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10/01/1979 - 00013703THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOQER 1, 1979 The Regular Meeting of the Fridley City Council was called to order at 7�30 p.m. 6y Mayor Nee PLE�GE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL. MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Councilman Barnette, Councilman Schneider, Mayor Nee, Councilwoman Moses and Councilman Fitzpatrick None PUBLIC HEARING MEETING, SEPTEMBER 17, 1979 MOTION by Councilwoman Moses to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING, SEPTEMBER 24, 1979 MOTION by Counc�lman Schneider to table this item until the next meeting in order that the Council may have the opportunity to review these minutes. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA. MOTION by Councilman Fitzpatrick to adopt the agenda as sumbitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously. OPEN FORUM, VISITORS Ms. Lee Ann Sporre appeared before the Council regarding a meeting on the sub�ect of the airport and Highway 10 on Wednesday, October 17, 1979, at the Northtown Center Community Room at 7 p.m. She urged the Council mem- bers to pass the word around about this meet�ng, as she felt it was vital to the �ublic interest. Ms. Sporre distributed a copy of an article which appeared in the Minneapolis Tribune on March 5, 1968, entttled "Anoka County Airport Urged as Ma�or Facility". She requested the Council to re- ceive this into the record as the article contained a map which showed the existing site of the Anoka County Airport and the proposed expansion area. �ouncilman Schneider asked if there have been any more offi cial meetings regardiny the airport. Mr. Qureshi, City Manager, stated if staff receives any such information, tt would be passed on to the Council. OLD BUSINESS ORDINANCE N0. 701 AMENDING CHAPTER 405 ENTITLED CABLE TELEVISION FRANCHISE. MOTION by Counc�lman Fitzpatrick to waive the second reading of Ordinance No. 701 and adopt it on the second reading and publ�sh. Seconded by Counc�lman Schneider. Counc�lman Schneider noted that this ordinance does not contain the two addttional amendments proposed by the cable television company. Mayor Nee stated that he felt these two proposals should be processed through the Cable Television Comm�ss�on. UPO N A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � � � , REGULAR MEETING OF OCTOBER 1, 1979 Page 2 Mayor Nee stated the petitioner has made a request that this ttem be tabled to the Council meet�ng on October 22, 1979. MOTION 6y Counctlman Barnette to table this item to the meeting of October 22, 1979. Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously NEW BUSINESS. ORDINANCE NO 702 ADOPTING THE BUDGET FOR THE FISCAL YEAR 1980: MOTION by Counctlman Fitzpatrick to waive the second read�ng of Ordinance No. 702 and adopt it on the second read�ng and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously. CONSIDERATION OF A REQUEST TO BUILD A STEEL BUILDING GARAGE FOR AN EXISTING unncr nr ��no nnn CTDCCT rni n ninni !`f1AIC(1DMT�IC Tmm�cTOrni norn. Mr. Qureshi, City Manager, stated thts is a request to build a garage at 7748 Elm Street and the property is a non-conform�ng use and expansion of a non- conforming use is proh�bited. Mr, Anderson, the applicant, appeared before the Council regarding his request. He stated he is in need of a garage which would be 30 x 32 feet and of steel construction so it could be taken down. He stated he has been waiting 25 years for someone to buy him out, but it hasn't happened and that he needs this garage for greasing his vehicles. � Mr. Herrtck, City Attorney, stated the property is zoned industrial and �f a new structure or enlargement is to be placed for residential purposes that is expanding a non-conforming use as, he understands, the property is not sufficient in size to qualify for an industrial building. �I __J Mr. Anderson stated he had the property zoned �ndustrial, but didn`t believe he couldn't put up a garage. Councilwoman Moses pointed out in other �ndustrial areas, fencing is required for items that are stored and in Mr. Anderson's case, all his trucks are out in the open Counc�lman Barnette stated Mr. Anderson has the situation where there is a home s�te in an �ndustrial area and is request�ng approval to put up a structure in order to do some work on his trucks. He questioned why this couldn't be done. i�lr. Herrick, C�ty Attorney, stated the property is not properly zoned to expand for resident�al purposes and is not large enou9h for industrial purposes. He felt the only poss�biltty Counc�l could consider was if they treated the garage as an industrial building and then variances would have to