07/07/1986 - 000115541i
� T�iE MINUPES OF TI3E RF]GUI�AR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 7,
I986:
Zhe Regular Meeting of the Fridle3 City Cotstcil was called to oraer at 7:30
p. m. 1� Mayar Nee.
PLEQGE OF ALLF]GIANCE:
NL�yor Nee lecl the Council and audience in the Pledge of Al.leyiance to the
Fl ag.
ROLL CAI�i,-
MEtBERS PRESFNT: Mayor Nee, Councilmarr Goodspeed, Councilman
Fitz�atrick, Coimcilman Schneider and
Councilman Barnette
MENBERS ABSINT: None
PRESENl'ATION OF AWARD•
FLMARS PftIEDITIS - HQJSING & RIDEVII,OPh4�IT FI77S3CitITY:
Mayor Nee stated there are a nwnber of citrzens who contriUute tc the
gla�vnng and developnent process of the Caty L-y sezving on Ci�y corun�saions.
� He stated the Cocuicil is not in a position ta compensate them for thezr
seivices, haaever, Certifir.ates of Appreclatior. are aw�rdec7 at the end �f
their terms.
Mayor Nee stated he was homred to present a Certificate of Appreciation Eo
Mr. E`dmars Prieditis who has served on the Hausing & Redevelo�anent Authority
fran February, 1976 to April, 1986. He stated Mr. Priec3itis has made a
sicylificant oontribution to the improvanent oi the City. hiapor D?ee and the
Cowicil manbers extended their thanks anc3 agpreciation to Mr. �Yiec7itis.
Mr. Prieditis stated he was honoreci to receive this recogiution and en�c�yed
the experience and results of serving on the Housing & Redevelopment
Authority.
APPROVAL OF NIINUTES:
COUNCIL MEETII�. JUNE 16, 1986:
NDTION 1� Councilman Barnette to approve the minutes as presented. Secondeci
l� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carriecl unammously.
COUNCIL MEE,TING. JUNE 25. 1986:
� MOTION by Councilman Fitzpatrick to apprcve the minutes as presente�.
Secronded 1� Councilman Schneider. IJ�ron a vaice vote, al.l voting aye, M�yor
Nee declared the motion carn ed unanimausly.
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COUNCIL MEEPING OF JULY 7, 1986
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' ADOPTION OF AGEPIDA:
Coimcilman Schneider requested the follawing item Ue adcleds Receivir�g
Petition No. 5-1986 for the Installation of a Street Liyht on 75th A�enue.
P'IOTION by Councilman Fitzpatrick to ac3opt the agenda with the above
addttion. Seconded 1� Councilman 5chneider. Upon a �aice vote, �11 v�ting
aye, N�yor Nee declared the motion carried unammously.
OPEN FORUM, VISI'InRS:
There was no response fxcm the auch ence tmder this it� of business.
PUBLIC HEARINGS'
1. PUBLIC HEARING ON THE MATTII2 OF A FINAL PLAT. P.S. #86-02, CREEKRIIJGE PLAT
66TH AVENUE BY RIC[]ARD BRICKNER THOMAS BLO[�EF.G AND THE CITY OF FRIDLEY•
NT�TION 1� Councilman Schneider to watve the reading of the public hearing
notioe and open the public heanng. Secandec] t� Cotmcilman Barnette. U�:on
a voice vote, all voting aye. Nk�yor Nee c�ecl�red the matien carried
, unammously and the public hearing opened at 7:40 p.m.
Mr. Flora, Public Works Director, stated this glat dea� s with a portiore of
the Gena Rae Adchtion, the Blanberg Hidden Waods clevelognent, ancl Bnekner's
Creekndge develognent.
Councilman Schneider asked if the Caty is a�titioner and xf sc�, ho�v this
came about. Mr. Flora stated Nlr. Brickner made agplication for this glat
and Mx. Blanberg also signed it because he is an irnrolved �rty. He statec�
the City became invo].ved because of some City property in the plat, but the
City isn't the petitiorner.
Counczlman FitzFatrick stated on Page 1C aP the agenda, he could only see
where three �xircels are listed and askeca about Parcel 21�0. Mr. Flora
stated Parcel 2140 is Fart of a lot sglit the Cauncil apprcved at an eGrlier
date.
Mr. Flora stated Creekridge Plat 2 uraolves the Creekriu'ge plat, a portion
of the Gena Rae Xil.at and the Hidden Woods plat. Mr. Floru staked a replat
is proFosed to make four buildable lots across the C�ty-cwnea �rtion of the
Gena Rae Farcel and irivalves some of the Bl�nberq plat to provide a better
aiic�nnent of the curve in the street. Mr. Flora stated the original plan
was for an easement to be provided across the City proFerty so access could
be provided as a normal boulevard into the �arcels of land.
� Mr. Flora stated at the public heariny cefare the Pl�r�m ng Commission,
testimony was heaxd from the neighborhooc� regarding the continuity of
construction along 66th Avenue and Creek Park Lane. He stated other
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COUNCIL MEEPING OF JULY 7. 1986
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� discussions irivolved the amount of property aaned b� the City fcr �ark. and
the mntention was there was no need for this triangular �rcel because it
is too snall ta aonstruet ariy �ark faeilities and woulcl require childxer tc�
cross the street to access this �arcel.
Mx. E9.ora stated the Planntng Commission recammended approval of this plat
with three stipialations wluch he outlined.
Cotmcilman Schneider statec� there were a nwnber of issues raised at the
Planning Commission meeting. He asked when the size af the park was
discussed, if it included the corner xarcel.
