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10/23/1978 - 00014013� � �J THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CiTY COUNCIL OF OCTOBFR 23, 1978 The Regular Meei�ng of the Frtdley City Council was called to order at 7:42 p.m. by Mayor Nee. PLE�GE OF ALLCGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrtck, Counc�lman Hamernik, Councilman Schneider and Councilman Barnette MEMBERS ABSENT. None APPROUAL OF MINUTES: REGULAR MEETING, SEPTEMBER 25, 1978: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all v�ting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick Seconded 6y Councilman Hamernik. Nee declared the motion carried OPEN FORUM, VISITORS. to approve the agenda as submitted. Upon a votce vote, all voting aye, Mayor unanimously. Mr. Ed Wilmes, representing the Islands of Peace Foundation, thanked the Counctl for attending the recent ceremonies at the Islands of Peace Mr. Wilmes stated he feels a personal sense of duty to inform the Council re- garding questions, pertatning to operatian and programming, asked of �im Langenfeld at the last Council meeting. Mr. Wilmes stated, regarding the operation, thts ts the responsib�lity of the Islands of Peace and the activtttes within the reception center building are to be coordinated with the Islands of Peace. Mr. Wilmes stated, regard�ng programs, a lot of research has been done by people and groups who use the Islands of Peace. He stated tt has been suggested there is enough organized games and programs, but what the groups really en�oy is getting outdoors and using the trails prov�ded on the Islands of Peace P4r Wilmes explained the programming is be�ng studied and researched and he believed the procedures and suggestions taken are coming from people who are knowledgeable �n what the programs should be. Mr. Wtlmes stated the Islands of Peace Foundat�on is not standing still in the areas of ma�ntenance, operation, and programming and assured the Council that progr•ess will be made. He stated �t is not their �ntent to put the burden on the City. � NEW BUSINESS rnnirrnrnnTrnv TER L FROP9 TION FOR Mr. Wayne Sampson, Director and Treasurer of the Springbrook Nature Center REGULAR MEETING OF OCTOBER 23, 1978 PAGE 2 Foundation, appeared before the Council regarding a request for sewer and water to be supp7ied through Coon Rapids. Mr. Sampson stated a plan was presented to the Council on April 1, 1976 for development of the Springbrook Nature Center. He stated the plan was in two phases, the first part which was approved by the Council. He pointed out the plan contemplated construction of restroom facilities on the southeast corner of the property near the intersect�on of 83rd Avenue and Main Street. Mr. Sampson stated, for all pract�cal purposes, they have completed all the elements of Phase 1, w�th the exceptton of construction of the restroom facil�ties. Mr Sampson stated the Board of tYie Springbrook Nature Center , Foundation has concluded that the best site for the factltties would be near the parkinq lot area. He stated the previous site recommended was ad�acent to faciltties provided by the City He explained the s�te now recommended is ad�acent to sewer and water supplied by Coon Rapids and stated, he understood, there are agreements made, at times, between cities where honk-ups are permitted for Coon Rapids to service Fr�dley or vice versa. Mr. Sampson requested the Council prepare a request to Coon Rapids to permit sewer and water service from Coon Rapids to 6e used at the Springhrook Park Nature Center Site. Mayor Nee asked if there has been any contact with Coon Rapids regarding this request. Mr. Sobiech, Public Works Director, stated the only contact has been with the Publ�c Works staff at Coon Rapids, however, their feeling �s there wouldn't be any object�on to a �oint powers agreement to provide the services. P4r Sob7ech explained, however, this would 6e quite a long extension and the est�mated cost would be $3,OOD to $3,500. Mr. Sampson felt the total footage �nvolved for the extension would proba6ly be about 300 feet. Councilman Barnette questioned �f the cost to provide the sewer and waier services would be pa�d by the Springbrook Nature Center Foundation. Mr. Sampson stated these costs would 6e paid with the funds from the Depart- ' ment of Natural Resources grant. Mr. Sampson explained their primary purpose for getting the facilit�es at this t�me is to commit funds, under the DNR grant, before the