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01/12/1976 - 00014914: r �- THE MINU7ES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 12, 1976 The Public Hearing Meeting of the Fridley City Counc�l of January 12, 1976 was called to order at 7:33 P.P1. by Mayor Nee. PLEDGE OF ALLEGIANCE. Mayor Nee welcomed those present and invited thein to ,7oin the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL � MEPIBERS PRESENT MEMBERS ABSENT: ADOPTION OF AGENDA: C�1 � Councilman Starwalt, i,ouncilman Fttzpatrick, Councilwoman Kukowsk�, Mayor Nee and Councilman Hamerm 4: None MOTION by Councilwoman Kukowski to adopt the agenda as submit,ted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor P�ee declared the motion carried unanimously. PUBLIC HEARIPJGS: PUBLIC HEARING ON REZONING REQUEST, ZONING ORDINANCE AMENDMEMT ZOA #75-Oc. BY MOTION by Councilman Fitzpatrick to waive the reading and open the Public Nearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously, and the Public Hearing opened at 7:34 P.M The Public Works Director explained that this item is a request for rezoning in the southeast quadrant of the intersection of Old Central, Hacl:mann Avenue and Highway #65, from C-1S (local shopping areas) to C-2 (general 6usiness areas), in order to make the zonrng consistent with the present use, the present use being a service station. The Planning Commission had a public hearrng December 3, 1975 and they did recommend to Council approval of the rezo m nq request, as noted on page 1D of the agenda The Public Works Director further explained that together with this request is a consideration for a Special Use Permit for this service station. 6asically, he said, he would like to point out that Union Oil Company initially made this request approximately two years ago. At tha± time, there was some concern about the traffic problems in the area. Today, the request encompasses only the service station, and it is the intent of Union Oi1 to rebuild and improve the existing perimeter. The final plans are being drawn up by the State Highway Department r'or safety improve- ments at this intersection as shown on page 1G in the agenda The plans are to re- align and update curbing and islands for the existing trafftc flow in the area, which will direct the traffic flow a little more sr�oothly and safely through the intersection. The State Highway Department is scheduled to let the plans for this construction in february of 1976. Mr. Glenn Hubbard of the Union Oil Company is present to answer any questions we may have. He also pointed out that a couple of the residents of the area were present at the Planning Commission Meeting indicating their concern of possible results of the rezoning Mayor Nee stated that another concern that should be underscored is that at one time the land was properly zoned and the City changed the zoning code in 1969 Union Oil Company has not been able to upgrade this property since that time Councilman Starwalt asked Mr. Hubbard tf he would care to comment on the poss�bility of the removal of the existing structure at this location Mr. Hubbard explained that they were not able to make plans for rebuilding in the budget for this year, but they fully expect that with the rezoning, they will re- build at this location the following year. The Public Works Director commented that there will be some easement acquis�tions that will have to be acquired from Union Oil Company on the North property line, and Mr. Hu6bard has indicated that this would not 6e a problem. Counc�lman Starwalt asked �f this acqu�sition of easements has been worked out in the stipulations. The Public Works Director sa�d that this was part of the Planning Commission's recommendation to Council, as shown on page 1D of the agenda in their motion to approve the rezoning request. ! .� !i PUBLIC HEARING MEETING �F JANUARY 12, 1976 PAGE 2 Mayor Nee asked if any other member of the Council or anyone in the audience had any questions or concerns in this. Mr. and Mrs. Lewis Hedlund, property owners of property adjacent to the service station were present, and Mr. Hedlund said they oppose the rezoning. He ex- plained that they felt that this could open up opportunit�es for quite a variety of business enterprises that could go into this location if the service station moved These businesses we would not want to have next door to our home. At the time the service station went into business it was properly zoned, but it did not include the other businesses. He said they feel like they are being rail- roaded lnto a zoning change that they do not like. Councilman Starwalt said that he could understand their viewpoint and asked how long down the road do they feel the City should hold up the rezoning for that sort of th�ng. Mr. Hedlund said that he could not answer that question. Mayor Nee said the question that needs to be answered is can Union Oil accomplish their p7ans for rebuilding without changing the zoning. The Public Works D�rector explained that w�th the present zoning laws if the structure was damaged more than 50% by wind or fire, they could not rebuild. Mayor Nee asked Mr. Hedlund if he would like to see a new building at this location. Mr. Hedlund replied if we are asking if it would be worth it to him to have the rezontng, no it isn°t. Councilman Fitzpatrick stated that it is zoned the way it is now to avoid these other uses. He said this went through the Planning Commission at some lengths a couple of years ago , Councilman Hamernik said that only restricted businesses could go into that property, The Pu61ic Works Director said this ts correct. With the park�ng requ�rements, and , the amount of property being rezoned, it would be restricted. Mr. Hedlund sa�d that he did not think