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10/18/1976 - 00014702� LJ � �i u THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL DF OCTOBER 18, 1976 The Public Hearing Meetinq of the Fridley Ctty Counc�l of October 18, 1976, was callad to order at 7 4? p.m by Mayor Nee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and the audtence in sa�nnq the Pledne of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA Mayor Nee, Councilman Hamernik, Councilwoman Kukowsk�, Councilman Starwalt, and Counctlman Fitzpatrick None MOTION by Councilman Hamernik to adopt the aqenda with the add�tions of the considerat�on of a request by Mr Ed W11mes, 6350 R�verv�ew Terrace, for reward s�gns to be posted at the Islands of Peace, and considerat�on of the first readinq of an ordinance for a vacation request by Assurance Manufacturrna. Seconded by Councilwoman Kukowski Upon a voice vote, all vottnq aye, Mayor Nee declared the mot�on carr�ed unan�mously PUBLIC HEARINGS: PUBLIC HEARING ON PROPOSED CHARTER CHANGE� MOTION by Counc�lman Fitzpatrtck to waive the read�nq of the Public Hearrng notice and open the Pub11c Hear�ng. Seconded 6y Counctlwoman Kukowsk�. Upon a voice vote, ali votinq aye, Mayor Nee declared the motion carried unanimously and the Public Hearina opened at 7�44 p.m Mayor Nee stated that there was add�ttonal new lannuage to the Charter reqarding the requirements of the C�ty Clerk rnsofar as determim nq the valid�ty of siqnatures on petitions and Voter Reqtstration Cards and the reasonable effort made to contact the person(s) in quest�on who sianed such petit�ons P1ayor Nee then proceeded to quote the added language wh�ch is tn Section 5.03 of the Charter as follows• "The city clerk shall be responsible for determininq the validtty of siqnatures If it is obvious the stgnature on the petitton is the siqnature of the person on the Voter Req�strat7on Card with whtch the signature is compared, the siqnature shall be counted as a valid signature, notwithstanding the fact that the person may have siqned the petition in a different matter when they signed the Voter Reqistratton Card 6efore discardinq a siqnature, a reasonable effort shall be made to contact the person(s) in quest�on to determine i{, in fact, they did sign the petition " Mayor Nee then asked if there wa5 anyone who wished to comment on the proposed added language and there was no response except frc�m Councilman Starwalt who for thz benef�t of the audience, stated that the proposal had be�n reviewed extens�vely by the Council and the Charter Commisston and all were in agreeinent that the added languaqe was very reasonable and straight-forward. MOTION by Councilman Fitzpatrick to close the Public Hearinq Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the Public Hearing closed at 7 47 p m PUBLIC HEARiNG ON STREET AND ALLEY UACATIQN SAV �'76-�5 BY ASSURANGE MANUFACTURI COMPANY, 7753 BEECH STREET, UACATION OF UTILITY AND �RAINAGE EASEMENT MOTION by Councilman Hamerm k to waive the readtnq of the Public Hearinq notice and open the Public Hearing. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously and the Public Hearinq opened at 7:48 p m. �'L 1 PUBLIC HEARING MEETIPlG OF OCT06ER 18, 1976 PAGE 2 "1i°. Uick Sobiech, Public Works Director, proceeded to d�scuss the matter stating that this was a request to vacate a certain portion of drainaqe and utility easement in a vacated alley located between Elm and Seech Streets The vacation is requested to allow the ac'�acent property owners, Assurance Manufacturinq Company, to expand their facility and, �n fact, their manufacturinq operation Mr Sobtech further stated that the Planning Co��m�ssion held a Public Hearinq on the matter and based on such hearinq, did recommend to Council approval of the vacation request with the stipulation that certain drainage easements 6e provided south of the existing property to allow for any drainage to � the ad,7acent streets The ut�lity companies were also notified and they advtsed that they had no ob�ect�ons to the requested vacat�on P1r. �allas Anderson, representative from Assurance Manufacturing was present and stated that they would like to get started P10TION by Councilman Fitzpatrick to close the Public Hearinq Seconded 6y Counc�lwoman I;ukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan;mously and the Public Hearinq closed at 7 56 p.m P1�y�r fdee then stated that the approval for the adoptton of the first reading of the ordinance for the vacation request would be added later in the agenda and that it was not necessary for Mr. Anderson