Loading...
11/17/1980 - 00013387I,� _ � � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 17, 1980 The Regular Meettng of the Fridley City Council was called to order at 7:35 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor PJee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Mayor Nee, Councilman F�tzpatrick, Councilwoman P9oses, Councilman Schneider and Councilman Barnette None Mayor Nee welcomed the Fridley Girl Scouts who were present in the audience to observe the Council meettng. APPROVAL OF MINUTES: PUBLIC HEARING MEETING, NOVEMBER 10, 1980 MDTION by Councilwoman Moses to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ADOPTION OF AGENDA Councilman Schneider requested the following items be added to the agenda• Discussion of the Day Care License Application by Roger 3 Betty Papke, and Cons7deration of Mid-Block Street Light Standard - E. Danube Road. MOTIOfV by Councilman Barnette to adopt the agenda with the auove addit�ons. Seconded by Councilwoman Moses Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. OPEN FORUN, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: u 2�i'/ V #8D-09, PETITION VD APdD 2-1/2 STREET. HYDE PARK MOTIOfJ by Councilman Fitzpatrick to waive the reading and approve the ordm ance upon first reading. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously FIRST READING OF AN ORDINANCE ON VACATION REQUEST, SAV #80-10, TO VACATE ONE FOOT OF A 12 FOOT DRAINAGE AND UTILITY EASEMENT, 7105 ASHTON AVENUE, RICHAR� WALTZ MOTI0�4 by Councilman Fitzpatrick to waive the reading and approve the ordinance upon fi rst readtng. Seconded by Councilwoman Ploses. Upon a voice vote, all votin9 aye, Mayor PJee declared the motion carried unantmously. MOTION by Counc�lman Schneider to waive the reading and approve the ordinance upon fi rst reading. Seconded by Counc�lman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. r 1 1 v� J L REGULAR MEETIfdG OF fdOVEMBER 17, 198D FIRST REN�ING MINNEAPOLIS WATER WORKS: PAGE 2 12, PETITION MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. fdG OF AN ORDIPJANCE ON 1/ACATE ' RLINGTON MDTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses. Upon a votce vote, all voting aye, Mayor Nee declared the motton carried unanimously CONSI�ERATION OF FINAL PLAT. PS Mr. Herr�ck, Ctty Attorney, stated he has met with several representatives of the various railroads and had a lengthy discussion, and requested this item be tabled until the first ineeting in December. P1r. Herrick stated he felt they may have reached a solution, but the company may want some assurances from the City, if the park fee is paid, there wouldn't be another assessment at the time the property is developed. He stated other matters were discussed that seemed reasonable, however, the representatives wanted an opportunity to go back and talk to their clients. MOTION by Councilwoman Moses to table this item to the first meeting in December. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, h1ayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF OCTOBER 29, 1980: CONSIDERATIDN OF REQUEST FOR SPECIAL USE PERMIT, SP �80-11, TO ALLOW OUT-PATIENT COUNSELING CLINIC WITH SMALL ADJACENT PARKING LOT, 7599 UfJIVERSITY AVENUE. DR. JAMES H. GIL6ERTSON: Mr. Flora, Public Works D�rector, stated this request for a special use permit is made 6y Dr. Gilbertson to use the property at 7599 University Avenue as a psychiatric clim c for out-patient counseling. He explained this would be a use allowed in an R-1 zone, with a special use permit, and the Planning Commission has recommended approval of the request. Mr. Flora stated Dr. G�lbertson is a ltcensed psychologist, a resident of Fridley, and his business would be on a low profile. He stated Dr. Gilbertson plans no changes in the structure and there would be no traffic congestion in the area from this business. Mr. Flora further explained staff would be working wtth Dr. Gilbertson on screen�ng and parking, and a small sign probably would be put up on University and Osborne to �dentify the business. Mr. Flora stated �r. Gilbertson has visited all the property owners, covered in the public hearing announcement, and explained his operation and has recetved no adverse comments. No persons in the audience spoke regarding Dr. G�16ertson's request for a special use permit. 