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09/12/1983 - 00012492'T47F MT[�7'f'F'S OF '1'FTF R�n AR MEETTNC' OF THE FRTDLF't' CT'TM' CQD?�1CIL OF �� 5��3ER � 2. i 983 '7he Regular Meeting of the Fridley City Council was called to ordex at 7:30 p.m, by Mayor I�ee. PIa�'E OF Ar.rF.r.TANrF- Mayor Nee led tl�e Council and audience in the Pledqe of Allegiance to the Flag, ROLL CALL: � MEMBERS PRESENr: Mayor Nee, Counczln�an Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatxick hiET4BER5 ABSEDTP: None ..t�� . • � .11�.� • I �I�y�:�; �� = �e7�li�ii�H Mayor D]ee stated he has issued a proclamation which proclaims Septembex 23, 1983 as Hiuman Services Network Day in the City, He urqed all citizens concerned with the quality oi humari services available to the resiclents of the City to join with the Anoka County Human Services Dletwork in this observance by taking an active �rt in networking activities sponsored hy this organization. APPExJVAL OF MINOTES: �� A� �. ` ei �li�'I�H MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Dlee declared the motion carried unanimously. � ADOPTION OF AGEDIDA: Mayar P7ee requested the communication from Darlynn Ronn regarding the use of black-fly-ash/salt mixture be moved to the Opei? Forum section of the agenda. MOTION by Councilman Hamernik to adopt the agenda wYth the above charige. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •• � �• 1 •, ��,' •� uN�M� •�J l'M •�D •� Mr. Robert Chrisman, representing Woocscrest Baptist Church and Academy, appeared before the Council regarding a clonation fox use in the City's park program. � �:�C'U �i.l� __ � �. • ��s�:?�; •ZeL�i'a Mr. Chrisman stated Fridley has the finest facilities available in con2parlson with other commumties, and they appreciated the use of these facil�ties. A donation of $2Q4 was presentea to the City to show their agpreciation. On behalf of the City and Council, Mayox Nee thanked them for their contribution to the park grogr�un. � �� '- , � •� • ; � i �- � •' •� Mr. Bale Hadtrath, representing the City's insurance carrier, stated he had � the honor of recently gresenting the City wxth a dividend check due to their safety program, Mr. Hadtrath then introduced Ms. Joanne Laney, representinq the Home Sr,surance Gompany who presented a certificate of inerit for accident prevention. She stated Fridley should be proud of this award as only 10� of their policy holders qualify to receive such an award. Mayor Nse accepted the award on behalf of the City and thanked Ms. Laney for presentation of the certificate of inerit for accident prevention. � •« � ��• �i� •,��l� .• �S�yu: Ms. Ronn appeared before the Council regarding the City's use of black fly-ash on the City's streets in the winter. She stated she was concerned not only with the aesthetics, but also the types of chemicals found in this fly-ash which may exceed health standards. She stated the black fly-ash runs into Rice Creek and the Mississippi Rxver and felt water samples should be taken in these areas. Mayor Nee statec3 the material Ms. Ronn submitted was very interesting, however, there was same contradictian on what she had presented and what they have been told. He felt he would like a more complete report on the � facts. Mr. Burch, Public Works Department, stated there are many advantages irr usiny black slag because it stays in place longer and tends to melt the snow faster. Councilman Fitzpatrick stated Ms. Ronn mada the point the City is using a different material than what the County uses and that the City's material contains a higher portion of salt than what the County uses. Ms. Ronn stated some co�mnunities have become so envirornnentally minded they refrain from using any salt at all on their streets. She felt the City shoulc� go back to the natural state and only use sand on the stxeets, The staff is to check the infors�ation further which Ms. Ronn submitted and provide Council with a more complete report regarding the facts on the use of black fly-ash on the City's streets. � ��. A. _ u_��! _ �. • _ �ya� . : ;. 71 �1 ��_ Ms •, Y L � 9 = PAGE 3 �l ,� I Mr. Ken Moxness appeared before the Council regarding recxeational facilities in the area of the Race Creek neighborhood. Mr. Moxness stated there are a large number of schaol age childrer, in this area of the Tinber Ridge condominiiuns and the Townhouses, as well as those who reside between Old Central Avenue and Stinson, and also the Harras I,ake area. He felt in these areas alone, there are probably around 400 children ranging in aye from kindergarten to sixth grade. � Mr. Moxness stated, with the sale of Rice Creek School, the playground area has a good chance of being destroyed or eliminated and they woulc� lack playground facilities in this area of the Clty. Mr. Moxness stated he would suggest to the City, when they are considerang the budget, to include funds for the purchase of Rice Creek School and perhaps to make this a �oint