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10/05/1981 - 00013103� � L_J THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 5, 1981 The Regular Meeting of the Fridley City Council was called to order at 7:35 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 ABSEUT: APPROVAL OF MINUTES: Councilman Fitzpatrick, Councilwoman Moses-Martin, Mayor Nee, Councilman Schneider, and Councilman Barnette None REGULAR MEETING, SEPTEMBER 28, 1981: MOTION by Councilwoman Moses-Martin 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: Mayor Nee requested the foilow�ng items be added to the agenda: (1) Request for a Temporary On-Sale Beer License, Bob's Produce Ranch; and (2) Discussion Re: Liquor vs. Food Sales Ratio for Two Establishments in Fridley MOTION by Councilwoman Moses-Martin to approve the agenda with the a6ove two additions. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. OPEfJ FORUM, VISITORS: There was no response from the audience under this item of business. DL� BUSINESS. `� CONSIDERATION OF LOT SPLIT REQUEST, LS #81-06 ?0 SPLIT OFF NORTHERLY - 208 FEET OF PART OF LOT 1, AUDITOR'S SUBDIVISION �'�r10 REVISED, 1360 - 69TH AVENUE, ROBERT AN� BAR6�4RA AN�ERSON TABLED 9/28/f31 : Mayor Nee stated this request for a lot split was tabled at the last meeting tn order to gtve the Council an opportunity to discuss this item with residents in the area. Mayor Nee stated this is not a formal hearing, 6ut an informal meeting to hear from neighboring property owners concerm ng the affect of this lot split. Mr. Flora, Public Works Director, stated the property in questton is one lot �ust east of Siverts Lane, and the owner �s requesting to split off the bottom 100 feet of the parcel to make another 100 x 97 foot lot. Mr Flora stated, if the lot split is granted, and the other property owners to the east wished to split thier lots, there may be a problem in the future in provtding access and util�ties to service these parcels. Mr. Flora stated constderation was given to placing a str2et midway between the lot splits, tying into Siverts Lane and the access road to the future County park. . I_ REGULAR MEETING OF OCTOBER 5, 1981 PAGE 2 He stated, however, the County indicated this could not be done since the property was obtained strictly for County park purposes with Metro funds and tt would also seriously effect the development and security for the park complex. Mr. Flora stated another consideration was to provide a road between the property being split which would requtre a cul-de-sac at the end, if a City street were to be constructed. Ne stated the cost of thts plan would be considerable 6ecause the front properties already have a street and sewer and water, therefore, any properties being split would have to bear the full burden of the cost of the street and utilities. h1r�, Flora stated another possibility is to require an easement, for a possible future street and utilities, in the event the property owners to the east, as well as to the west of Siverts Lane, wish to split their lots. Mayor Nee stated the question the Council wishes to explore �s if the property owners want provision made for access to the back of their lots, or if it isn't the tention of the owners to split off the back of their lots. Mr. Ron Germundson, 1390 69th Avenue, asked if there would have to be a road between the houses or on the south end, Mr. Qureshi, City Manager, stated access would have to be prov�ded, �f they wished to develop their property any more than it is now. Mr. Germundson stated he didn't want anything to do with it and to leave it as it is now. Councilinan Schneider clarified, for the record, it was Mr. Germundson's position that he didn't intend to split his lot and wouldn't have any problem �f access, in the future, wouldn't be available. Mr. Harry Nelson, 1370 69th Avenue, indicated he vaas against putting tn a road and against the lot split. Councilman Schneider stated they are not talking about putting in a road, the question right now, assuming this lot split is approved, is should an�'easement be provided for the eventual future access to the rear portion of the four reina�ning lots in case the owners would want to split their propert�es at some future date. Councilwoman Moses-Mart�n stated when ilr. Anderson splits his property, and depending on where a person builds who purchases this lot, it may prohibit obtaining access to these other properties. f1r. Erickson, 1380 69th Avenue, stated he was not in favor of a road, Mr. Germundson stated, in liste m ng to further discuss�on, he believes property is getting scarce, and if he is requested to make a statement, he would like to see an easement provided on the south for a possible future roadway. A realtor, representing Mr. Anderson, stated he is sure thc tak�ng of property for an easement would affect the sale price of the house. He also pointed out they have a proposed buyer for the lot wh�ch is to be split. P4r. Tikkanen, 1400 69th Avenue, stated the easement didn't make any difference to him right now. ' , 1 REGULAR MEETI��G OF OCTOBER 5, 1981 PAGE 3 Counctlman Schneider potnted out if the easement isn't requtred at this time, he may not be able to split his property in the future, depending on where the house is built on the lot requested to be split. Mr. Ttkkanen stated on that bas�s, he would go along with r�quiring the easement. Counctlwoman Moses- Martin stated she realizes some of the property owners don't envision splitting