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03/14/1977 - 00014584� LJ THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL DF MARCH 14, 1977 The Public Hear�ng Meeting of the Fridley City Council of March 14, 1977 was called to order at 7.43 p.m. by Mayor Nee PLEDGE Of ALLEGIANCE• Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag ROLL CaLL: MEMBERS PRESEN7 MEMBERS ABSENT ADOPTION OF AGENDA� Mayor Nee, Councilwoman Kukowsk�, Counc�lman Schneider, Councilman Hamernik and Councilman Fitzpatrick None Councilwoman Kukowski requested two items be added to the agenda Under "New Business," "Appointment of Council Representative to Serve on the Fridley Forum Committee" and under "Old Business," "Consideration of Variance Request by 6erkeley Pump " Mayor Nee requested an item be added under "New Business," "Appo�ntment of Counc�l Representattve to �istrict #14 Communtty School kdvisory Council " MOTI�N by Councilman Hamerm k to adopt the agenda as amended Seconded by Council- woman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unam mously. PUBLIC HEARINGS PUBLIC HEARING ON FINAL PLAT SU6DIVISION P S. �76-12, TARGET A��ITION, BY POP SHOPPES L MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Heartng. Seconded by Council Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously and the Public Hear�ing opened at 7:45 p.m. Mr. Dick Sobiech, Pu61ic Works Director, explained the location of this proposed plat, qeneraliy located South of I-694, West of Highway 65, North of 53rd Avenue N E. and East of the Target parking lot The proposal is to dtvide the property into three lots and the larger lot on the North side of the property was proposed for Pop Shoppes of America. The plat does not have public right-of-way and access to the area would be through private easement. Mr. Sobiech stated the Plamm �g Commission recommended approval with the understanding there would be a completed access roadway system with concrete curbing designated �n the area. He further stated together with the access road the Target parking is also to be completed w�th concrete curb, landscaping provided. The petitioner has asked the concrete curbing be waived on the two lots not now �scheduled for development unttl development takes place However, Mr. Sobiech stated Staff suggests that the concrete curb be installed with the Pop Shoppe development immedtately and a bond be posted for completion of the balance of the curbing and landscaping within a two year period. Mr. Sobiech then reviewed the improvements proposed for Highway 65 and 53rd Avenue and stated the Htghway Department hopes to begin construction this year. Mayor Nee stated he has received commum cations regarding th�s plat from the law firm representing the Embers Restaurant and requested these be received. MOTION by Councilman Fitzpatrick to receive the communicat�ons from the Embers law firm, Mason, Kaplan, Edelman, Borman, Brand, and McNulty dated March 8, 1977. Seconded by Counc�lman Hamernik. Upon a vo�ce vote, all voting aye, i4ayor Nee declared the motion carried unam mously i� � PUBLIC HEARING MEETING OF MARCH 14, 1977 PAGE 2 MOTION by Counc�lman Schneider to close the Public Hearing on the Final Plat, Subdivision P W. �76-12. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the Pub7ic Hearing closed at 7.51 p.m OLD BUSINESS RESOLUTION NO 26-1977 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND The City Manager, Mr Qureshi, stated Councilman Schneider has been workrng wtth residents in this area in attempting to solve some of the questions and problems wh�ch arose as the result of the public hearing. Mr. Quresh� stated an alternative is being submitted this eventng for the Council's consideration. This proposal would eliminate the street improvements on Lakeside Road and would provide for a cul-de-sac on 73z Avenue N.E. This would have the affect of reducing the assessments on some of the lots. Mr. Qureshi pointed out the cul-de-sac would be extended beyond the requirements of the C�ty Code, and a decision must be made by the City Council if they wlsh th�s allowed. Councilman Schne�der stated he has talked with property owners to the east of the proposed cul-de-sac and they have verbaiiy �ndicated they would be willing to sign an agreement that they had no intention of splitting their lots and do not want 73z Avenue N E. extended up to the�r property. He felt even though the cul-de-sac would be extended beyond the requirements of the Code, it would reduce the overall cost of the pro�ect. Mr. Quresht stated, if the Council wished to proceed on the extension of 73z Avenue N.E , �t would necessitate additional