Loading...
08/19/1985 - 00011866Tf� MINUTES OF TFIE REGUTAR MEhTIIdG OF THE FRIDLEY CI__TY_ODUNCIL OF AUGUST 19. 1985 7he Regular meetang of the Fridley Caty Couiicil wa� called to arder at 7.33 p. m. by Nk�yor Nee. PLIDGE OF ALLEGIANCE: N�yor Nee led the Counca.l and audien� in r1�e Piedge of �lleyiance to 4he Flag. � Ib�LL C11LL: MENBERS PRESIIVT: Mayor Nee, Cnunciliran Goods�eecl, Councilman FitzFetrick, Counc? lrnan Schneicler and Councilmari Barnette MEPBERS ABSINT: None CERTIFICATE OF APPRECIATION: Mayor Nee indicated that Barbara Kochcr will receive � CertiLicate cf Appreciatson far serving on the Htunan Resuuroes Coranissiorx iran March, 1983 to August, 1985. APPROUAL OF MINOTES: COUNCIL I�ETING, AUGUST 5, 1985: PDTION by Cauncilman Barnette to apprwe tlze rninutes as presentec3. Seconcied ty Counciln4�tt Fitzp�trick. Upon a voice vot�, all voting aye, Nayor Nee declared the motion carned unammously. ADOPTION OF AGFS�IDA: I�TION by Councilman Fitz�trick to adopt L-ne agenda as presente:7. SecondeG � by Councilman Barnette. Upon a voice vota, all voting aye, Mayor D7ee declared the motion carried unaramously, OPEN F'ORUM. VlSI�RS: � 7here was no response fran the auchenoe imder this itc�n of business. 1. PUBI,IC SEF�ItING ON THE REVOCATION OF A LIQUOR LICENSE ^l0 RAI,PH VIRGILLO� RAFFAELE'S SUPPER CLUB (8289 UNIVEFLSITY AVET�UE IQ.E.1 : t�DTION by Counciln�an Fitz�atrick to wai.ve i:he reading of dze public he�riny notioe and open the public hearing. Secondecl L�y Councllman Barnette. Lipan a voice vote, all voting aye, Nlayor Nee aeclared t�ie motion ca�'r�en uraammously and the public hearing opened at 7:38 p.m. Mr. Sidney Iiman stated that Raffaele's Suppex Club was in violation ai a state law which states that if a business �s �n arrear5 on any state te�xes they can supercede local authority ano clsrect the Ciry nat to issue a iicense. 7Yie situation was reviewed in March with the owner af fta£f zeie' s and che � :� ;� n�� COUNCIL MEETING OF AUGUST 19, 1985 state and at that time received a verbal okay to issue the license. The City was oantacked three vreeks ac�o Yry the fie].d offi� and thEy stated that there is still a problen of arrears. In cu scussion with tYie G.ty Attorney, the proc�dure is revocation of the license which zs the reason for the public heanng. NIr. Inman statec� that ir a letter from the State of P�snriesota clated August 15, 1985, the state wants to sutrnit a good test, In further d�ecking, it was found that there is confusion on the amount of iaxes that are in arrears anc] that they are very close to a settlement. � Because Raffaele's is a aood corporate custaner of the City an6 since they are very close to a settlanent, Mr. Ismari recommends, and the state agrees, that the Council receive ir�formation but take no ackion for 30 days. t+10TI0N by Councilman Barr�ette to receive the letter o£ August 15, 1985, into the record and tl�at this item be tabled for 30 days. Seconded by Mr. Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried. P7r. Ralph Vir�illo, Raffaele's Supper c1ub, zndtcated that he would �fay the amount aaed when he is notified of the exict amow�t. NDTION by Councilmarn Barnette to close the public hearing. Seconcied by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee cleclared the motion carried unammausly and the public hearing closed at 7:42 p.m. 2. PUBLIC HF��RING ON REVIEW OF CHANGES TO CHAPTER 205 AND CHAPTER 6 OF THE FRIDLEY CODC - ZONING: NDTIf)N by Councilman Fitzp�trick to wai.ve the reading of the Fublic hearing notice anc's o�n the public hearing. Seoonded l� Councilman Schneider. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unarv.moasly and the public hearing opened at 7:43 p.m, Mr. John Flora, Public Ydorks Director, indicated that the changes are to � clarify detinitions, incorporate terminology, identify conditional use permits, est.ablish maxinitun driveaay slo�, change reqw.rement for curb and autter, and change the S1 zane criteria for a o�rner lot and setl�ck. DIO �rsons fran the aucv en� spoke regarcling the propos�ed changes. NDTION by Cauncilman Barnette to close the public hearing. Seconded by Councilman Schneider. Upon a voi� vote, all voting aye, N�yor Nee declared the motion carried unaru.mously and the �blic hearing closed at 7:45 p.m. OI� BUSINESS: 3. ORDINANCE #840 - AN ORDINAb1C� UNDER SECTION 12.07 OF THE CITY CHARTER TO UACATE SPREETS AND ALLEYS AND TO AC�fEND APPENDIX C OF THE CITY CODE (SAV #85-04. HRA7M'r.Aivn tZ7RPORATION) : MOTION by Councilman Fitzpatrick to waive the second reading of the Usdinance, ac7opt Ordinance �840 and order publication. Seconded by - 2 - ' � � � 4 5. �UNCIL MEEPING OF AUGUST 19, 1985 Cowicilman Schneic�r. Up�n a voice vote, all voting aye, N1�yar Nee ueclared the motion carried unammously. Councilman Barnette reported that he had receive� pl�one calls �rq� sem.c�x citizens suggesting that benches be glaced at the Holly Center. Mr. Flora indicated that the entran� to the Holly Center should be �aidened after work is oomgleted on Mississippi Street. ORAINANCE #841 - ORDINANCE AMENDING CHAPTER 12G ENTSTLED "HOUSES f1F PROSTITU7ION PUBLIC N[JISANCE" &ECTIONS 126 .02 , 126 .03 126 .04 , 126 .OS � 126.06 ADID 126.07: NY�TION by Councilman Fitzpatrick to waive the seconca reading oE the ordinance, adopt Ordinance #841 and orc�er publication. Seconded by Councilrnan Srhneider. U�ron a voioe vote, a13 votang aye, Mayar Nee declar� the motion carried unammously. COh7SIDERATION OF UARIANCE REOUEST TO REDUCE CURBING S�TSACKS. 1243-72ND AVENDE N.E., DETERMAN WELDING, BY RICIIARD SVe�ANSON (TABLED 8/5/85): Mr. John Flora indicated that the Appeals Commission has recommetic%ed apprwal of the variance request with stipula�ion chat the varlance �e extended to the 1988 plaivled expansion. t��Ir. Florz rec�onunencled changing the date to N�enber, 1989. Mr. Determan is incerested lii ��:rchasing 15 feet of property to his west and using space above Norton Cieek for enpl�yee �arking. �e purchase oontract will be terminated in 19�88; haaever, ttie rec�rnnenc�c3 extension of one year would allc+w kvs. Determan time to obtain the property and �mglete work to be done. Mr. Flora incitcated that the variance is to re,quest a 2-foot setback rather than a 5-foot setback for curbiny. Mr. Determ�,� is �lamziny to con�truct aciditional builcti.nqs on the proFerty and neec7s addat,ional ss�ce. Mr. Flora indicatecl that the v3rian� would grant a 2-ioot seti�ack witl� a guard rail-tyFe Yximper 2-feet away £ran the fence ox building. The sa,ne vanance would apply to future clevelopnent 3i�sici� the fen� on the southern p�rti on of the pro�rty. Mr. Determan indicated that a guard rail at Exunper height as eGsier �o see than a curb. In add�.tion, he oould aonstruct the guard rail and a�ould save money. Mr. Virqil Herrick indicated he saw no problcins with the varianae. Mr. Flora indicated that an agresnent had L�een executed for $20,000 bond to l�e prwided to the Ca.ty, a permit be issuec] fox cronstruccion o£ a huiiaing, screemng along the fen�, a seoond applicatian for a permit �o construct the sewnd building. �e p�rking lot wer Diorton Creek must be approved by the Ritz Creek Watershec] District. If the �rkiny is not a�praied, Emplo�ee parkiny must be provided inside the fer.ce. There is also a provasa�n rec�uiring landscaping and sprinkling on the baulevard. Com�letion or - 3 - "! li �� y A' � �,, COUNCIL MEETING OF AUGUST 19. 