05/01/1978 - 00014192THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 1, 1978
The Regular Meeting of the Fridley C�ty Council was called to order by Mayor
Nee at 7�42 p.m.
PLEDGE OF ALLEGIANCE
Mayor Nee led the Council and audience �n the Pledge of Allegiance to the Flag.
ROLL CALL
MEMBERS PRESENT
MEMBERS ABSENT
Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee
Counc�lman Schneider and Councilman Barnette
None
COMMENTS REGARDING MR. RAYMOND SHERIDAN:
Mayor Nee stated he wished to make note in the minutes that Ray Sheridan,
who was such an important figure in the development of Fridley, died
suddenly this past Wednesday and was buried today at Fort Snelling.
Mayor Nee stated Mr. Sheridan was involved in the initial incorporation
procedures and instrumental in gettrng the City Charter formed. Mayor Nee
stated Ray had served as Chairman of the Charter Commission for a num6er of
years and also served as a member of the City Council In serving on the
City Council with Ray, f1ayor fdee stated,
on occaston, they had dtfferences of opinion, but Ray was one of the people
he admired most. Because of his contributions, many things occurred in the
City which wouldn't have been quite the same were it not for his gentle
hand. Mayor Nee felt the community would greatly miss him and that the Council
was saddened by his death.
APPROVAL OF MINUTES:
PUBLIC HEARING MEETING. APRIL 10, 1978;
MOTION by Councilman Hamernik to approve the minutes of April 10, 1978, as
presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
REGULAR MEETING, APRIL 17. 1978.
MOTION by Councilman Schneider to approve the minutes of April 17, 1978,
as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Nee requested an item be added: "Consideration of a Resolution in
Oppos7t�on to the Municipal Taxable Bond Issue."
MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carr�ed unanimously.
OPEN FORUM, VISITORS.
Mr. Otto Tauer, 5866 2nd Street, appeared before the Council to voice a
complaint regarding the park which is ad�acent to h�s property,
Mr. Tauer stated he sees the park as being in his back yard and is constant7y
harrassed with balls hitt�ng h�s property and kids throwing �unk in his yard.
Mr. Tauer felt a wrong had been committed by putting tne park at this location.
He stated the people who live near the park don't want it there and the park,
as it is now, is a nuisance.
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REGULAR MEETING DF MAY 1, 1978
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Mr Tauer felt he was being deprived of his rights as an American citizen
and h�s domestic tranquility and wanted the City to tell him what they are
going to do with the park.
Mayor Nee stated, after Mr. Tauer ha'�d come to his house with the complatnt>
he went down to the park, but no one was there at the time. He stated, on
subsequent visits, the same was true. He stated, therefore, he has no
direct experience with the problem Mr. Tauer �s having.
Mr. Tauer stated he called the Police Department th�s evening and they were
there when a ball was thrown. Ne felt the Council was "passing the buck" by
te1ling him to call the Po1ice Department.
Mr. Tauer stated he can't tell the ktds they can't play in the park and he
has eggs, tomatoes, etc. thrownat his house and car.
Mr. Tauer stated he was there before the park was put in and indicated he was
go�ng to check on the petition to put the park in at this location. He stated
he was never asked to sign the petition and belaeved the park was put in under
arbitrary law.
Mr. Tauer stated he is start�ng to go to a doctor because this is affecting
htm phystcally. He felt he had good grounds to take i:his to court
Mayor Nee stated that no member of the present Council was �nvolved in the
acqu�siton or dedication of the park. Mr. Tauer stated it was put in through
a petition and, apparently, the Council at that time approved it.
Counctlman Barnette stated he presumed that most of the children were little.
Mr. Tauer stated from 25 years down to 5 years of age.
Councilman Barnette asked if the balls are batted or thrown.
Mr. Tauer stated both.
Counctlman Schneider stated one of the arguments of the residents in the area
was that the park wasn't used
Mr. Tauer stated th�s isn't true and the park is used.
Mr. Tauer stated, when the balls start hitting the house, it �s unbearable
He stated, fortunately, he has a man who is deaf that lives in the other
apartment and �s wonder�ng how he could rent the apartment, �f this man
should ever move.
Mr. Tauer stated he had trouble ever since the park was put in and that he
had to battle to get the fence up.
Mayor Nee stated about 90% of the parks
areas. He stated this isn't an unusual
residential propert�es.
in the City are impacted in residential
situation as other parks do ad,7oin
Mayor Nee felt this couldn't be resolved th�s evening and possibly it should be
referred to the Park Board.