Mr. Flora stated this goes ix�ck to the original Creekric3ge p]at. He stated
there were a nunber of proposals submitted for a�ark. He stated in the
final analysis, the City agreed on a�;�lan which provided for the
construction of Creek Park Lane to prwide access fran Creekridge and Hiclderz
Woods plats and to use the majority of the Gena Rae �rcel £or a k�a�eball
field, ice skating ririk, tennis court and tot lot. He stated during
discussion of the Creekridge and Hidder_ Woods plats, it was decided to
wnstruct Creek Park Lane prwiding for the Eventual subdivision Gnd future
access for the properties on the r.orth with EveLything south being devoted
for g�rk puiposes.
Coimcilman Schneider questioned the size o£ the �ark and r�uested staff to
� check and advise on the amount of acreage. He also questioned the
bikeway/walkway to the �.ark.
Mr. Flora stated the CiLy has obtained an easement for the 6ikeway/wGl kway
with the onginal Creekridge Plat and this easemerst would not be affected b�
this glat.
Mr. Flora stated the reoommendation of the P3amm�g Commission was for the
City to sell this triangular portion of City praperty to the develaper,
rather than prariding an easemerrt.
I�yor Nee questioned haa the final �alat cpuld i� considered wher the issue
hasn't been resolved if there should be an easement or if pro�rty should l�
sold to the develo�r.
Mr. Qureshi stated the plat �uld be approved and the Council can decicle the
clirection the� wish to proceed, either an ezsemerit or sell the property.
Mr. Herrick, City Attorney, stated the C�ty assessed p�rcels C ancl B for the
street imprwanents and for sewer and water on Creek Park Lane. He staied,
therefore, the City is reqmred to �wide access to the property for cahich
the� were assessed and this can be accomplished either by an easement or
sale of the property. He state� whether the Counc�il decides to se31 the
land or not is a policy decision. He stated whether the Council gives
access to the street is a lec�l question and huving assessed them f-or the
, oonstruction, the City is botmd to qive then access.
Mr. Richard Podvin, 1391 Mississippi Street, stated if the City assessed
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C_ O�CIL MEEPING OF JULY 7. 1986
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those lots, he questio�d why it ooul�'t be ranoved as opposed to having to
prwide access.
Mr. fbdvin stated the proF;erty in the Gena RAe Add�.tinn is necer referrece to
as �rk property. He questioned who decicled the corner of the park wasn' t
of acr3 value to the resider�ts.
Mr. Herrick stated he thought the suggestion came from the Flarenlrig
Commission because when it was sul�nitted to the Commission, as an easement
was onginally requested.
Nlr. Fbdvin stated the City staff inenber at thc Plarunng Commission meeting
referred to this as a lc�n of the land and asked how the City loans land.
He stated if the two lots were loaned and c�riveways oonstructed, there is no
way the City could ever get than back.
Mr. Fbdvin stated this wrner of the Fark in question was condemnec' on the
strength of sworn testxmony by Dr. Boudreau that the City needed th�s
acreage for the �ark desperately. He stated the area is over 8,D00 feet and
you �uld put a nunber of activities on th�t land.
Mr. Fbdvin stated Mr. Brickner bought the property zn 19$2 knowing ii: was
landlocked and questioned why the residents should lose �rk property uf
order to solve the aaner's landlocked problem. He stated he wonders who
� authorized Richard Brickner to include that cnrner of the �ark in his glat.
Mr. F7.ora stated Mr. Briclmer caich�'t include at in his glat as the original
request was for an easement.
Coimcilman Schneider asked Mr. Herrick if he represent;; P4r. Erickner. Mr.
Herrick stated he has represented Mr. B n ckner en a number of d�fierent
pro�ects, but has not represented him on the original Creekriclye Plat or on
this propased plat.
Mr. �dvin sEated the clr�aings on Pages 1H and ]I of the Council`s agenda
were the ories Ixesented to the Plamm�g Conunission and the cornex of the
Fark was included.
Mr. Robertson, Con¢nimity ➢evelopnerst Director, stated these �rawir.gs are the
same ones which were used as e�chibits at the Planmng Commission rneeting.
Councilman Schneider asked if this plat was presented to the Planning
C�rnnission as having been 1xtitioned for ky the City. Mr. Robertson statece
he muldn't recall, 6ut it should l�e in tY:e minutes.
Mr. Fbdvin stated the City has been added tc trie legal notices as being
petitioners in the glat. He asked who put the City's name on the plat.
� Mr. Flara stated the petitioners were Thanas Blanberg and Richard Brickner
and the City is included, if the decision to sell �rcel� G anci H zs
apprwed as recommended Y� the Planning Commission.
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COUNCII, MEETING OF JULY 7. 1986
0�5
� Cotmcilmari Schneider stated in the Plamm�g Conunission minutes on Page 1B,
it mntains the name of the City under the public hmring it�n.
Mayor Nee stated he assiunes the plan was to incarporate City land in the
�1 at.
Cotmcilman Schneider asked if smneone wulcl def ir.e P. S. #84-O.1 which was
approved on April 2, 1984. Mr. Flora stated this was approval of the
Creekridge glat,
Mr. Herrick stated on Pages 6 and 7 of the Council minutes o£ April 2, 19II4,
there as d�.scussion aLrout assessnents, lot s�lits, deferring assessments
imtil lots are split and that is Fart of what the Coancil is dtscussing this
evening.
Mr. l�dvin stated the point he is trying tca make is they started ou� with
the nc�t of the City to oondemn propetty on a�aorr� statement they needed
three to five acres for Fsrk. He stated the size is then reduced to provide
a holcling pond to drain Mr. Brickner's pxa�rty. He stated th� Ca ty is now
giving another oorner of the Fark away to another B n ckner. He stated since
the land was �ndetnned on the L�sis of the r�eed iar a xark and then to g�ve
it away, he didn't feel it was rzght. He fplt sorneane oould come up with a
use far this aorner of the Fark.