1 ' i�)1% REGULAR MEETING OF NOVEMBER 17, 1980 PAGE 3 Mr. Qureshi, Ctty Manager, pointed out that cl�m cs are allowed in an R-1 zone, with a special use permit, but felt, if this was approved, there should be some specific restrictions imposed as he has seen where a stivation like thts could snowball, as in other communities, where you have many residences being converted to commerctal uses. Counctlman Barnette asked if he�had any partners in his clim c. Dr. Gilbertson stated he had no partners, but may incorporate for tax purposes. � Councilman Barnette asked Dr. Gilbertson if he had any o6�ection if it was stated this clinic would be solely operated by him. Dr. Gilbertson stated, as he told the Planning Commission, he would abide by any conditions. He pointed out there would be no structural changes to the dwelling and has talked with the staff regarding six parking spaces, which Mr. Boardman felt was adequate. He felt he could abide by stipulations to operate in a low profile manner. Mayor Nee asked tf anyone would 6e l�ving �n the dwelling. Dr. Gil6ertson stated he is only in the office about 20 hours per week, and depending on the need for some kind of security, he thought perhaps a student could live in the basement, but hasn't act�vley contemplated anyone living there. Mr. Quresh� asked what provisions were being made to screen the property on the South side. Dr. Gilbertson stated there is shrubbery and a fence on the South side of the property, however, he planned to replace the existing fence . Mr. Quresh� felt, if the Council w�shed to approve this request, the spec�al use permtt should be allowed for a two year period and for a specific purpose Further, there should be s�x off-street parking spaces provided, with screening, and there should be no on-street parkirug_�nd the City would post "No Parking Signs" �f there was a problem that warranted it. � MOTION by Councilwoman Moses to grant spec�al use permit, SP ,�80-11, with the following stipulations: (1) That thts structure be restr�cted for use as an out-patient psychiatric counseling cltnic, (2) That no changes be made to the existing structure; (3) That the applicant work with the Planning Department on the landscaptng and fencing of the parktng lot; (4) That s�x off-street parking stalls be provided, wtth no on-street parking, and (5) That thts special use perm�t is granted for a two year period and is to be re-evaluated at the end of that time. Seconded by Cuuncilman Barnette. 'Jp�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to receive the minutes of the Planning Commission Meeting of October 29, 1980. Seconded by Councilman Schneider. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF 1981 HOLIDAY AND CITY COUNCIL MEETING SCHEDULES. Councilman [�chneider asked why the Council was not meeting on November 2 and why they are meeting on �ecember 21. Mr. Quresht, City Manager, pointed out there are five Mondays in Novem6er and since Novem6er 2 is close to election, a meeting wouldn't be scheduled for that date. He stated, as far as December 21 is concerned, this could be changed if the Council d�d not wish to meet on this date. MOTION by Councilman Schneider to adopt the Council meeting schedule, with ' the amendment to delete the Council meeting on December 21, 1981. Seconded by Councilman Barnette. Upon a voice vote, all vottng aye, Mayor Nee _ declared the motion carried unanimously. " i �,'� \ REGULAR MEETING DF NOVEMQER 17, 19E0 PAGE 4 MOTION by Counc�lman Schnetder to adopt the Holiday Schedule as submitted with opt�onal holidays as proposed. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to delete the December, 1980 Conference Meetin�. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrned unam mously. OF CONTINUING THE PROPERTY AND CASUALTY INSURANCE Mr. Inman explained the City, when they bid their property and casualty insurance tn 1979, had an option to renew the contract for a one, two, or three year period. He explained the Ctty has received a quote from Transcontinental Brokers for coverage for 1981 which is $7,936 less than the exact same coverage in 1980. He stated his recommendatton would be to continue the City's 1981 insurance with Transcontinental Brokers as the cost is lower and there �s an advantage of stay�ng with the same 6roker to el�minate problems of overlaping claims. Also, staying with one agent eliminates the administrattve cost