10/04/1982 - 00012821THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4. 1982
The Regular Meeting of the Fridley City Couneil was called to order at
7:30 p. m. by Mayor Nee.
PLEDGE �F ALLEGIANGE:
Mayor Nee led the Couneil and audience in the Pledge of Allegiance to the
� Flag.
ROLL CALL:
MEMHERS PRESENS: Mayor Nee, Councilman Fitzpatriek, Couneilman
Hamernik, Counexlman Sehneider and Councilman
Barnette.
MEMBERS ABSENT: None
PROCLAMATION - NATIONAL BUSINE55 WOMEN'S WEEK. OCTOBER 17 -?_3., 1982:
Mayor Nee stated he has issued a proclamation proclaiming the week of
October 17 through 23, 1982 as National Business Women's Week.
APPROVAL OF MINUTES:
MEETING OF SEPTEMBER 27. 1982:
MOTION by Councilman Schneider to approve the minutes as presented.
Seeonded by Couneilman Barnette. Upon a voice vote, all votin� aye, Mayor
Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
� Mr. Qureshi, City Manager, stated one item the Couneil may wish to add to
the agenda is a resolutaon for approval of a lot split for property at the
corner of Central Avenue and Mississippi Street.
MOTTON by Councilman Schneider to adopt the agenda with the a6ove
addition. Seconded by Councilman Fitzpatrick. Ilpon a voice vote, all
voting aye, Mayor Nee deelared the motion carried unanimously.
OPEN FORUM} VISITORS:
There was no response from the audience under this item of business.
PUBLIC HEARINGS•
PUBLIC HEARING ON REZONING REOUESS. ZOA 082-04 G. W. PASCHKE, TO REZONE
FROM M-1 TO C-2. 7941 AND 7981 RANCHER'S ROAD�N.E.:
MQTI�N by Couneilman Hamernik to waive the reading of the public hearing
notice and open the public hearing. Seeonded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 7:32 p. m.
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Mr. Flora, Public Works Director, stated this is a request to rezone Lots
4 and 5, B1oek 3, in the University Industrial Park at 7941 and 7g81
Rancher's Road from M-1 to C-2.
Mr. Flora stated the Planning Commission has recommended approval of this
rezoning, however, at some point in trme, if the rezoning is approved by
Council, a variance wzll be neeessary for the front yard setbaek of lots �
and 7 aeross the street.
Mr. Dave Harris, 4q0 Rice Creek Boulevard, stated that Lot 8 is already
built on and it makes good sense to move the trueking and truck parking to
the back of the property, and he would have no ob,7eetion to maintaining
the same setback of 35 feet on Lots 4 and 7.
Mr. Pasehke, the petitioner, stated as a condition of the rezonin�, he
would not ob,7ect to a varianee on Lots 4 and 7 for the front yard setback,
It was the general concensus of the Couneil that they would have no
problem with granting the setback variance, when it is requested and
advised Mr. Harris to initiate this aetion as soon as possible.
No other persons in the audience spoke regarding this rezoning request.
MOTION by Councilman Schneider to close the publie hearing. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
deelared the motion carried unanimously and the public hearing elosed at
7:�43 P. m.
Mr. Harris requested the Council proceed as soon as possible on this
rezoning request so that Mr. Paschke could began eonstruction on his
6uilding.
Mr. Qureshi, City Manager, stated if the Council so desired, the firet
reading of the ordinanee to rezone these lots could be held this evening.
CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE BY
MAKING A CHANGE IN THE ZONING DISTRICT (ZOA Ik82-O�J, 7941 AND 7981
RANCHER'S ROAD TO REZONE FROM M-1 TO C-2. LOTS 4&�, BLOCK �� UNIVERSITY
INDUSTRIAL PARK):
The above ordinanee was read in its entirety by Couneilman Hamernik.
MOTION by Couneilman Hamernik to approve the ordinanee upon first reading.
Seconded by Councilman Fitzpatrick, a11 voting aye, Mayor Nee declared
the motion carried unanimously.