� Mr. lxidvin questioned wl� Mr. Brickner �ou�t the �rcperty when he knew it
was landlocked. He stated he makes the prec�iction that r^x. Bnckner wi11
end up with the �rk property. He stateca it has �een the history thzt
whatever Mr, Brickner warits, he gets.
Ms. Maiy La�vther, 1472 66th Avenue N. E. , thought it wauld be mce for ha�ues
to be built facing the �ark. She stated, as it is new, the p�rk is hic7den
fran viaa and subject to vandalisn. She stated she wasn't aware the land
across the street �uld be added to the Fark, but wc�uldn't want her chilc�ien
rimning back and forth across the street.
Ms. N�cy Lacomc, 6644 Arthur Street N.E., stated she has concerns with
children in the Fark because it is rather desolate. She stated if there
were houses facing the �ark, she would feel mare comfortable. t+�s. Laconic
stated she would rather have two houses than the adclttional Fark pro�rty,
Mr. Herrick felt the Council had several alternatives to (1) grant an
easement across that property for the two p�rcels, C and L, for whzch
imprwenem �sts were assessed; {2) declare the Fark property surplus and
sell it to the developer; or (3) possibly revoke the assessment if the
landaaner agrees to it.
Mr. Herrick stated he is not sure once tYte assessnent is made and the time
for appeal has expired, if an assessnent can be revoked, as this situatiora
is not addressed in the State statute.
� Mr. l�dvin stated he felt a deal was made with �4r. Bnckner for him to
construct the bikeway/walkway and the City, in turn, would give hun a cprn_er
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COUNCIL MEEPING OF JULY 7, 1986
11.
� of the Fark.
hir. fbdvin stated he hac3 been assured L� Magcr Nee that while he was D9ayor
that �rner wouldn't be sold off.
[�yor Nee stated he has difficulty believing he made that statement. 63e
stated on the face of it, without any refErence to the �rsons invalved, it
makes some sense to sell that oorner of the �ark. He asked Mr. �bdvin if he
felt it would be a gaod use of the land to huve hanes constructec3 on tlhe twa
lots.
N¢. Fbdvin stated the land was mndemned on �-� statarcent that the City r�eeded
the Fark property desperately, but the City as givir?g it away in pieces;
first, for a holdtng �nd and nav to o�en up landlocked progerty. He felt
when you go before a judge and swear you need it for a�ark and then do the
eacact ap�osite, this isn't right.
Councilman Schneider stated given the situation where it is today, it
appears the sensible thing to do is to allcza the develagnent. F�e statea he
wishes to go beyond this preseritation and questions the motivation of the
intensity in which this is presented and the con��:sion. He state� it
certainly appears there is a oonflict of interest. fle stated he cannot get
strai�t answers from the staff regarding the size of the park an8 the
halding pond. He stated the situation is what it is and it doesn't mak�
� much sense to have more �ark there. He stated he doesn't understand the
plat and who are the petitioners.
Mayor Nee asked Dr. Boudreau if this �arcel of pra�rty would be useable far
p�rk purposes.
Dr. Boudreau stated when you have a street that divic;es G Fark, it creates a
hazara and maintenance problan, and he would recbmmend that this �rcel not
be used for �rk purposes because it is too small. Ee stated it is ar.
wiwise escpenditure of funds txying to ma�,ntain the� snall �rcels an� could
see no practical use to serve that area.
Dr. Boudreau stated he wished ta wmment reyarding Mr. Poabin' s statement.
Dr. Boudreau stated the National Parks anrl Recreation Associatiotn has
established criteria and recommends there be three to five acres of �rk
land k�sed on the poFulation and belieaes this was his statement made under
oath at the time of the wnd�nnation proceedings.
Co�mcilman Goodspeed stated the3 have at l�st one �xrk in the City divided
in half � a street. He stated the important question is if the Council can
revoke the assessnerit. Councilman Goodspeeci felt the decision, if that
oorner of land is useable for Fark purposes, has to cnme fran the Parks ar�d
Recreation Conmtission.
� Cotmcilman Fitz�atrick stated zf the City needs a park of three to five
acres, if �arcels A, B, C and D were added, zt wculd 7ust about meet the
criteria in regard to the stze.
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COi7NCIL MEEi'ING OF JULY 7. 1986
� Cotmcilman Schneider asked if the develoger was willir�g to purchase the
property �ran the City.
Mr. Richard Brickner stated he is willing to purchase it ar�d �ay tYie
assessnents.
MOTiON by Councilman Schneider to continue the public hearing with
instructions to staff to: (1) obtain an opinion on the ramifications of
forgiving the assessment; (2) submit tYae grcper final plat with the
appropriate items shaan for an easement or for the sale of the park
property; (3) sul�nit glats which have beei� approv�cl in this area such as
P.S. #84-01 and others that may be pertinent; (4) contact the clevelo�er to
determine if thc� are willing to purchase property fran the (�.ty and at what
wst; and (5) determine the cost for the Gty to acqmrE �arcels A, B, C and
D for Fark purposes. Seconded by Councilmari Fitz�trick. Upon a vcice
vote, all voting aye, Mayor Nee declared the motion carriec] unammously.
OLD BUSINESS:
2. ORDINANCE NO. 858 FOR A VACATION. SAV #86-03 GENERALLY rACATID AT 55 - 77TH
AVE. N. E. :
NDTION ky Councilman Gooclspeed to waive the �wnd reac'ang of Orclinane� No.
858 and adopt it on the second reading and order publication. Seconded by
� Co�mcilman 5chneider. Ug�n a voice vote, all voting aye, N�iyor Nee declared
the motion carried unammously.
3. CONSIDERATION OF APPOINTMIIV'PS 1i� PLANNIPIG. COM�70NITY DEVELOPMENT. APPEALS.
INERGY ADID PARKS ADID RECREATION C;OMMISSIONS:
PLANNING COMMISSION:
Nhyor Nee stated Mr. Steve Billings has contacted him and expressed his
views and would like the Cotmcil to oonsider him for appointment as Chainnan
of the Planning Commission.