venture with the County. Ne felt if the County should choose to purchase the building and the City purchase the land, where the athletic fields and rink are located, the gym in the school building coulcl also be used for recreational purposes. Councilman Schneider stated he spoke with Mr. Moxness and several other neighbors and suggested he come to s�ak to the Council. Councilman Schneider stated the City has been fortunate, over the years, to have cooperation with the School Baard in reyard to sharing the Rice Creek School property, He stated the key problem with the rec�uest made by P1r. Mo�cness is it is very expensive, and it is a significant increment over and above the normal budgeting process. He stated the question is, if the City wished to purchase the property, how thep woulc7 come up with the funds, Mayor Plee felt a study and report should be made by the Parks and Recreation Department to determine what is needed to make it viable. Mr. Curt Loschy, 1399 66th Avenue, statea the residents feel the recreation � area on the school property is very valuable to the community and they would like to see it rPmain and possibly the rest of the property develop into residential. He stated there are a lot af fears it will be used for ap�rtrnents or a larger density. He stated anythinq the Counc,tl coulc� do would certainly be appreciated by the neighhorhood. Councilman Schneider asked when the School Board wou1�3 take action on this groperty. Dr. Lapinski, a memL�r of the School Eoard, stated they are looking for a realtor to promote the property, but they reallp haven't given it tao much thought. CounciSman Barnette spoke regarding the reqvirement for a Fark fee or land dedicated for �rk purposes in develo�xnents within the City, Mr. Moxness stated he understands the Schaol Eoard wishes to have the County purchase Riverwood School and, if this is the case, would the Caunty � �'�X�s � � _, �� . • ��i:_s ob7ect to purchasing Rice Creek School instead. He felt better arrangement, as the build�ng would then be ad�acent property. F�Cei�! this would be a to County park Dr. Lapinski stated the Citizens Advisory Committee recommended to the School Board that they look into disposing of these properties, however, the County hasn't indicated they are interested in purchasing the property. Councilman Schneider felt perhaps staff could do a study on the various alternatives for the area and what would be needed in the way of acreage for land for use as a g�rk. He thought perhaps there should be an informal � discussion with the School Board on possibilities of purchasing the land, without purchasing the building. Councilman Schneider stated he felt Mr. Moxness wanted the City to take a very active role in defining alternatives and in generating a list of options. Nr. Qureshi, City P4ar�ger, stated it is difficult to come up with options, when the School Board doesn't know what they want to do with the property. He stated he can see what is needed, but it has to integrate with the other use of the pxoperty. He stated, if Council wants a report on the minimum amount of sFace needed to accoimnodate the recreational facilities, this coulc7 be dane, Councilman Hamernik stated this is an area somewhat void of recreational property and he would like to see what staff feels would be a viable piece of park property at that location. Councilman Fitzpatrick stated he believed the City should do what it can to preserve part of the property for park purposes, unless they can duplicate something similar elsewhere in the neighboxhood. MOTION by Councilman Schneider to direct staff to prepare a report covexing: (1) their estimate of the minimum facilities required £or recreation in the area of Rice Creek School, Timber F.idge, and Rice Creek Tcaanhouses; (2) make some infoxmal inquiries with the County regaxding potential 7oint funding of any future acquisitions and/or the County locating at Rice Creek School, as an alternative to the Riverwood facilities they are now using. Seconded by Councilman Fitzpatrick. Upon a vaice vote, all voting aye, Mayor NEe declared the motion carried unarumously. lu'Ti�Y��fif�i�•�Yy •�+�:if�N�a Councilman Barnette urged all District No. 14 residents to search their hearts and preserve one of the finest school districts in the �tate of Minnesota by casting an affirmative vote for the school referend�un. Dr. Lapinski of the School Board stated they have financial problems in District No, 14 and, in 1984-85, the School District will be broke unless they have either a new source of revenue or cut studies and programs. � � � � � �� 1� 4—� -�, � ��4�yi:?