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10/03/1977 - 00014367� L__J � / } _� i � �i THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 3, 19�7 The Regular Meeting of the Fridley City Council of October 3, 1977 was called to order at 7.30 p.m by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to ihe Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick None PRESENTATION OF AWARD: Mayor Nee stated a Certificate of Appreciation was to have been presented to Mr. Charles Gooder for hts service on the Commum ty Development Commisston; however, he was unable to attend the meeting thts evening and this Certtficate will be forwarded to him. Mayor Nee expressed on the Commission. to the School Board. APPROVAL OF MINUTES• his appreciation and the Council's gratitude for Mr. Gooder's work Mayor Nee also extended congratulations on Mr. Gooder's appointment PUBLIC HEARING MEETING, SEPTEMBER 19, 1977 MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA Mayor Nee requested that the following items be added to the agenda (1) Consideration of a Temporary Bingo License for the American Legion, and (2) Consideration of an Ordinance on an Except�on to the Fire Limits as Requested by Georgetown Motels. MOTION by Councilwoman Kukowski to adopt the agenda as amended. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Beckler of Mobile Homes Minnesota, thanked the Counci1 for the temporary permit for the mobile home at 57th and Cheri Lane. He stated th�s mobile home was entered into the competition conducted by the Metropolitan Council and was selected as a winner in this category. Mr_ 6eckler stated he has plans to come before the Councll to construct a s�ngle family home on thts lot. Councilman Schneider questtoned his plans for the home and whether it was the same destgn as the existing mobile home Mr. Beckler stated tentative plans are for a three bedroom rambler that will meet all Uniform Building Codes, but will have a similar destgn as the mo6ile home. Mayor Nee quest�oned if the City has had any further problems or comments from the residents of the area Mr. Sobiech stated Councilman Schneider has contacted the residents and felt more favorable, rather than negative comments, were received. OLD BUSINESS• ORDINANCE N0. 663 - A�OPTING THE BUDGET FOR THE FISCAL YEAR 1978• MOTION 6y Councilman Hamernik to waive the second readtng of Ordinance No. 663 and adopt it on the second reading and publtsh. Seconded by Councilwoman Kukowski. Upon , � �r � REGULAR MEETING OF OCTOBER 3, 1977 PAGE 2 a votce vote, all voting aye, P4ayor Nee declared the motion carried unanimously. NEW BUSINESS CONSIDERATION OF FIRST READING OF AN ORDI FRIDLEY CITY CODE. CHAPTER MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CONSIDERATION OF A REqUEST FOR A SPECIAL USE PERMIT, SP 77-12, BY NASEEM ANSARI Mr. So6iech, Public Works D�rector, stated this �s a request for a special use permit to allow a publtc auto repair center use in an industrial area. The Plann�ng Commission held a pubiic hearing regarding this request and recommended approval with two stlpula- tions. These stipulations were that all cotles, ordinances and other applica6le re9ula- tions be met and that a space limitation of 15,000 square feet be part of this recommendation. Mr. Sobiech stated this car repair service would utilize approxTmately 12,000 square feet and 3 bays in the Bryant-Franklin building. Councilman Hamernik questioned the 9,000 - 13,000 square feet as requested on the application for the special use permit. Mr. Ansari stated this was in error and should have been for 20,000 square feet He stated Mr. Brama has offered him three bays at the present time with a promise, if the special use permit is approved, they could expand the operation into five bays. , Councilman Hamernik stated the request on the application was for 9,000 - 13,000 square ' feet and didn't understand why the Commission had put a limit of 15,000 square feet on this special use permit Mr. Ansari explained the owner of the property, Mr. Brama, had to supply some of the information on the application and he was away at the time and some mistakes were made in the application form Councilman Hamernik questioned, if the special use permit was allowed for 20,000 square feet as Mr Ansari requested, if this would pose any traffic prob7ems. Mr. Sobiech did not feel the traffic would be a problem because of the hours of operation and ample parkin9 on the site. Mr. Sobiech also explained that regulations would have to be met to ensure proper ventilation, sprinkling protection, etc. Councilman Schne�der questioned if the City would require first-aid or emergency rescue equipment because of the number of cars in the bays. Mr. Sobiech felt they would want some of these items available and explained the Fire Department does have a checklist of items that would be required. Councilman Hamerm k verified with P�r. Ansari that he would have personnel to operate any equipment he suppl�es. Mr Brunsell, City Clerk, questioned the disposing of oil. Mr Ansari stated it would be collected and sold to a refinery. Mr. Qureshi, City Manager, questioned if there would be any dismantling of cars outside the building. Mr. Ansari stated they would not allow any outside repair work Mr. Aldrich, Ftre