Councilman Hamer m k felt, if action was taken this evening, the Council would
be maktng an arbitrary decision.
Mayor Nee po�nted out the Counctl looks to the Park Board for an integrated
plan for the park system and this park is part of that plan.
Mr. Sobiech, Public Works Director, pointed out the Park Board's Comprehensive
Plan will come before the Council �n the nex.t several weeks. He stated staff
would notify Mr. Tauer when this item is before the Council
Mr. Tauer stated he wanted to let the Counc�l know this problem isn't going
to go away and he has rights, too He stated he would wait unt11 the Park
Plan is before the Council.
REGULAR MEETING OF MAY 1, 1978
OLD BUSINESS:
ESDLUTION ORpERINGIMPROUEMENT AND FINAL
ICATIONS AND
HI
CONSIDERATION OF A RESQLUTI
PacE s
PLANS AND
SEWER AND
Mr. Sobiech, Public Works D�rector, stated this �tem was considered by
Council on March 20, 1978, and staff was directed to re-analyze the
improvement pro�ect �n an attempt to reduce the construction cost and to
check on the status of some land which the City owns in the area.
Mr. Sobiech stated the City could live with a 26 foot wide street for
Pleyers Avenue, since it would be used specifically by local traffic. He
stated, if such a street were to be constructed, it would reduce the
origtnal cost of $24 J 4 a front foot to $21.25 a front foot. He siated,
if a 26 foot wide street was constructed for Hillcrest, the cost would 6e
reduced from $46.D0 a front foot to $43.47 a front foot. He stated, in
order to reduce the cost for the improvement, the street sections would
have to be reduced.
Mr. Sobiech stated the City-owned property to the East of this improvement
was originally acquired for drainage purposes only. If the Council wished
to use the property for park purposes, it would necessitate a formal request
through Anoka County. He stated, if the City wishes io dispose of the
property, it would have to be put on the tax forfett rolls for public auction.
Mr. Sobiech stated, if the City did not want to use the property for park
purposes, a number of alternatives for development could be considered.
Mr. Sobiech stated he would like an indication from Council on whether they
wished to proceed with the improvement of Meyers and H�llcrest in order that the
developer might proceed with his plans.
Councilman Barnette stated Mr. Berry was concerned about the street between
his property and Mr. Ntchol's and asked if this has been dealt with satisfactorily
Mr. Sobiech stated no contact was made regarding acquisition since Council did
not direct staff to proceed.
Mr. Sobiech stated, if the Council d�d not proceed with the improvement, he
questioned �f the Council could propose a development plan for the area that
a developer would have to satisfy. He felt, �f the Meyers Avenue and Hillcrest
Avenue improvements were to proceed, and to assure there isn't a haphazard
development, possibly a hold could be put on Lot 10 on the South side of
Meyers with the idea the lot could be used for a future right-of-way for
propert�es ad�acent to Hillcrest Avenue.
Mr. Herrick, City Attorney, felt the first question the Council should answer
is whether or not tYiey wish to retain the property. If they do not, the
alternative would be for the City to turn it back to the County to be
dtsposed of as tax forfe�t property. He stated another alternative would be
to get a marketable title to the property and sell it.
Councilman Fitzpatrick questioned, if the property was originally acquired for
drainage purposes, if the need is still there for it to be used for drainage.
Mr. Sobiech felt the drainage can be taken care of by proper grading and use
of the ditch along the railroad tracks.
Councilman Fitzpatrick stated he didn't know what the Comprehensive Park Plan
proposed for this area, but felt the Council shouldn't make a qutck decision
that the property wouldn't be needed for park purposes unttl there is some
alternate proposal
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REGULAR MEETING OF MAY 1, 1978
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Mr. Herrick stated, if the City decided to use the property for park purposes,
it would be a matter of some administrative paperwork to get title from the
County.
Mayor Nee felt the only urgent need for Meyers Avenue is to allow for the
development of one lot.
Mr. Sobiech stated Lots 17 and 18 on the North side of Meyers would be
developed and Lot 10. Mr. Sobiech felt Lot 10 should be held in abeyance until
the development of the area to the South of Pleyers is resolved.
Mr. Herrick stated he would imagine the C}ty has the author�ty to delay the
development for purposes of inaking a determination as to whether the City
wants to acquire the property. He felt, however, in all fairness to the
developer, a decision should be made as qutckly as possible.
Councilman F�tzpatrick agreed the decision should be made as quickly as
possible and pointed out the Comprehensive Park Plan w�ll be coming 6efore
the Council in a few weeks.