to 6e present and thanked him for attending the hearing OLD f3USINESS ONSIDERATIDPJ OF A REQUEST FOR FUN�S TO SUPPORT THE NORTH SUBURBAN FAPIILY SERVICE P1ayor fJee made re�erence to a letter received from Mayor George � White, City of Coon Rapids, whereby he stated that the total anticipated def�cit for 1977 would be $" 3QQ, as a resu]t o` the usage by the residents of Fridley at the North Suburban Family Service Ceni.er Councilman Fitzpatrick stated that accordinq to the letter, the feeling �s that the City owes $1,4D0 in one service and $900 for the Nucleus � Clinic which he felt very stron�ly about contr�butinq to. Councilman Fitzpatrick also stated that he believed the Nucleus Clinic was not a duplicated service in any sense and ap�arently the people who use such services do not have another source to use Ne further commented that the other servtces deserve support too, however, the total amoiant available for such privileqes was not very qreat. Co��ncil�ioman 1'ukowski stated that she had attended the open house on October lOth and wes vcry �mpressed with the work the Center has been doinq, however, she would l�ke tn see the contribution of $1,D00 donated without any specific desiqnatton. Councilman Starwalt stated that he had some qualms about the City becominq involved in public h�alth fields. He further made reference to a paragraph in the letter which asks the C�Ly of Fridley to cover the antic�pated deficit in 1977 and any future years. Councilman Starwalt stated that he would like to have �t ac�reed thai this be for 1977 and the City of Coon Rapids stand on their own thereafter as he would not want t!��s to be a continuinq comm�tment Counci7man Fitzpatrick stated that he belteved ilie request will cont�ne as long as the citizens of Fridley cont7nue to use the services. ��ounc�lman Hamern�k then commented that he discussed the situation with several people �n the commu m ty and the reaction he received was somewhat along the lines of Councilman F�t�patr�ck — that the Nucleus Cltnic provides a service that the City of Fridley daes not prov�de and recommended that th�s service 6e ava�lable for people who want or need the ser�nce and he had no ob,7ectton to the contribution of $1,000. P;OTIGfJ by Councilman Fitzpatr�ck to contribute 51,000 without desiqnation to the North Subur6an Fam�ly Serv�ce Center. Seconded by Counctlwoman Kukowski Unon a vo�ce vote, all voting aye, P4ayor Nee declared the motion carried unam mously. P1R ED WILME6 REWARD SIGNS FOR PDSTING AT ISLANDS OF PEACE Mr Ed W�lmes, 6350 Riverview Terrace, addressed the Counc�l reoardinq his proposal for reward signs for the Islands of Peace. Mr ',�lilmes stated that with all the time, funds and efforts that have gone into the Islands of Peace, he proposed signs be posted offering a reward for any information leadinq to the arrest or conviction of anyone destroy�ng property of the Islands of Peace in a approximate amount of $100 If, however, the City could not undertake the ent�re amount, Mr. Wilmes stated that there would be an orga m zation wh�ch would undertake this if the City would be willing to match the reward � n,� PUBLIC HEARING MEETING OF OCTOBER 18, 1976 PAGE 3 He further pointed out that he believed the entrance to the Islands of Peace should be well lighted, and it was time to ask the public to cooperate �n any way possible to prevent the threat of vandalism from happeninq. Councilman Starwalt stated that he understood Mr Wilmes' viewpoint, however, whether a reward would 6e the best type of inethod to achieve th�s, he could not fully agree He further pointed out that there were people reviewinq the sign ordinance There is some �sign psychology and sometimes signs turn certa�n individuals to destruction. Council- man Starwalt stated that he would like to encouraqe this be qiven to Staff and perhaps for the Parks and Recreation Department to review the matter and be brought back to the City Council at the earltest opportum ty with something that everyone could agree on. Mayor Nee stated that if it is feasible, it miqht be worthwhilein all of the parks He further commented that the matter would be discussed again when the City Council has received some feedback from Mr. Chuck Boudreau, Parks and Recreation D�rector NEW BUSINESS CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING 7HE CITY CHARTER OF THE CITY Mayor Nee indicated he thought they had already had the first reading of this ordinance Mr Marvrn Brunsell, Finance Director, said that the consideration of the ordinance previous7y included everything except