NDTION L� Councilman Fitzg�trick to nominate Steve Billings for Chairniar� of
the Planning Commission. Seconded lx Coimcilmarx Schneicler.
7here being no further nominations, the follaaing action was taken:
MOTION by Councilman Barnette to cast an unanimous ballet for the
appointment of Steve Billings as Chairman of the Planninq Conunission.
Semnded t� Councilman Goodspeed. Upon a voice vote, all voting aye, P4ayor
Nee declared the motion carried unanimously.
PARKS AND RECREATION CONA7ISSION:
� Councilman Barnette stated Steve Nelson has accepted a Fositian as h�cY,ey
ooach in Superior, Wisoonsin and has resigned fran the Parks and Recreation
Commission.
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COUNCIL MEETING OF JULY 7. 1986
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� NDTION b� Coimcilman Barnette to naninate Jahn Cargaro, 6615 Fridle� Street,
to the Parks and Recreation Commission to fill Steve Dlelson's vacancy.
Seoonded Y� CoLmcilman FYtzFatrick.
'Ihere being no further naninations, the follawing action was taken:
MOTION by Councilman Schneider to cast an unanimous ballot f or the
appointment of John Gargaro to the Parks and RecreQtion Commission.
Secondec] t� Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unammously.
APPEALS. IIIERGY AND COMMUNITY DEVIIAPMENT COMMISSIONS:
MOTION by Councilman Barnette to table the a�pointments to these
oonunissions. Seoonded l� Councilman Schnerder. Upon a voice vote, a11
voting aye, N�yor Nee declared the motion carriec� unarnmously.
NEN7 BUSINESS:
4. CDNSIDERP,TION OF FIRST READING OF AN ORDINANCE CREATING A CHAPTER OF THE
CITY CODE RII,ATING 'P� A TAX IMPOSID UPON IADGING:
Mr. Rick Prilxl, F'inance Director, statec3 a survc� was conducted of cities
who had a motel/hotel tax. He stated there are a variety nf way� thcy
� proceed with the �llection of this tax. He stated one of the cities felt
the aclnimstrative wsts were actually their Fart of the oontributior. taaard
the betterment of their commimity. Mr. Prxl�l statec# some cities xetain 1Q°a
of the tax collected for aclninistrative oosts and, in talking to them about
the City's proposeci 5g, sane felt it was a little lcw basec� on the actual
worchng of the orclinance.
Mr. Prib�l stated the worchng of the first �ragraph under Section 7 has
been changed so it doesn't have the implication the director is totally
res�nsible for the autheriticity of the return. He stated under SECtion 9B,
the City Attorney may institute lecp]. action to recover arAy anounts due plus
ir�t.erest, penalties, and costs and disbursr-ments of ariy actian. He felt,
therefore, the 5� adninistrative oost would be a�propriate for the City.
Co�cilman Barnette asked if the City Attorney then acts as the polxcing
power.
Mr. Hernck, City Attorney, stated he didn't feel this is much different
than any other license in the City.
Councilman Schneider asked haa long this tax �aould be in effect. t�r.
Herrick stated it would exist for as lon,� as the Counail vrar�ted the
ordinance.
� Ms. Lowell Johnson, Director of Sales f�r the new Ramada Hotel under
construction in Brooklyn Center. stated he was present to answer any
questions fran the Coimcil.
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COUNCII, MEE,TING OF JULY 7. 1986
� Cotmcilman Barnette asked Mr. Johnson if he had any feelings on hcw to
handle the situation where someone dic31't want to go along with his tax.
Mr. Johnson stated participants have been encauraged tc send letters
indicating their support of the tax and he felt most motel/hotel aaners
support it.
Co�cilman Schneider stated the3 have one oiyerator in Fridley that aidn't
necessarily go along with this tax. Mr. Johnson stated he believed this
situation has heen rectified.
Coimcilman Schneider asked if there was any im�lication that the Council
caul�'t withciraw the tax or change the cancept. Mr. Herrick stated there
is none he is aware af.
NDTION b� Councilman Barnette to waive the first reading and approve the
orciinance upon first reading. Seoonded b� Councilman Fitz�trick. Upon a
roll call vote, all voted aye, and Mayor Nee declared the motion carrie�
unanimously.
5. RECEIVING TEiE MINUTES OF TEiE PI�NNING COMMISSION MEEPING OF SUNE 18, 1986:
A. CONSIDERATION OF A SPECIAL USE PERMIT. SF #86-07, GENERALLY
L(X'ATID AT 785 - 53RD AVEN[JE N. E. , BY UNITID SPORES:
� Mr. Robertson, Community Devc�lopnent Director, stated this is a request for
a special use permit to allow a warehose f acility not associated with a
pnnciFal use for Umted Stores, 785 - 53rc� Avenue N.£.
Mr. Robertson stated the lot area is 104,60D square feet or approximately
2.4 acres. He stated there is an existing 16,000 s�aare f oot building anc�
the pro�osed addition is 7,600 s�uare feet. He stated the lot coverage is
less than the 40� allowed t� the City Cooe. r7r. Robertson stated the
builch ng would be used 80g for warehouse, 15% for retail and 5o for off ice.
He stated thc� exceed the Farking re�uiranents.
Mr. Rok�rtson stated the Plamm�g Commission h�s recommended approval of
this special use �rmit with three stipulations which he outlined.
Mr. Robertson stated, in oon�imction with this special use permit, there is
also a r�uest for a variance to reduce the side yard setback.
Coimcilman Goocispeed asked if there have beer� similar specia]. use permits
issued and if staff is aware of arr3 pxoblens.
Mr. Flora stated similar ra7uests have been approvec] for �ne of the Paschke
and East River Road developnents. He stated staff is not aware of any
problens with these special use permits.
