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06/19/1978 - 00014126i� - THE MINUTES OF THE REGULAR MFETING OF THE FRIDLEY CITY COUNCIL OF JUNE 19, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council antl audience in the Pledge of Allegiance to the ' Flag. ROLL CALL MEMBERS PRESENT. Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette Members Absent: None APPROVAL OF MINUTES: REGULAR MEETING. JUNE 5, 1978: Page 7, 3rd paragraph from the bottom, correct the minutes to show it was Mr. Elliott Saliterman who was present at the meeting. Pa9e 9, 2nd paragraph from the bottom, 3rd line: Eliminate the words "side- walks to" and substitute "chtldren walkTng on the street on". MOTION by Councilman Hamernik to approve the minutes as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. ADOPTION OF AGENDA• , Mr. Wyman Smith presented a resolution for the Council's consideration to correct the date of incorporation, shown on a county map, as December 18, 1950 and the legitimate date of incorporation for Fridley should he June 9, 1949. Mayor Nee also asked an �tem be added to recetve and award bids for the sale of Lots 43 and 44, Block 12, Springbrook Park Addition. MOTION by Councilman Barnette to adopt the agenda with the addition of the resolut�on presented by Mr. Smith and the item regarding the bids for Lots 43 and 44. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this ttem of business. PUBLIC HEARINGS MOTION by Councilman Hamernik to waive the reading of the Public Hear�ng Notice and open the Public Hearing. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Pu61�c Hearing opened at 7:46 p.m. Mr. Sobiech, Pu61ic Works �irector, stated thts improvement is for the Untversity Avenue West Service Dr�ve between 81st and 85th Avenues. He stated the street would be of nine ton industrial, commercial design, 36 feet wide, with concrete curb; and the estimated cost is $54.90 per ltneal foot. � 1 REGULAR MEETING OF JUNE 19, 1978 Page 2 Mr. Sobiech stated the public heartng was scheduled as a result of a petition received for the improvement by Viking Chevrolet. He then presented a sketch which showed the proposed al�gnment of this service drive. Mr. Sobiech stated, in order to insure proper alignment of the streets, the City has been working with the City of Coon Rapids in con,7unction with development north of 85th Avenue. Mr. Jim Jachymowski, representing the YMCA, requested an explanation on how the road would affect the�r property. Mr. Sobtech stated the east/west portion of the service drive would be on the south property line of the YMCA and the north property ltne of the Vtking Chevrolet site Councilman Fitzpatrick stated a member of Fridley's Environmental Qualtty Commission has asked him to read the following statement for the minutes. "The "Mandatory Planning Act" of the State provides the option to local government to place a moratorium on development in an area where the desire for more comprehenstve planning with such issues as environ� mental planning would 6e ,7eopardized by approval of the development. The land between North Park and U m versity Avenue, therefore, shall be placed in moratorium for a period of one year In the interim, the City shall review and revise the planning in the area, and develop model ordinances "Env�ronmental Site Planning" and "Environmental Overlay Districts" and whatever other environmental protection ordinances are necessary, to avo�d property damage and may be applied in a compre- hensive way. Reta�ning present zontng and add�ng environmental protection overlays will avoid serious property damage in the future. Developers shall be required to demonstrate that the proposed property � development will not increase the total volume, runoff rate, time to peak runoff rate or shorten the overall runoff, or decrease the natural rate of absorption of storm water. LJ Mr. John Hoeft (291-6450), Staff Attorney for the Metropolitan Council is available to asstst the City Attorney, Mr. Virgil Nerrick, in the legal development of environmental protection ordinances" Councilman Fitzpatrick stated the Environmental Qualtty Commiss�on will be meeting and requested this public hearing remain open for their input Councilman Barnette asked if the statement was from Ms. Sporre or the Corrontssion as a whole. Councilman Fitzpatrick stated the statement was from Ms. Sporre and she asked this be included in the minutes as part of the public hearing record. Mr. Sobtech pointed out that, with thts proposed improvement of the service drive, it would require some relocation of existing structures at the golf drtv�ng range. The owner of the golf driving range was not present at the public hearing. The petitioner for the improvement, Viking