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05/15/1978 - 00014158� � �� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 15, 1978 The Regular Meettng of the Fridley City Council was called to order by Mayor Nee at 8:00 p.m. PLEDGE OF ALLEGIANCE: The Pledge was said previously at the meeting of the Board of Review ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PRESENTATION DF CERTI Mayor Nee, Councilman Barrette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick None TE: A certificate of appreciation was presented to Harold Belgum for his services as a member of the Human Resources Commission. Mayor Nee read the certificate and stated the Council appreciated his efforts and contr�butions he made to the Commission. PROCLAMATIONS: Mayor Nee stated he tssued two proclamations and would appreciate a motion 6y the Counctl to ratify those proclamations. One of the proclamations was for National Public Works Week from May 21 - 26, 1978 and the other one proclaimed the month of June, 1978 as Recreation and Pairks Month MOTION by Councilman Fitzpatrick to ratify the above proclamations issued 6y Mayor Nee. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unam mously APPROVAL OF MINUTES: REGULAR MEETING. MAY l. 1978: MOTIDN by Councilman Hamernik to approve Ser.onded by Councilman Schneider. Upon declared the motion carried unanimously. ADOPTION OF AGEN�A � � G the minutes of May l, 1978 as presented voice vote, all voting aye, Mayor Nee MOTION by Councilman Fitzpatrick to adopt the agenda as submitted Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. OPEN FORUM, VISTTORS: There was no response from the audience under• this item of bustness. PUBLIC HEARINGS: CONTINUED P�BLI I r NT ZOA ,#78-03, BY Mayor Nee reopened the public hearing on this �tem at 8:05 p.m. 0 Mr Sobiech, Public Works Director, stated the public hear�ng had been continued to allow the petitioner, Mr. Burandt, time to obtain a verified survey of the parcel involved in the rezoning request Mr Sobiech stated a single famtly dwell�ng �s now located on the property and the rezoning is requested to allow this dwelling to be used as a real estate office. He stated, since the original construction was for a single famtly home, the codes that were fol1owed were for a residential zo m ng district, therefore, if the property is rezoned, the dwelltng would become a _ .� REGULAR MEETING OF MAY 15, 1978 PAGE 2 legal non-conforming use Mr. Sobiech stated correspondence was received from the property owner to the North of this parcel which indicates their desire to eliminate the fence and have landscaping instead. MOTION by Councilman Schneider to receive the correspondence from Mr. and Mrs. Mike McGraw, 1001 Hillwind Road dated May 15, 1978. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, P9ayor Nee declared the motion carried unanimously. Mr. Sobiech stated, if the rezo m ng �s approved, some of the items to be considered would be submission of a landscaptng and drainage plan for review and approval; there should be a screening separation between districts as approved by staff; �erformance bond should be required in an amount to cover the cost of improvements; the existing driveway should be removed and that area landscaped; and the signing should remain within the new code requirements. Councilman Schneider stated, if Mr. Burandt's property is rezoned, the McGraw's house would be the only single family usage in the area arid would be surrounded by commercial zoning. Mr. Burandt stated he would 6e interested in purchasing the McGraw's property, if they w�shed to sell He stated, at this t�me, however, that is not the case and felt possibly in the next few years this sttuation would change. Mr. Herrick, City Attorney, asked if Mr. and Mrs. McGraw had been asked to �oin in the petition for rezoning, sinc2 it was brought out at the last meeting that the McGraw's had purchased the property under the assumptzon that it was zoned commercial. Mr. Burandt pointed out that if Mr. and Mrs. McGraw had their property rezoned and something happened to the dwelling, they couldn't rebuild because it would be a non-conforming use. Councilman Schneider indicated he felt the rezoning would put the McGraw's in an undesirable situation of be�ng surrounded by commercla7 property. He stated another problem he has is that the home will be used for an office building which would requ�re variances. Councilman Schneider felt the Council should proceed with P1r. Herrick's suggestion to contact Mr. and f�lrs. McGraw to see if they are interested in rezoning their property. No other persons in the audience spoke for or against this rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unantmously and the Pu61�c Hearing closed at 8•22 p.m Mayor Nee asked Mr. Burandt to contact Councilman Schneider to attempt to work out some of the concerns he had expressed. CONTINUED PUBLIC HEARING FOR FINAL PLAT Mayor Nee reopened the public hearing on this item at 8:24 p.m. P.S Mr Sobiech, Public Works Director, stated this public hearing