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08/16/1976 - 00014740REGULAR COUNCIL MEETING OF AUGUST 16, 1976 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For legal services rendered by V�rgil Herrick, City Attorney for July, 1976 $1,185.25 PAGE 10 MOTION by Councilman Fttzpatrick to approve the estimates as submitted. Seconded by Councilwoman Kukowski Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously. REVISION OF FEE SCHEDULE FOR SECOND ACCESS QUILDING: Mr. Marv�n Brunsell, Finance Director then discussed another fee schedule issue which had been added to the agenda, stat�ng that the proposed ordinance would reduce the special use permit fee from $120 to $80 for special use permits for second accessory 6u�ldings and the $120 fee would be for all other spec�al use permits. This would, therefore, set up two fee schedules for special use permits, where now they are averaged together. He further pointed out that there are very few permits issued for second accessory bu�ldings, so th�s should not have any great impact on the averages. It would s�mply set up two fee schedules for the different types of perm�ts, and the second accessory buildings are usually more s�mple tn nature than the others. Counctlman Starwalt then asked �f the second accessory building meant a garage. Mr. Brunsell responded that �t was R-1 property, and th�s would be the only instance where there would be a second accessory building. MOTION by Councilman Starwalt to approve the reduced fee Seconded 6y Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously CONSIDERATION OF COMMUNICATION FROM ANOKA COUNTY REGARDING DESIGNATION AS ECONOMIC DEVELOPMENT AREA: Mayor Nee then discussed a new bill that was �ust passed, stating that it is different from the present CETA bill �n that it pays for the material plus labor. The ma�n concern is that the City Counctl move quickly and in the next three or four weeks �f there was anyone who wanted �n on this, there should be a plan that could be put into action within 90 days Mayor Nee stated that he wished to raise the questton of what is ready to move and to get some sense to the C�ty Council as to what would be submitted. MOTION by Counctlman Fitzpatrick to have Staff prepare recommendations and brtng them back to be prioritized. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, the motion was carried unanimously. ADJOURNMENT: MOTION by Counc�lwoman Kukowsk� to ad�ourn the meeting Seconded by Counc�lman Starwalt. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fr�dley City Council of August 16, 1976 ad�ourned at 12:50 a m. Respectfully submitted, �l; P i +��o�,� � � ..1-s�-�, Dorothy C. Green Council Secretary Approved September 13, 1976 ����� �� W�ll�am J. Nee Mayor � � � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 16, 1976 The Regular Meeting of the Fridley C�ty Council of Nugust 16, 1976 was called to order at 7:40 p m. by Mayor Nee. PLEDGE OF ALLE6IANCE� Mayor Nee led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Counc�lman Fitzpatrick, Counc�lman Starwalt, Councilwoman Kukowsk�, Councilman Hamernik and P9ayor Nee �l� �[7T:� REGULAR COUNCIL MEETiNG OF .]ULY 26 MOTIDN by Councilwoman Kukowski to adopt the minutes of the Regular Meetiny of the Fridley Ctty Council of July 26, 1976 as submitted Seconded by Councilman Starwalt. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unam mously. REGULAR MEETING OF AUGUST 2, 1976 MOTION by Councilman Hamernik to adopt the minutes of the Regular Meet�ng of the Fr�dley �City Council of August 2, 1976 as submitted Seconded 6y Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously. ADOPTION OF AGENDA Councilwoman Kukowski stated that she would like to have Item 8 moved to first place of New Business Mayor Nee asked if there was any ob,7ect�on to this, and there was no o6�ection. Mayor Nee stated that there would be added discussion of the revision of the fee schedule for second accessory buildings and also added discussion regarding a communication from Anoka County regarding designat�on as Economic Development Area MOTION by Councilman Starwalt to adopt the agenda as amended by the aforementioned additions. Seconded by Councilwoman Kukowskt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS A visitor discussed having lights on the tenm s court in the even�ngs since the court is heavily used and en,7oyed. Councilman F�tzpatrick stated that the Park and Recreation Commission could undertake th�s and Mr. Quresht, City Manager, stated that it