� Mr. Robertson stated some of these concerr.s were cliscussed at the Planning
C�nunission meeting and there didn't seem to be a problem because of the
availability of s�ce ancl �rking.
�
COiINCIL N�ETING OF JULY 7, 1986
��o
, NDTION I� Cotmcilman Goodspeed to grant speca�7. use Fermit, SP #86-07, with
the follaaing stiExalations: (1) petitioner te provide an appra�ed landsca�e
plan and install l� October 15, 1986; (2� petitionex ta provide automatic
sprinkling systen for l�an areas and instal3 by October 15, 1986; and (3)
petitioner to prwide an apprwed storm drainage F].an and install ty Gctober
I5, 1986. Seconded t� Councilman Schneider. Upon a voice vote, all voting
aye, Nhyor Nee declared the motion carriec� unanimously.
B. �NSIDERATION OF A PRII,IMINARY PLAT, P.S. #86-03. A& R ADDITION,
GFNFRAT•i,Y I,OCFITID SOUTfI OF OSBORNE ROAD AND EAS� OF I3IGHWAY 65,
BY DAVID IIAEtRIS•
NDTION 1� Cotmcilman Schneider to set the gablic hearing o❑ this plat for
July 21, 1986. Seoonded lx Councilman Goodspeed. Upon a voice vote, all
voting aye, Nhyor Nee declared the motion carried unaramcusly.
C. CONSIDERATION OF A REZONIIV� RDOUEST, ZOA #86-02, GENERALLY LIX'ATID
SOUTH OF OSBORNE ROAD AND E11Si' OF HIGHWAY 65. BY DAVID IIARRIS:
NDTION Yr� Coimcilman Schneider to set the public heariny on this rezorung
ra3uest far July 21, 1986. Seoonded l� Councilman Rarnette. Upon a voice
vote, all voting aye, N�iyor Nee declared the mation carried unanimcusly.
D. CONSIDII2ATION OF A REZONING RDOUEST, ZOA #86-01. L�OCATID ON THE
' WEST HALF OF L�OT 4. ALL OF I�OTS 5, 6 AND 7, LUCIA LANE AD�ITION
GENERALLY I�(K'ATID ON THE NORTf3F�F1S�' CORNER OF MISSISSIPPI STREET
P,DID HIGHWAY 65. BY L. ROBIIYP ERICKSON:
NDTION Y� Councilman Schneider to set the public hearir!g on this rezoning
rEquest for July 21, 1986. Seconded by Councilman Fitz�trick. Bpon a
voice vote, all voting aye, Mayor Nee Geclared the motion carried
unammously.
E. CONSIDERATION OF A REZONING RDOUEST. ZOA #86-03, LOCATID ON
LC7PS 16 , EXCEI'I' THE EAST 199 FEEi' THEREOF, 17 AND 18 , BLOCR 2,
SPRIIVG VALLEY ADDITION. G�RAT,i,y I,pCATID NO1Zi'H OF RICE CREEK
R011D ADID EASP OF CENTRAL AVEN[JE. BY RICHAP.D MOCIIINSKI:
NDTION b� Councilman Schneider to set the public hearing on this rezoning
request for July 21, 1986. Seconded 1� Councilman Barnette. Upon a voice
vote, all voting aye, M�yor Nee declared the motion carriec unarumausly.
F. CbNSIDERATION OF A TAT SPLIT RD"JUESP. L.S. #86-05. L�OCIITID ON
THE SOUTFI 150 FEET OF THE WEST 80 FEET OF LOT 6, AUDIZCIR'S
SUBDIVISION N0. 129 (PRFSEN'IZY PART OF FL�NNERY PARK1 . G�T�'�Ai.i,Y
IACATED ON THE SO[]TH4VEST CORNII2 OF FL�F;NNERY PARK. BY THE CITY OF
FRIDLEY:
' Mr. Robertson stated this is a request for a lot split for a snall piece of
property ad�acent to Flannery Park to be used as a residential lot.
Mr. Robertson stated Resolution No. 81-19��4 by the Council determined that
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this was e�ess property.
NDTION L� Coimcilman Schneider to ooncur with the imanimous recommendatior,
of the Plarunng Commission and apprwe lot split, L.S. #86-05, for 1500 -
75th Avenue. Sewnded 1� Councilman Fitz�atrick, U�.ron a voice vote, all
voting aye, N�yor Nee declared the motion carried unar�mously.
G. CON5IDERATION OF APPR(NAL OF ENVIRONMENTAL OUALITY CONII�IISSION
WORKPLAN FOR 1986•
MOTION by Councilman Barnette to receive the Erxvircnmental Quality
Commission's Workplan for 1986. Seconded }x CoLmcilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee �ieclared the motion carried
unammously.
H. CONSIDERATION OF RECEIVING MOTION FROM HONIAN RESOURCES
�NA7ISSION MINUTES OF JUNE 5, 1986 RDGP.RDING 1986 �G
HUMAN SERVICE FCIDIDING•
Ms. Sue Sherek and P1r. Steve Billings were �re�nt fran the Hunan Resources
Con¢nission to ansaer any questions f ran the Co�mcil.
Coimcilman Fitz�atrick stated in reviaain5 materials received last week f rcm
Mr. Hunt, he had a question as to why St. Hii].li�n's Church had their request
reduced.
Mr. Billings stated there were several reasans. He stated part of the
ftimding requeuted L� St. W�.11i�an's was for food shelf stocking whzch is a
r�uest similar to SAQ1's. He stated thEy alsc rEquested staffing and the
Commission was lmable to determine, fran the presentation, that this was for
�neone strictly responsible for the food shnlving. He stated it ap�ar��
the ftmds were to be used for saneone alreac�� on staff and merely a way to
alleviate some budget problans. Mr. Billings stated some af the fund�.ng was
for aa�msition of refrigeration equipnent for stocking of perishables for
the food shelves.