the item the Public Hearrng was held on this evem ng. Mayor Nee said that maybe this item can be added onto the previous consideration of the ordinance as an amendment and we can hold the second reading of the ordinance as amended. Mr. Qureshi, City Manager, said that we checked with the City Attorney's office and the thought was that, even though it was not too su6stantive a chanqe in the Charter, it might be better to consider it as a ftrst readrng, including all chanqes, and hold the second reading next Monday at the next Counc�l meeting, so as to avoid the rais�ng of any questions of improper adopt�on of the Charter amendments �Mayor Nee said there was a section on resolv�ng in the case of an �nconsistency between two i m tiated ordinances, and from his po�nt of view, he withdrew his ob,7ection to it. He said it is still the same problem -- his problem with it has;n't changed, but his view of whether or not it �s serious has changed He said he could not convince members of the Charter Commission of his point of view He said that at least for his part of it, he agreed to vote for the language as suqgested by the Charter Commission MOTION 6y Councilman Fitzpatrtck to waive the first readinq and adopt the first read�nn of the ordinance. Seconded by Councilman Starwalt Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 6, 1976 INNSBRUCK NORTH REPLAT 3RD A�D., P.S. #76-05• MOTION by Councilman Starwa1t to set a public hearing for December 13, 1976 Seconded by Counc�lman Fitzpatrtck Upon a vo�ce vote, all voting aye, Mayor Nee declared the motton carried unanimously INNSBRUCK UILLAGES SECOND ADDITION, P.S #76-10: MOTION by Councilman Starwalt to set a public hearing for December 13, 1976 Seconded by Councilman Fitzpatrick Upon a voice vote, all votinq aye, Mayor PJee declared the motton carrted unanimously, �DELIER ADDITION, P 5. #7F-09 MOTION by Councilman Starwalt to set a public hearina for December 13, 1976 Seconded by Councilwoman Kukowski. Upon a voice vote, ali votinn aye, Mayor Nee declared the motion carried unam mously h?s�;? PUBLIC HEARING P9EETING OF OCTOBER 18, 197F PER LOT SPLIT REOUEST, L S. �76-08, 5�1 RICE CREEK BOULEVARD: PAGE �4 Mr. Sobiech proceeded to discuss tiie mattzr statino that this was a request for a lot spl�t to split off certain parcels of proper±y ad�acent to the sub�ect property located at 501 Rice Creek Boulevard. The request is beinq made by ±he petitioner in order to make greater use of the ad,7acent property P9rs Kenneth Gasper was present and Mayor Nee asked C�uncil if anyone had any ouestions, and there were none However, P1r Virqii Herrick, City Atiorney, asked Mrs. Gasper if there was � qo�nq to be an exchanqe of deeds and she responded that there was. MOTION by Councilman Hamernik to approve the lot split as requested. Seconded by Councilwoman Kukowskt Upon a voice vate, all votinn aye, Playor fJee declared the motion carr�ed unan�mousl,y. BENEDICT NOVAK LOT SPLIT REQUEST, L S. #76-09, 145 71z WAY N.E MDTION by Councilman F�tzpatrick to appro�ie the lot split as requested Seconded by Councilman Starwa�t Upon a vo�ce vote, all votina aye, Mayor Nee declared the mot�on carried unanimously. STREET IP1PROVEMENT PROJECT ST 1975-3 (EAST RIVER ROAD Maycr Nee asked if there was anyone present to discuss the matter and Mr. P9ike Paripovich, Member of the Fridley Environmental Ouality Commiss�on, 82Q0 East River Road, addressed the City Council, He stated that the purpose of asking for a mora±ortum was simply that there was not enounh information at this point to even aqree on what is be�nq arm�ed. Also, more informat�on is needed from some federal anencies requirinq no�se levels and air pollution levels surroundin9 residential dwellinas and the purpose of the moratorium is to enab1e P1r. Paripovich to �et this information toaether. Two years ago, the County Engineers had no �lan to show h�m and now they are ready � to po ahead w7th a four or five hundred thousand dollar pro,7ect,and there is a good deal of resentment on the part of the people who live in the sub,7ect area. He further pointed out that until his Committee can net a qood plan together, one that can test aga�nst federal standards and state and county hiqhway standards as tYiey ex�st, and until several stud�es can be made, he and his Committee do not feel the City should go ahead and spend four or five hundl°ed thousand dollars. Co�ncilman Starwalt then proceeded to ask Mr. Paripovich �n reqard to his concern over the no�se levels and pollution levels alonn East River Road, why wasn"t he concerned a6out