Chevrolet, did not have any representative present at the heartng. Councilman Barnette asked if there were any plans in the immediate future for the YMCA to develop their property Mr. Jachymowski stated at this time, they do not have any development plans for the immediate future. � �§ �l il � �� REGULAR MEETING OF JUNE 19, 1978 Page 3 Counctlman Schneider asked what portion of the service drive was petitioned for by Vtk�ng Chevrolet. P1r. Sobtech stated they petitioned for extension of the servtce drive past the House of Lords establishment and their own property and indicated they would l�ke the service drive extended to their property north of 83rd. Mayor Nee pointed out the YMCA would be assessed about $97,DD0 and felt this was �ncredible when they didn't request the extension of the serv�ce drive. Mr. Sobiech stated the City is working with Coon Rapids in develop- ment of the street patterns and trying to minimize the existing conflict. Mr. Jachymowski asked if any alternat�ves were considered or if the street pattern had to be as proposed. Mr. So6iech stated, when the City contacted the YMCA representative, there was discussion that the alignment would coincide with the Coon Rapids develop- ment and would swin9 perhaps west in an al�gnment with Main Street until it was in line with the Y's east/west boundary. Mr. Jachymowski asked who was contacted at the YMCA. Mr Sobiech stated tt was the Eastside branch and Mr. Jachymowski stated the downtown offtce should 6e contacted. Mr. Jachymowski stated, as proposed, he would ob,7ect to this extension and that the YMCA would have to have more tnput. Mr. Dick Harris, 6200 Riverview Terrace, asked if the YMCA was on the tax rolls. Mr. Jachymowski stated it is not on the tax rolls as they have particular purposes they use the land for. MOTIOfJ by Councilman Hamerm k to continue the public hearing on this im- provement until July 10, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. PUBLIC HEARING ON IMPROVEMENT� STREET IMPROVEMENT PROJ 2-1/2 STREET AND 3R� MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing Notice and open the Public Hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hear�ng opened at 8:02 p.m. Mr. Sobiech, Public Works Director, stated this hearing covers improvement of the alley between 58th and 59th Avenues and between 2-1/2 and 3rd Streets. A petition for the improvement was recetved from property owners in the a rea . Mr. So6iech stated the estimated cost for this improvement is $3.61 per front foot. Mr. Sobiech stated it appears there are property line, therefore, there may be section and the structures. He stated easements or dra�nage. some structures that are right at the only two or three feet between the alley this would be no problem, however, with Mr. Ray Bakke, 5849 2 z Street, questioned the type of construct�on for this alley, and pointed out that now it is all blow sand. Mr. Sobiech stated it would be built to a 5 to 7 ton section and stated the blow sand is quite a good base material, if it is combined with some gravel mater�al. Mr. Sobiech stated there would be a two inch asphalt surface. Mr. Bakke asked about �ust add�ng more gravel to the alley. Mr. Sobiech stated the policy, when mak�ng an improvement, would be to bring the alley up to proper standards and design. ' I� , �, � � � REGULAR MEETING OF JUNE 19, 1978 ���. / � � � Mr. Bakke felt there should be at least a six inch base and four inches of asphalt. Mr. Sobiech po�nted out other alleys in the C�ty have been constructed with the same standards proposed for this alley and the City has had no problems. Mr. Bakke stated his concern was that tt be constructed properly in order to handle the truck traffic. The following persons indtcated they were in favor of the alley improvement: Ronald Newland, 5841-2z Street Albert Campbell, 5840-3rd Street Elmer Gabrelcik, 5845-22 Street Edward �obie, 5813-2z Street Martin Dykhoff, 5810-3rd Street Jeanet Leader, 5851-2%z Street Thomas Thompson, 5846-3rd Street MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:22 p m. Mr Sobiech stated, because it would be three weeks 6efore another Council meeting, the resolution calling for this improvement is included on the Council's agenda this evening. Mayor Nee stated, if there were no ob�ections from the Council members, he would consider the resolution at this time. RESOLUTION N0. 54-1978 ORDERING IMPROUEMENT AND FINAL PLANS AND SPECIFICATI ANfI FSTTMATFC f1F THF Cl1STC TFIFRFf1F CTRFFT TMPR(1VFMFNT PRf1,1Ff.T ST. 1Q7R-1 _ MOTION by Councilman Fitzpatrick to adopt Resolution No. 54-1978. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously OLD BUSINESS: CONSIDERATION OF A REQUEST FOR SPECIAL USE PERPIIT, SP #78-05, BY BENNIE ROZMAN: 8031 BEECH STREET N E. TABLED 6/5/78 • Mr. Rozman appeared before the Council regarding his request for a spec�al use permit in order to locate a discotheque center in an industrial zone. Mr. Rozman stated it seems he is having problems with Park Construction and Advance Heating, as he has contacted a few other people in the area, where he is proposing to locate the disco center, and they have no ob�ections. Mr. Rozman stated several Council mem6ers had come out and observed their operatton at the Eagan disco center, and he felt they were satisfied re- garding some of the ob,7ections ratsed, mainly, traffi c and vandalism He stated he believes the Council members found the Eagan operation to be run tn an orderly fashion and as far as vandalism, it doesn't exist. Mr. Rozman stated he sttll takes the position that he feels this is the best location for the disco center. Mayor Nee asked Mr. Rozman if ihey would be interested in building at another site in Fridley. Mr. Rozman stated he felt he didn't want to get involved in a commercial area. He stated, if the disco center didn't go, he wanted to be able to convert io another operatton and in a commercial zone, he would be ltmited to a one purpose build�ng Mr. Alex Barna, Vice-President of the Frtdley Teen Center, stated what Mr. Rozman is proposing is what is now being done at the Junior High w�th � REGULAR MEETING OF JUNE 19, 1978 Page 5 teen dances being held. He stated these dances are attended by about 325 teenagers. He stated they have had three incidences of minor vandalism. He felt the d�scotheque would give the kids in this area something to do. Mayor Nee asked if th�s request of Mr. Rozman's had been 6efore the Appeals Commission. Mr. Barna stated the Appeals Commission was not involved in the request for the special use perm�t, however, speaking as one member of the Appeals Commission, he would be in favor of the discotheque at this location. Mr. Dick Harris, Chairman of the Planning Comm�ssion, stated the Commission � felt the idea was good, but that it should 6e located in another area. He stated this was the Commission's reason for recommending denial of the special use permit Mr. Harris stated his own personal feeling is the same and that the locat�on for this type of use belongs in a commercial area. He pointed out, when there �s commercial property w�thin two blocks of this locat�on, he could- n't see the reason for locating the disco center in an industrial zoned area. Mr. Harris stated, if the Council was so inclined, they could put a mora- torium on this part�cular use while the Council, Plann�ng Comm�ssion and staff look into the whole area of recreational uses in an industrial area. Mr. Robert Schroer, 490 R�ce Creek Blvd., stated he is not against the concept of a disco center. He stated his particular business is on the fringe of the area and felt the concern of Park Construction was the vandalism. He thought perhaps, as the property develops, there wouldn't be the problem of vandalism. Mr. Rozman felt the big issues were the traffic problems and vandalism and stated they do not exist at their operation in Ea9an, and felt it would hold true at this location. Mr. Harris, stated not speaking as Chairman of the Planning Commiss�on, , but representin9 his tenants, he talked to them about the proposed dis- cotheque and about half had no real comment and the others were concerned about vandalism. Counc�lman Hamernik stated he received two phone calls today regarding this issue. Mr. Ken Styes of Styes Manufacturing expressed concern and tndicated he would not like to see the discotheque in the area. Council- man Hamernik stated, Mrs. Mittelsteadt left a message and was supportive of not allowing the discotheque in the area. Counctlman Hamernik stated he is not opposed to the concept, but felt the property owners �n the area, who are ob�ecting, have made a substantial investment and didn't think the City would entice business if they made it a practice of changing the makeup of the area and deviating from the plan for the area Councilman Schne�der stated originally, when they were discussing this item, the primary ob,7ection was the locatton and destruction of the character of the area. He stated the comments referred to thts evening in particular have veered towards the vandalism question. Councilman Schneider stated, in hts mind, even if the disco center was located in a commercial area, there would still be the same risk on vandalism. Mayor Nee stated the way this industrial area has been developed, there , are a lot of "nooks and crannies" where explosives are exposed, tanks full of LPG and a number of structural problems that make it hard to control. He stated, in another area, you pro6ably wouldn't have that same type of patrol problem, and felt the hazards are greater in this particular area. Councilman Schneider asked if this operation would be operated in the same manner as the Eagan d�sco center. 