will be rev�ewed and if feasible, it would be done. OLD BUSINESS: �CONSIDERATION QF LOCATION FOR HOCKEY AND FOOTQALL ASSOCIATIDN STORAGE BUILDING OfV CITY PROPERTY TABLED 8/2/76 : Mayor Nee asked if there was anyone from the Hockey Association to de7iberate on this matter and Mr. Lynn F�scher, 525 6th Avenue N E., spoke on the Assoc�at�on's behalf Mr. Qureshi then stated that the City has revtewed all of �ts propert�es in the hope of ineeting the Association's needs, yet not limit�ng a s�zable portion of publ�c property for the residents' use. Mayor Nee asked if the site chosen was beh�nd Target, and Mr. Fischer responded it was and referred to it as Cheri Lane. Counc�lman Starwalt then quest�oned the vandalism aspect and Mr. Fischer assured him that regular checks by the Police Department would be made. MOTION by Councilman Starwalt to approve the location as outlined on the map as the chosen site for the Football and Hockey Assoctation Seconded 6y Councilwoman Kukowski. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the inotion carried unanimously. fil REGULAR COUNCIL MEETING OF AUGUST 16, 1976 NEW BUSINESS SI�ERATION OF TRANSFER OF LIQUOR LICENSE FOR THE AMERI SECOND R NO NT PAGE 2 1 Mr. Btll Kinkel, American Leg�on Post 303, spoke on behalf of the Amer�can Legion. � He stated that the only problem was parking and they had approximately seventy park�ng spaces which were only half of what they needed. He further stated that he dtd not feel that the Legion would ever have 560 people at one time and that 140 parking spaces would not be needed Mayor Nee then asked for a Staff report on it. Mr Dick Sobiech, Public Works Director, responded that they met wtth Mr. K�nkel separately, and dtscussed certain building requ�rements of the locat�on and that four items came into play: rezom ng, spr�nkltng, park�ng, and landscaping requirements. He further stated that the use of the structure by the Leg�on �s considered a lodge or pr�vate clu6 and the occupancy rate in excess of 30D people would require rezon�ng. If the occupancy rate is less than 300, then the ex�sting C-1 zoning could be used. In excess of 300, rezon�ng to C-2S would be requtred. The sprinkl�ng requirement was based on the �ntended use of the bu�lding by the Amerlcan Legion and the inter- pretation by the bu�ld�ng and fire prevention people that th�s structure woUld then be an assembly structure. If it is an assembly type of structure then sprrnkl�ng would be required based on the part�cular fact that the structure is of a wood construct�on. He further stated that regardTng parking, accord7ng to the Uniform Build�ng Code, an assembly structure requires seven square feet per occupant. The floor plan as presented consisted of approximately 4,500 sq. ft �n the main area and a certain square footage �n the bar, and certatn square footage in the game room. Each of these areas have d�fferent occupancy rates. After totalling these all up, the requirement was 560 people. In other words, the structure would 6e allowed to have 56D people Discussion revolved around the fact that the Amer�can Legion did not think they would have that many people. However, based on the 560 requirement, the normal commercial type of seat2ng capac�ty of one car for every four occupants � results in a park�ng plan of approximately 140 spaces and that �s different than the park�ng requ�rements for a restaurant/tavern type operat�on which requires one parking stall for every three occupants, so the commercial rate has been applied and they do not come under the intox�cating l�quor license. Mr. Sobiech also stated that there was further d�scuss�on regarding buying the ad�acent property in order to come up with the additional parktng plan However, at this point based on the parttcular occupancy, Mr. Sob�ech stated that that would be the park�ng requirement. He also stated that at the present time, Council has adopted the first reading of the ordinance for rezoning of C-1 to C-2S based on an agreement with sttpulations and it should be po�nted out that a number of those items in that agreement w�th the previous owner are now be�ng taken care of with the existing owner and that the present owner was agreeable to the terms of the agreement and is proceeding with the remodeling and landscap�ng and at this pornt in time all that is needed is a second reading of the ordinance. Mr. Sobiech also pointed out that �n other cases a certain amount of park�ng has been allowed by Counc�l; however, should park�ng be a problem, then