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10/27/1980 - 00013393� � NOTE ( OuC of order in th�s book). �,'; R� THE MINUTES OF THE REGULAR MEETING DF THE FRI�LEY CITY COUNCIL OF OCTOBER 27, 1980 The Regular Meeting of the Fridley City Council was called to order at 7:34 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 MEMBERS ABSENT APPROVAL OF MINUTES Councilman Fitzpatrick, Counctlwoman Moses, Mayor Nee, Councilman Schneider and Councilman Barnette None REGULAR MEETING, OCTOBER 6, 1980: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Counc�lwoman Moses Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. ADOPTION OF AGENDA Councilman Schneider requested the following item 6e added to the agenda' "Receiv�ng Communication from Roger and Bette Papke, RE. Variance to the Life Safety Code for Operation of a Day Care Center " MOTION BY Councilwoman P1oses to adopt the agenda with the above addition. Seconded by Counctlman Scnneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. OPEN FORUM, VISITORS� Mr. Ed Wilmes extended h�s thanks to Mayor Nee for the kind remarks and comments made about him and the Islands of Peace in recent l�terature that was distributed in Fridley He further thanked Mayor Nee for his recognition of Representative Simoneau and other volunteers and businesses who are too numerous to mention. He stated because of all these people, the Islands of Peace �s successful Mr. Wilmes stated profess�onal people have been out to the Islands of Peace and spent days and weeks preparing suggest�ons tn regard to the grasses and plantings and preparing a map showtng details on what should be planted. He siated there was a biologist from the Department of Interior who made a study regard�ng the fish�ng potential, which ts l�mited, and every effort should be made to encourage fishing on only a small part of the recreat�onal area and confined to a designated area Ne stated �nput was also received from persons in soil conservation with the Department of Agriculture. He felt if the City didn't recog m ze th�s help and input from these professionals, they would be wrong. He didn't feel the City Manager or Parks and Recreation Director could spend 20 minutes touring the Islands of Peace and make their decision on what or what shouldn't be planted, and what trees should rema�n and what ones should be removed. Mr. Wtlmes stated they have a problem regardtng the wood on Chase's Island which should be inoved to the reception center and hoped the City would give them assistance in moving this wood. He further noted the Council discussed the � possibil�ty of some ass�stance with the burglar and fire alarm system and hoped something develops soon in this area. AiLEY VACATIONS - OAK GR01fE ADDITION AND MOORE LAKE PARK 2ND ADDITION. Mr. Dave Fuerstenberg, 1601 - 66%z Avenue, appeared before the Council regarding vacation requests for the vacation of the alley easement �n Oak Grove Addition and Moore Lake Park 2nd Addition. He stated it was h�s Understanding, from information he received from the Planntng Commission and staff, this item ��ould be 6efore the Council this evenrng. � ii � � -v��� REGULAR MEETING OF OCTOBER 27, ]980 PAGE 2 Mr. Flora, Public Works D�rector, stated the Council took action at the October 20 meeting to set the public hear�ng on these alley vacat�ons for November 10, 1980. Councilman Schneider staied he has talked to Mr. Fuersienberg regarding this matter and he wished to begin construction and questioned if this would be a problem. He pointed out there is 100% petit�on for the vacation and the Planning Commission did recommend approval. Counciiman Schneider• asked how ciose Mr. Fuerstenberg would 6e from the lot line, w7th the vacation and Mr Fuerstenberg indicated he would be about 13 feet. Mr Qureshi, City Manager, asked Mr. Fuerstenberg if all the alley easement came from his property. He stated six feet is from his property and six feet obtained by a quit clain deed. Councilman Schneider asked if a building permit could be issued so Mr. Fuerstenberg could put in the footings. Mr. Herrick, City Attorney, asked if Mr. Fuerstenberg obtains the entire width of the alley by vacation or qu�t cla�m deed, if that was sufficient to meet the setback requ�rements of the code. Mr. Fuerstenberg indicated he had a draw�ng of his pl�ns wh�ch he could present to the Council. Mayor Nee stated, since this wasn't a regular a9enda item, the Counc�l would hear discussion later in the meeting, wh�ch was acceptable with Mr. Fuerstenberg. OLD BUSINESS: RESOLUTION N0. 110-1980 TO A�OPT THE MISSISSIPPI RI Mr Flora, Public Works Director, stated, as d�scussed at the preceding meeting, there were two issues before the Council, one was the adoption of the Critical Area Plan and the other was the adopt7on of the Zoning Code which implemented the Critical Area Plan Mr. Flora stated, in talk�ng to the Metropol�tan Counc�l, it is necessary to adopt the Critical Area Plan, however, the City can delay the zoning requirement which implements this pian to a iater date when the entire zoning code is reviewed. Councilman Fitzpatrick asked about the extent of the area involved and �f that would be adopted now, with the plan, or considered with the zon7ng. Mr. Flora stated the Critical Area Plan was adopted by state statute and all the City is doing is implementing th�s �nto the City's plan. He