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07/12/1976 - 00014772� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL-�uly 12, 197b The regu7ar meeting of the Frtdley City Council was called to order at 7 35 P.M PLEDGE OF ALLEGIANCE Mayor Nee welcomed those present and �nv�ted them to �oin w�th the Counc�l in the Pledge of A7legiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES Councilwoman Kukowski, Councilman Starwalt, Councilman Hamernik, Mayor Nee and Councilman Fitzpatrick None PUBLIC HEARING MEETING OF JUNE 14, 1976: MOTION by Councilman Starwalt to adopt the minutes of the Public Hearing Meeting of June 14, 1976, as subm�tted. Seconded by Councilwoman Kukowsk�, and upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. REGULAR MEETING OF JUNE 21, 1976: MOTION by Councilman Hamernik to adopt the mtnutes of the regular meeting of June 21, 1976, as submitted Seconded by Counilman Fitzpatrick, and upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously ADOPTION OF AGENDA MR. ED WILMES, 6350 RIVERVIEW TERRACE N.E , DONATION FOR A FACILITY FOR THE HANDI- CAPPED � Mr. Ed Wilmes talked about a$200,000 gift from Norway to the State of Minnesota to be used to huild a health center and a sports center for the handicapped Mr. W�lmes said he didn't believe there is any area more appropriate to have a handicapped center than in the City of Fridley. He stated the Islands of Peace comes before the Metro Council tomorrow as to �ts becoming a special regional park and to get a clarif�cation of the special needs Mr. Wilmes enumerated the various organizations that have used the park and how many persons were tn those groups and the dates they visted the park One of the needs, he satd, is a she]ter ar�ea, and they have recetved applicat�ons for a bicycle trail to be established. The Minmeapolis school system ts asking for informa- tion about the park The Minneapolis Pu61ic Schools Field Trips Off�ce is revising the handbook to include the Islands of Peace as a place for the Minneapolis students to visit. They would find the experience ineam ngful. The Como Elementary Schools made inquiry as to what we can handle as far as numbers, schedules and so forth Mr. Wilmes continued his remarks with comm�znts on grants, appl�ations, recreation defi- nitions, rehabilitation, and that in the f�uture there cou7d be a nature center there. Further, if the Metro Gouncil re�ects this pro�ect, the hopes and dreams of the hand�capped wtll be set back for many years to come as well as the efforts of those who are knowledqeable and have been involv�ed wtth th�s in writing 7etters rn support of the Islands of Peace. �NEW BUSINESS: CONSIDERATIOP FIRST READING OF AN ORDIN,4NCE FOR REZONING REQUEST, ZONING ORDINANCE 5-02 BY ROBERT DEGARDNER, TO REZONE FROM R-3A TO CR-1, 6431 T H. #65 The Public Works Director stated that th�s matter came before the Planning Cominission on May 5, 1976. The request was denied for several reasons and the issue was then referred to the City Council. Mr. DeGardmzr was contacted that the Council would be considering the matter tontght, but Mr. De6ardner is not present � I �� REGULAR MEETING OF JULY 12, 1976 PAGE 2 Councilman Starwalt stated that he recognized that the Planning Comm�ssion did recommend that it not be rezoned and the rezoning for that is very good, but he has a different interpretat�on of the matter. He said his interpretation is that the persons probably most affected, if at all, in any future action would be the persons immediately to the north and the families to the north on the corner of Mississippi and State Highway 65. He had talked to the residents in the area, and hts bel�ef is that this sort of usage would be best for the Ctty in the long run over possible future apartments that could be put tn there. The people on Dellwood, east of the affected property, didn"t express any objection, in fact, they indtcated they would rather see commercial there than to see it vacant. Counc�lman Starwalt went on to say that if we are to deny �t, let's deny it for the proper reasons. Spot rezon�ng is to be avoided except where c�rcumstances warrant approval. He is trying to look at the effect that the commercial pattern would have tn consolidating or enhancing the particular area over what it is now The owners directly to the north, although this is residential, do not have City gas and have not been able to get it except at a cons�derable expendtture. They are �nclined to think if �t were rezoned that out of the process they ctty gas and tM s would certainly be to the�r advantage. Some of the audience briefly remarked that they ob�ected to the rezoning. Some of them felt that rezoning would improve w�nter park�ng conditions in that the office building would not have snowbirds and would not create other winter parking problems to the residents in the