other parking would be provided. Mr Kinkel stated that the Legion would be incurrtng an exhorbitant expense in buying extra property. Again, he stated that the Leg�on is not gotng to have 560 people and if they do, they w�ll buy the place themselves. He stated that he did not think they v�ould have more than a couple of hundred people. Counc�lman Starwalt stated that in all the years he's been a Councilmember, he �s convinced that the requirements that have been established,whtch the C�ty Engineer is working with, substantially prove out to be that they stand the test of time. Councilman Starwalt stated that the Council would want to apply the same standard to Mr. K�nkel's � organizatton, the American Legion, as �s required of similar organizattons. He further po�nted out that although Mr. Kinkel stated there would never by 560 people; but should there be, this could be a problem. Mr Henry Peterson, 6312 P�erce Street N.E., stated that he did not agree w7th Counc�lman Starwalt and proceeded to mention what the Amer�can Legion has done for the community. He stated that he did not belteve tYiere would be more than 200 occupants. Mayor Nee then stated to Mr. K�nkle that an agr•eement could be entered into with the owner that in the event tne City f�nds the parking a problem, the Legion wtll accept the responsibility to ftnd more parkrng. Mr. K�nkel replied that the Legion will be in ayreement to get more park�ng if needed. Mayor Nee stated he felt REGULAR COUNCIL MEETING OF AUGUST 16, 1976 PAGE 3 that it would probably be the initiative of the Council upon their finding a couple of nights a week that there �s parking on the highway He also stated that an agreement could be made in order for the Legion to undertake this. Mayor Nee asked Mr Sobiech if similar agreements have 6een made with others and he responded that there have been; however, in most cases it was an agreement between the property owner that would be sharing the parktng or the property owner already owning the property �Councilman Hamernik stated that he would be �n favor of having some sort of a st�pulation on the agreement and if the Leg�on �s go�ng to expand the�r parking, he would like to see a plan as to where they will expand.� Mr Sobiech then stated that since the City Council would not be meeting for another month, the consideration of the second reading of the rezoning ordinance could 6e brought back at that time and perhaps they might have a proposed agreement with the American Legion Counc�lwoman Kukowski then stated that �t was her understanding that we would be asking the Legion to wait on this. Mr Sobiech responded that the rezom ng is not on this evening's agenda. Mr. Kinkel stated that they would l�ke to start work and hopefully open in one month. Mayor Nee then stated that a motion to remove the ord�nance from the table was needed. MOTION by Councilman Fitzpatrick to take the ordinance from the table and place it on the agenda this evening. Seconded by Councilwoman Kukowsk�- Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to waive the reading and adopt an ordinance on second reading on rezontng request, zontng ordinance amendment ZOA #75-02, Frontier Club, 7364 Central Avenue Northeast. It is to 6e numbered and published after all stipulations are completed. Seconded by Councilman Hamerm k. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REAPPROVAL OF FINAL PLAT SUBDIVISION P S #76-01, INNSBRUCK �i�wnn�ua� iv a v CONSIDERATION OF REAPPRDVAL OF FINAL PLAT SUBDIUISION P.S #76-02, INNSk3RUCK VI Mr. Sobtech, the Public Works D�rector, discussed the Innsbruck North Townhouse IV and V addition and the proposed Inns6ruck Village. He stated that these plats were before the Ctty Cauncil for reapproval since certain t�me l�mits have expired stnce or�ginal approval, and at this point in time, the IVth and Vth addition is ,7ust as or�ginally presented and there are no chan9es. He stated that there was a m�nor change in the Innsbruck Village tn that orig�nally proposed was 100 townhouse unit developments and after going back to the drawing table to draw up the hard shells, it was discovered that by elim�nating three structures that were or�g�nally proposed, which amounts to twelve units �n the development, they could better utilize the property and make use of the existing terrain. However, Mr. Sobiech said that th�s map is only a copy of the plat of Innsbruck Village as he now has tt and that the hard shells for both the townhouses are on file. He further stated