+S _ ��I:ki s� �y r, PAGE 5 � " ` He stated residents of the District will vote on a 6.5 mill referendiun, but zt will have the effect of 3 mills on the taxes, because they will not levy the 3.5 mills on the de6t redemption. He stated this would only be for a five year period and, hopefully, something will change by the end of this time. F3e stated the School Board has cut over a million dollars our of the budget and, if this referendum doesn't ��s, rt will have a dramatic impact on the school system. . � �11_ =s y �� •� �iJ_ � : 1 �� •� •� i� � �� s �+ �� • �. .. . � � , �L _�� ' a� • ��•� ��• �n •�� •� • �-_�. � �� •� � � 11 • :�•�! ��•� � MOTION by Councilman Hamernik to waive the reaciing of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declarect the motion carried unanimously and the public hearing opened at 8e20 p.m. Mr. Lurch, Public Works Department, stated this vacation is requested to allow the expansion of a clinic at 500 Osborne Road. He stated� in con7unction with this vacation, the petitioner is rec�uested to provide an easement around the building and pay for any expense of relocating the utilities. Mr. Burch stated the Planning Commissior recommended approval of the vacation providing a new easement is obtained for drainage and utilities. Mr. McKee, the contractor for the addition to the clinic, statetl there are no public utilities in the easement now, but only private ones. He stated they have found there isn't a telephone company cable, however, there is an old abandoned water line and sanitary sewer line which serves only the climc facility and this would be reroutec7 around the building. He stated there would be no expense whatsoever to the City and there will be private lines to serve the clinic. No other persons in the audience spoke regardig this proposed vacation. MOTION by Councilsan Barnette to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimausly and the public hearing closed at 8:27 p.m. f' S_ .� :--�,. �� Y.i -_ �—_n. ai �, n �._ :ai�,i_� _ ,. i,i� MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Secondea by Councilman Pitzpatzick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8;27 p,m. Mr. Qureshi, City Manager, stated the total budget proposed for 1984 is $7,357,113 which is a 3.790 increase over 1983 buGget. `� F R ,ti ,J , _ ��Ii�C _ u �, • �4�ui: Mr. Qureshi stated the total amount for revenue sharing is $187,OOC1 and includes proposed e�enditures in the areas of City Management, Police. Fire, Park, Recreation and Naturalist Resource Departrnents. Mr. Qureshi stated there are no new programs proposed, and it is a balanced budget as required by the City Charter. No persons in the audience sFoke regarding the proposed 1984 budget. N�TiON by Councilman Barnette to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared � the motion carried unanimouslyy and the public hearing closed at 8:30 p.m. 3. PUBLIC HEARIN(' ON A POSID P ECT A THE T AN['F' OF APPImXI[•LA'�'F'rY S4 300 000 II�➢7U5'�'RrAT. DE�'LDPM�vr' lZ��'nirJE HOAIDS - FRA�{ SHEER AS�'IATFS• MOTION by Councilman Fitzpatrick 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 hearing opened at 8:31 p.m. Mr. Qureshi, City Manager, stated this proposed facility, to be financed through industnal develapment revenue bonds, is located sauth of 77th Avenue and east of the railroad tracks and encompasses about seven acres. He submittec3 drawings of the proposed building to be constructed. Mr. Tanger, Langer Corrstruction Company, stated he was the co�ntractor for the pro�ect and representatives of Johnson Printing Campany were present to answer any questions. Stuart A. Tn7eitzman of Johnson Printing stated their compe�ny has been located in Minneapolis since 1950 and in looking for an area to expand, a site was selected in Fridley due to the cooperation they received from staff . He stateci they currer�tly employ 85 peopie and, with the expansion, it would � be over 100 employees. Ee stated Johnson Printing is a full service commercial printing company and they also m�iufacture �ckaging. He stated they hoped ta begin construction next month and start operations by next spring. Mr. Jim Casserly, 0'Connor and Hannan, stated they are in the process of concluding f�nal negotiations with First D7ational Bank of St. Paul and some form of credit guarantee would be provided by the bank. He stated he assinnes the bonds will be publicly sold, but didn't know exactly what form it would take as this is still being negotiated. Mr. Dick Harris, 6200 Riverview Terrace, asked if the entirn parcel was being purchased. Mr. �ureshi stated the property is being split by the avner and only seven acres will be purchased for this facility. � ��.J� u_ �. • �4y�i:�; Mr. Harris asked how the additional traffic wo�ld be handled as the intersection at Osborne Road and Main Street gets ver�� busy. Mx. Harris was advised that the first shift at this facility would begin at 7:00 a.m. and end at 3:00 p.m, and the second shift would be over at 11:00 p.m., therefore, they didn't feel there would be a groblem with the normal rush hour traffic. Mr, Qureshi, City Manager, stated the City has made a formal request for upgrading Osborne Road between Com[nerce Lane and East River Road. � Mr. Inman, City Clerk, stated the estimated value of the building, including contents, is about $4,000,000. Mr. Casserly stated the value sub�ect to taxes would be about $2,500,000. No other persons in the audience spoke regarding the issuance of industrial revenue bonds. MOTION by Councilman Hamernik to close the public hearing, Seconde� by Councilman Schneider. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously and the public hearing closed at 8:40 p.m. !_;_- �l-,_ ��._ � • •� • ., ...� ��1s��, • . , St �� i • : �� M�TION by Councilman Fitz�trick to table this item to the next meeting. Seconded by Councilman Schneider. [Ipon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimousiy. ••� �� • � �n � .��9�• .� • i • � �� I�� 4 �� uld ••�I•� �i � � �' �D ii N •� 1 1 � MOTION by Councilman Hamernik to waive the second reading of Ordinance No, 782 and adopt it upon second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, . � • � �� n �, y.�_9i9�; . � _ • � �� J� �� • 71�_ �. ��L�J.� •� . 1 _ 1 • MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance Ivo. 783 and adopt it on the second reading anrl order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayar Nee declarec3 the motion carried unanimously. •'� _� � •.s�i� ► �_;_�9_: . � • � �� i� �, � •: u� ► •� .1 MOTION by Councilman Schneider to waive the second reading of Ordinance No. 784 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declare� the motion carried unanimously. � 2�u `?�� y.l� _ � ��., • • ��: �: ••�, iLL LL� I� l :s��C .1 • 9sl • �_ •�11 �1 Y �I� �iU.• �, � •: U. :u�l1i� 1. 1� •� .1 F�Te�7 MOTION by Councilman Schneider to waive the second reading of Ordinance No. 785 and adopt it on the second reading and order publication. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. l+1�2�:?I��+LxX� 9. CONSIDERATION OF POSSIBLE CITY ACTION REGARDING HAZARDOUS WASTE SITING � IN FRIDLEY: Mayor Dlee stated the Council requested staff to respond to what actions the City might take regarding the hazardous waste siting for Fridley, Mr. Qureshi, City Manager, stated what staff has proposed is to (1) look into the City's zoning regulations for ad7ustrnents in order ta control such a development in the community; (2) work to get as much �exposure and publicity and support from other coi�ununities and their represe�ntatives who use Minneapolis water; and (3) check into the possibility of getting cost estimates frrnn law firms competent in this field in case the CYty wishes to proceec3 with a legal zction. Mr. 4ureshi, City Manager, stated if a hazardous waste site was proposed in Frioley, it would require approval by the Pollution Control Agency, after an environmental impact statement, and appropriate testimony from the community would be heard. There was a question from a person in the audience if any of the actions cutlined by the City Manager had been taken or if they are only proposed. She stated she felt there wasn't enough publicity given to this issue and the residents weren't fully informed, and requested a firm stand by the Council to take action this evening. Mr. Qureshi, City Mana9er, stated this issue has been in the City's � newsletter, as well as radio, T.V. and the local and Minneapolis news�pers . Councilman Schneider stated this is the first regular Council meeting since the Waste Management Board's decision. He stated at the Council's conference meeting, the staff was asked to check into law firms competent in this field, as r.o one wants a waste site in the City. He stated they are trying to come up with a plan and proposal that makes some sense, and agreed action should be taken at this meeting. Councilman Schneider stated he felt the citizens were informed, as this issue has been in the newsletters, news�pers, as well as on television. A gentleman in the audience stated he felt this issue had been downplayed and the citizens are looking for some leadership from the Coumcil to prove the negligence of the people who are proposing such a site for Fridley. He felt this issue should be addressed immediately and a stand taken to protect everyone's health. � ��.1� ui_ �. � _�4a�: �; • • ] Another person in the audience urged the Cauncil to do their best to keep a waste site from going into the City. Mr. Herxick, City Attorney, stated thete are pxobably three thzngs the Counci� should consider. He stated, in order to commece legal action, this has to be done within 30 days firm when official notice was received, He suggested it be started by serving a summons and complaint which woulcl involve some depositions and researching files and records, He stated the cost estimate would certainly be in the upper limits, but didn't feel that amount of money would have to be committed to start � proceedings, Mr. Herrick stated the designation of this site means, in a sense, some of the local control has been preempted. He stated he believed the staff's suggestion to tighten up all zomng is somethin9 