area. MOTION by Councilman Starwalt to waive the reading and adopt the ordinance upon first read�n9. Seconded by Councilwoman Kukowski. A roll call vote was taken. Council- woman Kukowsk� voted nay, Councilman Fitzpatr�ck voted nay, Mayor Nee voted nay, Councilman Hamernik voted nay, Counci7man Starwalt voted aye. Mayor Nee declared the motion failed to pass by a four to one vote. Mr. Brunsell, Finance D�rector, stated that the administration has taken a look at the expenses involved A survey was made of the time spent and from that it is the recommendation that ihe fees be increased from $30 a year to $60 a year for servtce stations. � � Mayor Nee remarked that he was very impressed with the work that was done in th�s matter. The City Manager said the admtnistration will cont�nue to brtng these matters to a more frequest scrut�ny than has been done. MOTION by Counc�lman Fitzpatr�ck to wa�ve the reading and adopt the ordtnance on first reading. Seconded 6y Councilwoman Kukowski, and upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. CONSIDERATION OF FIRST READING 01 OF THE CITY OF FRI�LEY RELATING MOTION by Councilman Fitzpatrick to�waive the reading and adopt the ordinance on first reading. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 23, 1976: NANCY MELBIE, SPECTAL USE PERMIT. SP The Public Works Director said this is a the operation of a child care cenier and the request. -07, 1346 MEA�OWMOORE DRI request for a Special Use Permit to allow � that the Planning Commission had approved Nancy Melbie, the petittoner, was present and said that she has the facilities to take care of the children. The fire inspect�on showed the home was tn good shape but that it would have to have two smoke detectors, and she will be getttng them very soon. MOTIOPJ by Counctlman Starwalt to concur with the Planning Comm�ssion and approve the Special Use Perm�t. Seconded by Councilwoman Kukowski, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously THE REGULAR MEETING OF JULY 12, 1976 (PLANNING COMMISSION MINUTES CONTINUE�) PHILLIP WILLSON, SPECIAL USE PERMIT SP #76-08, 401 IRONTON STREET: PAGE 3 The Publ�c Works D�rector stated that the Spec�al Use Permit was to permit the convers�on of a one-fam�ly, two-story house to a two-family house, a double bungalow, and the Plann�ng Commission has recommended the change The remodeling � would require that all appropriate build�ng codes would have to be complied with, and the petitioner has indicated that he would design the house to comply with all of the codes. The petitioner is present. MOTION by Councilman Fitzpatrick that the Council concur �n the unan�mous recommenda- tion of the Planntng Comm�ssion and approve the Special Use Permit. Seconded by Councilwoman Kukowski, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 'S SUPERETTE. SPECIAL USE PERMIT SP �76-09, 6483 UNIVERSITY AVENUE The Public Works D�rector stated this was a request to allow an outdoor display of a hydroponic garden. As it presently exists on the premises �t is illegal. It was moved from another stte. He said that the petitioner felt that he could �ustify some expenditures for further improvements w�th add�t�onal commercial enterpr�ses on the site and suggested vartous landscaping measures such as sidewalks, bikeways, and landscaping. The Pu61�c Works Director said that there was a stipulation that in the event that the hydroponic system was displaced that the area be turned into an all-green area, and that the petitioner has taken out a bui7dtng permit. 4Jith respect to the trafftc problem of weaving around the median, the City could review the preliminary plans of the Minnesota Highway Department in con�unction with the improvement of the intersection. The Special Use Permit would be for a year � and would g�ve control to ensure that the sodding would be kept up, the shrubbery be trimmed, and the area generally maintained to have the corner esthetically pleasing. Councilman Hamerm k said that the petttioner's remodeling and building has been a definite asset to the corner. MOTION by Counctlman Hamernik that the Counc�l concur w�th the recommendations of the Planning Commission and approve the request for the Special Use Permit with the stipulations regarding landscaping and build�ng modif�cations That �t be su6�ect to annual review by the staff, and that the boulevard area would be resodded and trees would be planted. Posts be installed in the bikeway to ensure no driving of vehicles through the area, and if the hydopo m c garden d�splay is erminated, the area would be completely sodded. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously. ROBERT SCHROER, STREET AND ALLEY VACATION SAV #,76-03, STREET EASEMENT IN EAST RANCH ESTATES 2nd AD�ITION. MOTION by Councilwoman Kukowski to set a public hearing on the matter on July 19, 1976 Seconded 6y Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouisly. YOUTH CENTER � The Public Works Director said that the Planning Commiss�on recommended the approval of the Youth Center based on a motion by the Commum ty �evelopment Comm�ssion. Mr. Ned Storla was present representing the Youth Pro�ect Comm�ttee A d�scussion ensued in which the various sltes for a Youth Center were discussed as to propriety and feas�bility. The sites discussed were the City Hall, the old l�brary and a 6uilding located at Locke Park. Councilman Starwalt mentioned that tn th�is proposal there is a dollar value being put into it 6y the City as to the space being used by the pro�ect, and that the users of the premises should plan to pay some reasonable fee, perhaps in the form of membership dues. �' REGULAR MEETING OF JULY 12, 1976 (PLANNING COMMISSION MINUTES CONTINUED) PAGE 4 Councilman F�tzpatrick remarked that the motton as passed by the Planning Commiss�on was �n turn really a mot�on passed by the Community Development Commission, and would that be sufficient for the City administration to get something underway7 It provides for the creation of temporary board members w�th appointees from some of our subcommittees MOTION by Councilman Fitzpatrick to concur w�th the motion of the Plamm �g � Commission withsome changes. That this youth center should have a temporary board of directors consisting of six regular members and two ex-off�cio members. Regular members shall be appointed by the following groups. One by the Fridley City Counc�l, one by the Fr�dley P7anning Comm�ssion, one by the Fridley Human Resources Commission, and two 6y the Fr�dley Youth Pro,7ect Committee. One ex-offtcio member shall 6e appointed 6y the Fridley City Council and one by the Fridley Police Department. The temporary board of d�rectors should serve for not more than thirty days during which time they w�ll wr�te the charter, establish the interim rules for the youth center and facilitate the election for regular members to the permanent board. The appointed ex-officio members will also serve on the permanent board, and it will be approved by the City Counctl. Admi m strattvely, the youth center will be under the auspices of the Parks and Recreation Department who will assign staff to super- vtse and carry out the gu�delines established by the board of dtrectors and approved hy the Parks and Recreation Director Further that the Ctty guarantee the use of the warm�ng house within 30 days after acceptance of the charter as a tean center. Also that a time l�mit of one month be set for each commission to appoint a person to the temporary board of d�rectors. If a commission does not make their appo�ntment w�thin the one-month period, then the YPC has the right to appoint a person to fill that position on the temporary board of directors. Further, that the temporary board of directors consist of an ex-officio Parks and Recreation Commission member or their designate. The motion was seconded by Councilwoman Kukowski. Further d�scuss�on ensured concerning possible financing of the Pro,7ect in the future and where the Youth Center could be housed if it were to be moved, how � it could be handled at staff level MOTION by Councilman Hamernik to amend the motion to state that upon the establish- ment of the charter that the board of directors submit the charter to the Parks and Recreation Commission and upon their discretion to bring it before the City Council for approval. THE VOTE UPON THE AMENDMENT was a voice vote, all voting aye, Mayor Nee declared the motion to amend carried unanimously. THE VOTE UPON THE MDTION AS AMEN�ED was a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. GHJ CONSTRUCTION COMPANY. LOT SPLIT L.S. #76-05, HILLWIND ROA� & I.694: The Public Works Director stated that this is a request to split a lot into three building sites to allow a home to be built on one of them, the construction of an R-1 single fam�ly type of dwelling. The property after a split would be in compliance with the existtng codes, and there are sewer and water facilit�es to the proposed lots. Mr. Sobiech further stated that the lots would 6e sub,7ect to raodway easements, and that a noise a6atement barrier would be forthcoming. Representatives of the construction company were present � MOTION by Councilman Starwalt to ccsn�ur with the Planning Commission recommendat�on and approve the lot split. Seconded by Councilwoman Kukowsk�, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE-EVALUATION OF STREET LAYOUT NEAR NORTH PARK, The Public bJorks Director stated that the C�ty should not relinquish any right-of-way, and Ironton could be posted for no truck driving. Counc�lman Fitzpatrick said that there are many and varied considerat�ons to 6e applied to the overall cons�deration. We have the whole street pattern in the larger REGULAR MEETING OF JULY 12, 1476 (PLANNING