of familiar�zing a new agent with the City's internal �nsurance policies and practices. Mr. Qureshi, City Manager, felt because there was a decrease in the cost, �t was prudent for the City to exercise their option, as noted in the bid, to conttnue the property and casualty insurance program for 19�1 w�th Transcontinental 6rokers Mr. Richard Aune, of the Rice Creek Agency, stated, if the City were to continue the bid, next year he wouldn't be allowed to bid as Home Insurance takes the position that once they have an agent writing with them they w�ll no longer bid with any other agent. hle felt what the City would be do�ng �n the future is elininat�ng all compe�it�on. Mayor fdee stated it seems to him if they didn't exercise their option, they would be penalizing Transcontinental Brokers for initiating a savings of over $7,000. Counctlwoman Moses felt the Council was here to represent the Community and should get the best services for the least amount of money. Mr. Aune stated he �s looktng at the future and the City will not have any competitive bids and won't know if they are getting a good price. Mr. Qureshi pointed out not many companies are writing insurance for municipal- ities so there are other programs and options cities are looking into for coverage. Mr. Herrick, City Attorney, stated he would have a quest�on if Home Insurance �s the only company that �s going to 6id in the future. He explained if two or more agents approach Home for the rtght to bid and the same quote is given to all agents, the Council would have the same situation, as �n the past, where two or m�re a�e�ts both b�d th� same company and the same figure. He stated the Council Ts not choos�ng insurance c�mpanies and price, 6ut choosing agents. He felt, in this case, all the Council could do is check out the agencies and their record to determine where they think they would get the best service. Mr. Qureshi stated representatives from Transcontinental Brokers and Rice Creek Agency were both to be present at this meeting, however, the representattve from Transcontinental Brokers was delayed getting here and thought perhaps th�s item should be tabled until later in the meeting. MOTIOfd by Councilwoman Moses to �able this item to later in the agenda. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. � ' 1 s���� REGULAR MEETING OF NOVEMBER 17, 1980 PAGE 5 RESaLUTION N0. 115-1980 CERTIFYING C�MPLETION OF AGREEMENT CONUITIDNS, VILLAGE GREEN PROJECT� �9r. Flora, Public Works Director, stated the City had an agreement with the Canad�an Financial Corporatior to construct V�llage Green and rn giving them a special use permit for that construct�on, sttpulations were that Sections A« B of the agreement wouid be accomplished. Mr. Flora stated that Mr. R�chard Kahn of the Canadian Financial Corporation � requtres a statement of completion from the C�ty so he can close out the pro,7ect with the Plinnesota Housing Finance Agency. h1r. Flora stated staff has fourd a few defic�encies, but these cannot be corrected �an}tl next spr�ng and felt, if necessary, the $15,000 bond would cover the items that needed to be corrected. He felt the areas that should be looked at are the landscaping and a review of the drainage pond weir to insure that �t wiil work correctly �vlr. Flora stated there is also a problem in the parking area in front of the htgh-rise whtch has small dips in the asphalt where there was standing wacer He staced an overlay has been placed in those areas, however, he is not sure the problem has been completely corrected. h1r. Ward, representing Canadian Financial Corporation, stated the greatest problem was va�th the we�r and they are not really sure until spring �f the remedtes made will work. Mr. Flora stated staff is working closely w�th Mr. Ward on the drainage for the pond. Ne explained there has to be some work done to establ�sh a small ditch or drain line on the East slope of the pond. Mr. Qureshi stated tt should be written out exactly what �s expected and felt there was no question on the birdbathing and landscaping, however, the ponding � area should be graded to basically slope to the East property line and a ditch created and if there are any water spots, atldit�onal black dii°t and material be obtained to level them for a good growth next spring, and, further, steps taken so the wier will be funct�oning