1985 �erythiny would he tdovanber 15, 1989. Ntr. Flora indicatec state has requested pavement in iront of the new build�.ng. Mr. Determan inclicated he would prefer Class V hard pack or cnncrete because the heavy-duty equignent tends to break up the �ved areas. MOTION by Councllman Schneider to concur with the Appeals Commission reco�¢nendation for a varian� fran 5 feet to 2 feet for curb and gutter and ' that the curbiny be a metal guard rail-type devi� approximately 3 feet tall arouncl the builcling and the south fenoe li� to be installed sep�rate Yran tl�e ex�.sting fence and that the variance be in effect through Nwember 15, 1989 in acoordance with the agreanent with the Ca.ty. Seoonci�c7 b�r Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mati.on carried unammously. Mr. Qureshi inquirec] if hazardous materials were on the pro�erty and if they were handled pro�rly. Mr. Determan inc�cated that he is licensed to handle hazardous materials. 6. CONSIDF.RP.TION OF APPOINPMENT 7Y3 IiUMAN RESOURCES COMf4ISSION (TABLID 8L5 85 : NDTION by Councilman Schneider to table this appointment. Seconded by Councilmart Sarnette. Upon a voicre vote, all voting aye, [�yor Nee declared the motion c,arried unaru.mously. NEW BUBINESS: 7. RECEIVING THE MINUTES OF THE PIANNING COMMISSION MEETING OF AUGUST 7, 1985: A. �NSIDERATION OF SPECIAL USE PERMIT, SP #85-09 TO AIS�OW OONSTRUCPION OF A SECONll ACCESSORY BUILDING. A 24' X 20' SHID WITH AN ATTACHID BREEZEWIIY. 1341 - 64TH AVENUE N.�. BY JOHN RAU.: � Mr. Flora rnclicatea the area is zoned single family. 7.he proposed building �aould be lacated in the rear oz the lot with half beinq used for a shed and half being use�i for a breezciaay. No ob�ections have been raised fran the nei�borhooc;. �e Plamm�g Commission has recommended approval with the stipulatioii that tlze t�uilcliny not be used for motor vehicles as there is no drivaaay pravided. MOTION by Councilman Schneider to concur with the Planning Commission rewmmendation for a�prwzl with the stipulation that the building not be t�.sed for autanobiles. Sewnded kr� Councilman Barnette. Upon a voice vote, a11 votang aye, Msyor Nee declared the motion carried unanimously. B. CONSIDERATION OF SETTING A PUBLIC IlEARING ON FINAL PLAT, P.S. #85-03. GREAT NORTI-IERN INDUSTRIAL CENPER EAST, BY Ar.�uFn NEL.�AN (ADID SPECIAL USE PERMIT SP #85-08, BURLING`iL�N NORTHSRN BY JON MONSON). Mr. Flora indicated that the public hearing would be held to discuss the � ' COUNCIL MEETING OF AUGUST 19, 1985 preluninary plat east of East River Ra�d and so�*th of I-694 which is be�.ng platted b� Burlington Northern for a mim stoxage facility. Items for cZiscussion at that time may include a varianc� for sicy�age and a vzriance to ea�tend the roof af the structure to be visible fran 694. The area will be fenoed and there is a security program on the builcu ngs as well as a liv�ir, custodian. � I�TION 17y Councilman Fitzpatrick to concur wath tP?e Planning Comrriss�on reconuner�taon and set a Fublic hearing Eox Septeni�er 9, 1985. Seconded 4ay Councilman Goodspeed. Upon a voice vote, al.l voting aye, I�yor P�ee decl�red the motion carned unammously. C. ITEM FROM APPEALS CONA7ISSION MEETING OF JULY 23, I985: CONSIDERATION OF A UARIANCE REOUCST 'lY) RIDUCE THE SLPBACK OF AN IIVDUSTRIFIL BUILDING TO A RESIDENPIAL BUTLDING. 6951 CIIVTf2AL AVENUE N.E., JOHN J. RIPSII4, JR. NDTION ty Councilman Barnette to table this iiem. Seconded by Councilmar, Sch�ider. Upon a voice vote, all voting aye, P�iyox Nee cieclarea the motiorr carried unam.mously. 8. �NSIDERATION OF SE'iTING PUBLIC HEARING UATE TO CONSTDER MODIFICATIONS ^10 CITY OF FRIDLEY HOUSING PLAN: Mr. John Flora indicated that a public lzearang must be heid ira arder to amend the housing plan for m�ici�al housir�G. �c�rding to sl-ate l�w, Tne public heanng must be announced 30 days �rior to being helo and th� suggested r�te �.s October 7, 1985. P1r. Qureshi incv.cated that the current glan was a�prwed in 19II2. The plar. naa requires ma3ifications. Coimc�.l manbers wou7.d recezve the proposed �=an twa to three weeks prior to the public hear�.nG. � CAUncilman Sarnette asked if there was a c�adline. Mr. Qureshi indicate� a time problan does exist, haaever Council manbers would have ample tir,e to review the plari. �`.J PDTIOA7 1� Councilman Barr�ette to set the publzc hearing dat� for October 7, 1985. 