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12/04/1978 - 00013976, � THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF DECEMBER 4, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None PRESENTATION OF MEMORIAL PLAQUE HONORING MR. RAYMOND SHERIDAN: Mayor Nee stated the Council wanted to do something to express their apprec�- ation to Ray Sheridan for the tremendous contributions he had made to the City of Fridley. Therefore, a memorial 6ronze plaque was prepared to be displayed in the entry of City Hall. Mayor Nee read the inscription on the plaque to Mrs. Sheridan and the audi- ence and Mayor Nee thanked her for coming to the meeting this evening. He stated the plaque would be hung immed�ately at the City Hall. APPROUAL OF MINUTES: REGULAR COUNCIL MEETING. NOVEMBER 6. 1978: MOTION by Councilman Hamernik to approve the m�nutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the mot�on carried unanimously. PUBLIC HEARING MEETING, NOVEMBER 13, 1978: MOTION by Councilman F�tzpatr�ck Seconded by Councilman Schneider Nee declared the motion carried ADOPTIDN OF AGENDA: to approve the minutes as presented . Upon a voice vote, all voting aye, Mayor unantmously. MOTION by Councilman Schneider to adopt the agenda as submitted Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee de- clared the motton carrted unanimously. OPEN FORUM, vISITORS: Mr. Ed Wilmes, 6350 Riverview Terrace, appeared before the Council and ex- plained why the Islands of Peace did not pursue the LAWCON grant. He stated thts was considered, however, it was decided to go to the Metropolitan Council , to hopefully get designation as a regional facility, in order to develop the land they now have. Mr. W�lmes also questioned the use of a bus, which the County turned over to the City, by the Islands of Peace He suggested a committee be set up to determine how the bus would be used. He felt the Islands of Peace would have a great need for use of the bus. Mayor Nee stated he understands that the Planning Staff has attended to the amendment process regarding the grant application As far as the use of the bus, Mayor Nee suggested Mr. Wilmes contact Dr Boudreau of the Parks and Recreation Department. REGULAR MEETING OF DECEMBER 4, 1978 OLD BUSINESS• � I PAGE 2 MOTION by Counc�lman Schne�der to adopt Resolution No. 123-1978. Seconded 6y Counc�lman Barnette. Councilman Schneider stated h�s primary concern was how far off budget they will be in the conttngency fund. Mr. Brunsell, C�ty Clerk, stated the two biggest areas are in the Police �epartment involving the STEP program and the mandated wage increase for untformed police officers. He stated, another large contingency area �s in the Fire Department involving payments to volunteer firemen. Mr. Brunsell explained, however, the total amounts added to both the Fire and Police �epartments is not all com�ng out of contingency. An amount of $25,202 is out of contingency for the Police Department and $14,292 out of contingency for the Fire Department. Mr. Brunsell po�nted out that tn other areas, such as Code Enforcement and Plann�ng, these funds may come in over a period of time, but not necessarily this year. Councilman Schneider stated h�s concern �s that they should know why there �s a problem in those areas, but stated he real�zes these changes are oniy one-half of a percent of the total budget. UPON A �OICE UOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee de- clared the motion carried unanimously. NEW BUSINESS: ORDINANCE N0. 689 FOR SAV �78-04. TI�OTHY P9UNN AND TODD BLAIR fHILL- MOTION by Counc�lman F�tzpatrick to �aa�ve the second reading of Ordinance No. 689 and adopt it on the second read�ng and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carr�ed unanimously. CONSIDERATION OF AWARDING WORKf1EN'S COPIPENSATION BIDS: Mr. Brunseil, City Clerk, stated the City advertised for bids for workmen's compensation in the Sun Newspaper. He stated one bid was received which was from Western Casualty through the Transcontinental Brokers Agency. Mr. Brunsell expla�ned the company who submitted a 6id is not the same company that carried the City's workmen's compensation �n 1978. He stated, unfortunately, the City's record was not good for 1978 and pointed out the losses for this year. He also pointed out the City had two large losses �n 1977. Mr. Brunsell stated the premium in 1978 was $64,000, but workmen's compensa- tion rates have gone up considerably because of changes in the compensation pay rates which went into effect �n October, 