that should be done, but because of the nature of the State 1aw, the City no longer has complete control over a veto of such a facility. Mr. Eerrick stated it would seem to him one certain way to prevent this facility fram locating in Fridley would be to actively attempt to find land user� that would use up the vacant s�ce before a proposal is received for such a facility. He £elt it should also be mac3e known to any private concern who wants to construct such a facility in Fridley that they are not welcome and the City woulcl take any means within their authority to see that a permit is not issued. Mr. Herxick stated the City could also challenge the environmental impact statement and if this goes to court, it certainly would be time-consuming for anyone who wanted to construct such a facility. Councilman Hamernik asked what would be the estimate on the ntmiber of hours involved to determine whether we have a 5�/50 chance of being successful in a court case. � Mr. Herrick stated it is difficult to give an hourly figure, as research would have to be done and records inspectect. He estimated possibly I00 hours of work should c�ne close to knowinq if you have a resonable case or not, � Mr. Herrick felt the legal action is �ust one of the ways they can proceed and other avenues should be explored outside the courtrocm. Mayor P]ee stated he thinks the Council, as well as all residents o£ Fridley, shaze the outrage on what they perceive to be an unxeasonable procedure by the Waste Management Board. PtOTION by Councilman Schneider to authorize and direct the staff to hire a legal firm to initiate action against the Waste Management Board's decision in selecting Fridley is a hazardous waste site and to be sure tYiis filing takes place prior to the deadline. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayox Nee declaxeC the motion caxried unanimously. �� •�.1�� _�. � �9�!ul: �: � A gentleman from the audience questioned how soon samething may be built on this site in Fndley. Mr. Aerrick stated a request would have to come fram some private firm who wants to develog this as a hazardous waste site. He stated there are a n�nnber of sites designated throughout the metropolitan ar�ea; however, hazardous waste facilities wouldn't be built on all the sites, Mr. Herrick stated the Pollution Control Agency does not get involved until such time as there is a proposal to construct such a facility on one of the designated sites. He stated, at that time, there will be an environmental im�ct statement which is an indepth study of the site and recar�nendations � if the site was compatible, the safeguards required, etc. He stated the Pollution Control Agency would have to approve any operating permits. Councilman Barnette stated the site designated by the Waste btanagement Board is a logical site for other industry and if develog�ment can be encouraged, there is the possibility the City may not have to worry about a waste facility constructed at this location. � !� � ' _��l� ,� u�l • � �l 1�SLa. • � ei ' : 1 �, •' '�I• 1. • ��, •'�I\ A 71� •• C� ' �l 1 Mr. Mark Burch, Public Works Department, stated this is a request for a special use permit to ena�le United Stores to set up an outside tent area for display of inerchandise about three times a year. He stated they gresently have some outdoor display of their tents and the request is to put up a tent for special sales sever�.l times during the year. He stated the special use permit is for outdoor sales. Mr. Burch stated the Planning Commission recommended approval of this request to allow retail sales in the outdoors wath the following stipulations: (1) the special use permit continue on an ongoinq basis with yearly staff review; (2) the erection of the large tent be limited to a total of 16 days per year; and (3) to allow the display of camping gear artd � tents outside tc be set up and taken down during store hours. Nlr. Qureshz, City P7��ger, suggested if the special use permit is agprovec3, the staff should review it every year and the Council sho�ld review it after three years. MOTION by Councilman Hamernik to cancur with the recommenc�ation of the Planning Commission and grant special use permit, SP #83-06 to United Stores to allow the use of a tent for 16 days per year for outside display of camping gear and tents which would be taken down during the hours the store is clased. Further, the special use permit be on an angoing basis with a yeaxly staff review and reviewed by the Council in three years. Seconded by Council�rar, FitzFntrick. Upon a voice vote, a17, voting aye, Mayor Nee declared the motion carried unarumously. � � �� 1� _ _ ti_ �! ��. • _.��l�:?