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11/01/1976 - 00014693� THE P1INUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY CDUNCIL OF NOVEPIBER 1, 1976 The Regular Meeting of the Fridley City Counctl of November 1, 1976 was called to order at 7.32 p m. by Mayor Nee PLEDGE OF ALLEGIANCE Mayor Nee led the Council and the audience in sayina the Pledqe of Alleniance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA� P9ayor Nee, Councilman Hamernik, Councilwoman Kukowski, Councilman Starwalt, and Councilman Fitzpatrick. fJone Y - MOTION by Councilman Hamernik to adopt the aaenda as submitted. Seconded by Council- woman Kukowski. Upon a voice vote, all votrn4 aye, h�ayor Nee declared the motion carried una m mously. OL� BUSINESS CQNSIDERATION OF UFW POST �363 REOUEST TD USE BINGO FUNDS FOR THEIR 6UILDINF PROGRAM �Mayor Nee stated that this matter was tabled by the Council at the last meetinn, October 25, 1976, in order to allow more time in which to be supplied more extensive information. Mayor Nee then proceeded to ask if anyone was present to represent the VFW and Mr. Marvin Brunsell, Finance Dtrector, stated that he believe P1r Dan 5,7odir, Commander, U.F.W Post No. 363, would be alona a little later in the eve m nn � Councilman Starwalt also commented that he had been in coni.act with persons from ±he American Legion and they, too, were expected to attend the meetinq MOTION by Councilman Starwalt to table the matter until l�ter �n the meetina. Seconded 6y Councilwoman Kukowski Upon a voice vote, all votina aye, Playor Nee declared the motion carried unanimously. NEW BUSINESS RECEIVING THE MINUTES OF THE P ROTTLUND OAKS, P.S. �76-07: ING COPIMISSIDN P1EETIPIG OF OCTOBER 2f1, 1976: Mayor Nee stated that the Planninq Commission recommended anpi°oval of the proposed plat wtth sttpulations and the item would be to consider a public hearina for the 13tn of December, 1976 MQTIDN by Counc�lman Fitzpatrick to set the matter of the plat and vacation for public hearing on Oecember 13, 1976. Seconded by Counc�li�ian Hamerm k Upon a voice vote, all voting aye, Mayor PJee declared the mot�on carried unanimously. NG PD DISTRICT, 8100 BLOCK OF EAST RIVER ROAD Mr. Richard Sobiech, Public Wo�^ks Director, stated that this matter was brouqhtup as a suggestton by the Staff in that the previous item that was 7ust set for public hearing in December, Rottlund Daks, P.S. ?�76-07, is a replat of a portion of existinn P.D. distrtct and the replat is rounhly in ltne with Ely Street ad,7acent to East 4iver Road. He further stated that at the time for consideration of the replat, it was discussed that the entire area was zoned P D However, ±Le � D requirements were not actually beinq adhered to accordinn to the ordinace Mr Sobiech also stated that the development tn the northerly half has been proceedin� alonq in a -i� �- , REGULAR COUNCIL MEETING OF NOVEMBER l, 1976 PAGE 2 s�ngle family residential development manner, and this was orovtded for by a motion by City Counctl �n 1973 wherein they indicated that they would allow the R-1 requirements to be the overall P D. plan and allowed the developers to proceed with sinqle family developments specifically around Fairmont Circle. As that proceeded, the request then came from single family developers in the southerly area P.D is a Planned Development d�strict which allows for any tyne of development from R-1 through C-2S, so it is an area that allows the developer flexibility in development of certain parcels of property. However, in this particular case, it appears to be proceedina in an orderly manner for R-1 and all sinqle family, especially for the request for renlat in the southerly portion He further stated that at this potnt and time, Staff suq4ested that to e1iminate the confusion, as �t presently exists due to the P.D. requirements as the property is developing sinqle family, perhaps it should be rezoned. The property owner at the present ttme has no pro6lem zo m ng it R-1 if a certain portion of it remains R-3 and he ts receptive to go along with the P.D rezonrn� However, he is w�llinq to proceed with the rezoning wtth the understand mn that certain lots, specifically Lots 11, 12, and 13 be rezoned for R-3 Mr Sobiech further stated that the Plannina Comm�ssion did discuss this matter at two meet�n�s and d1d recommend to the Council that the C�ty �m t�ate rezo m ng for R-1 and