their property while they are living there, 6ut if � they do decide to sell, she felt it would be economically feasible for them to spl�t off the rear portions of their lot. Councilman Barnette stated all the Council is asking right now is for an easement on Mr. Anderson's property in order to make a corridor in the event the other property owners want to split their properties at some future date. Mr. Nel�on, 1370 69th Avenue, and Mr. Erickson, 1380 69th Avenue, both indicated they would then be in favor of requir�ng the easement on D1r. Andersan's lot split. Councilman Barnette asked Mr. Anderson how he felt about giving the 40 feet easement on the back of the lot for potential future access. Mr. Anderson stated, when Siverts Lane went through, both he and the Bacon's were told one of the benefits was they would be able to split their lot and no one else would have this advantage. P1rs. Anderson stated they were told, by putt�ng in the sewer and water, the privilege they would get would be to spltt their lat She felt if the easement is required, it would affect the sale of the house and the proposed lot. Mr. Anderson stated when he ftled for the lot spl�t, he was told there wouldn't be any problems. He explained they have made committments and � mo m es have changed hands, as they bought a business tn Wisconsin, and was counting on the sale of the house and lot. He stated, if the lot split �sn't granted, it may affect the sale and they would be out the back door with nothing. Mr. Qureshi, City Manager, stated the City has a responsibility to all the property owners in the area. He felt Mr. Anderson has the privilcge of splitting his lot, but the City wants to make sure other property owners are given the same opportunity. T�ie realtor, representing the Anderson's, stated he came to the City Hall when he listed the property and asked about the lot split and was told there would be no problem. Mr. Quresht explained the only body that can authorize the lot split is the Council, and they may attach some conditions, if they so choose. Counc�lman Schneider stated the Planning Comm�ssion tn their recommendation for approval of the lot split asked the Counc�l to make a determination on the road access to service additional lots. N1ayor Nee asked if anyone was present who lived on the west side of Siverts Lane. � Mr. Ed Widzinski, 1320 69th Avenue, indicated he was opposed to the easement as he didn't want to split his lot. Mrs. Lois Aasland, 1330 69ch Avenue, stated there is no possible way of havin9 an easement for a road because of the location of the homes on the lots and the terrain, and indicated she was not in favor of it. � m) REGULAR MEETING OF OCTOBER 5, 1981 Mrs. Joy Lo9id, 1340 69th Avenue, stated she en�oys her is and felt �f she ever sold her property, the selling the size of the lot. PAGE 4 lot the way it factor would be Mr. �arrel Bacon, 1350 G9th Avenue, stated he dtdn't think he would sell his lot and liked it as it is now. The realtor, representing the Anderson's, stated by requtring the easement, it would take away from the value of the property and felt the other properties should have to pay for the amount the Anderson's lose. Mayor Nee stated by obtaining the lot split, it also increases the value of the land. He stated the Council has some responsibiltty to the other property owners and that is what they are trying to fulfill. Mr. Quresh�, C�ty Manager, stated he would suggest if the ma�ority of the property owners want an easement provided, that 40 feet be given to the south, with the understanding that these property owners to the east will pay the full cost of the roadway and sewer and water, if the ma�ority of the people want the improvements when the propert�es are spl�t. Mr. Quresh� stated, as far as the property owners on the west of Siverts Lane, all present have indicated they were not in favor of the easement. MOTION by Ceuncilman Schneider to concur with the recommendation of the Planning Commiss�on and grant Lot Split Request, LS �81-06, with the stipulatton that a 40 foot easement be given at the south side of the property, w�th the exact dimensions to be worked out between the petitioner and staff so�newhere between 93 or 100 feet. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 740 ADOPTING THE BUDGET FOR THE FISCAL YEAR 1982: Mr. �ureshi, City Manager, stated an ad�ustment has been made to increase the contr�butions to service organizations fran $5,000 to $10,000. MOTION 6y Councilwoman Moses-Martin to waive the second read�ng of Ordinance No. 740 and adopt it on the second readtng and order publtcation. Seconded by Councilman Scf�neider. Upon a voice vote, all voting aye, MayoriNee declared the motion carried unanimously. NEW BUSINESS. G CHAPTER 5 Mr. Qureshi, City Manager, pointed out on Page 3�, Section 506.12 that the way the ordinance is written �s to only prohibit truck tractors, semi-tra�lers, buses, mobile home and house trailers, or trucks having a licensed gross weight over 12,000 pounds, from parking on public streets in a residential district. Mr. Qureshi stated the ord�nance would not restrtct recreational vehicles. He stated there could be an �nterpretation that a bus couldn't be on the stree� and �f they want to make it more clear, an addition would have to 6e made that this doesn't apply to any licensed recreational vehicle. Mayor Nee stated he had a call from a school bus driver who takes the bus home at t�mes and parks it in the driveway. Mr. Qureshi stated the ordinance would allow for this, however, it couldn't be left on the street. � ' � � , F REGULAR MEETING OF OCTOBER 5, 1981 PAGE 5 Councilman Barnette stated he had several phone calls regarding this proposed ordinance and they all felt it was a good idea, as they always had trucks parked on their residential street. Councilinan Schneider stated the only feedback he had received was in favor of the ordinance. MOTION 6y Councilman Schneider to waive the firsi reading and approve the ordinance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. � CONSIDERATION OF NAMING AUDITOR FOR THE YEAR 1981 AND RECEIUING LETTER FR�M THF �F�R�F M HANCFN f�MP4NV• � �� MOTION by Ccunc�lman Schneider to authorize the entering into an agreement to retain the George M. Hansen Company for the 1981 audit. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. SETTING AN ELECTION FOR COUNCILMEMBER FOR WARD I M07ION by Councilman Schneider to adopt Resolution No. 112-1981. Seconded by Counctlman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. aES FOR THE N� 3, 1981 GEtiERAI INTI MOTION 6y Councilman Barnette to adopt Resolution No. 113-1981. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the n�otnon carried unam mously. �4 �`� RESOLUTION N0. 114-1981 CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIE� AGAINST CERTAIN PROPERTTES FOR COLLECTION WITH THE TAXES PAYABLE IN 1982 WEEDS : 1 �� C �� P�OTIGN by Councilman Fitzpatrick to adopt Resolution No. 114-1981. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, LIN WIT AND SEW AXES: MOTION by Counci1man Schneider to adopt Resolution No. 115-1981. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE50LUTION N0. 116-1981 AUTHORIZING AND �IRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 2, BLOCKI, PACO IN�USTRIAL PARK PLAT: MOTION by Councilwoman Moses-Martin to adopt Resolution No. 116-1981. Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � €� RESOL ncc�c 1 7- ly ZING AN� �IRECTING THE SPLITTING OF SPECI MOTION by Counci1woman Moses-Martin to adopt Resolution No. 117-1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, h�layor Nee declared the motion carrted unanimously. ^, n �� REGULAR MEETING OF OCTOBER 5, 1981 RESOLUTION N0. 118-19H1 CERTIFYI I PAGE 6 MOTION by Councilman Schneider to adopt Resolution No. 118-1981. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously. ���REQUEST FOR TEMPORARY ON-SALE BEER LICENSE - BOB'S PRODUCE RAPlCH: I Mr. Jim Hill, Public Safety Director, stated the Council has an application before them for a temporary on-sale beer license for Bob's Produce Ranch. y � � � _� i Mr. Hill stated �t is the recommendation of the Police �epartment that this temporary license be de m ed, as the establishment requesting the license is not elibible either under the State statu�es or the City Code. Mr. Hill explained the State statute requires temporary on-sale beer licenses he issued only to charitable or religious organizations that are non-prof�t �n nature, therefore, 6ob's Produce Ranch wouldn't be el�gible for the l�cense. MOTION by Counc�lwoman Moses-Martin to deny the request from Bob's Produce Ranch for a temporary on-sale beer license. Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimou�ly. ION RE. LIQUOR VS. FOOD SALE RATIO FOR TWO ESTABLISHMENTS IN Mr. Qureshi, City Manager, stated staff wished to bring it to the Council's attention that two establishments in Fridley are not meeting the requtrements of the ordinance regarding food sales in relation to liquor sales. Mr. Qureshi, City Maroager, stated staff wished to bring it to the Council's attent�ori that two establishmEnts �n Fridley are not meeting the require- ments of the ordinance regarding food sales in relation to liquor sales. Mr. Quresh� stated, if Council desires, staff could check further to see what is currently being done �n other cit�es since this ordinance has been in effect for a number of years, however, he felt there was a definite purpose and research should be done on the requirements. No action was taken, therefore, at this time regarding this item. CLAIP1S: MOTION by Councilwoman Moses-Martin to author�ze payment of Claims No. 244512 through 268F09. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. LICENSES: MOTION by Councilman Barnette to approve the licenses as submitted and as on file in the L7cense Clerk's Offi ce. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unammously. ' � 1 � � 1 REGULAR MEETING OF OCTOBER 5, 1981 y ESTIMATES: .A `.� PAGE 7 MOTION by Councilrrian Fitzpatrick to approve the estimates as submitted. Continental Custom Brtdge Company P.O. Box 153 Alexandria, MN 56308 FINAL Payment - University Avenue Bikeway/Walkway Bridge Boda Construction 12325 Cloud Drtve N.E. MPIs. , MN 55434 Partial Est. - Repanr of 1.5 Million Gallon Reservoir Bud Johnson Construction Company South9ate Office Plaza 5001 West 78th Mpls., MN 55437 FINAL Payment - Springbrook Nature Center Design Consort�um, Inc. 1012 Marquette Mpls., MN 55403 FINAL Payment - Springbrook Nature Center $20,847.00 $ 6,528,69 $ 8,373.OD $ 1,717.10 Se¢onded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURfVMENT: MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. 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 Octo6er 5; 1981 ad,7ourned at 9 02 p. m. Respectfully Submitted, n � � /�_ � �rr�-.r (� /% , r � /�,: ''�, �`,�G�',yv� �� � Carol--Haddad Willaim J. Nee Secy. to the City Council Mayor Approved: October 26, 1981 ��L�� �_-