Hiahway 65 and University for the same reasons Mr. Paripov�ch stated th�t he was concerned and that this was a matter that could be discussed in future pro,7ects. Hewever, hts Pro�ect Committee was set up te study East River Road. CouncTlman Starwalt asked, assuminR the noise and pollution fumes are more than the people desire, what P1r Paripovich Fr000sed te do about the whole three areas and all the traffic th�t enters there. P1r. Paripovich then referred to the East River Road Pro,7ect Comm�ttee report and as pointed out, the Minnesota Hicihway Department study showed that there will be appa�ox�mately 9,000 cars per day on East River Road, This study �s based on the comp7etTOn of the Georgetown area He further stated that he believed it would be in order for the City of Fridley to seek some relief from the traffic pressures the City has Councilman Starwalt stated that it .�.as his position that, as nice as �t would be for East River Road, he believed the burden would 6e put elsewhere and he felt � that th�s is simply a problem that all would have to live w�th P1r Paripovich responded that the peonle who 7tve between �9isstssippi a�d Georaetown recagm ze th�s fact and were simpl� askinq that the�r share of the �roblem not be increased. "7r. Snbiech pointed out that althou�h an �mprovement should be made, basical7y the only prohlem the Pro�ect Committee and the County and C�ty Staff differ on is the Comm�ttee's proposal for a two lane roadway with medians and shoulders as �pposed to the Crty and County's proposal for a four lane roadway w�th medtans and shoulders. �he medians and shoulders are proposed to provide safe access for the ad�acent ne�9hborhood to aet on and off East River Road MOTION by Counci7man Fitzpa±rick to approve the moratorium w�th a thtrty day t�me lim�t. Seconded by Councilweman Kukowski. Upon a vo�ce vote, Counci1members Fitzpatr�ck, Kukowski and Ma��or i�ee votina ave, Councilmembers Starwalt and Hamerm k vottn� nay, P1ayor Nee declared the motion carrled three to two. � ' 1 PUBLIC HEARING PIEETING OF OCTOBER 18, 1976 PAGE 5 Mr. Nasim Qureshi, City Manager, then proceeded to reiterate for the purpose of clartfication and to gtve some backqround and reasoninq on the East River Road pro,7ect He further stated that East River Road has been a four lane road for over twenty years, thereby being a four lane road before a number of the houses were built in Fridley. Basically, the interest of the City has been to t�y to control the traffic on East River Road and make it easier for local traff�c to qet on and off the roadway safely. Ne further pointed out that presently, the plan has been approved to be funded by a federal grant and tf the City is ever qoinq to do any improvement on East River Road, this would be the right time as the Citv could use federal funds to do the pro,7ect rather than the local taxpayers having to pay for the pro,7ect He further stated that the chance of losrna the federal qrant could happen if the pro�ect is delayed. Also, if there are any leqal requirements to be met, such as environ- mental impact study, it should be done APPEALS COMMISSION MIPJUTES FOR MEETING OF SEPTEMEER 18, 1976� R. TOMCZAK, 999 DVERTON DRIVE N E Mr. Sob�ech stated that this was a request by the petitioner at 999 Overton Drive for a variance, first, to allow reducing the front yard, and second, to allow a variatton from the 4' fence requtrement m the front yard to a 6' fence as required by the Swimming Pool Ordinance. He also stated that the Appeals Commtssion did deny the request 6y a 3 to 1 vote. Mr. and Mrs Tomczak were present and Mr. Sobiech asked them if they had reached any aqreement with the surroundtnq prooerty owners. Mr. Tomczak replied that they had aqreed at the Appeals Comm�sslon meet�nq to go along with their request `or a sw�mminq pool Councilman Hamerntk stated that he spoke with several of Mr. Tomczak's neighbors and although they did not ob�ect per se, they were, however, concerned about the safety aspects of putting somethinq that close to the boulevard He further pointed out that the Appeals Commission did have a similar type request which they did pass without Council input, and there have been some problems with that, and the encroachment on the boulevard was not to the extent as that be�nq d�scussed now Councilman Hamer m k further added that he talked to Mr Ault and that Mr. Ault indicated to him that he did not want to be the one to block this request, however, he felt there was a concern which was the City's responsibility; that being the site situation of