time limit expires at the end of this year. He stated sewer and water facilities wouid 6e brought to the site, however, the restroom facilit�es would not be constructed at this t�me. Counc�lman Barnette suggested that possibly the sewer and water facilities could be brought in when plans are drawn for the building. Mr. Sampson expTained that, if the funds are not committed before the end of th�s year, they would probably lose them. He further explained the Foundat�on has two applications to different agencies for funding. He stated, he understands, their request for funding has been given high prior�ty by the Metropolitan Council, but no commitments have 6een made. Councilman Schneider questioned if there was any chance they would not need the sewer and water facilities at that particular location on the property. Mr. Sampson stated they have two a7ternatives, either to stay with the satellites or construct something more permanent. He stated the Board hasn't voted to build restroom facilities in that area, 6ut this would be his recommendation. ' Councilman Schneider asked, in the overall plan, if the building would be located near the area they propose for sevaer and water. P�r. Sampson stated the area where they want the sewer and water facilities would be the closest to the proposed building site. Councilman Barnette felt possibly it should be decided where the building would be located 6efore proceeding with sewer and waier. REGULAR MEETI,NG OF OCTOBER 23, 197$ PAGE 3 Mr. Sampson pointed out, if the building was not constructed, the restroom facilities would be constructed near this location. He stated, in either event, whether they do or do not construct a 6uildin9, he sees a need for the sewer and water. Councilman Schneider felt eventually sewer and water would be needed and it would probably be more costly to do it at a future date. MOTION by Councilman Schneider to authorize staff to enter into negotiations � with the City of Coon Rap�ds to supply sewer and water service for the Springbrook Nature Center. Seconded by Couna�lman Fitzpatrick. Mayor Nee explained this motion does not order the improvement, but authorizes staff to contact the City of Coon Rapids regarding connections to their sewer and water system. � llPOY A UUICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. RECEIVING THE MINUTES OF THE PLANPlING fOMMISStON MEETING OF SEPTEMBER 27, 1978 ALLEN BE STAHLBERG, SP #78-10. 8053 RIVERVIEW TERRACE: Mr. Sobiech, Publ�c Works Director, stated th�s is a request for a special use permit to allow construction of a single family dwellinq in the flood plain area on the southeast quadrant of Rivei°vieva Terrace and Fairmont Street. Mr. Sob�ech stated basic requ�reme��ts must be met for the request to be considered for approval. There must be no negative comments from the De- partment of Natural Resources; the structure must be constructed relative to the flood plain so as to provide protection; and 15 feet on all s�des of the butlding must be above the flood plain level Mr. So6iech stated, as far as the City is concerned, all the requirements for the special use permit have been satisfied. Mr. Sobiech stated the Planning Commission did hold a public hear�ng on this request and have recommended approval. Councilman Fitzpatrick questioned if this request covered Lots 23, 24, 25 and 26. He potnted out that the Council's information dtd not include Lat 26. Mr. Sobiech stated the original request did incliade all four lots, 23, 24, 25 and 26; therefore, he explained thts must be a typing error as the public hear�ng notice included all the lots. MOTION by Counctlman Fitzpatrick to concur with the recommendation of ihe Planning Commission and grant SP #78-10. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. AMOCO OIL COMPANY, SP #78-11, 5311 UNIVERSITY AVENUE N.E.. Mr. Sobiech, Public Works Director, stated this is a request for a special use permit to allow construction of a car wash addition to an existing service station at 53rd and University Avenues. Mr. Sobiech stated the Planning Commission held a public hearing on this request and recommended approval with certain stipulations, as noted on ' Page 2E of the agenda book. Mr. Sobiech stated the alley that presently exists to the east of this property is now unimproved. He stated one of the stipulations recommended by the Planning Commission was, in the event the alley was improved, that the petittoner agree to pay their fa�r