PUBLIC HEARING ON THE ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES
(1982):
MOTION by Counexlman Fitzpatriek to waive the reading of the public
hearing 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 public heaing opened at 7:47 p. m.
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C�UNCIL MEETING OF QCT�SER 4. 1982 AP GE 4
Mr. Inman, City Clerk, stated the charges made under this assessment roll
are under the authority provided in State Statutes Chapter 18.023 and
Chapter 104 of the City Code. He stated the roll includes work done in
the latter part of 1981 and in 1982, with the assessment running for five
years at ihe rate of 10-1/2$ interest per annum.
No persons in the audience spoke regarding this assessment.
MOTION by Councilman Schneider to close the public hearing. Seconded by
� Couneilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanamously.
OLD BUSINESS:
ORDINANCE N0. 758 ADOPTING THE BUDGET FOR THE FISCAL YEAR 1483:
AND
RESOLUTION N0. 88-1982 CERTIFYING TAX LEVY REQUIREMENTS FOR 198� TO THE
COUNTY OF ANOKA FOR COLLECTION:
MOTION by Couneilman Fitzpatrick to waive the reading of Ordinance No. 758
and adopt it on second reading and order publication. Seconded by
Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Hamernik to adopt Resolution No. 88-1982. Seconded
by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
ORDINANCE N0. 759 RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CTTY OF
FRIDLEY TQ THE HOUSING AUTHORITY FOR AN OFFICE BUILDING:
MOTION by Councilman Schneider to waive the reading of Ordinance No. 759
and adopt it on the second reading and order publication. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
� declared the motion carried unanimously.
ORDINANCE N0. 760 RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY OF
FRIDLEY TO THE HOUSING AUTHORITY FOR A PARKING LOT:
MOTION by Couneilman Fitzpatrick to waive the reading of Ordinance No. 760
and adopt it on the second reading and order publication, Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
NEW BUSSNESS:
CONSIDERATION OF FIRST READING OF AN ORDINANCE TO VACATE PART OF 6++TH
AVENUE N. E. SAV #82-01. HOUSING AND REDEVELOPMENT AUTHORITY:
Mr. Flora, Publie Works Director, stated this ordinanee covers the
vacation of that Part of 64th Avenue lying between and ad�acent to Blocks
2 and 5, Ree's Addition to Fridley Park, to allow for the development of
an office building and parking lot in the Center City pro,7eet.
MOTTON by Councilman Schneider to waive the reading and approve the
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COUNCIL MEETING OF OCTOBER 4. Y982
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ordinance upon first reading. Seconded by Couneiman Sarnetie. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
CONSIDERATION OE FIRST READING OF AN ORDINANCE TO VACATE STREET RIGHT-OF-
WAY FOR SERVICE DRIVE SOUTH OF 57TH AVENUE N. W.. SAV �79-02� CITY OF
RID EY:
AND
CONSIDERATION OF SUPERAMERTCA AGREEMENT:
Mr. Flora, Public Works Director, stated this ordinanee covers the �
vacation of a portion of the University East Service Drive to aliow
construetion of a proposed Superamerica facility on the southeast corner
of University Avenue and 57th Avenue. He stated a public hearing on this
item was held before the Council on July 16, 1979, however, due to
withdrawal by Superamerica of construetion plans, the first and second
reading of the ordinance for this vacation was not completed.
Mr. Flora stated property owners that would be affected were notified of
Superamerica's proposed development and the special use permit associated
with this construction prior to the September 27, 1982 Council meeting. He
further stated, sinee there has been a pu6lic hearing on the vacation and
the neighborhood reeently notified again, the City Attorney has advised
the Council could proceed with the reading of the vacation ordinanee.
Couneilman Barnette asked if any of the neighboring residents have come in
to discuss this item. Mr. Flora stated, other than the two persons who
appeared at the last Council meeting, no one else has contacted staff.