puttinq somethinq which is essentially in a front yard along the street Counctlman Hamerm k expressed his concern about allowing something itke this 6ecause there is a considerable deviation from the plan of the area since the requtrement on somethinq like this is 35' Mrs. Tomczak responded that she fe1t this was very unfair and that this was the only place they could put in a pool. Councilman Hamerr,ik stated that he would not be in favor of approving the request at this time, but he would be open to tablinc� the matter for further dtscussion. Councilwoman Kukowski stated that she belteved th�s is someth�nq that is going to come up again and again and suggested that Council qet toqether for discussion on November 22nd. MOTION by Councilman Namer m k to table the matter �n order to formulate and discuss a pol�cy wtth the Appeals Commission. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, I�layor Nee decl�red the motton carried unanimously PACO, INC , 7760 BEECH STREET� Mayor Nee stated that the Appeals Commission recommended qranting one variance, but not the other variance Mr. Sobiech stated that this was a request by Paco P1asonry For a variance from butlding setback and property line set6ack in order to be allowed to construct a speculative warehouse He further stated that the petitioner was notified but was not in attendance and he did not know why he was not present. There also appeared to be some confuston regard�ng whtch plan the Appeals Commission was to look at. The petitloner had brouaht in one plan for his anplication, and at �',=', PUQLIC HEARING MEETING OF OCTOBER 18, 1976 PAGE 6 antlther t�me he'd brought in a revised one Fortunately the variance request was the same -- setback from a lot l�ne and setback from a building line The only problem �s that at the meet�nq, the Appeals Commission did not know which plan they were really looking at, and so they approved one variance and passed on the other without recommendation. The Appeals Commisston did recommend approval of a variance request to use the parkinq lot setback from 5' to 3' and they failed to make recommendation regarding the 5' setback from the property line. � Mr Sob�ech further commented that it was Staff's contention that the 5' setback requirement to the property lot line be maintained based on the concern they have for the future development of the block. He also believed that �n order to conttnue the development of an industrial nature, there will have to be side yard setbacks for this reason. Also, at this point in t�me, he would not want to get involved in the situation where there is a black top parkinq lot abutting proposed future buildrn�s In order to maintain this flexibility, �t was requested that the 5' be mainta�ned and that a reduction in the buildinq actually take place. Mr. Sob�ech also stated that the petitioner mentioned at the Appeals Commission meeting that it would be a hardship in that he would not inaintain hts 40% lot coverage MOTION by Councilman Hamernik to concur with the Aopeals Commission to allow off-street parking within 3' of the matn building antl deny the request for reduction in setback for a parkinq lot from a property line. Seconded by Counc�lwoman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. RESOLl1TI0N N0. 110-1976 - RECEIVING THE PRELIP1INARY REPORT AND CALLIPJG A PUBLIC HEARING MOTION by Councilman Starwalt to adop± Resolution No. 110-1976 Seconded by Council- woman Kukowski. Upon a voice vote, all votin� aye, Mayor Nee declared the mot�on carried unanimously. CLAIMS. MOTION by Councilwoman Kukowski to pay the Claim No's. 17189 - 17407 Seconded by Counctlman Starwalt Upon a voice vote, all votinq aye, Mayor Nee declared the mot�on carr�ed unanimously. CONSIDERATION OF FIRST READING OF AN ORDTNANCE FOR STR,EET AN� ALLEY VACATIDN, ASSURANCE �14NUFACTURING CO , 7753 BEECH 'ST�EET: MOTION by Councilman Hamerm k to waive the read�ng and adopt the first reading of an ordinance to grant the drainage and utility easementi vacation request SAV �76-05 for Assurance Manufacturing Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the mot�on carrind unanimously ADJOURNMEPlT � MOTIOPI Ly Councilwoman Kukowski to ad�ourn the meeting. Seconded by Counctlman Starwalt. Upon a vo�ce vote, all voting aye, Mayor PJee declared the motion carried unam mously and the Public f;4arinq Meet�ng of the Fridley City Counc7l of October 18, 1976 ad,7ourned at 10•45 p m. Respectfully subm�tted, ( � / :����� �� y��„� Dorothy C. Green Secretary to the City Council Approved /f fS-%�o Wtlliam J. Nee Mayor �