share of the �mprovement or, if the alley was vacated in the future, to provide the proper setbacks. Mr. Sobiech then reviewed the other stipulations recommended by the Planning Corrunission. He pointed out some landscaping improvements have been made on the south and west sides of the property and suggested another stipulation be added to cover maintenance of the � � �� REGULAR INEETLNG OF OCTOBER 23, 1978 landscaping. PAGE 4 Councilman Fitzpatrick felt there should be screen�ng to the east, regard- less of the hours of operation. He noted the petitioner for the special use perm�t is Standard Oil, but the hours of operation would depend on the lessee. He stated he was concerned because this property a6uts a res�dential area to the east and is not sure at this point, what the procedure would be for d7scussing the hours of operation, Mr. McGregor, representing Standard 0�7 Company, stated they agreed, af the hours of operation on the car wash extended past 10 p.m., they would put up a fence. He pointed out, since the Minnesota Franchise Law has come into effect, they can't exercise the control over the hours of operat�on. Mr. Herrtck, City Attorney, stated, if the Council approves the special use permit it could be contingent on certain hours of operation and woultl apply to the lessee. He stated, in this way, the City would exercise control over the hours of operation. Councilman Fitzpatrick felt the 6 a.m. opening was too early and should be Tater. MOTION by Councilman F�tzpatrick to concur with the recommendation of the Planning Comm�ssion and 9rant SP #78-11, with the following stipulations; l. In the event the alley is vacated, or improved, final improvements be made. 2 The building be surrounded by a 5 foot concrete apron. 3. On the north end, a 5 foot allowance for landscaping from the property line, and in the northwestern corner of the lot there should be sod. 4 The car wash �s not to be conducted between the hours of 10 p.m. and 7 a.m. 5. Screen�ng will be provided along the back or east side of the property. 6. There shall be continued maintenance of the existing and any additional landscaping. Seconded by Counc7lman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. REVIEW OF SIGN ORDINANCE (FREE STANDING SIGNS Mr. Dick Harris, Chairman of the Planning Commission, appeared before the Council regarding clarification of the Council's wishes on review of free standing signs. Councilman Schneider stated it was not his intent to have the Planning Commission review the entire Sign Ordinance. He pointed out there have been a number of variance requests for free standing signs and he felt the Commission should take a look at this area possibly to cons�der some formula based on the size of the builtling and setback from the main thoroughfare. Councilman Schneider stated he had no particular formula in mind, but there might be some reasonable way of determining the size of a sign by com- parison wtth the size of the building and distance from the ma�or thorough- fare. Mr. Harris felt possibly they might consider a similar type of formula they have for wall s�gns, but still keep the variance procedure. Councilman Hamern�k pointed out the City has had people saying certain signs are standard signs used in other areas and yet they didn't meet the City Code. Mr. Jim Stafford of Signcrafters Signs stated he felt Fridley is probably � , 1 � � � REC�ULAR MEETING MEETING OF OCTOBER 23, 1978 PAGE 5 more liberal than other cities and manufacturers of signs are butlding types that meet the cities' requtrements. Mr. Harris stated the Planning Commission would discuss this matter again as it was not clear before what was the Council's intent. MOTION by Councilman Hamernik to receive the minutes of the Planning Commission Meeting of September 27, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIIlING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 4, 1978• TIMOTHY P4UNN AND TOD� BLAIR; SAV #78-04 (MUNN'S HILLCREST ADDITION): MOTION by Councilman Barnette to set a public hearing on this item at the earliest possible date. Seconded by Councilman Hamerntk. Upon a votce vote, all voting aye, Mayor Nee declared the motton carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of Octaber 4, 1978. 5econded by Councilman Schneider. Councilman Schnetder stated, in the Environmental Quality Commission minutes of September 19, 1978, there is referral to the MnDOT Plan - Pos�tion Paper, and questioned what the paper consisted of. Mr. Sobiech, Publ�c Works Director, stated staff is receiving input from the Commisstons and this would then proceed through the Commission structure to the Cauncil. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the mot�on carried unanimously. SPECIAL USE PERMITS - BURDEN OF PROOF ICK HARRIS, CHAIRMAN OF THE PLANNING Mr. �ick Harris, Chairman of the Planning Commission, bought to the Council's attent�on a recent court case regarding special use nermits which changed, substantially, the burden of proof on approval or denial of a special use permit. He questioned if the Planning Commission should continue to follow the policy that the burden of proof for denial is on the City. Mr. Herrick, City Attorney, stated there was a recent case involving a suburb of St. Paul pertaining to development of a qravel mining operation where the burden of proof fell on the petitioner. He stated, however, he would be hesitant, based on this one case, to say the burden of proof has shifted as it would seem the City has the obligation to show that by the granting of a special use permit, it would be detrimental to the City as a whole or surrounding neighbarhood. Mr. Harris stated he understands then the Planning Commission is to continue the same policy; however, he requested copies of this particular case for the Planning Commission to review ENERGY COMMITTEE- (DICK HARRIS, CNAIRMAN OF THE PLANNING COMMISSION) Mr. Harris, Chairman of the Planning Commission, stated seven mem6ers have been appointed to the Energy Committee, including Mr. Jim Langenfeld, who will serve as a liason between the Comm�ttee and Planning Commission. He pointed out the persons who agreed to serve are well qualified and have good credentials. Mr Harris stated he would act as a temporary chairman for the first meeting scheduled for November l, 1978 and after several meetings, they would elect their own chairman. He explained the Energy Committee would be a sub- committee of the Planning Commission and requested clerical assistance. He felt they would need a tape machine and someone to take the minutes of the meeting � �, ��, ,;, REGl1LAR MEETING OF OCTOBER 23, 1978 PAGE 6 MOTION by Councilman Hamernik to provide clerical help to the Energy Committee. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schne�der requested the Council be provided with a list of the names and addresses of persons serving on the Energy Committee. RECFIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF SEPTEMBER 21, 1978: MOTION by Councilman Schneider to receive the minutes of the Ca61e Television Commission Meeting of September 21, 1978. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF MODIFICATION OF LETTER OF INTENT TO SUBPIIT PRELIMINARY APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT BONUS FUNDS: Mayor Nee stated this letter of intent has been revised along the lines requested by the Council MOTION by Councilman Fttzpatrick to approve the letter of intent to submit preliminary applicatton for community development block grant bonus funds. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERATION OF A SIGN PERP4IT REQUEST BY 7011 Mr. Sobtech, Public Works Director, stated this �s a request by Anoka County to permit erection of a sign at the Columbia Arena. He pointed out that all signs erected on public property require Council approval. Mr Sobiech stated the purpose of the sign is to provide identification of the arena and to identify the activit�es at this location. Councilman Schneider questioned what the requirements would be to permit this sign. Mr. Sobiech stated the requirements for private property would be 80 square feet, but there are no requirements regarding public property. Councilman Schneider pointed out this is an example of what the Counctl discussed earlier with Mr Harris regarding free standing signs. He felt, however, the sign did not overpower the building and the lot was large enough to accommodate th�s sign, Counc�lman Hamernik hoped Mr. Harris would review the matter of free standing signs with the Planning Commission since he can see some of the pro6lems that arise. Councilman Fitzpatrick felt this is a large area and could adequately accommodate the sign, Mr. Jim Stafford of Signcrafters submitted copies of the proposed sign. He stated, at this time, they do not know what the colors would be. MOTION by Councilman Barnette to grant the sign permit requested by Anoka County Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF E7(ECUTION OF LEASE FOR HOLLY CENTER LIQUOR STORE• Mr Brunsell, City Clerk, stated, if the Council approves the lease, it also authorizes the addition for the City liquor store plus the additional 30 feet He stated the lease is substanttally the same as the last lease, ' , , , � REGULAR MEETING OF OCTOBER 23, 1978 �, �I PAGE 7 except for the part relating to the buildtng addition and the fact that the City will be participattng in the cost of the taxes and special assessments on the addition. Mr Herrick, City Attorney, felt the only unusual item in the lease was the fact that the escalation clause included special assessments. He stated taxes are usually included, but not the special assessments since taxes are considered expenses and special assessments an improvement. He felt the Council may wish to determine if the item on special assessments was negotiable. Mr. Brunsell stated staff could certainly discuss this with Mr. Levy and report back to Council or the lease could be approved, without the provision on the special assessments. MOTION by Councilman Hamernik to approve the lease for the Holly Center Liquor Store, but eliminating the provision for participation in any increased special assessments. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DERATION OF A REQUE FOR AN APPOINTEE TO COh1MITTEE Mr. Qureshi, City Manager, stated this request came from the staff of Coon Rapids to appoint a person to serve on a committee for purposes of exploring the possibilities of acquiring an area for snowmobiling, mini-bikes, etc. away from the impacted areas. Mr. Qureshi stated, it is felt, the background of this proposal would be to try and have the County develop such an area. MOTION 6y Councilman Hamernik to appoint Councilman Barnette to serve on this committee Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESDLUTION N0. 106-1978 TRANSFERRING FUNDS FROM THE STATE AID FUND TO IMPROVEMENT BONDS OF 1977 FUND M�TION by Councilman F�tzpatrick to adopt Resolution No. 1�6-1478. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -1978 DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT MOTION by Councilman Schneider to adopt Resolution Plo. 107-1978 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 108-1978 DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS DF 1957, CHAPTER 385: MOTIDN by Councilman Schneider to adopt Resolution No 108-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT: POLICE OFFICER: � MOTION 6y Councilman Schneider to concur with the appointment of Thorne S. Helgesen as a Police Officer at $1,326/month, effective Novem6er 20, 1978 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. RECEIVING RESIGNATION OF MR. H. F. BERGMAN, COMMUNITY DEVELOPMENT COMMISSION MOTIQN by Counc�lman Schneider to receive Mr. Bergman's letter of resignation. Seconded by Councilman Hamernik. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimous1y REGULAR MEETING OF OCTOBER 23, 1978 RECEIVING RESIGNATIDN OF MR. DAVE SABISTINA - ENUIRONMENTAL PAGE 8 ITY COMMISSIDN. MOTION by Councilman F�tzpatrick to receive Mr, Sab�stina's letter of resignation. Seconded by Councilman Schneider, Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. CLAIMS. MOTION by Councilman Hamernik to autnorize payments of Claims No. 249F?.2 through 285891. Seconded by Councilman Schneider. L'pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES MOTION by Councilman Barnette to approve the estimates as submitted. Miller Dunwidd�e Architects, Inc. 7913 Southtown Center Minneapolis, MN 55431 Consultat�on, Planning, Preparation of Plans and Spec�fications for Reception Center Build�ng, Islands of Peace Project Period Ending August 31, 1978 Weaver, Talle & Herrick 6279 University Avenue N.E. Fridley, MN 55432 For services rendered as City Attorney for September, 1478 $ 7,839.40 $ 2,409.20 Seconded by Councilman �.�hneider llpon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously. LICENSES; MOTION by Counc�lman Schneider to approve the licenses as submitted and as on file in the License Clerk's Off�ce. Seconded by Counc7lman Fitzpatrick. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unanimously. ADJOUR�d�4ENT. MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Counctl of October 23, 1978, ad�ourned at 9:15 p.m. Respectfully submitied, ,���-� a�e �'�- Carole Haddad Secy. to the C�ty Counc�l Approved. November 6 ]978 ����� �- William J. Nee Mayor ' I� J