properly. h10TI0N by Councilwoman Moses to adopt Resolutton No. 119-1980, sub,7ect to an agreement on the st�pulations, as prepared by the adrm m stration, outli m nq the items to be corrected. Seconded by Counc�lman Fitzpatrick Upon a voice vote, all voting aye, P+layor Nee declared the motion carried unam mously. MDTION by Councilman Fitzpatrick to adopt Resolution fJo. 120-1980 Seconded by Counc�lwomar� Moses. Upon a voice vote, all voting aye, P�ayor PJee declared the moiion car•ried unanimously. THE SPLITTING OF SPECI AUDI70R'S 5Uf3DIVISION MOTION by Councilman Fitzpatrick to adopt Resolution No. 121-1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION N0. 122-1980 ORDERING PRELIMINARY PLAfJS, SPECIFICATIOP;S APJ� ESTIMATES QF THE C(lSTS THEREOF: ST�Rh1 SEWER AN� �R4INAGE PR�JEGT �132. MOTION by Counc�lman Schne�der to adopt Resolution No. 122-19ED Seconded by Counctlman Barnette. Upon avo�ce vote, all voting aye, Mayor Nee declared the motion carried unam mously. �� �oz REGULAR MEETING OF NOVEMBER 17, 19E0 PAGE 6 -1930 RECEIVING THE PRELIPIINARY REPORT AND CALLIfdG FOR A MOTION by Councilman Schneider to adopt Resolution Plo. 123-1950. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carried unan�mously. DISCUSSION OF TfiE DAY CARE LICEPdSE APPLICATION BY ROGER AN� BETTE PAPKE: � Mayor fJee stated last week a recommendation was received from the Fire Inspect�on Department to deny the variance requested by Roger and Bette Papke. f�1r. Papke explained they have deadbolt locks on two doors in �he�r home ahd when they appl7ed for the day care license, the Fire Department recommended th�s be altered so �t would not require a key to open the doors. Ne stated he felt this wasn't relevant to their operation of the day care center. P1r. Papke explained the deadbolt is, essent�ally, not used c�urtng the day, but for security at night. He stated, normally, dur�ng the day there are parents coming and go�ng and the door isn't locked at all. Mr. Papke felt, in the report from the Fire Inspection Department, the�r operat�on was not identtfi ed as a small private home operation as opposed to a large day care center. Ms. Terry Nagle, representing Anoka County, stated she works with the County on the licensing of day care centers and that Mrs. Papke's operation ts not a uay care center, but a day care ho�re for five children or less. She stated the�r rules or regulations would prov�de a different requ�rement, depending on the number of children. She explained �f there are 10 or less children, the operat�on �s classif�ed as a day care home, and not a day care center, which must meet other codes with�n the community. She stated thetr lTCense standard tloes not address the ltfe safety code being enforced in Fridley. t1s. Nagle stated, by law, the�r agency must not�fy the City v�hen it is their � �ntent to license She expla�ned they are, to some extent, in conflict with the City requirements as P4rs. Papke needs their license recommendation and w�shes to comply, but by the�r standards is not required to have another type of lock. Councilman Schneider questioned Ms. Nagle if she was saying the Department of Public Welfare does not, by reference, require any of the life safety cotle regulations to be met. Ms. fJagle stated not at this point. Mr. Herrick, City Attorney, stated if there is a questton as to whether the fire safety code appltes, perhaps this matter should be referred to him for a response, however, �f the question is should the Council wa2ve a rule that does apply, th�s would be a consideration by the Council. Counc�iman Schneider felt the question is if the provision of the life safety code appl�es in this particular situation. Mr. Herr�ck stated he was not prepared to answer until he has all the facts. Mr. Herrick stated this rnatter was referred to him in an oral fashion where he was asked whether the City could waive a requirement and he stated he didn't think the City should waive the requirement, but the question as to whether the spec�fic rule applies in this situation was not addressed. P40TION by Counc7lman Schneider to request the City Attorney to review the ' requirements for licensing of a day care home w�th respect to the Department of Publ�c Welfare's ru]es and the Fire Safety Code. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor fJee declared �he motion carr7ed unanimously.