be granted. Mr. Herrick suggested this item be tabled to the next meeting in order to review the matter further. MOTION by Councilwoman Moses to table th�s item to the next meet�ng on October 15, 1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATIDN OF A REQUEST TO ENCROACH 1.04 FE �RAINAGE EASEMENT AT 6249 ��i0TI0ft by Counctlman Schnetder to approve the encroachment of 1.04 feet into a drainage easement at 6249 Ben More Drive. Seconded by Counc�lman Barnette. Upon a votce vote, all voting aye, Mayor Nee declared the motton carried unan- i�mously. RECEIVING APPEALS COMMISSION MINUTES OF SEPTEMBER 18, 1979 �n REGULAR MEETING OF OCTOBER 1, 1979 Page 3 VARIANCE REQUEST TO REDUCE FRONT YARD SETBACK FROM REQUIRED 35 FEET TO APPROXIMATELY 18 (+/-) TO ALLOW ENCLOSURE OF TWO SIDES OF EXISTING STRUCTURE FOR A 10 x 16 FOOT SCREEN PORCH, BY ROSEMARY LANDIS, 530 �ANESVILLE STREET. Mr. Qureshi, City Manager, stated this property presently protrudes into the front yard and the owner w�shes to screen in for a porch which will make the front of the house a straight line. Ms. Landis, the petitioner, appeared before the Council regarding her request She stated the house has a �og in front and felt it would be nice to screen it off for a porch. She stated it is on the north side and felt this might also give extra protectton against the wind. Mr. Russell Tenney, 528 Janesville Street, a neighboring property owner, stated he had no ob�ection to Ms. Landis' request. Ms. Landis stated she spoke to the Schommer's and they had no ob�ection as lon9 as she wasn't going any closer to the property line. Mr. Larry Korzenowskt, 529 Janesv�lle Street, stated he ob�ected to the variance as the building �s only 22 feet from the street. He stated it is eye-catching as you go down the street. He felt it was really too close to the street and more structure would also increase the eyesore and not prove any useful purpose. Mr. Korzenowski felt the property is in such a state of disrepair and a porch would be detrimental to the whole street, if it is kept up the same as the rest of the house. Councilman F�tzpatrick stated in Mr. Korzenowski's reference to "more structure", he pointed out there is a structure there now and the proposed structure does not come up any further. Councilman Fitzpatrick stated he felt it was a reasonable request. He stated tt is close to the street, but he env�sions the clostng in of that area �sn't going to encroach into the front yard or street any closer than it is now. He po�nted out there are several homes on th�s side of the street that are cer- tainly less than 35 feet from the street. Councilman Fitzpatrick stated he is not totally unsympathetic with P1r. Kor- zenowski's suggest�on, but didn't feel screenin9 th�s in would make that much difference and that �t was a reasonable request by the petitioner. Mr. Herr�ck, City Attorney, stated what the Council should address itself to is the question of hardship and whether there is something un�que about this case. He felt one question that may be pertinent �s �f the screen porch could 6e put on the back of the property. Ms. Landis stated a large tree and pipes. it would be a little awkward to get back there as there is an entrance �n the back to get to the water heater and the Councilraan Fitzpatrick felt the quest�on of hardship is pretty much in the eye of the beholder. He pointed out that the petitioner noted there is a large tree located in the back of the property and the situation isn't the same for locating the porch in the back of the house as �t is in the front of the house. MOTION by Councilman Fitzpatr�ck to approve the variance request to reduce front yard setbacks from the requ�red 35 feet to approximately 18 (+/-) to allow enclosure of two sides of existing structure for a 10 x 16 foot screen porch, as requested by Rosemary Landis, 530 Janesville Street. Seconded by Councilman Barnette. Councilman Fitzpatrick stated he felt the request was reasonable and indicated he was not totally unsympathet�c with Mr. Korzenowski, but didn'i feel that if it ts extended, it gives the appearance of encroaching more on the street . Mr. Korzenowsk� stated, as it stands now, it is not a pleasant structure to look at and felt this is �ust going to add to it. ' , � REGULAR MEETING OF OCTOBER 1, 1979 Page 4 Mayor Nee stated his reaction is that there isn't rationale to meet the criteria of a hardship. The premtse for the variance is that there is no other practical way to use the land and really wasn't intended for this sort of thing. UPON A ROLL CALL VOTE TAKEN ON THE MOTION> Councilman Fitzpatrick, Councilman Barnette, and Councilman Schneider voted �n favor of the motion. Mayor Nee and Counc�lwontan