1 REGULAR MEETING OF �UNE 19, 1978 °,���� Page 6 � ' � Mr. Rozman stated it would be operated far better and �mproved Mr. Dick Harris asked who would be the person responsi6le for the operation. Mr. Rozman stated, �n the beginning, he would operate �t w�th his partner until it is established, then he would h�re competent people to run the discotheque. A gentleman in the audience stated he is considering a location, next to the proposed dtsco center, to build a warehouse and didn't feel the loca- tion attracts vandals. Mr. Harris pointed out that whenever a special use perm�t is issued, it is �ssued to the property and rematns wtth the property, irregardless of the fee owner or tenant. He stated Mr Rozman may do a fine �ob of operating his business, however, if he wants to sell, he is within h�s rights and the spectal use permit remains with the property. Mr. Rozman stated, in answer to Mr. Harrts' comments, he believed anyone who mtght buy the business would have a large investment and he felt any- one with that capital outlay, wouldn't be a bad operator. MOTION by Counctlman Namerm k to concur with the recommendation of the Planning Commission and deny SP #78-05 for the following reasons (1) the proposed commercial use is not compatible with the C�ty's industrial plan for the area; (2) the proposed use is not compat�ble with ex�sting uses in the area; (3) the proposed use would have the potential of causing a nuisance to the existing property owners in the area because of the likelihood of trespassing, vandalism, litter deposits, etc., (4) the amount of police supervision necessary for the proposed operation at thts location would be an undue burden on the Police Department from the standpoint of manpower and cost; and (5) the proposed operation at thts location would potentially create a safety hazard for children walking to or from the site. Seconded by Councilman Barnette. � Counctlman Barnette stated he felt this was the most difficult item that has come up since he has been on the Council. He stated, being a high school counselor, his philosophy is that most kids are good. Councilman Barnette stated he talked this over with his own kids and they are 100% in favor. He stated he agonizes over the fact that he �s going to vote against the discotheque, however, he feels a loyalty to the cttizens of Fridley as he was elected as their representative, and not as a high school counselor Counctlman Barnette stated he would like to see the discotheque in Fridley and w�shes he would build it in another area. Councilman Fitzpatrick stated the only position he can base a vote for denial on is that it does seem incompatible with the area He stated he d�dn't feel the traffic is a problem and this reason was not included in the motion. Councilman Fitzpatrick stated he hoped Mr. Rozman could find a site to build in Fridley and feels there �s a need for somethtng like the disco center. Councilman Schneider stated he shared the thoughts of both Councilman Barnette and Councilman Fitzpatrtck. He stated he would support the motion primarily on the first two po�nts regarding incompatibtlity. He stated he is not convinced the discotheque would be creating a nuisance in the area, an undue burden on the Police Department, or a safety hazard for children. Counctlman Schneider felt there is a need for such a facility in Fridley, if Mr. Rozman could find another area He stated he was very tmpressed with the operation in Eagan. � Mayor Nee stated he shared Councilman Barnette's feeling and hoped Mr. Rozman could find another site in Fr�dley. Mr. Rozman stated he could understand the Council's position and thanked them for their time and effort in considering this request. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. IDERATION OF S HILLWIND ROA� N.E. AND NG OF AN ORDINANCE FDR ZONING ORDINANCE �� � REGULAR MEETING OF JUNE 19, 1978 SI ENT Page 7 ITH THEODORE MOTION by Councilman Schne�der to waive the second reading of the a6ove ordinance and adopt it on the second reading and pu6lish, and to author- ize the executton of the agreement with Theodore Burandt. Seconded by Councilman Qarnette. Mr. Burandt pointed out that there is a contract for deed remaining on the property and the fee owner, Don Bratt, is required to sign the agreement and wondered if this was necessary Mr. Sobiech, Publ�c Works Director, stated the reason the recording of the agreement or document �s necessary was because of the unusual nature of the rezoning. He stated the Council is not rezoning a vacant piece of property, but the