construction of water lines. Ms. Nancy Johnson, 7360 Stinson Boulevard N E, stated she agreed to the water lines going through their property, but there is a problem with the trees on the property. Mr. Qureshi advised the City would attempt to find a way to �nstall the lines with a m� m mum amount of damage Mr. Qureshi stated, if 731z Avenue N.E is extended with the cul-de-sac, the rtght-of-way to the east of this would be vacated, as residents have indicated they would sign the necessary documents eliminating the need of it. The developer, P4r LeTer, indicated he would be in favor of the pr000sal submitted thrs evem ng and understands it would be necessary to have the plat redrawn to conform. Ms. Eggert, 7351 Pinetree Lane N.E , felt the improvements were not benefiting their property and they should not have to pay for someone else to deveTop property. She stated thre would he no need for any of these improvements, if the property wasn't being developed She indicated she did not objectto the pro�ect, but felt the developer should pay the costs. Mayor Nee adv�sed Ms. Eggert this issue should be raised at the assessment hearing as it could be the Council's responsibility at that time to make a �udgement as to whether or not the improvements benefited her property. The City Attorney, Mr. Herrick, stated the assessment policy used by the City is common practice 7n the State of Minnesota and would advise P1s Eggert to present her facts and opim ons at the t�me of the assessment hearing. Councilman Hamern�k quest�oned if the deviation on the cul-de-sac was made and did not meet the requirements of the ordinance, if it would leave the City open for any liab�lity The City Flttorney indicated that argument could always be made, but it is probably very remote. Councilman Schneider stated he recognizes policies are important and should be followed, hut likewise feels there is a s�gnificantly greater benefit by reductng costs �� � � O 1 PUBLIC HEARING MEETING OF MRRCH 14, 1977 PAGE 3 to the residents. He also felt the exception regarding the cul-de-sac would not affect the safety of the development. He pointed out, however, the storm sewer assessmenis are unchanged with thts proposal. Councilman Schneider indicated he would move the adoption of the resolution for Alternate #,2 submitted this eve m ng, which ts the deletion of Lakeside Road. �MOTF�N by Councilman Schnelder to adopt Resolution No. 26-1977 using Alternate Assess- ment Roll #2 (deleting Lakeside Road) Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously IDERATION OF UARIANCE REOUEST - BERKELEY PUMP Counc�lwoman Kukowsk7 stated she has brought this matter back before the Council for their consideration, as she has met w�th the pet�t�oner, and felt they had a proposal which may be acceptable to the Council and would include the recommendation of the Plam m �g Commission. She stated Berkeley Pump would be agreeable to fencing a portion of Ashton Avenue N.E, that ts across from the�r proposed bu�lding. This would offer protection for persons Zn the park, as they would not have access onto Ashton Avenue. She further stated she contacted Industrial Spray, located north of Berkeley Pump, and they would be interested in extending the fencing She felt this proposal would eliminate the main traffic problem. Councilman F�tzpatrick felt by granting this variance, it would set a precedent He felt this area was meant for limited industrial, but to grant the variance would enlarge the business and encourage a heavier industrial use which the area could not sustain. He felt a hardship had not been demonstrated. Mr. Snead of Berkeley Pump indicated he has also met with the C�ty staff and the purpose of the addition is to have an efficient and functlonal butld�ng for their needs and they could not accomplish this, if the plans were changed. �Mr. Snead tnd�cated they would be will�ng to prov�de the fencing as outlined by Councilwoman Kukowski He further stated they could use 40� of their lot, wrthout requesting a variance, but the shape of the building they would end up with would not be practical for their operation. The City Attorney, P1r Herrtck, requested the Council not take action on the var�ance this eve m ng, but to table until next week as he would like the opportunity to meet with staff and obtain additional facts and information as to whether or not there is a legal pro6lem. MOTION by Counc�lman Fitzpatrick to table this variance request from Berkeley Pump to the next meeting on March 21, 1977 for a recommendat�on from the City staff Seconded by Councilwoman Kukowski Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. NEI�I