Mr Sobiech felt a conclusion should be made regarding the vacant property
in order to tie it in with the �mprovement of Meyers and Hillcrest.
Mayor Nee stated he could not see burdening everyone with the Meyers Avenue
improvement for three 50 foot lots.
Mr. Nichols, 7091 Hickory Dr�ve, stated there are several people in the area
interested in getting a petit�on to do something with �he vacant property and
felt a sensible petition cou1d be presented within two weeks
Councilman Fitzpatrick felt the improvement of Meyers Avenue would be too
costly for the amouni of benefi t.
Mr. Munn, the developer, pointed out he has four building sites, not two.
He stated they were Lots 17 and 18 and the back half of Lots 15 and 16
together with lot 10.
Mayor Nee pointed out the lots would have to be split ir order to make them
separate buildings sites and stated it would take three votes of the Council
for approval of the lot split.
Mrs. Rosie Kehner, 7129 East River Road, stated the area is swampy and not
the best place to build. She also felt the residents should have been
notified sooner that this item would be on the Council's agenda.
Mr. Qureshi, City Manager, stated at the time of the public heartng, a
notice for this improvement was sent to all property owners. However,
as a courtesy, these restdents were again notifted that the item was on
the Council's agenda for this evening. He stated there is no further legal
requirement to notify the property owners as this has already been fulfilled
when the public hearing was held.
MOTION by Councilman Fitzpatrick to table this item for two weeks. Seconded
by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
Councilman Schneider felt perhaps the Council could give an indication of
their feel�ngs regard�ng the question of the improvement of Meyers Avenue.
In polling the Council regarding their feelings in the improvement of Meyers
Avenue, all members indicated they would not act favorably on the Meyers
Avenue Improvement.
REGULAR MEETING OF MAY 1, 1978 PAGE 5
Mr. Munn then questioned how he could develop his land. He stated people
say they don't want to build on their lots, however, they may wish to do
this in the future. He stated they will receive a building site for the
cost of the assessment and felt it was to everyone's benefit.
Councilman Fitzpatrick po�nted out the the persons in the audience that this
item will be on the Counctl's agenda on May 15, 1978.
NEW BUSINESS:
CONSIDERATION OF AN
103 ENTITLED "FIREARMS" OF
Mayor Nee stated th�s ordinance amendment would allow the discharge of firearms
in the City, with a permit, to an approved gun club, firearms range, gunsmith,
veterans or9anization drill team or other individuals or organizat�ons that
display a need for said permit.
Mr. Qureshi, Ctty Manager, stated this amendment came about as a result of a
request received by a resident in Fridley who wished to discharge firearms
in the basement of his home in conjunction with gunsmith activities.
MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance
upon first reading. Seconded by Councilman Hamernik.
Mr. Richard Harris, Chariman of the Plamm �g Commission, felt some consideration
should also be given to an ordinance or an amendment to permit the shooting
of skunks. He indicated the problem of skunks along the river is getting
worse and these animals are probably the most likely carrier of rabies.
Mayor Nee felt the best solution in this case would be to call the Police
Depa�rtment to handle the situation.
Mr. Herrick, City Attorney, felt if the City had such an ordinance where
persons were permitted to discharge firearms for this purpose, and someone
was shot, there would be trouble and l�ability for the City.
Mr. Harris felt perhaps tf trapping were allowed, this may take care of some
of the pro6lems. He thought it was something to think about.
UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and P1ayor Nee declared
the motion carried unanimously.
C
ENT
OF THE CITY CODE OF THE
MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance
upon the first reading. Seconded by Councilman Schneider. Upon a voice vote,
all vottng aye, Mayor Nee declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING CDMMISSION MEETING OF APRIL 19. 1978:
1 BENNIE ROZMAN, SP #78-05, 8031 6EECH STREET:
Mr. Sobiech, Public Works Cirector, stated the petitioner, Mr Rozman, has
requested this item be tabled for a few weeks.
MOTION by Councilman Fttzpatrick to table this item to May 15, 1978, and
schedule a public hearing for this date. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously
2. CITY OF FRIDLEY, ZOA #78-04 HYDE PARK SPECIAL ZONING DISTRICT:
MOTION by Councilman Barnette to set the public heartng for May 8, 1978.
Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
3. HARRIER'S 1ST ADDITION, BY W. J. HARRIER, JR., PS �78-02:
MOTION by Councilman Hamernik to set the pu6lic hearing for June 12, 1978.
Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unam mously.