parcel does have an existing structure. Mayor Nee asked �f the City could enforce the provisions, without the agreement Mr. Sobiech felt they could, but with the agreement, there would be a complete understanding of what has to be done. Mr. Herrick, C�ty Attorney, questioned whether the fee owners, Donald and Vivian Bratt, had signed the application for rezoning. He stated anytime there is an application for rezoning, where there is a fee owner and contractor, both must sign it and assumes this has been done. In checking the rezoning application, �t had not 6een signed by the fee owner, therefore, with permission of his seconder, Councilman Schneider withdrew h�s motion. Mr. Herrick stated the agreement could be approved sub�ect to obtaining the s�gnature of the fee owner, with the understanding that even though Mr. Burandt proceeds with the improvements, rezoning will not be completed until he has the signature of the fee owner. MOTION by Councilman Schne�der to authorize the execution of the agree- ment with Mr. Burandt, sub�ect to him either becoming the fee owner or acquiring the signature of the fee owner. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unan�mously MOTION by Counc�lman Schneider to table until July 1D, 1978 the second reading of the ordinance for zoning ordinance amendment ZOA �78-03, by Theodore Burandt, to rezone from R-3 to CR-l; 941 Hillwind Road N.E. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mous�ly. EY BY ADDING CHIMNEY SWEEPS TO THE LIST OF SPECIFIC TRADES RE MOTION by Councilman Fitzpatr�ck to waive the second reading of Ordinance No. 680 and adopt it on the second read�ng and publish. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously TY CHARTER DECLARING NG THE SALE THEREOF: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 681 and adopt it on the second readin9 and publish. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. NEW BUSINESS Z 78 A RESOLUT COUNTY MOTION by Councilman Schne�der to adopt Resolution No. 52�1978. Seconded by Counc�lman Barnette. Upon a voice vote, all vpting aye, Mayor Nee declared the motion carried unanimously. ' I� � , y i� f REGULAR MEETING OF ,]UNE 19, 1978 Page 8 Mr. Sobiech, Public Works Director, outlined the stipulations regarding approval of this plat and stated Mr. Harrier concurred with these stipulations. Mr. Walt Harrier, Jr., petitioner, appeared before the Council and stated he agreed with the stipulations, bui didn't see the need for the cul-de-sac. He presented the plan to the Council and stated, in order to have the cul-de-sac, � he would have to take out a lot of trees. Mayor Nee stated he could see Mr. Harr�er's po�nt and personally felt they should try and avoid the cul-de-sac in this situation The staff suggested that the petitioner work w�th the City for an alternative appropriate access that is acceptable with the Fire Department MOTION by Counc�lman Fitzpatrick to concur with the recommendation of the Plamm �g Commission and approve the final plat, prel�mtnary subd�vision P.S. #78-02, Harrier's First Addition, by W. J. Harrier, Jr., located in the 6400 block on the West side of Riverview Terrace N.E., sub,7ect to the following stipulations (1) Drainage plan which indicates impact on surrounding property must be submitted to City for review and approval; (2) Utility and drainage easements should be shown along lot lines; (3) Cul-de-sac or other appropriate method approved by the Fire Department for access should be provided to insure adequate ingress and e9ress for Fire Department vehicles; (4) Plans and specifications for sanitary sewer and water must be submitted for review and approval; (5) Park fee in the amount of $300 per lot must be paid; (6) Engineerin9 escrow must be paid to the C�ty to cover expenditures in the review of utility plans and specifications and inspection of construction, and (7) Appropriate covenants must be filed with the plat indicating property owner's respons�bil�ty to maintain pr�vate street and the sanitary sewer and water systems Seconded by Counctlman Hamern�k. Upon a voice vote, all voting aye, � Mayor Nee declared the motion carried unanimously RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 7, 1978: EAST RANCH ESTATES 4TH ADDITION. PRELIMINARY PLAT P.S. �78-04. ROBERT MOTION by Councilman Hamernik to set the public hearing for July 17, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously 2. GERALD G. JOHNSON, REZONING REQUEST ZOA #78-05, 1145 MISSISSIPPI STREET. Mr. So6iech, Public Works, Director, stated the pet�tioner has requested a delay in the public hearing until August 21, 1978, insiead of July 17, 1978. MOTION by Counctlman Schneider to set the public hearing for August 21, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously 3 ENERGY PROJECT COMMITTEE: Mr. Harris, Chairman of Planning Commission, appeared before the Council regarding this request for part-time admim strative staff and secretarial help for the Energy Pro�ect Committee. � Mr. Qureshi, City ManagPr, stated the poltcy has been to provide staff and secretarial help at the Commission level. Mr. Harris stated they are not too concerned a6out staff help, but felt secretarial help was needed in order to maintain records of the discussions Councilman Schneider stated he thinks every pro,7ect committee is important and when you have citizens volunteering the�r time, felt some minimal support REGULAR MEETING OF JUNE 19, 1978 Page 9 should be given, however, if secretarial help was supplied for every committee there would 6e a problem. He felt this should be looked at as a policy item and not �ust a single request. Councilman Fitzpatr�ck felt it should be kept in mind that the Energy Commtttee was a request on the part of the Council to look at energy problems. He felt he could support the request at this time and then consider the item as part of the budget considerations when they come before Council. Mayor Nee felt, in the field of energy, it �s a process wh�ch goes to the heart of the people's lifestyle and would agree the discussions of the Energy Committee should be recorded. Mr. Harris felt the secretarial help would be needed, after the Committee is organized, and discussions started He felt if they don't have a commitment from the City for th�s help, they would have to find an altern- at�ve for keeping this data. Councilman Fitzpatrick stated the Energy Project Comm�ttee would be a sub- committee of the Planning Commission and pointed out that most of the project committees in the past have 6een committees of a sub-committee. Councilman Hamernik questioned whether the Energy Pro�ect Committee would he a full-fledged Commission. Mr. Harris stated, in his opinion, it would not be, however, the situat�on could change, but their intention is to set up goals and ob�ectives and hopefully the committee will come up with a policy and ways of implementing that policy. Councilman Hamernik stated when the request came up for secretarial help for the Sign Committee, he was probably the only one in opposition and stated he takes the same pos�tion in this case. MOTION by Councilman Fitzpatrick to approve the request for secretarial help and some staff time, at the discretion of the City Manager and Chair- man of the Energy Committee. Seconded by Councilman Schneider. Upon a vo�ce vote, Counc�lman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Schneider, Councilman Hamern�k and Councilman Barnette voted against the motion. Mayor Nee declared the motion failed by a 2-3 vote. Counc�lman Schneider asked Mr Harris to come back when they have their goals and ob�ectives worked out. Councilman Hamern�k felt, after they have some basic o6jectives, some staff time could be available to make the correlation. He stated he was opposed to �nvolving staff time directly in the committee meetings. He felt, if the committee comes up with direction, the staff could do some of the leg work. Mr. Harris stated they really weren't looking so much for staff help, but mainly secretarial help Mr. Qureshi, City Manager, stated if the Planning Commission wished to take on this respons�bility, the staff would certainly work with them to provide the research and data. Mr, Harris stated they discussed the possibility of the Planning Commission sitting as an Energy Commission, but it was felt they don't have the ex- pert�se �n the f�eld and that there are so many others in the City who could contrtbute to such a committee. Councilman Schneider stated he would be prepared to support the request after seeing the goals and o6jectives. Mr. Harris stated they would try and get the goals and objectives outlined. , , 1 � I `s REGULAR h1EETING OF JUNE 19, 1978 RECESS: Recess called 6y Mayor Nee at 10:12 p.m. RECONUENE�: Page 1D Mayor Nee reconvened the meeting at 10:25 p.m. Al1 Council members were present. � 4. HILLCREST ADDITION PARK (RECEIVING PETITION #12-1978): Mr. Sobiech, Public Works Director, stated there will 6e a plat comin9 be- fore the Council regardtng this item, but felt it might be in order to receive the petittons at this time. MOTION by Councilman Fitzpatrick to receive Petit�on #12-1978 and receive the two letters from Richard Van Heuveln dated March 24, 1978, and Barbara Haley, dated March 31, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of June 7, 1978. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ;: �� � : Mr. Sobiech, Public Works Director, stated this is a request for an ease- ment encroachment for property on Old Central Avenue, southeast of Osborne Road. Mr. Sobiech stated the plans show the easement through the develop- ment on property.. Mr. Sobiech stated the Engineering Department did review the plans and have no ob,7ection to the encroachment. � Information recetved from the utility compa m es indicate no ob�ection to the vacation of the easements, but the phone company did want easements dedicated for relocation of their cable. Mr. Sobiech stated the alternate easement has been recordad in Anoka County and will be the easterly 10 feet of Lot 24, Block 2, Meadowmoor Terrace. MOTION by Councilman Schneider to approve the encroachment, sub�ect to the processing of the vacat�on through the normal procedures and dedication of an approprtate easement. Seconded by Councilman F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LETTER TO ANOKA COUNTY REGARDING ISLANDS OF PEACE: Mayor Nee requested concurrence with a letter to be sent to Anoka County regarding their support to the Islands of Peace. Mr. Ed Wilmes, 6350 Riverview Terrace, thanked the Counc�l members for recently coming down to the Islands of Peace. He stated progress has been made by the Islands of Peace through the efforts of many people. Mr. Wilmes stated in the letter to be sent to Anoka County, the word "con- tributions" in the first paragraph is a little misleading. He stated, as , far as the County's support ftnancially, it is 6etween $27,000 and $28,000. He stated, throughout the letter the word "contributions" is used, and stated he would like to refer to the maintenance. Mr. Wtlmes stated he wished the Council would take a hard look at the possibility of transferring of the lease to the County. He stated they have a maintenace problem at the Islands of Peace, with a lot of work to be done, and if there is a way to take the burden off the City, he felt they should consider this. He stated he knows there are some people who are N y REGULAR MEETING OF JUNE 19, 1978 Page 11 concerned about the credibility and control of the Islands of Peace and hopefully these people will give this pro�ect a lot of thought. Mr. Wilmes stated the reason for the letter to the County is to ask them to consider the possi6ility of becoming involved or for assistance. Mayor Nee stated it is not clear why the letter is needed, if the County has already made contributions. Mr, Wilmes stated he talked to Comm�ssioner 0'Bannon and the letter was requested. Counc�lman Fitzpatrick stated he believes the Foundation wants to re- quest the County to maintain and program the Islands of Peace. He stated the County hasn't asked for a lease agreement with the City. Mr. Wilmes stated all the County said was that they would possibly want a lease agreement for the land over a period of years. Councilman Hamernik stated he can support the change in the wording of the letter, as requested, and the County can come back to the City re- gardtng the degree of involvement and then take it from there. Mayor Nee stated most of the persons who use the Islands of Peace are from Hennepin County and would urge the Foundation to soltcit contributions from both Anoka and Hennepin counties. Mayor fJee pointed out that in the lease the City holds the Foundation responsi6le for the programming and maintenance and didn't know tf the lease permits them to transfer this. P40TION by Councilman Hamernik to authorize the submission of this letter to the County, with the following changes: Paragraph 1, change the word "contributions" to "involvement" and Paragraph 5, change the word "con- tributions" to "support". Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT WITH METROPOLITAN CLINIC OF COUNSELING, INC.: Counctlman Schneider asked how many employees are using this service. Mr. Qureshi, City Manager, stated about 11 employees used the counseling service last year. He stated the service is available on a voluntary basis, but in the case where it is affecting the employees' performance on the �ob the supervisor can require the employee to seek the service. Mr. Qureshi explained the program is subsidized 50% by the State. He stated the reaction of supervisory staff �s that the service has been helpful. Mr. Qureshi stated the Metropolitan Clinic of Counsel�ng, Inc. provtdes diagnostic and referral services. MOTION by Councilman Schneider to authorize the agreement between Metro- politan Clim c of Counseling, Inc. and the City. 5econded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. Mr. So6�ech, Public Works D�rector, stated this resolution �s for the construction of sidewalks on the east side of 7th Street from 61st to 135 feet from 63rd Avenue, and eliminates the sidewalk on or ad,7acent to Mr. Saunders' property. Councilman Barnette stated the resolution calls for the