Couneilman Hamernik stated he talked to the owner of the adjacent
apartment building and the resident across the street, and hey both
indxeated they had no ob,7ections, as long as the hours of operation were
from 6 a. m, to 11 p. m.
MOTION by Couneilman Hamernik to waive the reading and approve the
ordinanee upon first reading. Seeonded by Couneilman Sehneider. Upon a �
voice vote, all voting aye, Mayor Nee declared the motxon carried
unanimously.
Mr. Flora, Public Works Director, stated an agreement is submitted for the
Council's eonsideration relating to the speeial use permit and the
stipulations,
MOTION by Councilman Hamernik to authorize the Mayor and the City Manager
to enter into this agreement with Superamerica Statxons, Inc. Seconded 6y
Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee
deelared the motion carried unanimously.
ITEM FROP4 PLANNING COMMISSIQN MINUTES OF JULY 14. 1482 AND APPEALS
COMMISSION MEETING OF SEPTEMBER 21. 1982:
LOT SPLIT REQUEST. LS 4k82-04 SY A. OSCAR CARLSON TO SPLIT VACATED ALLEY,
AND VARIANCE REOUEST FOR 0'LOT LINE BETWEEN 775� SEECH STREET AND
7752-56 ELM STREET:
Mr. Flora, Public Works Director, stated this property was originally
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COUNCIL MEETING OF OCTOBER 4, 1982
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owned by the same person and the buzldings were �oined across the
vacated alley. He stated, at this time, the proposal is to sell the
building that has been built across the alley, and then split the
building turning over a portion of the huilding on Lots 21 and 22 that
extend over the alley to the building on Lots 6 and �.
Mr. Flona stated the Planning Commissa.on recommended approval of the lot
split, with the stipulation that this approval is based on approval by
the Appeals Commission of the zero lot line variance. Mr. Flora futher
stated the Appeals Commission approved the zero lot line with certain
stipulataons to which the petitioner has agreed.
MOTION by Councilman Hamernik to con�ur with the recommendation of the
Planning Commission and grant Lot Split d182-O�F. Seconded by Counciman
Barnette. Upon a voiee vote, all voting aye, N,ayor Nee declared the
motion carried unanimously.
MOTION by Couneilman Hamernik to concur with the recommendation of the
Appeals Commission and grant the varianee for the '�OTM lot line, with the
following stiFulations: (1) all existirig openings in the common wall
are closed off with 12 inch concrete block; (2) no expansion of either
building oecurs along the rear lines; and (3) the petltioner work with
the staff on amprovin� the outside development, Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
MOTION by Councilman 5chneider to receive the minutes of the Planning
Commission Meeting of July 14, 1g82. Seconded by Councilman Barnette.
Upon a voice vote, all voting aye, Mayar Nee declared the motion carried
unanimouslq.
RESOLUTION N0. 89-1982 CONFIRMING ASSESSMENT FOR THE TREATMENT AND
REMOVAL OF TREES (1982):
MOTION by Couneilman Setrneider to adopt Resolution No. 89-1982.
Seconded by Councilman Barnette, Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
RESOLUTION N0. 90-1982 CONFIRMING CERTATN DELINOUENT WATER AND SEWER
�ARGES TD THE COUNTY AUDITOR FOR COLLECTIDN WITH THE 198� TAXES:
MOTIQN by Gouncilman Harnette to adopt Resoluton No. 9o-1982. Seconded
by Councilman Schneider.
Mayor Nee thought perhaps staff should take a look at this mattter to
see how this could be changed, without the City financing these charges.
UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried
unanamously.
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COUNCIL MFETING OF OCTOBER 4. 1982 F E
RESOLUTION N0. 91-1982 CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE
LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECSIONWITH TAXES PAYABLE IN
1984 (WEEDS):
MOTION by Councilman Fitzpatrick to adopt Resolution No. 91-1982.
Seconded by Couneilman Sehneider, Upon a voice vote, all voting aye,
Mayor Nee deelared the motion carried unanimously.