that it was the intent of the developer to proceed w�th the original planning request to try to make up the three structures which were removed from the original layout of Innsbruck Village. In the end, they hope to ach�eve 96 units as opposed to 100 originally planned. The new Innsbruck village plat only has 88 of them. He stated that they were advised that they will have to proceed through another public hearing of the Planning Comm�ss�on and the C�ty Council and there was no guarantee of such approval. He further stated that there was one problem in that the easement for the dedication of the Innsbruck North Park was supposed to have been g�ven to the City; however, certain back taxes have not been paid. After discuss�on with the developer, he indicated that, if there �s an attempt to abate the back taxes, he will pay the back taxes with the understanding that the City would pay the special assessments. The back taxes are for the years 1974, 1975, and 1976, and Mr. Sobiech said it would seem reasonable that tf they were willing to pay the back taxes which are approximately $2,200.00, the City would pay the assessments. MOTION by Councilman Starwalt to approve the final plat subd�v�sion P.S.#7h-Ol Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaninously MOTION 6y Councilman Starwalt to approve the final plat subd�vision P.S. #76-02. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carried unanimously / REGULAR COUNCIL MEETING OF AUGUST 16, 1976 PAGE 4 CDNSIOERATION OF REAPPRDVAL OF FINAL PLAT SUBD NISION P S. '�,73-09, ALICE WALL ADDITION: Mr. Sobiech asked �f there was anyone to represent the Wall Addtt�on as Mr. Wall was aware that the item was on the agenda for this evening. There was no response from the audience. Mr. Sobiech then gave a brief up-date of the matter, stating that when the plat was orig�nally approved, there was quite a bit of urgency for the development of the multiple dwelltng portion. However, at the present time, there is � more of a need to develop the platted residential single family lots and as noted by the letter of understanding in the agenda s�gned by Mr. Wall, there is an outltne of stage construction which would allow development of single family lots. Mr. Sobiech further pointed out that at th�s point in time, stngle family lots would be developed prior to the apartment house lots MOTION by Councilman Hamer m k to approve the final plat subdiv�sion P.S. #73-09. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counc�lman Fitzpatrick to authortze execution of agreement to develop the Altce Wall Plat. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unan�mously. RECEIVING THE MINUTES OF THE PLRNNING CDMMISSION MEETING OF JULY 28, 1976 CONSIDERATION OF APPEALS COMMISSION MINUTES OF JULY 13, 1976 MR. NEURURER, 390 - 57TH PLACE - MR. JOHNSON, 38D 57TH PLACE (DISCUSSED TOGETHER): Mr. Sobiech dtscussed the matter regarding a request for parking in the front yard of two existing 4-plexes located at 380 and 390 57th Place, which has been going on for a number of years. The owners were approached and requested to obtatn a variance or the depressed curbing would be replaced by regular curbing. The matter was brought before ihe Appeals Commission and they d�d vote for approval � of the request, however, certain parking alternatives were discussed. Mr. Sobiech further pointed out that the 390 57th Place structure has an advantage whereby there is a garage in the rear wh�ch enables parktng beind the garage and ts in compliance with the ex�sting codP. The 380 57th Place structure has no existing garage fac7lities, so the ma,7or�ty of the tenants use the ex�st�ng front yard parking stalls. A suggestion was made at the Appeals Commission meet�ng whereby the owners could purchase property from the west and property from the east and develop a �oint parking arrangement between the two buildings. Mayor Nee then asked if the owners were present. Mr Neururer was not, however Mrs. �ames Johnson of 621 Bennett �rive, owner of 380 57th Place, was present. Councilman Hamerm k st�ted that in driving by the area it certainly did not look verydesirable and, Mrs. Johnson agreed. Councilman Hamernik further commented that referring to the proposal as outlined, there is still an encroachment on the boulevard area even if the variance was approved. Mayor Nee then asked Mrs. Johnson if some other eff�rt could be made to come up with some other alternat�ves. In his opinion, up until this point no such effort has been