BUSINESS: CONSIDERATION Df AN ORDINANCE ESTABLISHING CHAPTFR Mayor Nee requested under Section 505.06 a statement be added to the effect that the City make a reasonable effort to locate the owners of the licensed vehicles before they are sold at public auction. �Counc�lman Schneider felt the impounding fees should be changed, especialiy the amount charged for additional days of storage and perhaps there should be a 17mit on the tota7 amount. Under Section 505.08, it was suggested clarificat�on of bikeway/walkway paths, and possibly the*woril "routes" should be used Necessary changes in these part�cular sections will be made and contained in the ordinance when presented for second reading. MOTION by Councilman F�tzpatr�ck to waive the reading and approve the ordinance upon first reading Seconded by Councilman Hamerm k Upon a voice vote, al7 voting aye, Mayor Nee declared the motion carried unanimously. *as amended 4/4/77 � PUBLIC HEARING MEETING OF MARCH 14, 1977 CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS MOTIDN by Councilman Fitzoatrick to receive the letter of resignation from Mr. Bill Forster from the Community Development Commission. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously Mayor Nee opened the nominations for appointments to the P7anning Comm�ssion and Commum ty �evelopment Commission. MOTION by Councilman Hamer m k to nominate Mr. Herman Bergman, 5503 Regis Trail N.E , for re-appointment. Seconded 6y Councilwoman Kukowski. MOTION by Councilman Schneider to approve the re-appointment of Mr. Herman Bergman. Seconded by Councilman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carr�ed unan�mously. MOTION by Councilman Hamernik to nominate Mr. Charles Gooder, 7363 Memory Lane N E., for re-appointment Seconded by Councilman Schneider .,.. ,� MOTION by Councilwoman Kukowskt to cast a wh�te ballot for re-appointment of P1r Charles Gooder. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously MOTION by Councilman Fitzpatrick to nominate Mr. Alfred Gable, 5947 22 Street N.E., to fill the unexpired term of Mr. William Forster. Seconded by Councilwoman Kukowski. MOTION by Councilman Hamernik to nominate Mr. Dona7d Pullen, 6899 Madison Street N.E., Mot�on failed for lack of a second. MOTION by Councilman F�tzpatr�ck to cast a white ballot for appointment of Mr. Alfred Gable. Seconded by Counc�lman Schneider. Upon a voice vote, al] voting aye, Mayor Nee declared the motton carried una m mously Nominations were opened by Mayor Nee for appointments to the Parks and Recreation Comm;ss�on MOTION by Councilman Schneider to nominate Ms. Betty Mech, 1315 66th Avenue N E. Seconded by Councilwoman Kukowski. MOTION by Councilman Hamer m k to nominate Mr. �ave Harris, 470 Rice Creek Blvd Motion failed for lack of a second MOTION by Councilwoman Kukowsk� to nominate Ms. Rob�n Suhrbier, 5564 East Danube. Seconded by Counc�lman Schneider MOTION by Counc�lman Kukowski to nominate Ms. Barbara Reiland, 6068 Woody Lane. Seconded by Counc7lman F�tzpatr�ck MOTION by Council Kukowski to nominate Sharon Bakke, 59 Rice Creek Way. Seconded by Councilman Fitzpatrick MOTION �y Counc�lwoman Kukowski to nominate Mr Tom Nehring, 291 67th Avenue N.E. Seconded by Councilman Fitzpatrick. MOTION by Counci7woman Kukowski to nominate Mr. Clayton Storley, 414 Rice Creek Terrace. Seconded by Counc�lman Hamernik. MOTION by Councilman Fitzpatrick to nominate Mr. Larry Dobson, 1636 68th Avenue N.E Seconded by Councilwoman Kukowsk�. There being no further nominat�ons, Mayor Nee dec7ared the nominations closed The Counci7members rev�ewed the qualifications of the persons they had nominated The Council then cast their ballots for the candidates and Ms. Betty Mech, 1315 66th Avenue N.E. received the maiority of votes and was appointed to the Parks and Recreat�on Commission. � � � a PUBLIC HEARING MEETING OF MARCH 14, 1977 PAGE 5 Ballots were then cast by the Councilmembers for the second seat on the Parks and Recreation Commission. Ms Robin Suhrbier received the ma,7ority of votes and was appointed to the Parks and Recreation Commission. Nominations were opened 6y Mayor Nee for the appointment to the Appeals Commission. �MOTION by Councilwoman Kukowski to nominate P1r James Plemel, 6864 Channel Road N E for re-appointment Seconded by Councilman Schne�der. MOTION by Councilman Fitzpatrick to cast a white ballot for the re-appointment of Mr. James Plemel. Seconded by Councilman Hamerm k Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously Nominations were opened by Mayor Nee for appointments to the Environmental Quality Commission. MOTION by Councilwoman Kukowski to nominate P1r. Bruce Peterson, 7503 Tempo Terrace N.E. for re-appointment. Seconded by Councilman Schneider M�TI�N 6y Counctlwoman Kukowskt to cast a wh�te ballot for re-appointment of Mr Bruce Peterson. Seconded by Councilman Schneider. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously Mayor Nee stated Brother Thomas Sullivan requested he not be constdered for re-appointment MOTION by Councilman Fitzpatrick to nominate Ms Conm e Metcalf, 860 West Moore Lake Drive N.E. Seconded by Councilman Schneider. MOTTON by Councilman Hamernik io nominate Mr. G. Burt Weaver, 928 Rice Creek Terrace Seconded by Counc�lwoman Kukowski. MOTION by Councilman Hamernik to nominate Mr Ken Voss, 990 68th Avenue N.E Seconded by Councilman Schneider. MOTTON by Councilman Schnetder to nominate Mr. Larry Dobson, 1636 68th Avenue N.E. Seconded by Counc�lwoman Kukowski. MOTTON by Councilman Kukowski to nominate Mr Jerry Winslow, 6460 Squire �rive N.E Seconded by Councilman Fitzpatrick. There betng no further nomtnations, Mayor Nee declared the nominations closed The Counc�lmembers reviewed the qualifications of the persons they had nom�nated. Ballots were cast by the Councilmembers with Ms. Connie Metcalf, 860 West Moore Lake Drive N.E., receiving the ma,7ority of votes and was appointed to the Environmental Quality Commission Mayor Nee opened the nominations for appotntment to the first seat on the Human Resources Commission. MOTION by Councilman Fitzpatrick to nomtnate Mr. Harold Belqum, 191 Hartman Circle N.E for re-appointment Seconded by Councilman Schneider MOTION by Counc�lman Hamerm k to nom�nate Ms. Caryl Weaver, 928 R�ce Creek Terrace. �Seconded by Councilman Schneider. MOTION by Councilwoman Kukowski to nominate Ms. CarolynnQland�ng, 5653 Regis Trail Seconded by Councilman Hamernik. There being no further nom�nations, Mayor Nee declared the nominat�ons closed for the first seat on the Human Resources Commission. Ballots were cast by the Council with Mr. Narold Belgum receivinq the ma�ority of votes and he was re-appointed to the Human Resources Commission Nominations were then opened by Mayor Nee for the second seat on the Human Resources Commission. � 7 L ` PUBLIC HEARING MEETING OF MARCH 14, 1977 PAGE 6 MOTION by Councilman Schneider to nominate Ms. Grace Lynch, 580 54th Avenue N.E. for re-appointment. Seconded by Councilman Fitzpatrick. MOTION by Councilman Namernik to nom�nate Mr Dave Thiele, 7300 Tempo Terrace N.E Seconded by Counc�lwoman Kukowski. There being no further nominations, Mayor Nee declared the nomtnations closed for the second seat on the Human Resources Commission Ballots were cast by the Councilmembers and Ms. Grace Lynch received the ma�ority of votes and was re-appointed to the Human Resources Commission. Ma�ror Nee opened nominations for the appointment to the Cable Television Commission. The Mayor indicated Ms Barbara Hughes is not interested in re-appointment. MOiION by Councilwoman Kukowski to nominate Mr G. Burt Weaver, 928 Rice Creek Terrace. Seconded by Councilman Hamer m k There was a question as to whether Ms. Caroiynn BTanding was interested in being considered for appointment to this Commission and a recess was called by Mayor Nee in order that she could be contacted regarding her interest tn serv�ng on this Commiss�on RECESS Mayor Nee called a recess at 9 55 p.m. RECONVENED Mayor Nee reconvenad the meet�ng at 10•07 p.m All Councilmem6ers were present MOTION by Councilman Hamernik to nominate Ms. Carolynn B7anding, 5653 Regis Trail N E Seconded by Councilman Schneider. MOTION by Councilwoman Kukowsk� to nominate Mr. Virgil Nordgren, 175 Satellite Lane N E. Seconded by Councilman Fitzpatrick. There being no further nominations, Mayor Nee declared the nomtnations closed. Ballots were cast by the Councilmembers and Ms. Carolynn Blanding, 5653 Regis Trail N.E. rece�ved an una m mous vote and was appo�nted to the Cable Television Commission The appo�ntments to the Fridley Housing and Redevelopment Author�ty and to the Police Commission are made by the Mayor. Mayor Nee indicated he wished to re-appoint Mr. Russel Houck, 75D Overton Drive N E, to the Housing and Redevelopment Authority and re-appoint Ms. �ean Schell, 5198 St. Moritz Drive N E,to the Police Commission. MOTION by Counc�lman Fitzpatr�ck to concur with Mayor Nee's re-appointment of Mr Russel Houck to the Fridley Housinq and Redeveiopment Authority Commission Seconded by Councilman Schnetder Upon a voice vote, all votrng aye, Mayor Nee declared the motion carried una m mously. MOTION by Councilman Fitzpatr�ck to concur with Mayor Nee's re-appo�ntment of Ms, Jean Schell to the Police Commiss�on Seconded by Councilman