Chief, indicated that flammable waste traps would be required for this operation. Councilwoman Kukowski questioned if regulations are set up for collecting the oil. Mr Aldrich stated something would be worked out in the best interests of the City and owner, but that oil �s classified as a Class 3 flammable liquid and there are regulations dealing with this type of product. � � � 1 REGULAR MEETIN6 OF OCTOBER 3, 1977 PAGE 3 MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant Spec�al Use Permit, SP 77-12 with the stipulation that all codes and ordinance requirements for this type of operation be met Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING ANNUAL REPORT FROM SPRINGBROOK NATURE CENTER FOUNDATION: Mr. Vern Moen, Chairman of the Springbrook Nature Center Foundation, appeared before the Council regardi�9 this annual report. Mr. Moen asked the Council to make a correction in the third paragraph of their letter dated September 28, 1977 by changing the amount of $40,478 to $39,928. MOTION by Councilman Schneider to receive the annual report from the 5pringbrook Nature Center Foundation. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani�ously. CONSIDERATION OF COMMUNICATION FROM GEDRGE M. HANSEN COMPANY--1977 AUDIT Mr. Brunsell, City Clerk, felt the estimated cost for this audit would be about $7,000 He indicated George M. Hansen Company was familiar with municipal accountin9 and he feli they were well qualified. MOTTON by Councilwoman Kukowski to approve the firm of George M. Hansen Company as auditors for the 1977 audit. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 108-1977 CERTIFYING TAX LEVY REQUIREMENTS FOR 1978 TO THE COUNTY OF ANOKA FOR COLLECTION MOTION by Councilman Schneider to adopt Resolution No. 108-1977. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION N�. 109-1977 - SETTING AN ELECTION FOR MAYOR AN� COUNCILMEMBER-AT-LARGE MOTION by Councilman Hamerm k to adopt Resolution No. 109-1977. Seconded by Council- woman Kukowski Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unanimously. RESOLUTION N0. 110-1977 - DESTGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE NOVEMBER 8, 1977 GENERAL ELECTION: MOTION by Councilwoman Kukowski to adopt Resolution No. 110-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dec1ared the motion carried unanimously. 1-1977 - CERTIFYING CERTAIN DELINQUENT WATER AND SEWER CHARGES TO THE MOTION by Councilman Fitzpatrick to adopt Resolution No. 111-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 112-1977 - CERTIFYING CHARGES 70 THE COUNTY AU�ITOR TO BE LEUIED AGAINST CERT IN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1978 WEEDS �MQTIQN by Councilman FZtzpatrick to adopt Resolution No. 112-1977. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 113-1977 - AUTNORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS M�TI�N by Councilwoman Kukowski to adopt Resolution No. 113-1977 Seconded by Councilman Schneider. �pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. L� �t � � REGULAR MEETING OF OCTOBER 3, 1977 PAGE 4 RESOLUTION N0. 114-7977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESS- MOTION by Councilwoman Kukowski to adopt Resolution No. 114-1977. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. CLAIP4S MOTION by Councilwoman Kukowskr to authorize payment of Claims No. 2b4F22 - 270993. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. LICENSES: MOTION by Councilman Hamernik to approve the licenses as submitted and as on f�le in the License Clerk's Office. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. ESTIMATES• Anoka County �epartment of Highways Anoka County Court House Anoka, MN 55303 Fridley Share of Signal Installation at 37th Avenue and East River Road �71,954.17 �� For Improvements on Central Avenue at Intersection With 53rd Avenue - Urbam zation Project; Street Improvement Pro�ect ST. 1976-3 � State of Minnesota $28,317.37 City of Colum6ia Heights $13,808.91 MOTION by Councilwamari Kukowski to approve the estimates as submitted. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A TEMPORARY LICENSE FOR BINGO - AMERICAN LEGION• Mr. B�11 Kinkel, Commander of the American Legion Post in Fridley, appeared before the Council regarding a bingo license Mr. Kinkel stated their orga m zation would like to begin bingo operations a9ain in Fridley starting tomorrow evening. He stated advertis�ng has gone out regarding the bingo game and requested a license for this operation. Mayor Nee stated they have a copy of the application and the comments from adminis- tration regarding this appiication. Mayor Nee referred ihe comments to Mr. Kinkei for his review Mayor Nee pointed out the staff has indtcated necessary improvements were not made. Mr. Kinkel stated the owner will be paving the parking lot and installtng cur6ing and sodding. He stated, if the license is issued, he will talk to the owner again to have the work completed. Mr. Kinkel pointed out that the persons attending the � bingo game can use the parking lot across the street and the parking to the west of the�r building Mr. Qureshi, C�ty Manager, suggested possibly the license could be issued for a one month per�od and hopefully by that time, all the improvemenis would 6e made Councilman Schneider indicated his concern was the parking, but would favor going along for a one month period so that improvements could be made. � � �� REGULAR MEE7ING OF OCl'OBER 3, 1977 PAGE 5 Mr. Herrick, City Attorney, suggested, if it was necessary for the American Legion to come back after a month, the owner of the building should also be requested to attend the meeting so the Council could speak directly to him regarding the improvements. MOTION by Councilman Schneider to 9rant the American Legion a temporary one month license for 6ingo while processing of the ex�sting application continues. Seconded by Councilwoman Kukowski. 