RESOLUTION N0. 92-1982 SETTING AN ELECTION FOR COUNCILMEMBER FOR WARD
II:
MOTION by Counexlman Fitzpatrick to adopt Resolution No. g2-1982.
Seeonded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Nee deelared the motion carried unanimously.
RESOLUTION N0. 9�-1982 APPROVING A SUBDIVISION. LOT SPLIT #L.S. 82-D6 AT
THE CORNER OF CENTRAL AVENUE AND MISSISSIPPI STREET:
MOTTON by Councilman Sehneader to adopt Resolution No. 93-198z.
Seconded by Couneilman Barnette. Upon a voice vote, all voting aye,
Mayor Nee deelared the motion carried unanimously.
RESOLUTION N0. 94-1982 DESIGNATING POLLING PLACES AND APPOINTING
ELECTION JUDGES FOR THE MOVEMBER 2, 1982 GENERAL ELECTION:
Mayor Nee stated there is a recommendation from staff to increase the
pay for the election �udges.
MOTION by Councilman Fitzpatrick to adopt Resolutaon No. 94-1982, with
the amendment of the compensation from $3.35 per hour to $3.65 Par haur
for Regular Judges and from $4.35 per hour to $4.75 per hour for
Chairmen of the Election Board. Seconded by Couneilman Sehneider. Upon
a voice vote, a11 voting aye, Mayor Nee declared the motion carried
unanimously.
RESOLUTION N0. 95-1982 OF THE CITY OF FRIDLEY. ANOKA COUNTY�MINNESOTA�
AUTHORIZING THE ISSUANCE OF $2.000.000 AGGREGATE PRINCIPAL AMOUNT
CDMMERCIAL DEVELOPMENT REVENUE SONDS - KUETHER ➢ISTRIBUTING COMPANY
PROJECT:
Mr. Inman, City Clerk, siated Kuether Distributing Company has plans to
build a disribution facility in Fridley and a public hearing was held
reg2rding the issuance of the industrial revenue bonds.
Mr. Inman stated information was �iven to Council on the bond sale and
all the necessary documents have been reviewed by the City Attorney's
Office,
Mr. Inman stated Kuether's attorney is present if the Council has any
questions,
MQTION by Councilman Barnette to adopt Resolution No. 95-1982• Seconded
by Councilman Fitzpatrick. Upon a voice vote, aZl voting aye, Mayor Nee
declared the motion carried unanimously.
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COUNCIL MEETING OF OCTOBER ll 1982 PAGE 7
RECEIVING RESIGNATION AND MAKING NEW APPOINTMENT - ENVIAONMENTAL OUALITY
COMMIS�IO :
MOTION 6y Councilman Sehneider to receive the resignation of Jon
Erickson from the Environmental Quality Commission, Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
deelared the motion carried unanimously.
MOTION by Councilman Schneider to table the appointment to this
Commission. Seconded by Councilman Hamernik. Apon a voice vote, all
voting aye, Mayor rlee declared the motion carried unanimously.
LICENSES:
MOSION by Councilman Schneider to approve the licenses as submitted and
as on file in the License Clerk's Office. Seconded by Couneilman
Barnette. Upon a voice vote, all voting aye, Mayor Nee deelared the
motiun carried unanimously.
CLAIMS:
MOTION by Councalman Barnette to authorize payment of Claims No, 262547
through 273N10. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
COP4IENDATION - FIRE DEPARTMENT:
Councilman Hamernik stated he fe1t, in con3unetion with Fire Prevention
Fleek, it would be in order to send a letter of commendation to ihe Fire
Department in appreciation of their efforts in this field.
MOTION by Councilman Hamernik to request staff to send a letter of
commendation to the Fire Department. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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MOTION by Councilman Schneider to adjourn the meeting. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the Regular Meeting of the
Fridley City Council of October $, 1982 adjourned at 8:12 p, m.
Respeetfully submitted,
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C�t✓� t/ �'�2.�-�p-'�'�'L ,�
Carole Haddad ��� � William J. Ne' /
Seeretary to the City Council Mayor
Approved: October 25, 1982