5eoonded 1� Councilman Fitz�trick. PDTION by Councilman Schneider to reCeive the proposed plan, review the plan, and schedule the public hearing for the flrst City Council neetin, in 1986. Seaonded tr� Councilman Goodspeed. Mayor I3ee requested further informetiora on khe cieac�line. Mr. �uresni zndicated the possibility of losing Fecieral fui�ds makes it necessary to exercise options at this time. Because the plan must go t� rl�e t4etro�litar Coimcil for apprwal and to the State, amp'e Lirne rnust be allaaecl before the actual deadlir� for this to take plaoe. Upon a roll call vote for the amencinerrt of the ac�tion, Councilman Barnette and Fitpzatrick voted no, Councilman Schneider arid Gooc3s�eed votecl yes, and - 5 - `�',1,'ii .� ��� A COiINCIL MEETING OF AUGUST 19 , 1985 NL�yor Nee voted na. Mayor Nee declared the motion failed b� a 3 to 2 vote. Upon a rall call vote on the origii�al motion, Councilman Barnette, Fitz�atrick and Goa�speed and Mayor Nee voted yes. Councilman Schneider aoted no. Mayor Nee declared the motion carried 1� a 4 to 1 vote. 9. RESOLUTION #64-1985 AUTHORIZING CHANGES IN APPROPRIATIONS FOR_THE GENERAL FUND, REVENUE SI-IARING F[JAID, CABLE TV FCR�ID. HOME OWNERSHIP FUI�ID, AND HRA FOrID � FOR THE YEAR 1984e Mr. Sich-�ey Irman reaieaed the resolutian and the changes being authorized. N3]TION by Councilman Schneic�r to adopt res�lution #64-1985. Seconded by Councilman Fitzpatrick. Upon a vaice vote, all voting aye, Mayor Nee declarec] the motion c�rried unammously. 10. RESOLUTION #65-1985 AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AN EXECUTION OF TEIE GRANP AGREEMENT--ANOKA TRI-CITY ALCOHOL COU1"7TERMEASURE (A.T.A.C.): NDTION by Councilman Fitzxatrick ta adopt resolution #65-1985. Seconded by Councilman Sc:hneider. Upon a voioe vote, all voting aye, N€�yor Nee declare� the mota on carr� ecl unammously. 11. C7�AINLS: NDTION by Coiutciln�an Barnette to authorize p�yment of claims no. 4019 to 4256. Sewnded by Co�cilman Schneider. U�n a voice vote, all voting aye. P�yor Nee declared the mof-.ian carried unanimously. 12. ESTIMATES: NDTIOIU by Councilman Fitz�atnck to apprwe the estimates as sutxnitted. � Herrick & Neaman, P.A. 6279 Umversity Avenue N.E. Fridle�, NN 55432 For Legal Services Rendered for 3uly. 1985 . . . . . . . . . . . . . . . . $ 2,376.85 H��drerCon Inc. Box 129 Alorth Branch, i�N 55D56 PINAL I�TIMATE . . . . . . . . . . . . . . . . $ 7,691.29 h7ater & Se�aer Fro� ect #150 Killmer Electric 7901 Brooklyri Boule�ard Prooklyn Park, NN 55445 �� ' � � � COUNCIL MEETING OF AiJG[TST 19. 1985 FINAL ESTIMATE . . . . . . . . . . . . . . . . $ 42.880.00 Mississippi Street Lightiny Pro�ec.t H & S Asphalt 70� IndustLy Aveiiue Anoka, NN 55303 Street Improaanent Pro�ect ST 1985-1&2 Part,ial Estimate No. 4 . . . . . . . . . . . Albrecht Irrigation 1408 W. Co�ty Road C Rosev�lle, M�7 55113 $ 36,646,Ob Partial Estimate No. 1 MiSSissippi Street Irrigation Project ....$ 9,222.98 Sewnded h� Councilman Schneider. Upon a voac3e vote, all votrng ape, Niayor Nee declaxed the motion c�rried unammously. 13. LICENSES NDTION 1� Councilman Fitz�atrick to apprwe the lic+enses as su�ittecd and as on file in the Lioense Clex'k's Offioe. Seoonded by Councilman Schneider. UFon a voioe vote, all votlny aye, Mayox Nec declared the motion carrieei unammously. •� � • i MOTION by Councilman Barnette to ad�ouri7 the n3eeting. Seconded by Councilman Schneider. Upon a voi� vote, all votiny aye, NHyor Nee dec3arec3 the motion carried unammously and the Regular N�etii�g of the Fridley City Coimcil of August 19, 1985, ad�ourned at 8:30 p.m. Respectfu].ly sutmitted, ��-� �� LaVonne Coo�er Acting Secretary to the Ca.ty Council - 7 - 1,��� �- W111i� 3. e Diayor fe n� �� F�� a sl �;z�., � � ,