Mr. Billings stated only a few organizations requesting fundxng received
100g of what the� requested. He stated one of the thir.gs the Conmission
tried to d� is to limit the �no�mt of fimds given to orgamzations sL-rictlp
for staffing. FIe stated the� try to use the CDBG funds as a seed for new
pro�ects and begin the staff and, hopefully, private funding can take over
to make it succeed. He stated he didn't believe they applied that
�iloso�y to St. William's situation, as what thEy were asking for was
totally differerit.
Councilman Fitzpatrick stated he evidently misunderstood the staffing
question relative to St. Willi�n's. He a�ked haa this request differeG in
the application for f�mds fran CAP, as oontributions were made to staffir.g,
Ms. Sherek, Chaixman of the Hwnan Resources Commission, statecl if ary
funding requested for staff by CAP is not approved, the position is
abolished. She stated the� looked at the staffing in terms of low income
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residerits that need to be reached. She stated thEy try to lunit salaxy uses
to seed money, haaever, in this case, there is no other source for func3ing.
She stated if CAP's request was not approved, the positior. wculcl be
aholished and the City woulfl lose its outreach warker.
Cow�cilmara FitzFatrick stated these are really County funds given to local
mw�iciFalities to return to Co�ty-wicie orcprazations. I�e stated it seeras
these funds could be distributed at the County level. Councilman
EYtzFatrick stated eigYrt of the requests are for areas Coimty-wi��e or large
areas outside of Fridle3.
Ms. Sherek stated the apglications thc� received are geared to what �rvices
will be prwided to the citizens in Fridley. She stated the Commissicn
looked at loaer inco�ne peogle who would be served by these requests, and
requests were apprwed for SACA, and the counseling services whu provide
services to Fridlc� residents.
Cotmcilman Fitz�atrick stated he didn't mean to be critical of the Htunan
Resources Commis�ion, but felt it has become a big �ob that oould be handlec
in sane other way.
Ms. Sherek stated it is her understanding thi� is the last CDBG fiinds for
this area. She stated there were re�uirenents that C1i3G fiulds be givtn to
the la:al mimici�lities for d� stnbution.
Coimcilman Fitzxatrick stated he beliEVed thc� could be distributed on the
Cotmty lEVel.
Ms. Sherek felt a portion of the funds had to go directly to the
mimiciXalities for distribution.
Ms. Lucy Mickman stated the County does not have any climcal health care
services so it is up to the coimseling seroices to Frwide this service.
Cotmcilman FitzFetrick stated he is not questioni.ng the warthiness, 7ust the
process for distributing these ftuids as it has become a very big task.
NDTION lx Cotmcilman Goodspeed to ooncur with the follaaing recommendation
of the Hunan Resources Commission for 1986 Hunan Service CT�G Funding:
Anoka County Coimnunity Action Progr�n
FridlEy Senior Center
North Suburt�n Council for the Arts
Alexandra House
3t. Williams Church
S. A. C. A.
North Suburban Constuner Advocates
for the Hanchcapped
North Suburban Family Counseling Cemer
Central Center for Family Resources
Family Life Mental Health Center
$ 6,840
3,Q00
* 2,000
3,000
*�' 2,000
5,000
1.D00
2,&74
3,D00
2,&74
Tottil $31,588
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COUNCIL MEETING OF JULY 7. 1986
f� 1 3
1 * to be used for semor programming
** to be used for fre�ers and food, not wages
Se�nded L� Councilman Schneider. Upon a voice vote, all voting aye, P"ayor
Nee declared the motion carned unammously.
I. ITEM FROM APPEALS CONAIISSION MEETIN� OF JUNE 2, 1986:
I-1. COTTSIDERATION OF A VARIANCE RD"JUEST, VAR #86-12,
� RIDUCE THE SIDE YARD SEIBACK FROM 80 FEET TO
10 FEET TO ALLpW THE CONSTRUCTION OF AT]DITIONAL
WAREHOUSE SPACE, GENERALLY L�OCATID AT 785 - 53RD
AVh'N[JE N. E. :
Mr. Robertson, Community I�velognent Irirector, statec� earlier this evening
the Cotmcil apprwed a special use permit for this business. He stated a
vanance ra�uest is naa before the Coimcil to reduce the side yard setback
fran the rEquired 80 feet to 10 feet to allaa construction of additional
warehouse sFsce.
P4r. Robertson stated the hardship cited by the petitiener is a steeg
embankment at the east end of the property which nakes it extremely
e�cpensive to build on that area.
� Mr. Robertson stated the Appeals Commission recommencied approval of the
variance with the stipulation the petitioner work witkz the City on exterior
wall fimshes and landscaping.
NDTION L� Councilman Goodspeed to mncur with the imansmpus recommendation
of the Appeals Commission and grar�t the variance, VP,R #86-12, to reduce the
side yard setback from 80 to 10 feet at 785 - 53rd Avenue, with the
stipulation the petitioner work with the City an the use af exterier wall
fimshes and landscap�.ng. Seconded l� Coiu�cilnan Fitz�trick. U�ran a voice
vote, all voting aye, Nhyor Nee declared the motion carriecl unammously.
MOTION by Councilman Schneider to receive the minutes of the Plamm�g
Cotmnission meeting of Jime 18, 1986. Seoonded by Co�uicilman Fitzgatrick.
Upon a voice vote, all voting aye, Mayor Ivee declared the motion carrie�
unammously.
6. RESOLLTPION N0. 51-1986 ORDII2ING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING
ADVEF�I'ISEMII�Tr FOR BIDS; REPAIR OF JOHNSON STREET 1.5 MC RESERVOIR 1986.