'Councilman Hamer m k asked Mr. Kinkel if he was aware the Council was considering a change in the bingo ordinance. Mr. Kinkel stated he was aware of the proposed change and that his Bingo Cha�rman has a copy of the proposed changes. Mr. Qureshi, City Manager, stated in processing of the license, if there are no problems and improvements are made as requ�red, it w�ll not 6e necessary for applicant repre- sentatives to come back to Council. He indicated to Mr. Kinkel that the staff would let him know if the item would again come before Council after the one month period. UPON A UOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 2D6. SECTION 206.05 Mr. Aldrich, Fire Chief, explained the City has a fire limits ord�nance to contr�ol the types of construction in certain districts He stated, in the commercial zones, it was felt the City should limit the construction types in those areas to non-combustible materials. He explained in industrial zoning, these areas are not included in the fire lim�ts 6ecause of the spacial separation around the building and a better grade of construction materials is used for industr�al-type buildings. ,Mr. Aldrich stated the Georgetown people checked with staff to see if there was a fire limits ordinance when they submitted their application. He explained, as an industrial property, this wasn't included in the fire limits, however, with the rezoning, it is in the fire limits. Mr. Aldrich stated the owner contacted the City regarding this mati.er and was quite concerned. He stated, after a meeting with several members of the City staff, he felt it would 6e in the best interests of the City and the property owner to delete this land from the fire limits and the owner would agree to have an automatic sprinkling system installed He stated this arrangement would still leave the rest of the fire ordinance intact, but any construction that goes in that part of the land w�ll be required to provide an automatic sprinkling system. Mayor Nee asked, from the standpoint of the occupants, if it would be safer to have the automatic sprinkler system or non-combustible constructron Mr. Aldrich felt it would 6e safer with the automatic sprinklers as he stated, in 65 years of record keeping, a loss of life has never been recorded in a building that was sprinkled, other than possibly the life of the person who started the fire. Councilman Schneider asked if, generally, in modern construction non-combustible materials are used. Chief Aldrich stated generally they are, 6ut from a structural standpoint, he would be more comfortable dealing with a fire in this situation where the building is sprinkled. ,M�TION by Councilman Fitzpatrick to watve the reading and approve the ord�nance upon first reading on the recommendation from the Fire Department that the sprinkler system is perhaps more safe for occupants than the non-combustible construction. Seconded hy Councilwoman Kukowski Councilman Hamernik asked if this parcel ts taken out of the fire limlts, if the City is deviating from the Uniform Building Code by allowing the construction of this mo tel . �s�l�i REGl1LAR MEETING OF OCTOBER 3, 1977 PAGE 6 Chief Aldrich stated they could, in all probabil�ty, build thts motei without sprinklers �f it wasn't in the fire limits. He indicated they were not sacrifying the building codes by allow�ng the construction Mr. Herrick questioned if a precedent was being set if another persons wanted io build a motel out of the fire lim�ts. Chief Aldrich felt, in this part�cular case, it was good to have the built-in protection of ihe sprinkler system and �n discussions with other staff inembers, it was feit the City wasn't losing anything, 6ut actually gaim n9 He felt it was a plus to get the sprinkier sysiem and a good campromise for taking ii out of the fire iimits. Mr. Sobiech, Pu61ic Works Director, felt if there was another request, it would have to be a similar situation of a 40 uni� structure, only two stories high. Councilman Hamernik indicated they still have the limitations of height and square footage and are not deviating from the buiid�ng codes, Mr. Herrlck stated, as pointed out by Chief Aldrich, the basis for which th�s request is being granted would be 6ecause the substitutton is as safe or safer as what was or�ginally required UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman 5chneider to ad�ourn the meeting. Seconded by Councilman Hamernik. lJpon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 3, 1977 ad,7ourned at 3 40 p.m. Respectfully submitted, � �p`�� "C.�O�-L�e�� ��.c P,cti,(.— ` Carole Haddad Secretary to the City Council ( � -���1�� � � � Approved: i l a.E�� u-i���J, �C�. �� William J. Nee Mayor ' LJ �