Hamer m k. Upon a voice vote, all vot�nq aye, Mayor Nee declared the mot�on carried unanimously � ' Counc�lman Hamerm k recommendetl the City staff compile a list of everyone who has expressed an interest in serving on the City commissions and circulate these ]ists � to the Commissions,as these persons may also be interested in working on sub-committees. He also requested Ms. Jane Hayano's name be included, as she has expressed an interest in the sub-coirnmttees. MOTION by Councilman Fitzpatrick to direct Staff to send letters of appreciation and thanks to those persons who had expressed an interest in serving on the Commissions Seconded by Counc�lwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carr�ed unan�mously. � PUBLIC HEARING MEETING OF MARCH 14, 1977 Mayor Nee also requested the Staff prepare certtficates for those persons who had served on the Commissions for presentation by the Council. PAGE 7 APPOINTMENT OF COUNCIL REPRESENTATIUE TO DISTRICT #14 COMMUNITY SCHDOL ADVISORY COUNCIL• MOTION 6y Councilman Fitzpatrick to re-appoint Councilwoman Kukowsk� to another term on the Communtty School Advisory Council. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. APPOINTMEN7 OF COUNCIL REPRESENTATIVE TO DISTRICT #13• Councilman Fitzpatrick indicated his appointment to �istr�ct #13 would also be exptring and requested the Council consider the appointment at this time MOTION by Counctlman Kukowsk� to re-appoint Councilman Fitzpatrick as representative to District #13. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously CONSIDERATION OF EXECUTION OF CONSULTING ENGINEERING SERVICES AGREEMENT BETWEEN TNE Mr. Sobiech, Publ�c Works Director, stated it is understood by Hickok and Associates that wherever the City can provide assistance �n the Lake Restoration Study of Moore Lake, tt will reduce the overall pro�ect costs. He su9gested that his memo of March 9, 1977 to the City I�anager and correspondence from Hickok and Associates of March 4, 1977 be attached as addendums to the contract so that everyone is aware the City intends to prov�de some staff assistance. MOTION by Councilman Schne�der to authorize the Mayor and City Manager to execute the contract with Hickok and Associates for the Lake Restoration Study of Moore Lake with the addition, as addendums to the contracts, of Mr. Sobiech's memo of March 9, �1977 and the letter from Nickok and Associates dated March 4, 1977 Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously EIVING BI C EL TREE SP The follow�ng bids were rece�ved for the Trailer Model Tree Spade vermer Sales & Service Box A K West Salem, Wisc. 54669 Vermer Sales & Service 3750 W. Highway 13 Burnsville, Minn $10,889 00 $10,899.00 MOTION by Councilman Hamerm k to award the bid to Vermer Sales and Service of Burnsville, Minnesota based on the lack of a bid bond from Vermer Sales and Serv�ce of West Salem, WZSCOnsin; and the fact the City can receive immediate delivery from Vermer Sales and Service of Burnsville Seconded 6y Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unam mously RESOLUTION N0. 27-1977 - ADVERTISING FOR BTDS FOR A TRAILER MOUNTEti BRUSH CHIPPER• �Counc�lman Schne�der questioned the need for a brush chipper,wh�ch was explained by Mr. Qureshi, City Manager. MOTION by Cotmcilwoman Kukowski to adopt Resolution No. 27-1977 advertising for bids for a tratler mounted brush chipper Seconded 6y Counc�lman Hamernik Upon a voice vote> Counct7woman Kukowski, Councilman Hamernik, Mayor Nee and Councilman Fltzpatrick all voted aye. Gouncilman Schneider voted nay. Mayor Nee declared the motion carried by a vote of 4 to l. PUBLIC HEARING MEETING OF MARCH 14, 1977 APPOINTMENT OF COUNCIL REPRESENTATIVE TO SERVE ON THE FRIDLEY FORUM COMMITTEE Councilwoman Kukowski asked if a Councilmember was interes�ed in serving on this Committee. She tndicated she did not have the time to attend the meetings because of involvement in other pro�ects, however, she felt a representative from the Council should attend the meetings. PAGE 8 MOTION by Counc�lman Fitzpatrick to appo�nt Councilman Schne�der as the Council � Representative on the Fridley Forum Commlttee. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ADJOURNM�NT MOTION by Counc�lwaman Kukowskt to ad�ourn the meeting. Seconded by Counctiman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried una m mously and the Public Near�ng Meeting of the Fridley C�ty Council of March 14, 1977 adjourned at 10 32 p m. Respectfully subm�tted, �y�i l �� - 1 L�i� r��` K.�G'1Z� �-C'� Carole Haddad Secretary to the City Counc�l Approved �,�i �,I121^/L� -��,/l,l,/ry//`" 1.���,e-�� �--�-- William J. Nee Mayor � 1