PRCI7EC'i' N0. 161 •
Mr. Flora, Public Works Director, stated this resolutiun orders the
imprwsnent of the 1.5 I� reservoir located at 53rd and Johnson Street. He
stated the re�air work would consist of ranoving the existing poly liner,
reFairing the concrete walls and roof, insulating the roof, and installation
of a new roof surface. Mr. Flora stater� the estimated cost is about
' $70,000.
NDTION }x Councilman Goodspeed to adopt Resolution No. 51-1986. Secanded l�
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COUNCIL MEETING OF JL1LY 7. 1986
' Councilman Fitz�trick. Ugon a voice vote, all voting aye, Mayor ATee
declared the motion carried unanimously.
7. RESOLUTION N0. 52-1986 ORDERING IMPR(h7IIKII�TP. APPROVAL OF PLANS. AND ORDII�ING
ADVF.I�i'ISII�7EDTr FOR BIDS: LAAIDSCAPING, IRRIGATION AND b'Tf2EET LIGHTING PROJECT
#168, WOODBRIDGE DEVELOPMEDTi':
NDTION ]x Cotmcilman Barnette to adopt Resolution Na 52-1986. Seconc7ec' l��
Cotmcilman Goodspeed.
Mr. qureshi, City Mariager, stated he imderstanas the lic�ting is not �art of
the City's imprwenent, but Woodbndge will be responsible for the oosts.
N�. Flora, Public Works Director, stated the lightir.g is includec] in thc
project as the� want to put in the mnduit befare streets are constructed,
but it is not Fart of the HRA imprwenerst agreener,t.
UFUN A VOICE V(7i'E TAi�N QQ ZI3E PBwE rDTION, a]1 voted aye, ancl Mayor Nee
declared the motion carried unanimously.
8. CONSIDERATION OF REVIEWING A SPECIAL USE PERMIT, SP #83-03. FOR APACHE
CAMPING CE[dTi'ER•
Mr. Robertson, Community Developnent Director, statec3 this speciel use
� �rmit goe� back to July 25, 1977. He stateci one cf the stipulations was
for Ap�che to have no more than two trailers in the front of their shcsaroan.
He stated in 1983 A�che applied for SP #83-D3 to expand on SP #77-04, but
the re3uest was demed.
Mr. Robertson stated since the beginning of this year, there have been
corn�ersations, letters, and personal visits with the cwner, Mr. Pawelski,
recprding violations of the special use permit. He stated in the last
cor�ver�tion with Mr, Pawelski, he was given to July 4, 1986 to brinq the
property into aomgliance.
Mr. Robertson stated he has spoken to Carl I�iewquist, City Prosecutor,
regard�.ng a citation for the vehicles in front of the showroom. He stated
Mr. Newquist felt this could be done, haaever, suggested the City not cate
Nx. Pawelski for lack of the landscaping work since mne years h�.ve �sseu
since the special use permit was granted.
Mr. Robertson statec3 staff has visited the site and the vehicles h�ve not
been renwed and the citation will be mailed tomorravr, Tuesday July 8, to
Mr. Pawelski.
Coimcilman Barnette questioned the fine for this violation. Nlr. Herrick,
City Attorney, stated it would probably be aroimd $500 or 90 days in �a�.l or
both.
� Ms. �xy Martin, 133 Stonybrook Way, askec7 af the s�ecial use permit could
be repealed. She felt a citation and a$SQO fine was pretty cheap far
breaking the l�a for nine years. She stated at the public hearing when the
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o�s
� special use permit was granted, the petitioner had pranised all these things
and that was the only k�sis on which it was grantea. She stated nothing has
t�een done and fP1t the special use permit shauld te reFealed.
Mr. Herrick, City M�nager, stated in order ta repeal the special use permit,
the avner must receive notice of a hearing before the Cotmcil, He stated he
felt a 30 day notioe should be given before the hearing and the reasons why
the Colmcil is proposing to revoke the spec� a7 use permit.
NDTION L� Councilman EYtzFatrick to authorize the City ac3ninistration tc�
preFere a oomplaim or proceeding for the rcvocation of the s�ecial use
�rmit for A�xche Camping Center. Seconded Y� Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carcie�
unammously.
Ms. Martin stated because of the legal requirements for notifyir_g
neighbon ng residents of this hearing, only about six peaple receive
notices. She felt the notice should go beponG this rECjmrenent and include
residents on Stonybrook, Craigbrook Wa3 an� Craic,way.
I�yor Nee felt perhaps Councilman EYtz�atnck may want to review this and
instruct staff on who was to be notified.
9. RESOLUTION N0. 53-1986 TO APPROVE A REGISTERED LAND SURVEY FOR SHOREWOQD
� �.
Mr. Flora, Public Works Director, stated in Narch, 1985 the Council apprwed
two lot splits on the Saliterman property to be sald tc the Sttorewooc� ir!n.
He stated these lot splits went to the County for recording; haaever,
because the descriptions were so involved, � registerecl lanc7 survey was
required.
Mr. Qureshi, City Manager, asked if there would Ue any problem, vaithout
going throu� another hearing, to rewrd the registerea land survey instead
of the lot splits.
Mr. Hernck, CYty Attorney, stated he cauld see no �oblen with it and f�1t
if the Coimcil had another similar situation, they proLably would do the
same thing.
hDTION 1� Councilman Schneider to adopt Resolution No. 53-1986. Seconded lx
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Nl�yor Nee
declared the motion carried unammously.
10. RESOLUTION N0. 54-1986 EDFrERING IDTiY) A COOPERATIVE AGREEMENT WITH MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEt4ENT OF UNIVERSITY AVEt�TOE
BEiWEEN 81ST AVEN[lE ADID 83RD AVENOE:
� Mr. Flora, Public Works Director, stated a cooperative agreement was
received with the State Department of Transportation to construct the
University West Sexvice Drive between 81st and 83rd Avennes. He stated the
State would pay the ma�ority of the cost and the City woulc� contribute
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approximately $13,900.