COMMISSION MINUTES CONTINUED) PAGE 5 area and the considerat�ons are different in dtfferent parts of it. The recommenda- tion is to make no change and for the most part nobody has asked us to make a change. Councilman Fttzpatrick said that in reading all of the minutes, he has the �mpres- sion that in considering this petition, they looked as the street pattern on a much larger area, and he d�d not feel this pet�tion was actually responded to � Councilman Hamernik said that his interpretation was that the petition would affect these other areas and that if we honored the petition we would have to consider doing someth�ng with the other areas such as the extension of 83rd across the tracks. Counctlman Fitzpatrick said that the petitton was h�ghly specific on some things and it does not impinge on the whole pattern in the area. He has no trouble supporting the recommendation of the Planning Commisston at this point. He stated that hts reservation is that he did not get the feeling from reading the minutes of the Planning Comm�ssion that they were agreeing themselves as to these requests Councilman Starwalt said that he was also confused on �t After some further discussion, Mayor Nee declared a recess 9 52 P.M to 10:10 P.M.) Mayor Nee called the Council back into session at 10.10 P.M. (Recess taken from The City Manager stated that the concern of the people on Ironton Street regarding the trafftc is valtd, and the question �s how can we minimize industr�al traffic on restdential streets. There is need to address ourselves to the request and come back for some intermediate solutions. MOTION by Councilman Fitzpatr�ck that the administrat�on further cons�der the means of mtnimizing or eliminating industrial traff�c on Ironton and at a later time come � 6ack with a proposal Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. STANDARDIZED STREET WIDTHS• � MOTION by Counc�lwoman Kukowsk� to concur in the recommendation of the Planning Commission. Seconded 6y Councilman Starwalt. After d�scuss�on the motion was withdrawn. MOTION by Counc�lman Fitzpatrick, seconded by Councilwoman Kukowski, that the staff do additional study and develop a resolution to return to the C�ty Council on standard policy Upon a voice vote, all voting a�re, Mayor Nee declared the motion carried unanimously. ING P G CHANGE IN "NO PARKING" SIGNS DN 7TH MOTIDN by Counctlman Hamer m k to receive Petition �12-1976 and d�rect staff to work with the Ward Councilman to put up approprtate no parking s�gns, either "No Parking 6- 8 Monday-Thursday" or "No Parking Weekdays" Seconded by Councilwoman Kukowski, and upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried una m mously. RECEIVING PETITION �13-1976 REQUESTING A°FOUR WAY STOP" SIGN AT THE INTERSECTION OF GARDENA AND STINSON BOULEVARD. MOTION by Councilwoman Kukowski to receive the petition and direct staff to prepare a recommendat�on tn cooperation with New Brighton. Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously I AT FEES CHER FACIL MOTION by Councilwoman Kukowsk� to grant the request and waive the C�ty inspection fees. Seconded by Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. �� '� REGULAR MEETING OF JULY 12, 1976 CDNSIDERATION OF PRELIMINARY APPLICATIONS FOR LAWCON FUND PAGE 6 The City Manager outlined the options under th�s plan, and considerable discussion ensued regarding applications for funding for Riverview Heights Park and the bikeway/ walkway system MOTION by Counc�lman Hamerntk to approve subm�ssion of the prelim�nary appl�cations for LAWCON funding for the bikeway/walkway system. Seconded 6y Councilwoman � Kukowski, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF CONTRACT WITH METROPOLITAN COUNCIL PERTAINING TO SECTION 8 FUNDING. The City Manager stated that instead of the Metropolitan Council running the whole operation, there is a feeling that the matter could be better run on the local level. We feel that we can do the ,7ob and because we will be reimbursed, there is no cost to the community Hopefully, we can do a better �06 than the Metropolitan Council. It would be option two of the three presented MDTION by Councilman F�tzpatrick that the contract emphasizing local staffing (Option No 2) be executed. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. GDNSIDERATION OF SETTLENIENT OF LAWSUIT - MARY MARTIN VS CITY OF FRIDLEY: The Public Works Director stated that we did offer, and we are offering by the release, to go in there and make sure that there is the proper backf�ll, et cetera, to prohibit further erosion. The City Attorney stated that from a practical standpotnt, it �s a good solution to the lawsuit, and from an economic standpoint it certainly �s a good solut�on. He went on to explain the legal ramiFications on other alternat�ves and how the settlement ' arrangements worked and the City's part in each MOTION 6y Councilman Fttzpatrick to approve the settlement of the lawsuit. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLUTION N0. 59-1976 AUTHORIZING AN� DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 21, BLOCK 17, AND LOT 22, BLOCK 17, FRI�LEY PARK: MOTION by Go'uncilwoman Kukowski to adopt Resolution No. 59-1976. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor IVee declared the motion carried unanimously. CONSIDERATION OF RESOWTION NO 60-1976 AUTHORIZING AND �IRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON S. 34' OF LOT 7, AND N%2 OF LOT 8, BLOCK 4, SHAFFER'S SUB. #1: MOTION by Councilman Starwalt to adopt Resolution No. 60-1976. Seconded by Councilwoman Kukowski, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mous7y. ► ESS ORIZ ING THE SPLITTING OF MOTION by Councilwoman Kukowski to adopt Resolution No. 61-1976. Seconded by Council- man Hamernik, and upon a vo�ce vote, all voting aye, Mayor Nee declared the motion � carried unannnously. APP�INTMENT. GITY E61PL�YEE: MOTION by Councilman Hamernik to concur in the appo�ntment of the Park and Recreatton Director as follows: NAME POSITION Charles A. Boudreau Director of 6540 Geor9ia Ave. No. Parks and Brooklyn Park, Mn. Recreation 55428 SALARY EFFECTIVE �ATE $19,300 July 13, 1976 per year REPLACES Paul Brown � � REGULAR MEETING OF �ULY 12, 1976 PAGE 7 The motion was seconded by Councilman Fitzpatrick. Councilwoman Kukowskt moved to table the matter. Discussion ensured and Mayor Nee remarked that the charter allows the City Manager to select employees, and the appointee's credentials are outstanding Counctlwoman Kukowski replied that we have on our staff a person whose credent�als are equally as good. Councilman Hamernik said he would move to concur w�th the Mayor's statement, and to support the City Manager's recommendation and to commend him for a,7ob well done He has labored long and hard and has the �nterest of the C�ty at heart Councilman Starwalt said he was tmpressed with the credentials and would 6e in favor of the appolntmeni. Councilwoman Kukowski stated that she had vrorked wlth Dan Huff, Naturaltst/Resource Coordinator, in the commun�ty schools and has watched him work with all kinds of groups. She also read a brtef inemorandum concerning her opinon �n the matter. Councrlwoman Kukowski concluded w�th saying she cannot vote favorably on the matter. THE VOTE upon the motion was a votce vote, Counc�lman Starwalt voting aye, Councilman Hamerm k voting aye, Councilman Fitzpatr�ck voting aye, Councilman Kukowski vot�ng nay, Mayor Nee voting aye. Mayor Nee declared the motion to appoint Charles Boudreau carried by a four to one vote. Mayor Nee introduced Charles Boudreau, and upon the Mayor's request, Mr Boudreau briefly outlined his academic and professional career. CLAIMS: MOTION by Councilwoman Kukowski to pay the claims as presented Seconded by Council- man Starwalt. Upon a voice vote, all vottng aye, P1ayor Nee declared the mot�on carried unantmously. LICENSES: MOTION by Councilman Starwalt to approve the licenses as submitted and as on file in the City Clerk's office. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ESTIMATES: MOTION BY Councilman Kukowski, seconded by Councilma Namernik, to approve the following estimates for payment: N.�.H. Asphalt Company, Inc. 5400 N.W. Industry Avenue Anoka, Minnesota 55303 PARTIAL Estimate #2 on Street Improvement Pro,7ect ST. 1976-1 Smith, �uster, Fetkema Builders Exchange Building Minneapolis, M�nnesota 55402 For services rendered by Carl Newquist as Prosecutor for the month of June, 7976 $98,815.91 $ 1,612.84 Upon a votce vote, all vot�ng aye, Mayor Nee declared the motion carr�ed unan�mously. �CONSI�ERATION OF APPROVAL OF HOUSE TRAILE CENTRAL A1IENUE N.E. STORAGE ONLY)� BY DANI MOTION by Councilman Starwalt to approve the application for the house trailer Seconded by Councilwoman Kukowski, and upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. BOY SCOUT POSTER THANK YOU MOTION by Councilman Fitzpatrick to recieve the poster signed by all the Boy Scouts thanking the City Counc�l. Seconded by Councilman Hamerm k, and upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unan�mously. The poster is to be hung downsta�rs in the Parks Department � REGULAR CDUNCIL MEETING OF JULY 12, 1976 RECEI�ING RESIGNATION. CABLE TELEVISION COMMSSION PAGE 8 MOTION by Counc�lman Hamernik to receive the resignation of Nancy Wrubel from the Cable Telev�sion Gommission. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed ADJOURN: MOTION by Counc�lwoman Kukowski to ad�ourn the regular council meettng of July 12, � 1976 Seconded by Councilman Hamernik, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously, and the meeting ad�ourned at 11:55 P M. Respectfully submitted, �ohn Chegwyn Counctl Secretary Approved: �/�/o�%(O -, V � '�K''^0�- William ,l. N rG� Mayor � �