made. Counc�lman Hamern�k stated he felt the property owners could come up with an alternative and resolve this w�thout the variance. M6TION by Councilman Hamern�k to table the matter and see if the Staff can do something on th�s Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed una m mously. HILLWIND ADDITION, PLAT SUBDIVISION #76-06. MOTION by Councilwoman Kukowski to set the public hearing for September 20, 1976. � Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. MOTION by Councilwoman Kukowski to rece�ve the minutes of the Planning Commiss�on meet�ng of July 28, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i REGULAR COUNCIL MEETING OF AUGUST 16, 1976 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 4, 1976 CONSIDERATION OF APPEALS COMMISSION MINUTES OF JULY 27, 1976 MR. BURKHOLDER, 106 77TH WAY N.E.: PAGE 5 � Mr. Dick Sobiech, Publtc Works D�rector, stated that this �s a request for parking �n the front yard, located at 77th Way and East River Road. He further pointed out that the Appeals Comm�ssion did cons�der this item and did recommend approval of the front yard park�ng in the area. He stated that Mr. Burkholder, 7860 Alden Way N.E. was present to discuss the situat�on. Mr Sobiech then proceeded to dtscuss the fact that there exists two apartment buildings: one on which the variance request is pet�tioned for and has approximately three park�ng spaces, and the other building to the west of it presently has park�ng �n the front yard area The petitioner does own the parcel of property in quest�on. Mr. Sobiech stated that perhaps arrangements could be made whereby certain park�ng facilities could be planned cooperatively for the total area. He further potnted out that the situation has been compl�cated espec�ally along 77th Way by the requests for "no parking" signs. Mr. Burkholder then commented that there was ,7ust no place to qo He stated that he was surrounded by commercial property and a sea of black top He suggested that he would be agreeable to screen between the parktng and the street. He noted that a complaint was made by Donna Anderson of 160 77th Way N.E. requesting the "no parking anyttme" stgns posted on 77th Way Councilman Hamerntk voiced his concern for setting a precedent wh�ch would allow front yard parking. Councilman Fitzpatrick shared h�s concern Mr. Qureshi, City Manager, suggested that Mr Burkholder contact 6arry Blower Company and see if some mutual agreement could be made If not, the City Council could author�ze a vartance. MOTION by Counctlman Hamern�k to ta61e th�s item until the September 13, 1976, , Regular Council meettng and see if acceptable alternatives can be worked out. Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor IVee declared the motion carrted unanimously TOWN CRIER PANCAKE HOUSE, 7730 UNIVERSITY A�ENUE N E hr Sobiech, Public Works Dtrector, stated that this was a request for a variance from 100 sq ft. to 108 sq. ft. The exist�ng sign being 96 sq. ft. Approval was recommended by the Appeals Commission. Mr. Craig Vargo, 7730 Um versity Avenue Northeast, then spoke to the C�ty Council and proceeded to show them a drawing of the sign. MOTION by Counctlman Hamernik to concur with the Appeals Comm�ssion recommendatton and approve the variance with stipulations Seconded by Councilwoman Kukowsk� Upon a vo�ce vote, all vottng aye, Mayor Nee declared the motion carried unanimously. VARIANCE FEE SCHEDULE. Mr. Sobiech, Public Works D�rector, stated that the Chairman of the Appeals Commission, Ms. Virginia Schnabel, d�d contact him to ensure this rtem came before the City Counc�l After discussion with her, Mr. Sobiech stated that he bel�eved there was a m�sunderstanding as to how the increased fee was arrived at. Apparently, the comments by the Appeals Comm�ssion regarding the fee tncrease came after the var�ance request for a 1 ft. var�ance on res�dential property. Consequently, the increased fee of $50 00 vs. what was orig�nally � $15.00 was questioned with thts part�cular res�dential zo m ng variance request. Mr. Sob�ech stated that he explained to Ms. Schnabel how the increased fee was arrtved at, based on an average of variance requests on small lots of great magnitude. He further stated that he indicated to Mrs Schnabel that he would explain to the City Council and that Council would perhaps direct the Staff to prepare a more tn-depth explanation to the Appeals Commtss�on. He then asked if there was a representative of the Appeals Commission present, and Ms. Patricia Gabel responded