NDTION b� Coimcilman Goodspeed to adopt Resolution No. 54-1986. Seconded Ix
Cotmcilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared
the motion carried unammously.
11. RESOLOTION N0. 55-1986 APPROVING THE TRANSFER OF THE CABLE TELEVISION
FRANCHISE FROM GENERAL TELEVISION OF MII+INESOTA. INC. TO NORTEL CABLE
ASSOCIATES•
Mr. Flora, Public Works Director, stated based on the public hearings, a
resolution has been pre�red ap�oving the cable franchise transfer as well
as an accepkanoe cbctunerit and a guarantee prwided t� Fanzak Cc�rporation to
be apprwed.
M7TION L� Councilman Schnelder to aaopt Resolution No. 55-1986 and approve
the ciocunents for acceptance of the franchise ancl the guarantee provided by
Pmzak Corporation. Seoonded l� Cotmcilman Fitzpatrick. Upon a roll call
vote, a11 voted aye, and Mayor Nee declared the motion carried unammously.
N�yor Nee stated he felt staff did an imusally goad 7ob in the pre�ration
of the cbc�nents.
12. RESOLUTION NO. 56-1986 ADVERTISING FOR PURCHASE OF UTILITY DEPARTMENT
BACHIiOE TRACTOR:
I•DTION tH Co�mcilman Barnette to adopt Resolution No. 56-1986. Seconded by
Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Ni�yor Nee decl�rec�
the motion carn ed �manimously.
13. CONSIDII2ATION OF CHAI�ES TO CHAPTER 205 OF THE FRIDLEY CITY CODE, AMENDING
PR(7VISIONS FOR DAYCARE CENTERS:
Mr. Robertson, Community I�velopnem Director, statea a recent application
for a special use permit for a day care center in an R-1 zone has pranpted a
rEVi�ev of the City's day care restrictions. He stated several changes are
proposed to the Zomng Code as it pertains to both hane day care facilzties
(hane occu�tions) and day care certters outside the hcme.
Mr. Robertson stated what is proposed is a new defim tion of day care
cerrters imder Section 205.03.18; redefimny hane cccu�tions under Section
205.03.32.F; to allaa day care centers in R-1, 1�2, R-3 and R-4 zonea with a
special use permit provided they are to be located in �hurches, private
schools or in other structures on an arteri�l or collector street; and to
allow day care �riters in C-1 and Q2-1 zones wii_Y� a special. use �Lmit enly.
Nt�yor Nee asked if puhlic hearings had beer. held. Mr. Robertson stated he
beliEVed the� were held before the Planning Commission, but would check on
it further. Mayor Nee re�uested copies of the nunutes of the heanng.
NDTION tr� Councilman Schneider to direct staff tc circulate the prorosed
ordinance change �nong day care center prwiciers. Seconded by Councilman
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COUNCIL MEETING OF JLTLY 7. 1986
Barnettte. Upon a voice vote, all voting aye, I�yor Nee declared the motion
carned unammously.
14. APPOINTMENT• CITY IINPLOYEE:
MJTION b3 Coimcilman Barnette to wncur with the follcx�ring appeintment by
the City Manager:
NAI�9E
Sara Lee Ruth
2754 Louisiana Ct.
St. Louis Park. NN
55426
1�SITION
Fi nance
Assi starrt
(Ex�npt)
STARTJNG
SALAFtY
$19,000
per year
SfiP,RT1NG
DATE
July 1,
1986
Seconded lx Councilman Schneider. Upon a voice vote, all voting ay e, May or
Nee declared the motion carried unammously.
15. LICENSES•
L'�DTION b� Coimcilman Fitz�trick to apprpve the licenses as sutmitted and as
on file in the License Qerk's Office. Secandec by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Dlee eeclared the motion carrled
unanimously.
16. CLAIMS-
N1�TION by Councilman Barnette to authorize p�yment of Claims No. fS925
throuc� 9294. Seconded I� Councilman Fitz�trick. U�n a voice vote, all
voting aye, NL�yor Nee declared the motion carried unammously.
17. ESTIMATES:
NDTION IH Cowzcilman EYtzFatrick to approve the estimates as sul�nittect:
Herrick & N�aman, P.A.
6279 Umversity Ave. N. E.
FricIlc�, NN 55432
For Services Rendered as GYty Prosecutor
For the Month of June . . . . . . . . .
H & S Asphalt
700 Industry
Anoka, NN 55303
. . , . . . . $ 2.751.50
For Street vnprwenent Project St. 1986 - 1& 2
Partial Estimate No. 3 . . . . . . . . . . . . . . . . $169,045.85
Seconded Ix Councilman Schneider. Upon a voice vote, all voting aye. Mayor
Nee declared the motion carried unammously.
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18. RECEIVING PETITION 5-1986 RF�ARDING THE INSTALLATION OF A STREET LIGHT ON
75TEi A JE•
L�DTION b3 Coimailman Schneider to receive Petition 5-1986. Seconded by
Cotmcilman Barnette. Upon a voice vote, all voting aye, Mayar Nee declared
the motion carried unanimously.
NDTION l� Councilman Schneider to cti.rect staff to waxk with the r.eiyhborhoon
and Northern States FYxaer for the installation of a street light on 75th
Avenue. Seconded k� Cn�cilman Barnette. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carriecl unarnmously.
AA70iTRNl'�Nr:
MOTION by Councilman Barnette to ad�ourn the meeting. Secondecl by
Coimcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl�red
the motion carried unanimously and the Regular Meeting of the Friclley City
Council of July 7, 1986 adjourned at 10:15 g.r�.
Respectfully su}anitted,
� �- kf'�+Ci+C.i
C`arole M. Haddad,
Secretacy to the City Cowzcil
Apprwed:
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Willi�n J. Nee,
Nt�yor
o�R
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