had been continued in order for the petitioner to give an indication of their plans for ihis plat. A proposed plan was submitted for the Council"s review wh�ch showed access and placement of the structures. Mr. Sobiech noted the petitioners are proposing no access to Old Central Avenue. He explained the accesses would be donated by covenants alonq Hn th allowing the existing house, or "the exception", as it is shoam on the map, to use that access also. Mr Sobiech stated, as far as the City staff investigations, they could find no formal easement for the access the ex�sting house now uses. I I u � ' � REGULAR MEETING OF MAY 15, 1478 PAGE 3 Mr. James George, representing Tri-Co Builders, stated they have a letter from Mrs. Norton and Mrs. Bergland indicating they are in agreement with the access they will be provid�ng to the existing house Mr. Sobiech stated, if the plat is approved, plans and specifications should be sent to the Engtneering Department for review and funds escrowed for this review and inspection of the facilities. He further stated there will be a park fee which the pet�tioner is aware of. � No persons in the audience spoke for or against this proposed plat. MOTION by Councilman Schrieider to close the pu6lic hearing. Seconded by Councilman Barnette. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at f3:30 p.m. Because Mr•. George indicated he would like approval as soon as possible, Mayor Nee polled the Council to see if they haa any obiection to taking actior this evening. There being no o6,7ecttons, the following action was taken. MOTION by Councilman Schneider to approve th�e plat, preliminary subd�vision P. S. #78-01, Tri-Co Addition, 6y Tri-Co Builders, Inc. with the st�pulations that the easement provided for the except�on be cleared; plans and specifi cations to be reviewed by staff and funds escrowed to cover necessary inspection fees, the required park fee to be pa�d; and the petitioner work with the staff on district separation screening. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON A REQUEST FOR A SPECIAL llSL PERMIT, SP #78-05, &Y MDTION by Councilman Hamernik 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 8:32 p m. Mr So6iech, Public Works Director, stated this is a request for a speclal use permit to allow a commercial recreation-type use in an area zoned heavy industrial. Ne stated the proposed use would be a disco teen center located between Main and Beech Streets, North of 79th Avenue Mr. Sobiech stated the Planning Commission heard the request at their meeting on April 19 and reconimended denial oi� a 3-2 vote. He stated there was discussion at the Planning Commission mei=ting whether this type of commercial venture would be appropriaie in this particular location. Mr. Sobiech stated the property where the proposed disco is to be located is presently zoned M-2 and the trend in the �srea for development has been for heavy industrial. Mr. Sobiech stated memos were received from the Police Department regarding this use and Mr. Hill, Public Safety Directo��, was present to answer any questions. P1r. Hill stated, in reading the Planning Comnnssion minutes, he sees two different items. The first is whether or not a d�sco center is good and it is needed in the City. Mr. Hill stated he personally feels it would be an asset to the commum ty, if it is located in a approprtate location � to attract City use. Mr. Nill stated he wanted to go on record that the Police Department is not opposed to the concept Mr. H�11 stated, in the memo sent to Jerry Boardman, City Planner, it was pointed out what he felt wauld occur•, if the special use permit is allowed at the proposed locat�on. Mr. Htll felt ther�e would be a rise ln vandalism, theft, disorderly conduct, drinking and drug problems and �ncreased 1itter and traffic problems. �- „ �, REGULAR MEETING OF MAY 15, 1978 PAGE 4 Mr. Hill stated, when referring to traffic problems, this doesn't mean traffi c,7ams, but traff�c violations. He also felt there would be an increased problem with litter to other properties in the area. Mr. Hill stated disorderly conduct, drug and drinking violations may sound stern, however, they know it happens whenever you have any activity that caters to teens. He stated, with other teen activit�es, they have had increased complaints on vandalism, no�se, thefts, fights and assaults. Mr. Hill also stated he has a concern regarding the safety of the youth com�ng and gotng from that isolated area Mr. Hill stated he had no problem regarding the applicant and his desire to control the act�vities within the establishment, and no reason to be apprehensive about the internal operation. He stated the Eagen Poltce Department �ndicated they didn't have any significant problems with Mr. Rozman's operation in that community and that Mr. Rozman was very cooperative. He pointed out, however, the disco center in Eagan is located tn a commercial area that is well-lighted and has immediate access to the highway. Mr. Hill stated he understands stipulations were placed on the