�: ' : PAGE 11 1 1 � •' ; L 1 • �_ � U. �l � �L�_ e � 'J1 � ' �I�' �� • • :1 � H (' { • � — Mr. Burch, Public Works Departnent, stated the Stanaard Oil Station woulc� like to install a car washing facility ar:d has agreed to the following stipulations recommended by the Planning Ccrmnussion: (1) petitioner work with the City staff on landscapzng plans; and (2) a 15 foot sanitary sewer easement be retained on the south side of the property, � N�TION by Councilman Schneidex to concux with the recommendation of the Planrring Conunission and grant special use permit, SP #83-07. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ty�l •S ' : _ 1: � � i �� • . �• � •:� •�. • ' � � � �� ' •�_�, •_u�r •�� , �� •� 11 • ,�;� •�� MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant special use permit, SP #83-OS to allow expansion of a clinic at 500 Osborne Roac3 N.E. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � a ;i� •• i �� . � � . •: [:; :� • _�«�._.•- � �ul • •�i� � H, �U�IJJ� �.. � � � - . � � �, � ,l � Mr. Kenneth Ingram, the petitioner, appeared before the Council regarding the request to increase the size of a free standing sign for the service station at 7600 University Avenue. Mr. Ingram stated their present sign is 75 square feet and they woulcz like � to relocate it on Osborne Road and put a new sign of 108 sqaure feet cn University Avenue. He stated they are allowed two signs as theY are located on a corner lot. Mr. Ingram stated the Appeals Commission stipulated they work with tYie staff on additional landscaping which he estimated would be around $5,OD0. Councilman Fitzpatrick asked if it was a fact i:hat because it is a corner lot, they are allowed two signs, Mr. Burch stated they have frontage an two sides that is why two signs would be allawed. Mr. Ingram stated the existing 5ign is under 75 square feet. Councilman Hamernik asked if that includes the pricing or identification only. Mr. Ingram stated that is the total sign. Councilman Fitzpatrick stated what bothers him if rt is a fact they can have two signs, because they are a corner business, every service station in the City is on a corner and they may have many requests for additional signs. � �,�l�i L�_� 10 D2. 11 �� A_ u �l �. � �awa�ie �S— ---� ' - ..x��y� Councilman Barnette stated he is all £or keeping business in Fridley and doesn't have any ob�ection to it himself, but it se�ns they are making an awful issue out of signs for businesses that serve the residents of Fridley. Mr. Qureshi, City Manager, suggested the item be tabled for further information. Mr. Ingram was advised it would come before the Council at their next meeting. N�OTION by Councilman Hamernik to table this item to the riext meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Dlee declared the motion carried unanimously. �� _ � •�� •� •� � �;� -�M �+u �; � �� •M � • �� •� • �.��" �1 � ��S � 3� _ �. �� J,�� :�� l�u Mr, Burch, Public Works Department, stated the Ground Round Restaurant woulc� like to construct an addition on the corner ef their building. He stated however, they have a problem with the setback requirements and most of these problems occured as a result of rightrof-way taken for Highway 65. Mr. Burch stated the Appeals Canmission has recommended approval of the vanances with the stipulation the petitioner work on the landscaping, as well as making some improvements in the parking area and providing accessibility for the handicapped. Mr, Polk, representing Ground Round, stated they are willing �o do anything requested by the City in order to enhance the property, He stated they would put in additional handicap entrance areas and ramps, as well as additional landsca�ing. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Conunission and grant the variances to reduce the required front yard setback from 80 to 75 feet; to reduce the required side yard setback from 80 to 60 feet; and to rec3uce the parkinq lot setback frorn 2Q to 5 feet with the following �tipulation: the petitioner work wlth staff on landsc�zping; upgrading the p�rking lot striping; and addinq handicapped entrance areas and ramps. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to receive the minutes of the Planning Coanmission Meeting of Auqust 24, 19ffi. Seconded by Councilman Fitzg�trick. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carrie@ unanimausly. • �I \I i " Y �/ •i ��ulu �l u �f Y4 � ' !1 MOTION by Councilman Hamernik to receive the minutes of the Cable Television Conunission Meeting of August 11, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' � .e,�, � A, . ��y�ui: �; � � '- �- �� •: �_ y�i � • � � ��: � .r �� i � � � � • re+;? � �._� • s�� I_. r • �� I�� ,��. �� u_ �� • r:� •:.� � �� , s �. � M�TION by Councilman Hamernik to adopt Resolution No. 75-1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • �, \• ': S�� 'S _ ,�; ";��' • � •�� 1 C e 1�_ . i� _ :� � I�I �' ?!�' ; S_' : . "�•�ti�_ � � 4_�.11L_ • ' �I\��I� `\I� ��1� � �. , . � �. �. ...�� [�_ ' I� ' �e�i._ �\�. ' �: �\ � \ ��.�1 l� i:_ � - � 'i �� ' �� 'J McYPION by Councilman Barnette to adopt kesoluta.on No. 76-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor NEe declared the motion carried unanimously. ;_ � _. � � �.