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REGULAR MEETING OF MAY l, 1978 PAGE 6 �"
4. EAST RANCH ESTATES 3RD ADDITION, BY MARQUETTE STATE BANK, P. S. �78-03:
M07ION by Councilman Hamer m k to set the public hearing for May 8, 1978.
Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
5. MARQUETTE STATE BANK, ZOA �78-02, 225 OSBORNE ROAD N.E.:
MOTION by Councilman Hamernik to set the public hearing for May 8, 1978
Seconded 6y Councllman Fltzpatr�ck. Upon a voice vote, all voting aye,
, Mayor Nee declared the motion carried unanimously.
6. THEODORE BURAN�T, ZOA �78-03, 941 HILLWIND ROAD N.E,:
MOTION by Councilman Schneider to set the pu6lic hearing for June 12, 1978.
Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Nee declared the motton carried unanimously
7. APPEALS COMMISSIDN MINUTES OF APRIL 11, 1978:
A. RESERVE SUPPLY COMPANY, 5110 MAIN STREET
Mr Sobiech, Public Works Director, stated this �s a request for a variance
to reduce the side yard set6ack from 20 feet to 10.5 feet in industrial
zoned property at 5110 Main Street
Mr. Sobiech stated the Appeals Commission recommended approval of the
variance with the stipulation that the location of the fire hydrant and
access to the rear yard be approved by the Fire Department. Mr. Sobiech
stated the petitioner is in agreement with the recommendation of the Fire
Department and will install the hydrant and insure proper access to the
hydrant.
MOTION by Councilman Fitzpatrick to concur with the recommendation of the
Appeals Commission and grant the variance to reduce the required s�de yard
, set6ack from 2� feet to 1�.5 feet wlth the stipulations, as requ�red by
the Fire Department, on the fire hydrant and access to the rear of the
6uilding. 5econded by Councilman Schnetder. Upon a voice vote, all
vottng aye, Mayor Nee declared the motion carried unanimously.
B. HOUSE OF LORDS, 8290 UNIVERSITY AVENUE N.E., JOHN PURMORT
Mr. Sobiech, Public Works Director, stated this is a request for a variance
to the Sign Ordinance to increase the maximum square footage for a wall
stgn in a commercial area from 80 square feet to 96 square feet. He stated
the stgn would be located on the roof to better advertise their business.
Mr. Sobiech stated the Appeals Commission recommended approval with the
stipulation there be a time limit of two years for point of review and
immediate revtew at any time at which the property would be resold pr�or
to the two year time. Mr. Sobtech stated he understands Mr. Purmort
would not want a permanent rooftop sign, but until the area is improved,
he feels the need for advertising purposes.
MOTION by Councilman Hamernik to concur with the recommendation of the
Appeals Comm�ssion and grant the variance to the Sign Ordinance to increase
the maximum footage for a wall sign i� a commercial area from 80 square
feet to 96 square feet with the stipulation regardtng the time ltmitations,
as recommended 6y the Appeals Commission. Seconded 6y Councilman Barnette
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
, MOTION by Councilman Schneider to receive the minutes of the Plamm �g
Commission Meeting of April 19, 1978. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RECEIVING THE CHARTER COMMISSION MINUTES OF MARCH 28, 1978
MOTION by Councilman Hamerm k to receive the minutes of the Charter Commission
Meeting of March 2B, 1978. Seconded by Councilman Schneider. Upon a
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REGULAR MEETING OF MAY 1, 1978 PAGE 7
voice vote, all voting aye, Mayor Nee declared the motion carried unanimous-
ly.
CONSIDERATION OF PAYING FOR SATELLITES IN NORTH PARK, REQUEST BY SPRING-
BROOK NATURE CENTER FOUNDATION:
Mr. Brunsell, City Clerk, stated sateliite factliiies have 6een paid for
in the past for North Park at times when the C�ty was conducting some tours
and when work was being done at North Park. He stated some charges for
these facilities were paid out of the grant monies and several months were
charged against the reimbursible account, where the City paid and charged
the Springbrook Foundation
Councilman Fitzpatrick felt to pay for these facilities would be consistent
w�th the action of the Council regard�ng the satellites at the Islands of
Peace.
MOTION by Councilman Fitzpatrick that the City assume the cost of the
satellite facilities at North Park from this date forward. Seconded by
Counc�lman Schneider.
Mayor stated he assumed these charges will be paid until a permanent facil-
ity is constructed.
UPON A VOICE VOTE TAKEN DN TNE MOTION, all voted aye, and Mayor Nee
declared the motlon carried unanimously.