operat�on of the disco in Eagan regardtng chaperones and monitoring of isolated areas within the building. Mr. Hill also pointed out the curfew ordinance in the City and felt in some cases, this may be a"gray area" since the teens would actually be inside an establishment and not on the streets. Mr. Hill also explained the need for increased police protect�on in the area, if the spectal use permit is granted. He then reviewed some of the cost estimates in order to provide this protection. He felt a police officer should be within the establishment, two should be in the area outside and one in a patrol car. Mr. Bennie Rozman, 400 Dakato Avenue South, Golden Valley, appeared before the Council regarding his request for the special use permit. He stated he has a tentative mort�age commitment for the proposed locat�on of the d�scotheque. He felt, therefore, if this operation is located in a warehouse and it fails, the building can then be used as a warehouse. Mr. Rozman stated his operation of the disco teen center in Eagan has been successful and he intended to operate the center tn Fridley in a similar fashion and would cooperate with the Police Department in any manner. Mr. Rozman stated he would be more than glad to pay for policing within an area agreed on. As far as cleaninq the area, Mr. Rozman stated this he intends to do. Councilman Hamernik stated there was d�scussion at the Planninq Commission meeting regarding the age of persons who would be attending this discotheque. Mr. Rozman stated he would be glad to reduce the age requirement to 18, �f the Council felt 19 was too old. Mr. Rozman stated he didn't �ntend to operate the establishment during the week, when school is �n session. Counctlman Hamern�k questioned the amount of parking. Mr Rozman stated there would be parking for 350 cars, however, most of the teens are brought and ptcked up by thetr parents. Councilman Schneider questioned the ratio of adult supervision to the number of persons attending the disco center. Mr. Rozman felt, with police protection, the ratio would probably be about 10 to l. He stated, however, he didn't believe they could go by a ratio as these teens are �nside and any problems outside they would deal with. L�� � LJ ��r A_�.J REGULAR MEETING OF MAY 15, 1978 PAGE 5 Counc�lman Hamernik questioned the average age of the teens attending the Eagan disco center. Mr. Rozman stated the average age is about 16. Mr. Rozman stated he felt vandalism �s done when no one was around, which wouldn't be the situation in this case, and he stated they have had no problems taith drtnking or drugs at the Eagan establishment. He felt as soon as you establish the fact you run a good bustness, persons who cause problems � wouldn't be coming around Mr. Don Harstad, 71D1 Highway #65 N E., stated he is in the process of de- veloping other industrial properties in the area and was totally opposed to this commercial venture in an industrial area He felt it should be located in a commerctal area. He stated hts company and the City has tried very hard to upgrade the industrial area and was upposed to this type of operation in an industrial area. He felt it was a remote area and there would be in- creased trafftc. He also indicated other property owners would have to pick up the de6r�s and felt most of the property owners in the area were opposed to the disco center at this location. Mr. Richard Carlson, President of Park Consti�uction Company, 7900 Beech Street N.E., indicated he was not opposed to a discu center, 6ut felt they shouldn't have to locate commercial business in an industrial zone. He felt the zoning was industrial and should be maintained as industrial He further stated his company will 6e starting a night operation in this area and there will be a lot of activity with heavy trucks going in ai�d out of their location. Mr. Rozman pointed out that Mr. Brama, who owns about 90% of the area, is not opposed to the disco center. He felt he would be the person that would be most concerned. He felt his operation would be on Friday and Saturday nights and didn't feel �t would conflict with Mr. Carlson's operation Mr Richard Harris, 620D Rivervtew Terrace, stated he was speaking as a property � owner and has property south of thts parcel, and not as Chairman of the Planning Commission. He stated he was not opposed to the concept of a disco center, but would have to concur w�th the person who made the motion to deny the special use permit that this particular use was not in concert with development of the ad�acent properttes He felt this acttvity is allowed in a commercial district, without a special use permit, and special use permits sometimes have been used to go around the Zoning Code. He 6elieved this is true in this particular case since commercial property is available within two blocks of the proposed site. Mr. Harris also pointed out that the code requires that a peace officer or officers be on duty at all times at publtc dances and thts operation would fall into that category Mr. Bob Schroer, 490 Rice Creek Blvd., stateci he is an ad,7acent property owner to the south and east and was not opposed to the concept, but opposed to the area in which it will be located. Mr Schroer felt the traffic would be a problem as well as vandalism. No other persons in the audience spoke for or• against this request for a spec�al use permit. MOTION by Councilman Hamernik to close the public hearing Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Pu61ic Hearing closed at 9•25 p.m. � ORDINANCE N0. 