explained the ciritcal areas have already been established as th�s plan perta�ns to Fridley. He stated one of the concerns 6rought up at the last Counc�l meeting was the effect on exiting propert�es in the crttical area. Councilwoman h�oses asked if homes in the critical area were totally damaged, �f they could be rebuilt, f4r. Flora stated they could not without complying with the zoning code or applying for a variance or special use permit. MOTION by Councilman F�tzpatr�ck to adopt Resolutton No 110-1980. Seconded by Councilman Barnette. Mayor Nee felt, in the third paragraph of the resolution, it seems to �mply the City is adopting the zoning concurrent with the Critical Areas Regulations Mr. Flora stated what is inteded in this paragraph is to say the C�ty is revising the zoning code and when this is done, the critical areas zontng will be rev�ewed. Mr. Herr�ck, City Attorney, felt the resolution would stnad, without including this paragraph MOTION by Councilwoman Moses to amend the Resolut�on 6y deleting the third para- graph. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. ION NO lli-19S0 REOUESTING A FURTHER E1(TENSION OF THE DUE DATE OF FRIDLEY'S Mr Flora, Publ�c Works D�rector, stated when the Comprehensive Plan was discussed at the last meeting, it was brought to the Council's attent�on that there was an amendment procedure being considered by the P4etropo7itan Council. He stated the Metropol�tan Council w�ll not reach a deciston regarding this amendment procedure until January, 1981. Mr. Flora stated this resolution requests a delay for final , , :__J I I � � REGULAR MEETING OF QCTQBER 27, 148Q n{, r'a Jc) PAGE 3 submission of the City's Comprehensive Pl�n to the Metropolitan Council, in order to allow sufficient time for processing oi i.,ie amendment procedures. Councilman Barnette asked if other cities were making similar requests. Mr. Flora stated it seems they are trying to delay submission of their Comprehensive Plans, until a decision is made by the Metropolitan Council on amendment procedures. Councilman Schneider noted the Metropol�tan Council's staff is now considering three different alternatives for amendments and seems the request would be proper at this time MOTION F,i� Counctlman Schneider to adopt Resolution No. 111-1980. Seconded by Councilin«n Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously NEW BUSINESS: FIRST REA�ING OF AN ORDINANCE TO VACATE STREETS AND ALLEYS, SAV �r80-04, PETITION N0. 5-1980, 6500-6600 BLOCK BETWEEN EAST RIVER ROAD AND HICKORY DRIVE MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FIRST READIPlG OF AN ORDINANCE TO VACATE STREETS AND ALLEYS, SAV #80-05, PETITION N0. 4-1980, 5200 BLOCK BETWEEN LINCOLN AND BUCHANAN STREETS MOTION by Councilman Schneider to waive the read�ng and approve the ord�nance upon first read�ng. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee dec1ared the motion carried unanimously FIRST READING OF AN ORDINANCE TO VACATE STREETS AND ALLEYS, SAV #SO-06, PETITIDN N0. 6-1980, 55�0 BLOCK 6ETWEEN 6TH AND 7TH STREETS MOTION by Councilwoman Moses to waive the read�ng and approve the ord�nance upon first reading. Seconded by Councilman Schneider Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimotasly. FIRST READING OF AN ORDINANCE TO VACATE STREETS AND ALLEYS, SAV #80-07. PETITION 7-1980, 4800 B MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon ftrst reading. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. IRST READIfJG DF AN ORDINANCE TO V r STREETS ANCJ ALLEYS, SAV #80-08, IN UACATED MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses. Mr. Flora, Public Works Director, stated the City is corrmunicating with the owner reyardina some assessment costs and will have a reply before the second reading of the ordinance. Mr. Jonak questioned the costs and Mr Flora stated �t would be about �20 a foot and wanted to make sure when he se11s the property that the buyer is aware of the water and sewer assessment Mr. Flora stated there is also a park fee and it would 6e appropriate for the Council to receive this fee when the lot split is approved, or delay collection of the fee until such time as the property is being developed and a building permit issued. Mr. Jonak asked tf the park fee was collected when the lot was platted Mr. Qureshi, C�ty Manager, explained this plat never paid any park fee because the ordinance wasn't in effect at that t�me. He stated the lot spl�t will create a buildable parcel and a park fee �s requ�red. UPON A VOICE VOTE ON THE ABOVE MOTION, all voted aye, Mayor Nee declared the motion carried unanimously. ��'1�r REGULAR MEETING OF OCTOBER 27, 198D RECEIVING THE PLANNING COMMISSION P+IINUTES OF OCTOBER 8, 198D: RECEIVE METRONIC ENVIRONMENTAL ASSESSMENT WORKSHEET Mayor Nee noted the Council had previously taken action on this Environmental Assessment Worksheet, PAGE 4 MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of October 8, 1980. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed una m mously RECEIVING THE CHARTER COMMISSION MINUTES OF MAY 6, 1980: MOTION by Councilwoman Moses to receive the Charter Commission minutes of May 6, 1980. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor tJee declared the motion carried unanimously. RECEI�ING THE CATV COMMISSION MINUTES OF OCTOBER 9, 1980• MOTION by Councilwoman Moses to receive the minutes of the Cable Television Commission Meeting of Octo6er 9, 1980. Seconded by Counc�lman Barnette Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unan�mously. CONSIDERATION OF EXTENSION OF LEASE FOR SORT RECYCLING CENTER TO NOVEMBER 6, 1981: Mr. Qureshi, City Manager, stated the recycling center was providing a valuable service to the communtty and felt the operation has improved stnce it began MOTIDN by Councilman Schneider to enter into the lease for another one year period. Seconded by Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 112-1980 AUTHORIZING TRAPJSFERS FROM THE PUBLIC UTILITY FUND AN� THE REVOLVING FUND TO W-75 WATER WORKS IMPROUEMENT BOND FUND, WATER REFUNDIfdG EONDS OF 1975 FUND, AND SPECIAL ASSESSMENTS REFUNDING BONDS OF 1964: Mr Quresh�, City Manager, explained this resolut�on authorizes the required transfers from the Public Utility Fund and Special Rssessment Fund to three bond funds for purposes of ineeting debt service requirements for 1981. He pointed out two of these bond funds have tax levies on file at the County which will be cancelled MOTION by Councilman Schneider to adopt Resolution No. 112-1980 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF DLEY AN� WIN STEPHENS Mr Qureshi, C�ty Manager, stated Wtn Stephens Datsun North, Inc. feels they are not going to be able to complete the�r pro,7eci within the ori9inal time frame and are, therefore, requesting an extension of the time period. Mr. Richard Garry, representing Win Stephens Datsun North, Inc., explained the ava�labil�ty of funds wasn't as big a problem as the high interest rates and stated they had to change their plans, but, hopefully, are now ready to proceed in the next few days. MOTION 6y Councilwoman Moses to adopt Resolution No. 113-1980. Seconded by Councilman Fitzpatr�ck Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. DAVE FUERSTENBERG - RE. ALLEY VACATIONS: Mr Herrick, C�ty Attorney, stated he would suggest Council not authorize the admin�strat�on to issue the building permit, unless �t seems virtually certain the vacations wtll be approved. He felt, if the 6uilding perm�t were issued, � , REGULAR MEETING OF OCTOBER 27, 198D PAGE 5 The City is then telling Mr. Fuerstenberg to go ahead with the construction and this is contrary to the code and requ�res a variance and notificat�on of ad�acent property owners. He stated, although there is no formal procedure for allowtng Mr. Fuersten6erg to proceed, he didn't have a problem with an informal agreement that he may proceed with construction in order to beat the cold weather. He felt if the Council was going to proceed with the vacation, and noted there was a 100% petition in favor, he couldn't see a real problem, barring any unforeseen conditions. P9r. Herrick asked P1r. Fuerstenberg if he inteded to build anything, other than putting in the footings, before November 10, 1980. Mr. Fuerstenberg stated he � hoped to begin construction on the addition before th�s date and presented his plans to the Council. Mr. Fuerstenberg stated he would agree to the easements requested _ by the City. � , Mr. Quresh�, City Manager, felt Mr. Fuerstenberg could proceed with construction at his own risk, however, the permit would not be issued until the vacation �s approved. He explained it is for Mr Fuerstenberg's benefit to go through the legal process for vacation of the right-of-way to make sure it �s done properly. Mr. Qureshi stated at the meeting next Monday he wants to give the Council a full picture of the property and, hopefully, when the hearing is held on November lU, 1980, they can also have a first reading of the ordinance. Mr. Fuerstenberg stated he didn't foresee any problems and Mayor Nee questioned if any of the Council Members had any problems with this item, to which there was no negative response CLAIMS. MOTION by Councilman Schneider to author�ze payment of Claims No. 297405 through 30D601. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. LICENSES: MOTION by Counctlwoman Moses to approve the licenses as submitted and as on file in the L�cense Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as subm�tted and as follow• Pavemasters, Incorporated 1420 Sunfish Boulevard Anoka, MN 55303 FINAL Est. #2 - Lock Park Bikeway/Walkway Pro,7ect Smith, �uster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Bldg. M�nneapolis, MN 55402 For legal services rendered as Prosecutor for the month of September, 1980 Talle, Herrick, Munns & Goodrich 6279 University Avenue N.E Fridley, MN 55432 $ 793.00 $ 2,670.00 Services rendered for the month of Sept. $2,219.65 Including GTA & Win Stephens �2,250.00 $ 4,469.65 The motion was seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniomously. ICATION FROM ROGER AND BETTE PAPKE RE: VARIANCE TO THE LI MOTION by Councilman Schneider to receive the communication and direct the admini- stration to investigate for a response within two weeks Seconded by Councilman � ,, „ REGULAR MEETING OF OCTOBER 27, 1980 PAGE 6 I3arnette. Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unantmously A�JOURNMENT. MOTION by Councilman Schnetder to ad�ourn the meetinq. Seconded by Councilwoman Moses Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 27, 198D, ad�ourned at 8:38 P.M. Respectfully submitted, t � � ' C�1��. � �_ �%��.� ����_�_ . Carole Haddad Willia 'J Nee Secretary to the City Council Mayor Approved: December l. 1980 ' �