveway to the new structure be �ved. MOTION by Councilman Fitzp�trick to concur wxth the �ecommencaation or the Planning Commission and grant special use permit, SP #84-05 wiih the stipulation that the driveway to the new structure be pavec�. Secondea by Councilman Barnette. Upon a voice vote, a3� voting aye, Mayor Dlee decl�red the motion carriea unanimously. • � • a� � � �� � • ; � . _ •��� •,� ; • : •.�: r •r MOTION by Councilman Fitzp�trick to set the p�lic he�ring on this rezonii7� for June 18, 1984. Seconded by Councilman Schne�der„ Upon a v�rice vate, all voting aye, Mayor Nee declared the motivn carrir� ur�anamousTy. PRELIMINARY PLAT. P.S. #84-03, LO1'T H�t•1E5 �lF FRgDLEY. BY ROBERT DEGAL2DNER: MOTION by Councilnan Barnette to table this �tem unti] after the rezoning as considered. Seconded by Councilman Sch��eir_1er. L7�,on a voice voce, ail voting aye, Mayor Nee declared the motion carriec's wzariimously. SPEC7AL USE PERMITt SP #84-�7. FOR Atd A£JGT1IUid AT 6875 UNYVERSIT"�' AVENUE BY 4�t70DCRE�ST BAPTIST CHURCH: -3- �y-J Y i i%i��1 � �}ii ` COUNCIL MEETING OF MAY 21. 1984 P4ayor Nee state�' Cauncilman Hamernik asked that this item be tabled for seaeral weeks, He stated anyone who wished to speak this evening may do so i�earing in mind a decision wouldn't be made at this meeting. Mr. b�tve Radakwugh, Chaixman af the Bmlding Conunittee of Woodcrest Baptist Church, stated he hasn't had the opportunity to meet with the residents. He stated it is a matter of some who are not in favor of their proposal and some who want �t. Councilman Barnette stated this item was discussed at the Planning Commission meeting and there was opposition from persons in the � ne�qhborhood. He believed the Plamm�g Cammission recommended the proposal be reviewed with the neighbork�ood residents and for plans to be presented and he dicln`t think this had a chance to happen. Mr. Radabough stated he felt they could da something to improve the aesthetics, as long as the residents keep an open mind about it. He stated the reason i.hey are rea,uestir7g a gymrtasitm� is to provide physical education and athletac programs at theYr school. He stated, at the present time, they transport t1��ir students ta rented facilities which results in wasted time and a r�sk to the childr�n in transporting th�n. Mr. Radabaugh also stated the living quarters proposed above the gymnasium would provide tenporary liv�ng guarters for their missionaries rather than having then reside with families of the �arish or housing then in a motel. Mr. Radabough also stated the gymnasium would provide a place for the children durzng recess and an area for drama and music programs, Mr. Radabouqh stated they didn't feel the addition of the gymnasium would �ncrease trafiic in the area, and would eliminate their need for bussing the students to other areas for aym facilities. fie stated they are willing to work out the aesthetics and also are doing a study with a prafessional landscaping com�ny for a landscaping plan. Mayor Nee stated he felt t1�is location was a limiting factor as far as their � grawth. Fie asked if they had ever considered a move, such as north oi Columbia Arena where there is land for sale, to qive them the greater �otential to exp�nd in the future. Mr. Radabough stated it would cost a lot of money to move to a new location and construct new buildings. Nir. DuWayne Bakke, 454 luce Creek Boulevard, stated he intends to meet with the church representativ�s on the Iandscapiny. He stated he has a concern about ttie traffic flaa and felt there was also a serious fire hazard. He stated there is �ust one entrance and exit into this area and the proposed new gynu�siimr would literally he landlocked from the entrance of the �rking lot, He questioned how a fire truck would get in this area to fight a fire. He feit persons in the gym area would be trapped between the two fences and the school and church. Mr. Bakke statea when tt�e resiclents asked about the future expansion of the -4- ' •���\ 4� 1�. _.l� � 1L.. � � � school, the answer they received was they coulc7n't commit to 20D ar z2S students. He stated the church represent�tives also wouidn't make a commitment whether they intended to make more additicns in the future, Mr, Bakke stated he felt they are building a bicJ warel�ouse on Rice Creek and it would detract frcnn the City as a whole. Mr. Dean Eberhard, 436 Rice Creek Boulevara, utat�d his concern is the building would be right in his back yard and would block the openness which � now exists. He stated the proposed gynu�a�iLUn woulcl extend almost the entire Ienqth of their pro�erty. He stated he is concecned about the marke� value of his home should they ever wish to sell. Mr, Eberhard stated sanething they would lzk� worked out is the Loof- lane �n order to make it more aesthetically attractive. Councilnan Barnette asked P1r. Eberhard if he felt it wou3cl be adoantagec�us to discuss the proposal with the residents. Mr. Eberhard felt it would be very beneficial. Mrs. Bev Eberhard, 436 Rice Creek Boulevard, asked why the gym caulc7n't be constructed on the west side. Mr. Radabougl; stated they consaderccl this area, but would lose �arking area. Councilman Hamernik stated he felt they should try and work auz thE differences with the residents. MOTION by councilman Hamernik to table thls item L-or two weeks and authorize a public hearing for June 4, 1984 and notify the persons h�ho siqned the petition of this hearing. Seconded by Councilnran Harnette. Upan a voice vote, all voting aye, Mayor Nee declared th� iac�txon carried unariimously. SF. ifyi' SPLIT REOIJFST ON LCYP 6 BLOC[t 2°1�IiING VALLEY 1�DDITIQN SY 141r3 RICE CREEK ROAD BY GARY & C^.tNT[-IIA ERt�,P,Ni• � Mr, Flora, Public Works Director, stated tYiis is a�_equesE to split oii a large p�rcel of property loeated north of �T.ice Creelt Road anc? east a�E O�ci Central Avenue. He stated the owners wish to split off the north 149 feet of Lot 6, Block 2, Spring Valley Addttion ta make a new building site for possible future development. He stateci, at thzs time, the progerty is landlocked. Mr. Braam, the petitioner, stated he wishea to split th� lot w�th tne intention, if a road goes through, they woulcl have another buildable lo�. Councilman Schneider askec3 if the City has any obligatlen to providc a road if they approve the lot split. Mr. �lewman, representing the City Attorney's �if1Ce� scatec] the lot split could be approved with the understanding tl�at ii is landlocked property ard the petitioner is aware of this and the City is under no obl�gation co provide access, -5- � �( �tZ �� !_�1Nb ��b •� a� �. • � •' � Cauncilman Schaeider stated he didn't feel he could support the lot split, aa he isn't sure how the entzre area will develop. He stated he would have some yrave reservations about putting in a road, unless they ha�e addressed the drainage issue. N10TION by Councilman Schneider to table this lot sp1iY, request to the next meeting on June 4, 1984 for further in£ormation from staff. Seconded by Counc�ln�an I3amernik. Upon a voice vote, all voting aye, Mayor Nee declared the n�otion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning � Cammission meeting of D'�y 9, 1984. Seconded by Councilman Hamernik. Upon a voice v�te, all voting aye, Mayor Nee declared the motion carried unanimously. � • .� •:� • •� • �_ •• •:� � �llu � �_ •' � .. � . MOTION by C�unciln�an Hamernik to adopt Resolution No. 60-1984. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor P3ee declared the motion carrxed unanimously. 7. HFSOLUTION ItiY3. 61-1984 F�TABLISHING A PUBLIC HEARING DATE IN THE MATPER OF A CABLE 'PELEVISION RATE INCREASE REOUEST FOR JUNE 18. 1984: MOTION by Councilman Schneider to adopt Resolution No. 61-1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayox Nee declared the motion carriec7 unanimously. E. RESOLUTION NO. 62-1984 APPROVING AND AUTHORIZING SIGNING THE AGREEMENT FSTABLISHING I�R7RRING CQNDITIONS, WAGFS AI�ID HOURS OF EMPLOYEFS OF THE CITY OF FRIDLEY FIRE DEPAR�fENP FOR THE YF�11RS 1984 ADID 1985; MOTION by Councilman Barnette to adapt Resolution No. 62-1984. Seconded by Councilman Schneider. Upon a �aice vete, all voting aye, Mayor Nee declared � the nx�tion carried unammously. 9. CCJIISIDERATION OF A REIXIFST TO CHANGE SIQV PIAN FOR HOLLY CENI'F'I2: Mr. Flora, Public Works Director, stated Old Country Buffet wkao will soon be locating in Holly Center has requested a variance to the sign plan to locate a s�gn ori the wall eight feet above tYie mansard roof. Mr. Flora stated the aaners of Pa11y Center have indicatec7 they would have no ob�ection, if the Council approved. NIOTION by Counciiman Fitzpatrick to approve the variance requested in the sign p]ari for Old Country Suffet at Holly Center to a11ow the sign to be placed on the wall eight feet above the mansard roof. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Piee declared the motion carried unammously, G3 � � � � ��l�,i _� � �i � • � i 10 . E T�S?M .�'P�.S - hSOTION by Councilman Bas.nette to approve Ehe estimates a� sulanitted, Halverson Construction Company 4227 165th Avenue N.�. Wyoming, PMI 55092 Estimate #1 19E34 Misc. Curb & Gutter Pro�ect E.A. Hickok & Associates, Inc. 545 Indian Mound Wayzata, MN 55391 Moore Lake Restoration Pro�ect II Professional Services - April, 1984 $?.�SL�2.�2 $3,657.12 Seconded by Councilman Schneider. Upon a vozce vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 11. LICENSFS: MOTION by Councilman Hamernik to approve the licenses as sul�nitteci and as cn file in the License Clerk's Office. Seconcle� by Councilman FiY�zgatrick. Upon a voice vote, all voting aye, Mayor Nee c7eclared the motion carrzec7 unanimously. 12. CLAIMS; MOTION by Councilman Barnette to authorxze pa}�rnent pf Claims No. 120E12 through 139Z07. Seconded by Councilman Scl�neider. Ui�on a vaice vote, ail votinq aye, Mayor Nee declared the motion carried unanimously. 12.1 CONSIDERFITION OF RESOLUTION 63-1984 TO AIiVEP.1'YSE EOR �IDS FOR A T12AFFIC SIGNAL� RENIOTE CQNTROL SYSTEM: 13. Mr, Qureshi, City Manager, stated the cost af Y1�is equi�.ment woulcl be abaut $20,000 and it was felt they should go out for bids. MOTION by Councilman Schneider to adopt Resalui:ion 63-19f34 authorizir,� ba.ds for this equipment. Seconded by Councilmaa� I?amernik. LTpon a voice vc�e, all voting aye, Mayor Dlee der.lared the mota.ar7 carriec7 unanimou�ly. ANQKA COUNTY P,DMINISTRATOR: SPECIAL ASSPSSMEPdT QN i�ART OF `£FACT D. s.LS N0.74: MOTION by Counciln•an Hamernik to xeceive tk�is communicaticrn at�ca autY�orize staff to bring back a resolution to abate 504 of the a5sessmerat of r_�zs property. Seconded by Councilman Fitzpa�ricic. Upon a voice vo�e, �il� -7- 1 I ��i� �i. � �' voting aye, Mayar i7ee clecl�red the motion carried unanimously. AA70[JP,NMERTI' • MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Nlayor Nee declared the motion carried unammously an�i the Regular Meeting of the Fridley City Counc�l af May 27, 1984 ad�ourned at 1]c7.0 p.m. Respectfully submitted, i� , % j� � fl n /") � ,��t.��-v-C� e�-�,�cL.-0.� �V ` i % l.,x.s� Carole Haddad Willi J, Nee Secretary to the City Council Mayor Appzoved: �une 4, 1984 ' � '