� �I:I� , . . ;.� � �.. _� u..� � �� • �� ' �,i • � ��'7 •�� Mr. Irunan, City Clerk, stated this reolution is in con�unction with the public hearing held regarding modification of the HRA development districts frwn three separate districts into one, referred to as a Pro�ect Area. Ae stated, by combining these districts, it allows more flexibility in tern�s of actions within those dlstricts, He stated thi5 resolution doesn't move any funds or add to the tax increnent at this time. Mr. Jim Casserly, O"Connor and Hannan, stated, at this time, this is a procec7ural and plamm�g device. Councilman Hamernik questioned if tax increnent from a given district could be used in another district for land write-dawns, etc. Mr. Casserly stated tax incr�nent in any district can be used anywhere in � the Pro�ect Area which includes all the existing ta�c increment axeas being combined into one Pro�ect Area. Councilman Schneider stated he thought he heard a diiferent answer last time this was discussed and was told it was difficult to move funds. Mr. �ureshi, City Manager, stated any moving of funds would requare the Council's approval. If the Council chooses to move funds, they have the autharity. He stated the basic purpose is to develop a holding mechanism to have one base to provide a reserve system that, hopefully, can help all the districts. Councilman Schneider asked if there are �rotectiors built in so the tax increment isn't shifted from one district to another within the Pro�ect Area. Mr. Cassezly stated the truth is it is all City money and when general obligation bonds are issued, the City is responsible in some f-ashion. He felt, if a future Council doesn't have the insight to put inta reserve to p�y the bonds, there is nothing that can be clone. i� ��_� (l � E� F` .V ��lJ�l _ �l � ��i �� Councilman Schneider stated a situation can be created where a tax increment district cannot develop further because oE increment taken for something else. Mr. Casserly stated, if the City approaches development 7ust on a piece-by- ptece analysis, some will work out and others wxll not work. Zhe effort ls to try, when possible, t� coordinate it. There is nothing in the resolution that sugqests any fund transfers, except it pxovides the ability for the Council to do so. Councilman Fitz�trick stated it seems what Councilman Schneider describes is something the Council would have to choose to do. Councilsan Schneider felt there wasn't a good checks and balance system, as a lot of what they do in regard to tax increment financing and redevelo�arient comes from the reconunendation of staff and other groups, and they are the same persons who advise the f3ousing & Redeveloianent Authority. He stated he is not suggesting any improprieties, but if different persons and bodies were reviewing recommendations, scenething that is wrong pro6ably would be caught, Mr. Intnan, City Clerk� stated there are many persons watching over the City's procedures such as Moody's, the bond counsel, and auditors so he felt there was a system of checks and balances. Mr. Irmk-m stated if you are going to have a reserve, there is no way to build one up under three se�rate districts. Councilman Schneider stated he would feel irrore comfortable if there was some check and balance system between the HRA and Council and, if the FiR� had sorne policy set down on who would receive funds. Mr. Qureshi, City Manager, stated if the HRA wishes to use this tool, they cannot do it without the Council's approval. Mr. Casserly stated the underwriters are extremely conservative and, as � soon as the City is in a position to get some kind of rating for the fund, the rating agencies will be involved, He stated his experience is the process is so slow and underwratinq requirements become so difficult, the clynamics that take place is how to loosen them in order to get more projects approved. MOTION by Councllm�n Fitzpatrick to adopt Resolution No. 77-1983. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee cieclared the motion carried unanimously. This item will be discussed further at the Council's conference meeting. • • � • � : �� . . , . � _ • � � �i� •�� • �y •� •� , �. ,LS: s_ ;I _�I ��, k 1: Y a�: .;� � �. :��i��•• 4. • Li4u�: MOTION by Councilir�an Fitzpatrick to adopt Resolution P7o. 78-1983. Seconded by Councilman &arnette. Upon a voice vote, all voting aye, Mayor Nee decl�red the motion carried unanimously. � � ' LJ [�� Ju _ u � _�, • _�4o-!�iS_; .. �C�� . �� 71•� • • �_ � � �� S ClC•M � "S � �)la� �' \:� "JI,�I GBI•'JI� •�� .,I� "r_'+ � y� � � s �1�' l• "Jll��ll: •'JI� � � • � ' � 17. 1$. 19. 20. 21 Councilman Barnette asked how property woulcl b� given back to the groperty awners if they don't want it, Mr. �lureshi, City Manager, stated, in ome cases, they may not be successful in returning the property back to the property c7wner. He felt, however, there shoulcl be a policy regarding the turnback of property to the owners. MOTION by Councilman Barnette to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. RR .7TTON N0. 