Moses voted aga7nst the mot�on. P1ayor Nee declared the motion carried by a 3 to 2 vote. � �ARIANCE REQUEST TO RE�UCE FRONT YARD SETBACK FRDM 35 FEET TO 27 2 FEET TO ALLOW AN 8 x 20 F007 ADDITION TD EXISTING ATTACHED GARAGE, EXIS Mr. Qureshi, City Manager, stated this request for a var�ance of the front yard setback was heard by the Appeals Commission and resulted in a tte mot�on by the Commission. Mr. Johnson, the pet�tioner, appeared before the Council regarding his variance request. He stated, if they built the addition to the back of the property, there �s no feasible way to get to the back as they would have to go through their dining room or kitchen area. They felt the proposal io build to the front would be best as they could 90 out through the garage. Counctlwoman Moses stated she visited with Mrs. Johnson who showed her their plans She felt, from a re-sale value, you typically will find a family room behind the garage and usually ad�oining an eating area. Councilwoman Moses stated, from her th�nk�ng, to have the family room come off the back of the ��ouse �nto an eattng area would make the property more valuable, rather than having a hallway to the family room. She questioned if this possibility had been explored. ' Mr Herr�ck, City Attorney, po�nted out that variances to the ordinance are to be granted where, because of some unique situat�on, as far as the property is concerned, an unnecessary hardship would be caused on the people living there Councilman Schneider asked if the family room couldn't be located in the back of the house and, therefore, no variances would be needed. Mr. Johnson stated the eating area in the kitchen 7s very small and if this was done, they would have the traff�c around the table. Councilman Schneider felt, in th�s particular case, to grant the variance would be for a conven�ence factor and he is not coinfortable, in his own m�nd, that a hardship can be justified. He stated, in the previous case, wh�ch was heard �ust before this request, there is a house that �s already encroachin9 on a lot line and it appeared the porch being placed in another area created access problems. Mr. Johnson stated he has an entrance to the front and didn't want to tear up the rest of the house. Counc�lwoman Moses stated she didn't want to prevent Mr. Johnson from having a family room, but, in her own mind, she felt that someth�ng could be planned for an alternative to build out the back of the house. MOTION by Councilwoman Moses to deny the variance request for Mr. Johnson, 7476 , Melody Drive Seconded by Councilman Schneider Mayor Nee stated he would be uneasy granting the variance in Melody Manor and would see nothing but a flood of requests and all k�nds of encroachments. ;ouncilwoman Moses stated she had the same problem as tM s was the first re- quest they had for a var�ance in Melody Manor and felt it would also set a precedent in that area. UPDN A vOICE vDTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motton carrted unanimously. REGULAR MEETING OF OCTO�ER l, 1979 PAGE 5 MOTION 6y Counc�lman Fitzpatrick to receive the m�nutes of the Appeals Commission Meeting of September 18, 1979. Seconded by Councilman Schne�der. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AUDITING SER�ICES FOR THE YEAR ENDING DECEMBER 31, 1979: Mr. Brunsell, City Clerk, stated a letter was received from the George M. Hansen Company �nquir�ng as to whether they could do the City's audit for the year ending December 31, 1979 He stated that this company has done the City's aud�t in the past and the City was well sat�sfied with the�r performance. Mr Brunsell requested the Council take into consideration the request from the George M. Hansen Company. MOTION by Councilman Schneider to name the George M Hansen Company to conduct the auditing services for the year ending December 31, 1979 due to the past performance of the�r work for the City. Seconded by Councilman Fitzpatr�ck Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unan- imously. MOTION by Councilwoman Moses to adopt Resolution No. 110-1979. Seconded by Councilman Schneider Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unan�mous7y. RESOLUTION N0. 111-1979 CERTIFYING CERTAIN DELINQUENT WATER AND SEWER CHARGES TO MOTION by Councilman Fttzpatrick to adopt Resolution No. 111-1979 Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION PJO. 112-1979 �ESIGNATING POLLING PLACES Motion by Councilman Schneider to adopt Resolution No. 112-1979. Seconded by Counc�lman Barnette. Upon a voice vote, all voting aye, Mayor fJee declared the motion carr�ed unanimously. RESOLUTIOfJ NO 113-1979 DIRECTIfJG THE ISSUANCE OF TEMP PROJECT N0. 1 IMPROVEMENT BON�S Motion 6y CouncTlman Barnette to adopt Resolution No. 113-1979. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. � PRO�EMENT MOTION by Councilman Schne�der to adopt Resolution No. 114-1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RESOLUTION N0. 115-1979 RELATING TO SAFEGUARDING OSI'S COPYRIGHTS (LOGIS) Mr. Brunsell, City Clerk, stat�d, under the programs themselves, the Ctty doesn't have access to them and this is princ�pally to what the resolution refers Mr Brunsell stated there are some data elements in the manuals, but they don't have the actual program. He stated the City does give reports to other cities, but th�s isn't something that has the OSI label on them. Mr. Herrick, City Attorney, stated he would be uncomfortable if the City is taking upon themselves that any �nformation it is given does not get into a third party's hands. ' ' , � � �'r REGULAR MEETING OF OC70BER 1, 1979 PAGE 6 Mr. Brur�sell stated the City Attorney hasn't had the opportunity to review th�s information and it could be tabled to the next meetin9. He explained, however, that Mr. Willard, Executive Director of LOGIS, is handling the details in the dealings with OSI and is recommendin9 this to the City. Mr. Herrick questioned if Mr. Willard was comfortable w�th this resolution. Mr. Brunsell answered in the affirmative and stated he himself had ra�sed a few questions with Mr. Willard, but they didn't understand why the City had any concern since Fridley was the only City that d�d raise some questions. Mr. Herrick, City Attorney, felt the language isn't that binding. As he pointed out, it is probably a violation of the law if the City doesn't release all material they have to the public. He stated one of the sections seems to state that the City is not to copy their material unless it has their copyright on it. He felt, basically, they were trying to safeguard mater�al from falling into the hands of unauthorized people. Mr Herrick stated he wouldn't ob�ect to signing the resolution as he felt satisfied the City wouldn't 9et into a problem of l�ability. Mr. Brunsell, City Clerk, pointed out the City has very little information that could be cons�dered copyrighted information, with the exception of the listing of data elements and other similar informatton contained in the users' manual. MOTION by Councilman Schneider to adopt Resolut�on No. 115-1979. Seconded by Counr�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESDLUTION NO T FOR 1 MOTION by Councilman Barnette to adopt Resolution No. 116-1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENTS - CITY EMPLOYEES: MOTION by Councilman Schneider to concur with the City Manager's appointments as follow: NAME POSITI�N SALARY EFFEGTIVE OATE REPLAGES Tim Turnbull 9210 Highway 10 Anoka, MN 55303 Neighborhood Ser- $13,500 vices Coordinator per Police Dept. Year October 1> New Pos�tion 1979 Wendy D. Jarvi Office $712/M0. September 17, Temporarily Re- 6160 Benjamin St. N.E. Assistant 1979 places Technician Fridley, MN 55432 Police Dept. Position (Lori Anderson) The motion was seconded by Councilwoman Moses Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. RESIGNATION (HUMAN RESOURCES COMMISSION): MOTION by Counctlwoman Moses to accept the resignation of Mary Mart�n from the Human Resources Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS• MOTION by Councilwoman Moses to authorize payment of Claims No. 264F22 through 270938. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REG�LAR �EET]NG OF OCTOBER 1, 1979 ESTIMATES: PA�E 7 h1�JTI0N by Councilman Schneider to approve the estimates asfollows: Comstock & Davis, Inc. 1446 County Road J Minneapolis, MN 55433 For serv�ces rendered - inspection and staking for construction of sanitary sewer, storm sewer and water in Block 9, Great Northern Industrial Center - throu9h 9/8/79 ISLAND OF PEACE PROJECT City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 For water and sewer service Northwestern �ell 200 S. 5th Street Mpls., MN Telephone Co. For telephone serv�ce Northern States Power Co. P.O. Box 9477 P�pl s. , MN 55484 For electric service Barzen of Minneapolis, Inc P.O. Box 1123 Mpls., MN 55440 For weed killer PJorthrup King Co. 1500 Jackson St. N.E. Mpls., MN For grass seed $ 20.57 24.06 23.55 13.00 147.00 $228.18 $ 3,684.12 The Motion was seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. ADJOURNMENT MOTION 6y Councilman Barnette to ad,7ourn the meeting. Secqnded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and the Regular Meeting of the Fridley City Council of October1, 1979 ad,7ourned at 8:45 p.m. Respectfully subm�tted, ,y � ���/^//�'j,�_',y' . l�iiil"�- l/'N"y'iv'�/ 1' � Carole Haddad Secy. to the City Council Approved 10/22/79 ���,�.�� ' �-� William J. Nee Mayor � 1 '