675 AMENDING CHAPTER 602 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLE� "BEER LICENSING": MOTION by Councilman Schneider to wa�ve the second reading of Ordinance No 675 and adopt it on the second reading and publish Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously. �i i � r REGULAR MEETING OF MAY 15, 1978 OR�INANCE CHAPTER 103 ENTITLED "FIREARMS" PAGE 6 THE MOTION by Councilman Barnette to waive the second reading of Ordinance No. 676 and adopt it on the second reading and publish Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously ENT AND FINAL PLANS AND TH Mr. Sob�ech, Public Works Director, stated this resolution covers the im- provement of Meyers and Hillcrest. He stated, at prev�ous meetings, the nature of the improvement was d�scussed wh�ch was to allow for construction of single family homes on lots that presently exist along the railroad tracks north and south of Meyer's Avenue. Mr Sobiech stated, at the last meeting, there was discussion on property owned by the City ad�acent to the Burlington-Northern tracks. Mr. Sobiech stated, in discussions with the Parks and Recreation Department, they have indicated, if a park were to be located in this area, they felt it would have to be of signif�cant size of at least 3-1/2 acres. Mr. 5obiech stated, if, in fact, the property owned by the City was to be used for park purposes, additional land would have to be acquired, since the parcel owned by the C�ty is only about two acres. He felt, if land could be acquired from the petitioner, it would be possible to come up with 3-1/2 acres. The lots suggested for acquisition would be Lots 17 and 18, Block 1 and Lot 10 and certain property a7ong the East lines of Lots 5 through 9. He stated the acquisition would allow development along Hillcrest and possibly others to the east which would allow development of seven properties. Councilman Barnette asked what cost estimates they were talking about as far as the City acquiring additional acreage from the petitioner. Mr. Sobiech stated the staff has estimated the cost at approximately 20 cents per square foot, but the petitioner hasn't 6een contacted. He stated about 54,000 square feet are involved which would make the cost approximately $11,OD0. Mr. David Li6ra, Attorney, 12D0 Builders Exchange, Minneapolis, appeared be- fore the Council representing the petit�oners, Mr. Munn and P1r. Blair. Mr. L�bra stated Mr. Munn and htr. Bla�r are concerned about the delays on this improvement. He stated he wished to make it clear they wish to develop Lots 17, 18, and 10, and Lots 5 through 9. He noted that the easterly portion of Lot 16, which lies north of Meyers would also be potentially served as a buiiding site as well as the easterly portion of Lot 1, if approval was given for development of the property. He stated improvements would 6e on exist�ng right-of-way owned by the City and th�s is the sole means of access to Lots 17, 18, and 10. Mr. Libra stated he understands staff has reviewed the proposed tmprovement and the proposal takes into account spreading the assessments according to law. He stated the petitioner has agreed to pick up the assessments for the property owners who are not directly benefited He stated he 6elieves Lots 1, 2, 3, and 4 will benefit as well as the property owner to the north of Meyers. Mr Libra stated, regardless of the proposed improvement of the park, wh�ch would necessitate lengthy negotiations, he felt the reasonable and fatr thing to do would be to approve the requested tmprovements and proceed accord�ngly. , , ' L__J I� u L � REGULAR MEETING OF MAY 15, 1978 PAGE 7 Mayor Nee asked, with this plat, if seven lots would be acceptable with the petttioners. Mr. Libra stated he thought the plat of the five lots to the south, Lots 5 through 9 were a separate question, and not t�ed in with the improvement of Meyers and Hillcrest. Mayor Nee stated he would call the question on the resolution ordering the improvement and called for a motion to adopt the resolution No motion was made to adopt the resolution to order the improvement. CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: SANITA�Y SEWER AND WATER IMPROVEMENT PROJECT #124 MEYERS/HILLCP,EST TABLEG 3/20/78 - 5/1/78) Mayor Nee called for a mot�on to adopt this resolution, however, no motion was made to adopt the resolution. Mayor Nee stated, �f they wished, the petitioners could contact the staff regarding this matter. CONSI�ERATIDN OF APPOINTMENT TO HUMAN RESOURCES COMMISSION (TABLED 5/1/78) MOTION by Councilman Fitzpatrick to table this item to the June 5, 1978 meet- ing. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: OF FIRST REA�ING OF AN ORDINANCE FOR STREET AND ALLEY VACATION �OSEPH SINIGAGLIO, GENERALLY LOCATED BETWEEN THE 4700 BLOCK ON 3RD STREET N. E.: M�7TION by Counctlman Fitzpatrick to waive the reading and approve the ordinance upon first reading, with the stipu7ation that the vacated ease- ments be mainiained. Seconded by Councilman Schneider. Mr. Sobiech, Public Works Director, stated they have corresponded with the petitioner, Mr. Sinigaglio and the property owner to the north, regarding maintenance of the vacated easements and they both understand what has to be maintained UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR ZONING OR�INANC Councilman Fitzpatrick stated he was concerned about the three properties on 57th which are not included in the resolution for rezoning. He felt these properties should be included in the rezoning because they are used for residential purposes. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, based upon the results of the public heartng Further, �t is requested that before the second reading, the ordinance be changed to , include in the rezontng the three properties to the south of 57th Place, between 57th Avenue and 57th Place, and immediately to the east of Main Street Seconded by Councilman Schneider Mr. Qureshi, City Manager, stated, if the Council wishes to include these three addittonal properties, it would be necessary to hold a public hearing since they were not �ncluded in the original notice for rezoning. i . �, �. REGULAR MEETING OF MAY 15, 1978 PAGE 8 Mayor fJee stated he understands all three property owners wish to be included in the rezoning and questioned if it would be necessary to go through with the notice and hold the hearing. Mr. Herrick, City Attorney stated, if the property owners and any mortgage companies which might be involved, sign a waiver that they didn't rece�ve notice of the rezoning, but wish to be included, it could be handled in th�s manner. Councilman Fitzpatrick felt it should be brought back with the waivers from the property owners, if this can be done, so that it would not be necessary to hold another public hearing. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Schneider commended the staff and the Ne�ghborhood Committee for their work on this issue and recommendation on the rezoning. RECESS Recess called by Mayor Nee at 9.55 p.m. RECONVENED: The meeting was reconvened at 10•10 p.m. by Mayor Nee. All council members were present. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #78-02, BY MARQUETTE STATE BANK, REZONE FR M M-2 TO C-2; 25 OSBORNE ROA� N.E.: MOTION by Councilman Hamernik to waive the readin9 and approve the ordinance upon first reading, w�th the followin9 stipulations (1) Appropriate screen- in9 must be provtded to satisfy district separation requirements and parking lot screening and/or landscaping requirements; (2) Landscaping plan must be reviewed by St Paul Board of Water Commissioners and Fridley Administration, and (3) Proposed driving aisles and traffic pattern to be reviewed in an attempt to provide additional setback from property l�nes to drive aisles. Seconded by Councilman Barnette. Mr. Sobiech stated these stipulations have been discussed with the pet�tioner and there are not any problems with them. UPON A �OICE vOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously CONSIDERATION OF APPROVAL OF FINAL PLAT, PRELIMINARY SUBDTVTSTON P. S. #78- EAST RANCH ESTATES 3RD ADDITION, BY MAR4UETTE STATE BANK: GENERALLY LOCATED Mr. Sobiech, Public Works Director, reviewed the stipulations which should 6e attached to th�s subdivision application. He stated these were discussed with the petitioner. Mr. Schroer, who was in attendance at the meeting, also indicated he had no ob,7ectians. MOTION by Councilman Hamernik to approve Subdivision P, S. �78-03, East Rancf� Estates 3rd Addition with the following stipulations• (1) Proposed Lot 1 shail be rezoned to C-2S to conform to existing use; (2) Lot i wiTl be attached to and placed on one parcel number for Frank's Nursery (Frank's Nursery presently uses Lot 1 for outdoor display); (3) Sanitary sewer easement will be provided for Lot 2 from the sam tary sewer lateral �n 77th Avenue; (4) Grad�ng and drainage plan to be su6mitted to Administration for review at time of issuance of building perm�t; specifically a means should be noted to retain/detain water on developments either through rooftop/parking lot/ � I � u ' ' � � �! LAR MEETING DF MAY 15. 1978 PAGE 9 ponding retention, and (5) Provide additional street easement for bikeway/ walkway purposes along south side of proposed plat. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. EIVING THE MINUTES OF THE PLANNING COMMISSION MEETING DF MAY 3, 1978: APPEALS COMMISSION MEETING MINUTES OF APRIL 25, 1978: � A. SAMUEL DAHLBERG, 465 LIBERTY STREET N. E.: Mr. Sobiech, Public Works Director, stated the Appeals Commission at their April 25, 1978 meeting heard this request for a variance of the front yard set6ack from the required 35 feet to 18 feet. He stated approval was recommended on a 3-1 vote. Mr. Sobiech stated on page 13-0 of the agenda 600k, there is a map showing the future plans of the pet�tioner. These plans include a future single family home to the East. Mr Sobiech stated this request was brought to the Council because of the o6,7ections ra�sed by neighboring property owners. Mr. Sobiech stated, from a zon�ng point of view, variances are related to hardship and uniqueness and character of the lot He stated this lot is unique as it has topography that makes building quite difficult. Mayor Nee asked if staff felt th�s home could be constructed, without hazard to the creek. Mr. Soblech felt there would be no problem, however, there �s no doubt with the topography as ii is that a lot of trees would have to be removed to allow development of the property. � Mayor Nee stated they were assured the variance granted on Alden Way wouldn't cause any problems, which wasn't the case, and are now considering another one. Mr. Qureshi felt, tn this case, a different terrain is involved. He felt in the case on Alden Way, the terrain was much more severe and he is not say�ng the City shouldn't be concerned, but felt the magnitude is different. Mr. Sam Dahlberg, 8605 Baltimore Street, indicated he would like the variance in order to locate the house on the lot the best possible way. He stated he had a proposed plan of the house which Mr. Sobiech presented to the Council. Mr. Randy Hoffa, 8000 E. River Road, presented an overlay that showed the property lines and hill position of the property. He stated there are other possibilities for Mr. Dahlberg to develop the property. He felt, if the house was moved directly to the East, it would 6e another seven feet away from the creek and save some of the trees. He also felt the house could be built to the North, which would still put �t more on the hill, but would require less of a variance to the setback requirement Mr. Hoffa stated, as proposed, this plan leaves access for development of another lot to the East, which would be more beneficial for Mr. Dahlberg, but the house could be constructed on the lot without the variance. Mr. Hoffa felt Mr. Dahlberg had a number of options for the use of the land as he has offered him money for the land and also discussed the possibility � of trading 20 feet. He felt, iherefore, Mr. Dahlberg had a number of options for use of the land. Mr Sobiech stated, tf something could be arranged to avoid the variance, that wou1d be more desirable. Mr. Hoffa stated he is saying that to build two houses would be a problem and, without the variance, Mr, Dahlberg could not build 6oth homes. Councilman Fitzpatrick stated he cannot see a hardship as it has been demonstrated the home can be built on the lot by moving it further East. REGULAR MEETING OF MAY 15, 1978 PAGE 10 Mr. Doug Lindquist, 450 Liberty Street, felt logically and environmentally speaking, if the variance is approved, it would mean the removal of a lot of trees and feels the property doesn't fit for two homes. He also felt there �s too much traffic on the street already, without provis�on for a cul-de-sac. MOTION by Councilman Fitzpatrick to deny the variance requested by Samual Dahlberg on the basis that a hardship hasn't been demonstrated and a dwelling can be placed on the property without the extreme variance requested. Seconded by Councilman Hamernik. Councilman Schneider questioned the statement of hardship relating to this variance request. Mr. Sobiech read the statement from the Apr�l 11, 1978 Appeal Commission minutes. UPON A VOICE VOTE TAKEN ON THE h10TI0N, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatr�ck to receive the minutes of the Planning Commission Meeting of May 3, 1978. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF �n�n. SI 20 MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of April 20, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. THE MINUTES OF THE POLICE COMMISSION MEETING OF APRIL 27, 1978 MOTION by Councilman Schneider to receive the minutes of the Police Commission Meeting of April 27, 1978. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR UTILITY ENCROACHMENT AT 1411 KERRY CIRCLE A. R. POTAMI: Mr. Sobiech, Public Works �irector, stated this is a request from Mr. Potami for an encroachment of the utility and drainage easement on his property at 1411 Kerry Circle �n order to provide for decking surrounding an in-ground swimming pool. Mr. Sobiech stated the staff has no ob�ectton to the encroachment as long as the property owner understands his responsibility. In the event the easement is ever utilized, the owner would be responsible for removal and replacement of any items which may conflict with the use of the easement. MOTION by Councilman Schneider to grant the request for encroachment into the uttlity and dratnage easement as requested by Mr. Potami for property at 1411 Kerry Circle. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously CONSI�ERATION OF A REQUEST TO REFUND BUILDING PERMIT FEES TO THE WALL CORPORATION: Mr Sobiech, Public Works Director, stated this is a request from Fred Wall for a refund of building permit fees for the previously proposed apartment pro�ect for Alice Wall Rdditton or the property to the East of the Civic Center complex, as plans did not proceed. Mr. Sobiech stated another pro�ect is being constructed on this property and permits were issued to the Canadian Financial Corporation. Mr. Sobiech stated the original building permit fee was $6,546.46; however, $1,586.59 should be retained for checkin9 the original plans and a$1,200.00 surcharge paid to the State cannot be refunded. The amount to be refunded, therefore, would be $3,759.87 ' ' �J � _ � � REGULAR PIEETING OF MAY 15, 1978 PAGE 11 Councilman Hamernik was concerned if the amount reta�ned would adequately cover expenses incurred by the C�ty. MOTION by Councilman Hamernik to authorize the refund of the building permit fees in the amount of �3,759.87 to the Wall Corporatton, as recommended by staff. Seconded by Councilman Fitzpatrick. Mr Richard Harris, 6200 Riverview Terrace, was concerned that the amount the Czty retained covered all the adm�m strative costs. Mr. Sobiech pointed out that all the variance fees were collected separately. Mr Harris stated his concern is that he didn't want others in the community to pick up the tab for all that has happened on that pro�ect. Mr. Qureshi, City Manager, stated on all of the zoning and variance applications that were applied for, fees were collected for these items, however, plans were never executed to the point of butlding construction UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. RECEIVING PETITION NO 9-1978 EXPRESSING DISPLEASURE WITH INCONVENIENT, MOTION by Councilman Schneider to receive Petition No. 9-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Puhlic Works Director, stated bids were opened on R1ay 6 and the project is in the second phase and will be done this summer. He stated the road w�ll be improved to proper standards, but it is ,7ust a matter of time. N70 � AN AGREEMENT WIlH MILLER-DUNWIDDIE ARCHITECTS, INC. FOR SERVICES AND CONSTRUCTION COORDINATION FOR ISLAN�S OF P Mr. Quresht, C�ty Manager, stated correspondence was received from Miller-Dunwtddie showing a breakdown of their fees. Mr Qureshi stated, if the City does enter into this agreement, they are taking on some obligation, even if construction of the building doesn't proceed. He stated, his ma,7or concern, has been what kind of commitment the City has for the maintenance abd prograrmm ng of the facility. He felt, if the Council wzshes to proceed with authorizat�on to enter into this agreement and has some reservations aboui taking on the responsibility for ma�ntenance and programming of the facility, the City Attorney could check these points before the agreement is signed by the Mayor and City Manager If the City Attorney determines that the grant application and agreement executed with the State Planntng Agency does not obligate the City to maintain and program the factlity, staff would proceed to execute the agreement with the architect. If this ts not the case, however, the matter would be brought back to the Council. MOTIDN by Councilman Hamernik to authorize entering �nto the agreement with Mi71er-Dunwiddie Archttects, Inc. contingent on a finding 6y the City Attorney , that the City isn't under obligation to operate, maintain, and program the Islands of Peace facility if the Islands of Peace Foundation should default. Seconded by Councilman Barnette. Mr. Herrick stated, in the agreement signed with the State Planntng Agency, reference is made to about five statutes they rely on for authority He stated he would check the contexC of each one of those statutes and whether it specifically g�ves them that authority. S� 1 �J REGULAR MEETING OF MAY 15, 1978 PAGE 12 UPON A VOICE VOTE TAKEN ON THE P10TION, all voted aye, and Mayor Nee dec�ared the motion carried unanimously. Mr. Qureshi, City Manager, stated he would also check with the architect to make sure the estimates that had been given for construction of the activity building on the Islands of Peace are still valid. CONSIDERATION OF EXECUTION OF STATE OUTDOOR RECREATION GRANT PROJECT AGREEMENT ninnrnirniiTU ❑rvri.invn.ini v�.inv rni �nrvr onov . Mr. Sobiech, Public Works Director, stated approval was received from the Department of Local and Urban Affairs for constructton of a North/South Bikeway/Walkway trail in Locke Park. He stated the total amount of funds required by the Ctty would be approximately $15,108 which the City would have until 1980 to come up with. MOTION by Councilman Schneider to approve the execution of the State Outdoor Recreation Grant Pro,7ect Agreement. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ONSIDERATION OF ALTERNATIVE INSURANCE COVERAGE PROPOSAL FRDM THE LEAf,UE OF rninircnrn rTTTrc. Mr. Qureshi, City Mana9er,stated the League of Minnesoia Cities is in the process of deciding whether to attempt to create an alternative to the conventional purchase of insurance from commercial companies, because many Minnesota cities have experienced difficulttes in obta�ning insurance at a reasonable cost. Mr. Qureshi stated, if the Council destres to investigaie this alternative, then the survey submitted by the League should be filled out and payment of $100 authorized as a contribution in establishin9 an alternative to the conventional insurance market. Councilman Hamernik felt, if a ltmit was put on liability cases, it would probably change the picture as far as insurance costs. Mr. Herrick, City Attorney, stated some courts have ruled this is not constitutional. MOTION by Councilman Schneider to instruct the staff to compleie the survey and aliocate the $100 from the budget. Seconded by Counciiman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND CONSIDERATION OF Al�lARDING CONTRACT FOR MUNICIPAL GARAGE FxvanieTnni Rrn np�nirnir anGnQ MOTION by Councilman Barnette to receive the bids for the municipal garage expansion Contractor Roger Sheehy Co. 7091 Highway 65 N.E. Fridley 55432 Norman Berglund Const. 464 Second St, Box 475 Excelstor 55331 GEM Construction 13001 Cedar Ave. So Box 25 Apple yalley 55124 f�l. A. Barr Const. 3900 85th Ave. Brooklyn Park 55443 Henning-Nelson Const. PO Box 22708 Suite 120 3735 No. Hwy 52 Minneapol�s 55422 Base Bid � Days $85,850.D0 120 $85,121 00 180 $90,954.00 120 $95,950.00 - $84,600.00 100 Bid (1) Sec Add'a Bond 1 �� � �� � �� � �� � ' ' ' �,,� �r ��� REGULAR MEETING OF MAY 15, 1978 PAGE 13 Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated the recommendat�on from City staff was to re,7ect the bids, as they were substantially higher than the architect's estimate. MOTION by Councilman Schneider to re,7ect the bids on the finding that the lowest bid is approximately double the estimate and out of the budget range , Seconded by Councilman Fitzpatrick. Upon a vo7ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. - Mr. So6iech felt the expenditure for this expansion couldn't be ,7ustified through use of the general fund. He stated the City will retain the construction plans and specifications and when appropriate, make application for funding through grant programs. � Mr. Herrick City Attorney, stated there are a few local contractors who are doing a lot of building around the immediate area and have a reputation for being econom�cal 6uilders. Mr. Qureshi, City Manager, felt perhaps staff could investigate this approach of using local contractors and bring the matter back to council MDTION 6y Councilman Hamernik to receive Petition No 10-1978 from Ken Isaacson. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to adopt Resolution No. 39-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 40-1978 AUTHORIZING EXECUTION OF SUPPLEMENT �r2 TO COOPERATiVE AGREEMENT ,'�`r54797 WITH THE STATE OF MINNESOTA AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF COLUMBIA HEIGHTS RELATING MOTION by Councilman Hamernik to adopt Resolution No. 40-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to authorize the execution of the agreement with the City of Columbia Heights relating to Storm Sewer Pro�ect (45th Avenue Outfall, original dated 1965 Project 0 Pro,7ect S#12). Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT: CITY EMPLOYEE: MOTION by Counctlman Fitzpatrick to concur wtih the appointment of Pamela Hagen as Clerk-Typtst at $622/month, effective May 12, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion � carr�ed unantmously. CLAIMS: MOTION by Councilman Barnette to author�ze payment of Claims No 117J02 through 131964 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaninously i �1 LF REGULAR MEETING OF MAY 15, 1978 LICENSES. PAGE 14 MOTION by Councilman F�tzpatrick to approve the licenses as submitted and as on file �n the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES MOTION by Councilman Hamernik to approve the estimates as submitted. Patch Erickson Madson, Inc. Architects & Planners 2311 Wayzata Boulevard Minneapolis, MN 55404 Design Development, Fridley Garage Addition Dated March 31, 1978 Curtis A. Larson National Assn. of Independent Fee Appraisers 6279 University Avenue N.E. Minneapolis, MN 55432 Curtis A Larson 6279 University Ave. N.E. Malcomb B. Allen 403 Jackson Street Anoka, MN 55303 Harvey Peterson 151 Glen Creek Road Weaver, Talle & Herrick 316 East Main Street Anoka, MN 55303 For legal services rendered, April, 1978 Smith, Juster, Fe�kema, Chartered 1250 Builders Exchange Build�ng Minneapolis, MN 55402 For legal services rendered, April, 1978 $ 1,372.00 528.75 539.40 528.75 2,045.00 1,780.00 Seconded by CounctTman Schnetder. Upon a voice vote, aTi voting aye, Mayor Nee declared the motion carried unanimously. A�JOURNMENT: MOTION By Councilman Fitzpatrick to ad,7ourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meet�ng of the Fridley City Council of May 15, 1978 ad,7ourned at 11 47 p.m. Respectfully submitted, �'Gl �'�'� '�d,l�A.kC� Carole Haddad Secy to the City Council Approved. �une 5, 1978 �������o� � William J. Nee Mayor l__J , ,