1977. Mr. Brunsell stated he has a deposit from Western Casualty for a premium of $86,618 for the year 1979, however, �f the City has a bad year, as far as losses, the cost could go up to $94,673 which would be the maximum. If, however, the City has a good year, the mim mum with no losses would be $25,995. MOTION by Councilman Fitzpatrick to receive the bid from Western Casualty and award the contract to Western Casualty through Transcontinental Brokers. Seconded 6y Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �1 L J � REGULAR MEETING OF DECEMBER n, 1978 PA6E 3 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 22, 197�� 1 APPEALS COMMISSION MEETING OF NOVEMBER la, 1A78 A. KIRYLO CZIHRAY, 7579-81 �IRWOOD I�AY Mr Sobiech, Publtc Works Director, stated this is a request to reduce the required rear yard setback on a double frontaqe lot from the required 35 feet to 14 feet to allow construction of a garage for a double bungalow at 7879-81 Firwood Way N.E Mr. Sobiech stated, in th7s area, variances of this nature have been granted before in order to provide garages and addittonal off-street parking He stated the Appeals Commission recommended approval with the st�pulation that the driveway remain a shared driveway with the property to the south. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission with the stipulation that the driveway is shared with the property to the south. Seconded by Councilman Barnette. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 6. RIGHARD THACZIK, 545� 5TH STREET Mr. Sobiech, Publtc Works Director, stated this is a request for a stde yard variance to reduce the required 35 foot side yard setback, from a side street of a corner lot, to 28 feet in order to build a four-plex apartment. Mr. Sobiech siated the Appeals Commission recommended approval of this request. He pointed out, however, there was discussion by the Commission if the petitioner had any interest in acquirtng additional property to the south. Mr Thacn k, the petitioner, stated he is in the process of purchas�nq the 4� foot lot to the south. He stated he could then put in two more units and would only need a variance of 3 feet, instead of 7 feet. � Mr. Herr�ck, C�ty Attorney, stated th�s would probably be a different proposal than what the Appeals Commission heard since the petit�oner is purchas�nq the — property to the south. Mr Sobiech, Public Works Director, stated the A�peals Commission heard the request to allow a variance from the required 35 feot setback to 28 feet. 7he petttioner is now proposing only a three foot variance, but add�ng two more � un�ts. Councilman Fitzpatrtck stated the petttioner, at the time of the Appeals Commtssion meeting, intended to provide for only a four-plex, however, w�th the purchase of the other property, he is actually reducina the amount of the variance, as far as the setback is concerned Mr. Herrick didn`t feel there was a legal requirement to send this item back to the Appeals Commission, 6ut if the Council wished, they could do so. MOTION by Councilman Fttzpatrick to concur with the recommendation of the Appeals Commission and approve this request for variance Seconded by Counctlman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. C. NEDEGAARD G�NSTRUCTI�N C��PAPIY, a526 7ND STREET� ' . Mr. Sobiech, Public Works Director, stated th�s �s a request for several variances on a 0.0 foot lot involving reduction of the lot area; reduct�on of the front yard setback and the side yard setbacks, reduc�nq the floor -� area, and increasing the lot coverage. Mr. Sobiech stated discussion by the Appeals Commission was favorable and they recommended approval. He explained what now exists on this site 7s a substandard house which ts in very bad cond�tton, He stated the Comm�ssion's reason for recommend�ng approval was that there is an existing health and safety prob7em and would be in the best interests REGULAR MEETING OF DECEMBER 4, 1978 PA�E � of the neighborhood to remove the structure as soon as poss�ble and that the new structure would be compatible with other homes and lots in the neighborhood He stated there was some concern s�nce there was d�scusston in the past, whether a 40 foot lot was a bu�ldable site. The Planning Commission recommended this matter 6e tabled for 90 days. Mr. Herrick stated he didn't make any comments to the Appeals Commission as he wasn't aware of the request, but was made aware of the situation a day or two before his memo was written. Mr. Herrick felt the City has a question of policy to