CONSI�ERATION OF APPROVAL OF CHANGE ORDER '�,1, STREET IMPROVEMENT PROJECT
ST. 1978-1 TENNIS COURTS :
Mr. Sobiech, Public Works Director, stated the City recently received bids
for tennis court construct�on and because it was felt they were too high,
the btds were re,7ected by the Council,
Upon direction of the Council, staff has contacted the contractor, NDH, Inc.,
who is involved with 1978 street improvements in Fridley. NDH, Inc. would
perform the necessary work for the tennis courts for $25,234.70 whtch ts
substantially lower than the low bid received previously
Mr. Sobiech stated the staff would recommend, therefore, approval of the
change order in order that NDH, Inc. could proceed with the tenm s court
improvements.
MOTION by Councilman Schneider to approve Change Order �l, Street Improvement
Pro,7ect ST. 1978-1 (Tennis Courts). Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously.
RESOLUTION NO 36-1978 APPROVING AN� AUTHORIZING SIGNING THE
CITY
Mr. Brunsell, City Clerk, reviewed the changes from the 1977 contract as
outlined in his memo dated April 19, 1978.
MOTION by Councilman Hamernik to adopt Resolution Plo. 36-1978. Seconded
by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee
declared the mot�on carried unam mously.
RESOL;JT:O"! NO 37-1978 TO ADVERTISE FOR BIDS, DIESEL ENGINE FOP, FIRE DEPARTMENT
TRUCK UNIT �'388:
MOTION by Councilman Schneider to adopt Resolution No. 37-1978. Seconded
by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
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REGULAR MEETING OF MAY l, 1978
Page 8 �;,
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RECEIVING RESIGNATION FROM HAROLD BELGUM, HUMAN RESOURCES COMMISSION:
MOTION by Councilman Barnette to accept the resignation of Harold Belgum
from the Human Resources Comm�ss�on. Seconded by Councllman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unan�mously.
CONSIDERATION OF APPOINTP1ENT, HUMAN RESQURCES C�MMISSION:
MOTION by Councilman Hamernik to table this item to the May 15, 1978, meeting.
Seconded by Counc�lman Schneider. Upon a voice vote, all vot�ng aye, Mayor
Nee declared the motion carried unanimously.
CLAIMS:
MOTION 6y Gouncilman Schnelder to authorize payment of Claims No. 1�4E12
through 116950. Seconded by Councilman Hamernik Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
ESTIMATES
MOTION by Councilman Hamernik to approve the estimates as submitted.
Eugene A. Hickok & Associates
545 Indian Mound
Wayzata, MN 55391
Moore Lake Evaluation & Restoration
Estimate #9
$3,142 95
Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
LICENSES•
MOTION by Counc�lman Barnette to approve the licenses as submitted and as on
file in the License Clerk's Off�ce. Seconded by Councilman Hamernik. Upon
a voice vote, all voting aye, Mayor Nee declared the motton carried unam mously.
RESOLUTION N0. 38-1978 IN OPPOSITION Ta THE MUNICIPAL TAXABLE gOND ISSUE:
Mr. Brunsell, City Clerk, stated, at the present time, municipal bonds are
exempt from both Federal and State income taxes. He stated the Congress is
contemplating a change �n their taxable status whereby the City would market
the bonds and the Federal government re�mburse the City for 35% to 40� of
the interest cost.
Mr. Brunsell stated the person who bought the bond would pay taxes on the
interest and the City would be sub,7ect to Federal government approval and
availability of Federal funds, if this change was to go into effect
Mr. Brunsell stated the Finance Department does not see any advantage to the
City in making municipal bonds taxable. He stated the part that is most
disturbing is the fact that the City would have to get Federal government
approval every time they wanted to market the bonds.
Mr. Brunsell stated the proponents for the change say some cities that
now have a problem marketing bonds would have a higher interest rate and
broaden the market in terms of who would bid.
Councilman Barnette felt the Council should support the staff and oppose
this change as he felt the Federal government already has enough involvement
tn the City's affairs
MOTION by Councilman Barnette to adopt Resolution No 38-1978. Seconded
by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unan�mously.
��� REGULAR MEETING OF MAY 1, 1978
ADJOURNMENT:
PAGE 9
MOTION by Councilman Schnetder to ad,7ourn the meettng. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Nee deciared ihe moiion
carried unanimously and the Regular Meeting 'nf the Fridley C�ty Counc�l of h4ay 1>
1978 ad,7ourned at 9•30 p m
Respectfully submitted,
Carole Haddad William J. Nee
Secy. to the City Council Mayor
Appraved:_��_I� i`�i�
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