sidewalk to be constructed from 61st to 135 feet south of 63rd so this would still farce the children to go into the street. He stated he knows the ob�ecttons to constructing the sidewalk on Mr, Saunders' property, but would rather see the sidewalk continue to 63rd, even if it is only on City property. ' ' , J �� �J REGULAR MEETING OF JUNE 19, 1978 Page 12 It was noted Mr. Saunders had no ob,7ection to the sidewalk, as long as it was not to be constructed on his property. Councilman Hamernik indicated he would not be in favor of constructing the sidewalk and leaving out the 135 feet south of 63rd Avenue Mr. Qureshi, City Manager, stated tn discussions with Dr Hansen, Superin- tendent of Schools, he felt this s�dewalk was needed for safety reasons Mr. Qureshi stated the Counctl could adopt the resolution for construction � of the s�dewalk on the east side of 7th Street from 61st to 63rd Avenues, with construction only on City right-of-way. Counc�lman Barnette stated he was prepared to move the resolution on that basis. MOTION by Councilman Barnette to adopt Resolution No. 55-1978, with the deletion of the words "135 feet south of". Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF HAZARLlOUS Bl1IL�ING ACTION - 5432 ALTURA ROAD N.E.: MOTION by Councilman Fitzpatrick to approve the order regarding the hazardous building, and authorize the Mayor and C7ty Clerk to sign same. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 53-1978 REQUESTING THE ANOKA COUNTY COMMISSIONERS TO INSTALL A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF EAST RIUER ROAD AND 515T AVENUE N.E.: MOTION by Councilman Fitzpatr�ck to adopt Resolution No. 53-1978. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously � CONSIDERATION OF A RESOLUTION ORDERING IMPROVEPIENT AND FtNAL PLANS AND SPECFFICATIONS AN� ESTIMATES OF THE COSTS 4HEREOF: STREET IMPROVEMENT PRO�ECT ST. 1978-1, ADDENDUM #3 No action was taken on this resolution, as the publtc heartng was conttnued to July 10, 1978. LICENSES MOTION by Councilman Hamernik to approve the l�censes as subm�tted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Barnette to authorize payment of Claims No. 165A14 through 165724. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously TERMINATION: CITY EMPLOYEE: M4TION by Councilman Schne�der to concur with the term�nation of City employee, Randy Fury. Seconded by Councilman Hamernik. lJpon 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 and Associates, Inc. 545 Indian Mound Wayzata, MN 55391 PARTIAL ESTIMATE #11 - Moore Lake Evaluation and $1,311.59 Restoration Pro,7ect REGULAR MEETING OF JUNE 19, 1978 Patch Erickson Madson, Inc. 2311 Wayzata Boulevard Minneapolis, MN 55405 Fr�dley Garage Addition - Balance �ue Smith, �uster, Feikema, Chartered 1250 Builders Exchange Building Mtnneapolis, MN 55402 For legal servlces rendered as Prosecutor for May, 1978 Weaver, Talle & Herrick 316 East Main Street Anoka, MN 55303 For legal services rendered as City Attorney for May, 1978 For legal services rendered re: McNamara vs Shorewood, et al Page 13 $4,042.40 $2,337.30 $1,360.60 $4,962.75 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RECEIVING AND AWARDING BIDS FOR LOTS 43 AN� 44, BLOCK 12, SPRING&ROOK PARK ADDITION: AND CONSIDEkA7I0N OF FIRST READING OF AN ORDINANCE RELATING TO THE SALE 01 Mr. Herrick, City Attorney, stated it was his understanding that the ordinance authorizing the sale of these lots had been passed by Council, however, this is not the case and suggested the Council approve the first reading of the ordinance this evenrng and to have second reading at the Conference meeting. He felt the normal rule should be set aside of not doing any business at the Conference meeting and proceed w�th the second readin9 as he felt this has been delayed due to lack of communication between dapartments. Mr. Brunsell, City Clerk, stated only one b�d was received for the lots. MOTION by Councilman Fitzpatrick to receive the bid from Diane Bradley in the amount of $7,350 for Lots 43 and 44, Block 12, Springbrook Park Addition. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MDTION by Councilman F�tzpatrick to waive the reading and approve the ordinance upon the first reading, with the correction of Block 12, instead of Block 14 in the wording of the ordinance. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AD�OURNMENT: MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Council- man Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously and the Regular Meeting of the Fridley City Council of June 19, 1978 ad�ourned at 1i:40 p.m. Respectfully submitted, �%�%�,n,� �-'l�-� °�lu"E"� f�,�dLtC,6c� � � Carole Haddad William J. ee Secy. to the C�ty Council Mayor Approved: Julv 1Q, 1978 � ' ,