resolve whether or not they wi11 ailow the owner to rebuiTd if they have non-conforming uses of this type that are getting to the end of their economical usefulness. Mr Herrick felt, however, if Council was to act favorably on this request, findings and reason should be set forth, in writing, and put into the recortl. He pointed out there already is an existing house on the site and several other houses in the area on 40 foot lots and that residents expressed the fact they didn't believe the variance would deteriorate the neiqhborhood. Councilman Fitzpatrick stated he is not prepared at this point to say this request is different from others that were denied in the past, and therefore, would be agreeable to tabling it for 90 days. MOTION by Councilman Fitzpatrick to table th�s request for 90 days during which time the Appeals Commission is to review it again in light of the City Attorney's memo and comments that the City would have to come up with a statement as to what way and what degree this request is different from those that were denied. Seconded by rouncilman Schneider. Mr. Herrick feit the staff should carefuily review the other requests they have had over the last 10 years to compare them with this particular one. UPOD1 A VOICE VOTE TAKEN ON THE MOTION, all voted, aye, and Mayor Nee declared the motton carried unanimously MOTION by Counc�lman Fitzpatrick to receive the minutes of the Planning Commiss�on Meeting of November 22, 197II. Seconded by Counc�lman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan;mously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF OCTOBER 17, 1478• MOTION by Councilman Hamernik to receive the minutes of the Charter Commission Meeting of October 17, 1978. Seconded by Councilman Barnette. Ilpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CABLE TELE�ISION COP�MISSION MEETINr, OF NOVEMBER 15, 1978: MOTION by Councilman Fitzpatrick to receive the minutes of the Ca61e Television Commission Meeting of November 15, 1978 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor �lee declared the motion carried unanimously CONSIDERATION DF APPRO�AL OF INTERCEPTOR MAINTENANCE AGREEMENT �67 GlITH nnrrnnnni •rnu �.inr�rr rnn�rnni rnunn.rrrnn� rnn �m-n MOTION by Councilman Barnette to approve the Interceptor Maintenance Agreement �`67 w�th the Metropolitan Waste Control Commission for 1979. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF �OINT USE RENTAL AGREEP4EfdT �191 WITH METROPOLITAN WASTE CONTROL COMMISSION FOR 197'; MOTION by Councilman Hamernik to approve the Joint Use Rental Agreement �191 with the �1etropol�tan Waste Control Commission for 1979. Seconded by 1 , . , � � REGULAR MEETING OF DECEMBER 4, 1978 PA�E 5 Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the mot�on carried unanimously. RESOLUTION N0. 124-1978 REQUESTING MINNESQTA DEP PORTATIDN MOTION by Councilman Hamernik to adopt Resolution No. 124-1978. Seconded by Councilman Barnette. Upon a votce vote, all voiing aye, P4ayor Nee declared the motton carr�ed unanimously. RESOLUTION N0. 125-1978 REQUESTING SUPPORT FOR SIGNAL BY THE AN�KA Cn�INTY COMMISSIONERS: MOTION by Councilman Barnette to adopt Resolution No. 125-1978 Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. LICENSES• MOTIDN by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the L�cense Clerk's Off�ce. Seconded by Cauncilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS MOTION by Councilman Hamernik to authorize payment of Claims No. 306F22 through 333997. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES MOTION by Councilman Hamernzk to approve the estlmates as submitted Mi11er Dunw�ddie Architects, Inc 7913 Southtown Center Minneapolis, MN 55431 Islands of Peace, Reception Center Building September 1 through October 31, 1978 Consultation, planning, review of show draw�ngs, observation of construction $1,782.65 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously. COMMUNICATIONS: ROBERT H SCHROER� SEARS PROPERTY• MOTION by Counctlman Hamernik to receive the communication from Robert Schroer dated November 28, 1978 regarding the Sears property Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A�JOURNMENT: MOTION by Councilman Fitzpatrick to ad�ourn the meeting. Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared � the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 4, 1978 ad�ourned at S•40 p m. Respectfully submitted, � � A /iC��i�N-L�� ��,� `/ l ��'� �-��i�<� v v1 r � Carole Haddad Ulilliam � Ne� Secy. to the City Council Mayor Approved: 12/18/78