79-198'i DTgg�7' p�R.PARATION OF MENT RO �i, FOR 1983 SERVICE CONNECPIONS: MOTION by Councilman Hamernik to adopt Resolution No. 79-1983. Secondec3 by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl�red the motion carriecl unanimously. RFSOLLITTON NO 80-� 983 DTRCPTNG PUBLICaTION OF HE�RT� ON PROR'�.SED ASSESSMENP ROLL FOR THE 1983 SERVICE CONNECTIOISS: [�TION by Councilman Schneider to adopt Resolution No. 80-1983. Seconded by Councilman Barnet�e. Upon a vaice vote, all vota.ng aye, Mayor Nee declared the motion carried unanimously. RFSQLI7`I'ION NJ 81-1983 DIRECPIN(' PREPARATION OF THE FINAT. A3SESSMENT ROLL FOR TRF1�'IMENT ADID RII�K)VAL OF TREES (1983) - MOTION by Councilman FitzFatrick to adopt Resolution No. 81-1983. Seconded by Councilman Schneider. Ugon a voice vote, all voting aye, Mayor Nee declared the motion carriec7 unanimously. E2ESOLUTION N0. 82-1983 DIRECPING PUSLICATION OF HEARING ON THE PROPOSED A�,�FSSntr':n� Rpr.T, FOR THE TREA?!�F?�?' ADID REMdVA?� OF TfZ�=S (1983) : MOTION by Councilman Hamernik to adopt Resolution No. 82-19&3. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor A?ee declared the motion carried unanimously. RF'SOLUTION NO 83-1983 '�'O ADVERTIS� FOR BIDS FOR 1983 CIVIC CENTER SPRTNKLER SYSTEM PROJEGT - IL)WER LEVII,/FIRE STATION• MOTSON by Crauncilman Schneider to adopt Resolution No, II3-1983. Seconded by Councilman Barnette. Upon a voice vote, a11 voting aye, Mayor I�ee declared the motion carried unanimously. 22. RECEIVING BIDS ADID AWARDING CdATrRACT FOR EY)UR-WHEEL TRACPOR TAAI7ER (BIDS OPENID 9/B/831 : MO'PION by Councilman Barnette to receive the bids for a faur-wheel tractor Loader. ?�.?r �� A. . _ _ �. • �'��i: �; (BIAS �Ni'INUID) Vendor Zeigler Inc. �`+$ Blq Fidelity Make Caterpillar Model 93 0 Optional $24,207.Q0 Equlp. $ $86,535.00 Less Trade $9,000.000 Scheduled $2,485.35 Maintenance Maint. Expense $4,500.00 Guaranteed $52,500.00 Repurchase 5-Year Cost $32,020.35 Delivery 60 - 75 Days Date pAGE 16 Seconded by Councilman Schneider. Upon a voice vote, all voting ape, Mayor R7ee declared the motion carried unanimoasly. �� • •� � ..� , : � + �+� • ei � �u ;_ � L � • � �• � • � 1• - - MOTION by Councilman Fitz�atrick to re�ect all bids received August 17, 1983 for a cne-ton dwq� truck. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. APPOINII�7QV`IS (CITY EMPLOYEESI: MOTIpN by Councilman Schneider to concur with the follaaing appointments by the City Manager: �"uia Michelle Hi11 690 Osborne Rd. Apt. #309 Fridley, MN 55432 Vicki Johnson 1132 Buchannan St Mpls. , NIld 55413 P06ITION Office Asst Police 13ept. Office 1Lsst. Police Dept. EFFEGTIVE DATE � SAi,ARX REPLACES 9/6/83 $990 Month 9/11/83 $990 Month Lee Ann Petschen Kathleen Samora �l � � 25. � � 26. 27. l J ��.1� _k 1�. • _�4�'til:_S �F� (APFOTNi'MII�TS �NTIIV[7ID) Laurie Roatch 3101 Tyler St. Mpls., MN 55418 OPfice Asst, 9/11/83 $990 Police Dept. Month PAGE 17 Barbara Hutchinson Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. ESTIMATES• i40TI0N by Councilman Schneider to approve tYie estimates as submitted. Herrick & Newman, P.A. 6279 Univesity Avenue N.E. Fridley, Minnesota 55432 For legal services rendered as City Attorney for the month of Smith, Juster, Feikema, Malman & Haskvitz 1250 Builders �change Building Minneapolis, MN 55402 For legal services rendered as $4,250.00 City Prosecutor for the months $4,712.50 of June & July Park Construction Company 7900 Beech Street N.E. Fridley, Minnesota 55432 FINAL ESTIMATE P3oore Lake Restoration Pro�ect #137 {BASFU) Monnette Construction Comg�ny, Inc, 2050 White Bear Avenue St. Paul, MN 55109 Estimate #5 Center City Plaza $ 1.677.15 $ 8,962.5D $17,933.51 $68,262.85 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Dlee declared the motion carried unammously. Q.AIMS: M�YPION by Councilman Fitzp�trick to authorize �yment of Claims DIo. 22452Q throu9h 253565. Seconded by Councilman H�nernik. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanimously. I.ICENSES: MOTION by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk's Of£ice. Secondec3 by Councllman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the m�tion carried unanimously. ��_� l� '� "� �� 28. •� a�. - '�- - �. • _ ��r �; ' : �i�yiuL'T'�1�It��I�A Darlynn Ronn: Use of Black Flv-ASh/Salt Mixture � This item was discussed under the "Open Forum - Visitors" section of the agenda. ,__� • 1;�i_��r_ MOTIqN by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor P1ee declared the motian carried unanimously and the and the Regular Meeting of the Fridley City Council �f September 12, 1983 adjourned at 10:30 p.m. Respectfully submitted, ��/i.c�rC��.-cC`.t�-� C�- l Carole Haddad Secretary to the City Council Approvec�: September 26, 1983 � � % � , i � + � � � � � L � t �' (_.�� William J,/N e Mayor � � ' '