this was entirely accurate, He said that the physical size of the property that would be rezoned for the service station would be limited. However, there is a whole other vacant lot that �s not asked to be rezoned, but that it could be used for a parking lot, whicr3 would allow any type of business to go in Councilman Hamernik asked if this lot was on the south side of the property, and Mr. Hedlund replied that it is. Councilman Starwalt commented that the overall layout of the traffic flow, the signalization, the attempt to make this a better intersection (and there has 6een a history of accidents with additional housing and additional traffic), this con- cept would see the City through from now on. Mayor Nee asked Mr. Hubbard if the stipulations pointed out at the Planning Commission Meeting were acceptabTe, and Mr. Hu66ard said that they were. MOTION by Councilman Starwalt to close the Public Hearing. Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, �nd the Public Hearing closed at 7:55 P.M. INFORMAL PUBLIC HEARING TO CONSIDER DETAILED PLANS PREPARED BY THE MINNESOTA HIGHW Y DEP RTMENT F R C NSTRl1CT N F N I E B E ENT S RU U ES ND L NDSC PING ALONG PORTION OF I.694. The Public Works Director explained that Fridley will be receiving some funding for the noise abatement construction and landscaping. The Minnesota Highway Department has prepared some preliminary plans and Mr. Gary Orlich of the Minnesota Highway Department �s present to answer any questions anyone may have. Mr. Orlich said that they have developed some detailed plans and this pro,7ect is set for a Spring letting. Tonight, we are having a public hearing so that people will have an opportunity to see these detailed plans and so that we can obtain their input before the final plans are drawn up, Following this procedure, the final plans will be submitted to the City for their approval. He said he would also like to mention that in looking at the landscaping plans, he would like to remind the people that the contractor is going to be responsible for any pTantings by or beside the structure for one year after the plantin9. Then the responsibility , � � � PUBLIC HEARING MEETING OF JANUARY 12, 1976 PAGE 3 for watering and cutting the grass on the residents side of the wall, will be the residents. He indicated that it would pro6ably not be any more than eight to ten feet, and in some cases less. Fle explained that the Highway Department does not have the funding or the accessibility *o get behind the wall and this was a problem pointed out to him by their maintenance people. RECESS: At this potnt, Mayor Nee called a recess at 8•00 P.M. so that the residents could view the plans and drawings for this pro,7ect. RECONVENED: Mayor Nee reconvened the meeting at 8•2D P.M. Mayor Nee asked if anyone wanted to speak on any part of this pro�ect, and there was no response. The City Manager commented that by the silence of the public he assumed that the general consenses was that they agreed with the plans. He explained that this was the time to make any comments before the plans are finalizeci Councilman Hamernik said he had a couple of commen�s. He reminded the people that they will be looktng at this wall years from now, so now ts the time t� brinq up any concerns they may have. Councilman Hamernik asked the Highway Department �f they have completed enough of this type of construction to have an idea of what the costs wtll run. Mr. Orlich said that at the present time he does not have an idea of the costs, but they will have this information when the final plans are submitted Mayor Nee pointed out that 6asically this is the result of some years of work in the legislature and by congress, and the Highway Department has responded to this He further commented that as the City Manager pointed out, there are some drawbacks with the limitation of the view, etc., and that the Highway Department makes a considerable effort to make the wall as attractive as possible through landscaping. He said his understanding of the neighborhood is that almost everyone wants this pro,7ect and are prepared to take the adverse impact, whatever that may be. Councilman Starwalt said he had a question concerning barriers that have been put up already in the south part of town, and asked if the�°e were any figures ava�lable indicating the effect these walls have on the values of the properties ad,7acent to them. Mr. Orl�ch replied that the only method they have of keeping track of this is each time a home is sold in the area, they have their right-of-way people go out and price the homes in the area that are not located behind a wall and not behind a freeway. He explained that there has not been enough built to determine this He said they have had some calls from people constdering buying homes in Fridley and New Brighton, and they seemed to feel good that the City has shown intere�t and concern in this situation. NEW BUSINESS: CONSIDERATION OF A RESOLUTION #8-1976 APPROUING AND AUTHORIZING SIGNING THE E The City Manager said that there are only minor ad,7ustments in the contract from the previous one_ We feel it is a good contract and we recommend to adopt the Resolution. Councilwoman Kukowski asked why the last paragraph was de]eted on page 4C of the Agenda. ; �; 7 �,�;5 PUBLIC HEARING MEETING OF �ANUARY 12, 1976 � PAGE 4 The C�ty Manager replied that whenever an officer takes a �ob he takes his pledge anyway, and also we are trying to standardize the numerous labor contracts we have so they will have the same language. MOTION by Councilwoman Kukowski to adopt Resolution #8-1976. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared ' the moiton carried unan�mously. CONSIDERATION OF A RESOLUTION #9-1976 �ESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY AND RECEI1fING LIST OF MEMBERS WHOSE TERMS WILL BE EXPIRING APRIL 1, 1976 ON BOARDS AND COMMISSIONS: The City Manager explained that at the last meeting Counci7man Starwalt was appointed Director to the Suburban Rate Authority, but the Suburban Rate Author�ty requires an alternate to this appointment also. Councilwoman Kukowski said that she would make a motion to nominate Councilman Hamerntk as alternate, if th�s was agreeable with him Counctlman Hamernik said that he would accept tYie nomination. MOTION by Councilwoman Kukowski to nominate Councilman Hamernik as alternate �irector to the Suburban Rate Authorrty, and adopt Resolutlon #,9-1976. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY OF FRIDLEY TO PROIIIDE Mayor Nee said that he has a�ked for this consideration basically on the premise � that it is part of the commission m�mber's ,7ob and that if they were not on the comm�ssion, several of them would not spend the money to have the cable TV in their hame. He asked if anyone had any reaction to th�s consideration. Councilman Hamernik said thathis reaction would be that we are probably moving toward setting a precedent of making payments to commissions. He said it might 6ring some ramifications. Mayor Nee commented that the Ordinance set up does provide for reimbursement of expenses, and he is su9gesting that this is a reimbursement He explained that none of the commission members have requested this, but he does not feel they can perform their responsibilities on the Cable Commisston if they cannot watch thP programs Councilman Starwalt said he is not sure he agrees with this. He said he does a9ree with Councilman Hamernik that we cou�ci be setting up a precedent. He said he is not sure a person would have to watch the programs on a regular schedule to perform their responsibilities. He further stated th��t he looked upon TU as an entertain- ment rather than a chore, and by believing that he does not feel that he should consider this. Councilwoman Kukowski said that it seems to her that it would be a terrible burden on a commission member not to have the cable. She explained that there are so many things they have to be careful of and watch for. It would be difficult for ' a cable commissioner to make ,7udgment on hearsay if they do not have the facilities available to them. They should be able to make a decision with as much going for them as possible. She suggested that perhaps we consider this on a yearly basis, and approve it for this year. Councilman Fitzpatrick said he agrees w�th Councilwoman Kukowski. He commented that he hesitated for a moment as to whether or not they needed the prem�um also, but he is inclined to think that they do. _�„ PUBLIC HEARING MEETING OF JANUARY 12, 1976 PAGE 5 Mayor Nee stated that the Resolution required four votes, and asked if there was any other discussion. Councilman Hamernik said his only comment would be paying for the premium service. � There again, he said, it is a privilege, or Zt is a cholce, as to whether one wants to buy this as a citizen, and he questions whether we should pay for this service for these peop1e He felt they have to have input from the pu6lic, andthe p�bl�c should probably qive them the feed6dck they need. �-1 � Councilman Starwalt said that he has discussed this with a few people, and he received some violent reactions, both pro and con. If these people are provided this service, would th�s enable them to encourage people to sign up for this premium Mayor Nee said that their ,7ob does not include getting customers for the Cable TV Councilman Starwalt stated that he agreed, but this is one of the comments he heard. He further stated that he did not believe the members needed this service in order to be valuable mem6ers of the commission. Councilman Fitzpatrick said he would like to reiterate one point. If all five of the members already had the cable, he would not be in a hurry to pay the bill, but it would bother him if people were acting on a commission who did not have the cable and did not watch it Councilman Hamer m k sa�d he would like to reiterate the ramifications if thts service were provided. He questioned the position of the Parks and Recreation, as they are "watchdogs" also, and should they have one member of the family participate in every activity, and in return receive free athletic fees, etc Mayor Nee suggested possibly eliminating the premium service, and considering the Resolution without this service MOTION 6y Councilman Fitzpatrick to adopt the Resolution as submitted. There was no second to this motion. MOTION by Councilwomzn Kukowski to adopt the Resolution without the premium service Seconded by Councilman Fitzpatrick. Upon a roll call vote, Mayor Nee voted aye, Councilwoman Kukowski voted aye, Councilman Hamernik voted nay, Councilman Starwalt voted nay and Councilman Fitzpatrick voted aye Motion failed. LICENSES: MOTION by Councilwoman Kukowski to approve the license for the Auctioneer for the Amer�can Bazaar and Market. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, Councilman Starwalt asked if this license would permit automobiles to be auctioned. The Public Works Director said it would not. The application for the sale of automobiles was not actually applied for. A�JOURNMENT: MOTION by Councilwoman Kukowski to ad,7ourn the Public Hearing Meeting Seconded by Councilman Starwalt. Upon a voice vflte, all voting aye, Mayor Nee declared the motion carried unanimously, and the Public Hearing Meeting of the Fridley City Council of January 12, 1976 closed at 8:58 P P1 Respectfully submitted, r � - �,Cr-�,2 � ��,�, � Helen Fagin Secretary to the Counc�l �ate Approved: J� �ql7fo l/� ��,,����L�/ � L��_ William J N e Mayor %',f,4 � � ' ' L_J