that she was. Mr. Sobtech asked her �f h�s d�scussion expla�ned what perhaps happened at the Commiss�on's meeting and she responded �t d�d Ms. Gable suggested that perhaps what was needed was a 6reakdown Mayor Nee then stated that the City Council will try and �ustify this to the Appeals Commission. REGULAR COUNCIL MEETING OF AUGUST 16, 1976 JOSEPH SINIGAGLIO, SPECIAL USE PERMIT, SP#76-11, 4715 3R� STREET: PAGE 6 Mr. Sobiech, Publ�c Works ��rector, stated that this was a request for a spectal use perrn�t which would allow a second accessory building on an existing single family residence and the Planning Commu sion d�d recommend approval. He pointed out that several st�pulations ex�sted. Mr. Sinigagliq,4715 3rd Street Northeast, was present and stated that his expenses are over and a6ove what the garage cost. Councilman F�tzpatrick stated that the request cost Mr. S�n�gaglio $120.00 MOTION by Counc�lman Fitzpatrick to concur w�th the recommendation of the Planning Comm�ssion that the special use permit be granted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 40' LOTS: Mayor Nee stated that he planned to set a special meeting regarding this matter. Mr. Qureshi, City Manager, stated that a meeting would be set up approx�mately six weeks from this date MOTION by Counc�lman Starwalt to receive the m�nutes of the Planntng Commission meeting of August 4, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unantmously. ERATION OF REQUEST TO WAIVE ENFORCEMENT OF PROVIS Mr. Robert Meek, the Schaaf Campaign Manager, stated that he was requesting the City Council to waive enforcement of the ordinance that limits the s�ze of political signs unttl the Committee has had the opportunity to exhaust its efforts for appeal through the Appeals Commission Councilman Hamernik stated that a good deal of work has been done regarding the sign ordinance and allowing a variance would set a precedent which would invalidate anything that is in the ordinance, and he, therefore, quest�oned the consideration of this A visitor stated that there were three members of the City Council who are on Mr. Schaaf's Campaign Committee and she felt that there would be a confl�ct of interest as to Council voting on this. Mr. Wayne Wellan, 6793 Overton Drive Northeast, spoke against the request. Councilman Fitzpatr�ck stated that he was not sure that the benefit of the sign was going to be as great now with the publ�c�ty against the ordinance that perhaps would cause an unfauorable reaction. Senator Dave Schaaf then stated that he would withdraw the request at th�s time. Councilman Starwalt then asked Senator Schaaf �f he would prefer to w�thdraw or table the request. Senator Schaaf responded that he already withdrew. RECESS: Mayor Nee called a recess at 10:45 p.m. RECONVENE�. Mayor Nee reconvened the meeting at 11:02 p.m. CONSIDERATION OF A REQUEST TO ALLOW A ONE FOOT ENCROACHMENT INTO A DRAINAGE & UTILITY EASEMENT AT 7348 SYMPHONY STREET. CONSIDERATION OF A REQUEST TO ALLOW A ONE FDOT ENCROACHMENT INTO A DRAINAGE & UTILITY EASEMENT AT 7358 SYMPHONY STREET: MOTION by Counc�lman F�tzpatrick to take Item numbers 12 and 13 in the agenda out of order. Seconded by Councilwoinan Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � i � REGULAR COUNCIL MEETING OF AUGUST 16, 1976 PAGE 7 Mr. Sobiech, Publ�c Works Director, then proceeded to discuss items 12 and 13 The area is 7348 and 7358 Symphony Street, and at this time, there are two existing structures from which the attached garages extend into an exist�ng 6' util�ty and dra�nage easement on each of the specific properties. He further stated that at this time, the encroachment of 1 ft. presented no prohlem and suggested approval by the City Council of the encroachment request. �MOTION by Councilman Hamernik to approve the easement encroachment request on the two propert�es. Seconded 6y Councilwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motton carried unanimously. CONSIDERATION OF COMMUNICATION FROM GEORGE M HANSEN COMPANY - 1976 AU�IT. MOTION by Councilwoman Kukowski to authorize the execut�on of agreement w�th the George M. Hansen Company for the 1976 Audit. Seconded by Councilman Hamern�k. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carr�ed unanimously Mayor Nee further commented that a letter was received from the Hansen Company w�th reference to the C�ty Staff, who were h�ghly pratsed. Mayor Nee then congratulated the Staff inembers. CONSIDERATION OF REVENUE BONDS FOR INDUSTRiAL SPRAY PAINTING, 200 IRONTON STREET N.E Mr. Marv�n Brunsell, Finance Director, d�scussed the matter stat�ng that the owners of the Industrial Spray Pa�nting Company approached the City regarding the poss�bility of the City partictpating �n the issuance of industrial revenue bonds The bonds would be used for the purpose of purchas�ng the property �ncluding the exterior of the building, the parking lot and possibly some interior work. He further stated that one of the ideas of the tndustrial revenue bonds being advantageous for the owners of the property or the businessmen,in certain instances, is that they generally command a lower interest rate. However, they do have some extra expenses that partially offset this, �.e the expenses of issurng the bonds (they have to pay a fiscal agent for servtces in connection w�th the bond issue), certain City expenses �n �connection with the bond tssue �f it does go through,attorneys fees and so on for checking over certain legal documents. Mr. Brunsell, however, stated that �n certain �nstances it is advantageous to proceed with industrial revenue bonds. The City, in effect, lends its good name to the bonds, i.e C�ty of Fridley, Industr�al Revenue Bonds. However, techn�cally the City is not liable should the bonds default. The property itself is the backzng for the bonds. Councilwoman Kukowski asked if this had been done before w�th another company Mr. Brunsell stated that the City of Fr�dley has never �ssued Industrial Revenue Bonds. Mayor Nee stated that an application had been made by Olymp�a �eer with mortagage �nsurance which protected the City from any poss�ble defaults. Mr. Ern�e Toews then stated that several years ago, they had problems w�th the landlord and thro�gh the Coon Rapids City Counc�l, they explored costs, etc. They found that the interest ts less and that there are added costs, but the total package �s still cheaper than go�ng through the savings and loan or coinmerc�al banks. He also pointed out that by going the bond way, they could get it at a longer term than through a commerc�al lender. Mayor Nee stated that only two members of the City Council went through the original process, and he felt certain that they would want to d�scuss th�s Mayor Nee further stated that he would like to see inortgage insurance,and then asked if there were any comments on the matter from the C�ty Council. Councilman Starwalt questioned the Toews brothers regarding their possibly making an agreement with the landlord, but there didn't seem to be any possibility for this. Mayor Nee stated h�s inclinat�on was that they should be somewhat positive about the capabilities and at the same time, protect the City's reputation. � Councilman Hamernik then questioned P1r, Brunsell as to this type of bond affect�ng the rating. Mr. Brunsell stated that it should not affect �t �n any way directly. If it is not part of the debt owed by the C�ty, �t would not be carried on the City's books. Mr. Toews stated that he and h�s brother needed the C�ty Council's approval to go ahead with this and after obtaining a good deal of facts and f�gures, come back to the City Counc�l with same. � � REGULAR COUNCIL MEETING OF AUGUST 16, 1976 PAGE 8 Councilman Starwalt stated that he would not like to speak �n favor of a motion to express approval, but would consider authortzing Staff to assemble certain additional background data, past financial analysis, the community impact -- all of this in a reasona6le package so he could be more prepared to consider th�s matter. Mr. Virgil Herrick, City Attorney, then referred to the Guidelines for selling Industrial Revenue Bonds, Step VI, wherein it states that the Ctty Council gives prel�minary approval or disapproval after the fiscal and legal advisors report back to the City Council. In summary, Mayor Nee stated that there appeared to 6e four members of the City Council giving their approval and one member "lukewarm". He further asked Mr. Brunsell if he had any further information that would be of interest to the City Council, to please circulate the tnformat�on to them CONSIDERATION OF FIRE PROTECTIDN CONTRACT WITH THE CITY OF HILLTOP• Councilman Fitzpatrick stated that this was a continuatton of an existing contract. MOTION by Councilman Starwalt to approve the Ftre Serv�ce Contract with the City of Hilltop. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. -1976 - ADVE SIGN SE FOR BIDS - ION HARDWARE. M07ION by Councilwoman Kukowski to adopt Resolution No. 77-1976. Seconded by Councilman Hamernik. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. 5-1976 - S ION J MOTION by Councilman Starwalt to adopt Resolution No. 78-1976. Seconded 6y Council- woman Kukowski. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carr�ed unanimously RESOLUTION N0. 79-1976 - DIRECTION PREPARATION OF THE ASSESSMENT ROLL FOR SANITARY SEWER, WATER AND STORM SEWER IMPROVEMENT PRO�ECT N0. 119: MOTION by Counc�lman F�tzpatrick to adopt Resolution No. 79-1976. Seconded by Council- man Hamerm k Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 80-1976 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR SANITARY SEWER, WNTER, AND STORM SEWER IMPRDVEMENT PRO�ECT N0. 119: MOTION by Counc�lman Fitzpatrick to adopt Resolution iVo. 80-1976 Seconded by Councilwoman Kukowsk� Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 81-1976 - DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT 1976-1: MOTION by Councilman Hamernik to adopt Resolution IVo. 81-1976. Seconded by Councilwoman Kukowsk� Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously RESOLUTION N0. 82-1976 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMEf�T ROLL MOTION by Counci1man Hamernik to adopt Resolution No. 82-1976. Seconded by Councilman Fitzpatrick Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. UTION ND. 83-1976 - DIRECTIfdG PREPARATION OF THE FINAL ASSESSMENT ROLL FOR THE MOTION by Councilinan Starwalt to adopt Resolution No. 83-1976. Seconded by Counc�lwoman Kukowskt. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unam mously. L� I�� � REGULAR COUNCIL MEETING OF AUGUST 16, 1976 i_ �� PAGE 9 N0. 84-1976 - �IRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT c imc crovTrr rnnimrrTrnnic. MOTION by Councilwoman Kukowski to adopt Resolution No 84-1976 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. �DISCUSSION REGARDING CONTINUING MEMBERSHIP IN SUBURBAN RATE AUTHORITY Councilman Starwalt proceeded to d�scuss the matter. He stated that he gave some erroneous figures at the last d�scuss�on of the Suburban Rate Authority, and the correct figure is $525 for the proposed assessment of the administrative cost of the Surburban Rate Author�ty for the calendar year 1975. He gave a l�sting of the c�ttes that are members of the Suburban Rate Authority. Councilman Starwalt stated that he believed that the Su6urban Rate Authority mem6ersh�p could very defin�tely 6e advantageous to all of the people far in excess of what the $525 would be to the taxpayers. It should be recognized that thts does come from the general revenue and although it's difficult to ,7ustify that so much �s being done, rn fact it is happen�ng. He suggested the mtnutes are available, �f anyone cares to read them. Although Counc�lman Starwalt stated that he was nnpressed with the past act�vites of the Suburban Rate Authortty, he was not sure that �t could continue beyond 1977, but perhaps it should be looked at on a year to year basis. He further pointed out that Golden Val]ey is the on]y city that has w�thdrawn. Councilman Fitzpatr�ck questioned what the meaning of "Authority" in the Surburban Rate Authority title meant. Councilman Starwalt stated that they do not have the authority to make any clear cut ,7udgments, but that it merely presents �ts case to lobby agatnst the gas and other compan�es who raise their rates un,7ustly. MOTION by Councilman Starwalt to budget $525, wh�ch would be seventy-f�ve times the populat�on vote of seven for 1977. Seconded by Counc�lman Hamerm k. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. 'APPOINTMENT - CITY EMPLOYEE. NAME POSITION Joan Jensen 10160 Linnet St Coon Rapids, Mn Secretary N.W. Parks & Recreation 55433 Department (Grade 9) SALARY EFFECTIVE DATE REPLACES $69D August 23, 1976 Judy Wyatt per month MOTION by Councilman Fitzpatrick to approve the appo�ntment of Joan Jensen, Secretary, to the Parks & Recreat�on Department. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously CLAIMS MOTION by Counc�lman Hamernik Councilwoman Kukowski. Upon a motion carried unanimously. LICENSES: to pay the Claim No's. 16162 - 16433. Seconded by vo�ce vote, all voting aye, Mayor Nee declared the MOTION by Councilwoman Kukowski to approve the licenses as subm�tted and on fi7e �n the License Clerk's Office. Seconded by Councilman Hamernik. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ESTIMATES: Smith, �uster, Feikema Suite 1250 Builders Exchange Building M�nneapol�s, Minnesota 55402 For legal services rendered by Carl Newquist as Prosecutor for July, 1976 $2,228 75