R-3 He also sunqested that it would be in order for the Council to concur with the recommendation of the Plannina Commission to be�in the processinq of the rezoning request Mayor Pdee then asked Mr Sobiech what �t was before it went to P.D Mr. Sobiech replied he believed it was R-1. Mr Sobiech then proceeded to show the Council the plat being prepared by Mr Rotter Mr Sobiech also commented that Mr. Rotter was notified about the meetinq, however, he was not present. Mr. Sobiech stated that the property owners were all advised that they were in a P D zone and Staff is of the opinion that all of the owners realize this and as far as financing mortgages, titles, etc., that is all fine Councilman Starwalt suggested that rather than initiattnq any action at the present time, a letter 6e sent to the people askinn them for their thoughts on the matter Councilman Fitzpatrick stated that he thought this would be acceptable and �t would not hold up the petitioner He further stated that in the meantime, the people who already ltve and own the property to the north could be advised of this and if they wanted to request a rezonrn�, we could proceed with it at that time In the meantime, the present plat could be handled Mr. Sobiech aqreed with th�s and stated that the prooerty owner at this time would �ust as soon leave �t alone He further commented that Staff could make up a form letter with appropriate return response from them and it will not hold up the plat and a better understandrnn from the property owners to the north could be received MOTION by Counctlman Fitzpatrick to direct the Administration to contact the property owners to the north to rece�ve an �ndication whether they are interested in the rezon�ng and to continue the item unttl the response from the restdents is received Seconded by Councilwoman Kukowski. UPon a voice vote, all votin� aye, Playor Nee declared the motion carried unanimously GARAGE REQUIREMENTS FOR SINGLE FAMILY HOMES � � Mr Sob�ech, Public Works Director, led the dtscussion statinq that this request was initiated at one of the sub-comr�issions of the Plannin� Commission for review � as to whether a single garaqe requirement should 6e mandatory for all single family dwell�nq um ts He f�rther stated that the Appeals Commission had discussed th�s, but did not come up with a recommendation. However, the Community Development Commission came up with a pesitive recor�mendat�on to the Plannin� Commission which �ndicated five reasons why all srnqle family dwellinns in the City of Fridley should have a sinqle fam�ly qaraae. The Planninn C�mm�ssion did discuss this tn considerat�on with the Human Resources Commission minutes which indtcated that they felt was not in line w�th existina City codes The Human Resources Commission felt that sinqle REGULAR COUNCIL MEETIN� OF NOVEMBER l, 1976 PAGE 3 family garages should not be requtred. However, the Plam m �a Commission d�d pass on to the Council the recommendatton of the Commun�ty Development Comm�ssion recommending that the zoninq code be chanaed to make a requirement for all single family dwellrngs to have a sinqle famtly aaraqe Mr. Sobiech also stated thai it should be noted that from the minutes �t was a � unanimous decision; however, there were only three members of the Planninn Commission present The Human Resources and Parks and Recreatton Commissions did not have representatives at that meetinn. He stated that the planninq people did provide input also, and it was their feeling that there was a very serious conflict with the recently adopted housinq proqram which indicated that they would try to proceed tn a manner whtch would allow moderate income families to acquire a diverse type housinG Counc�lman Hamernik then commented that he would be willinq to consider chan�inq the ordinance requirinq a garage if we could l�mit the property owner from putting up the small storaqe sheds. Councilwoman Kukowskt stated that she aqreed with the way it is riqht now, that as they can afford to put a qaraqe on, the,y could put it on later and that she dtd not believe there was that much of a problem Mr. Nasim Qureshi, City Manaqer, suqqested that perhaps this matter could be further dtscussed at the Conference Meetina. Councilman Fitzpatrick stated that it was his opinion that they are not prepared at this point to request the administration to prepare an ordinance MOTION by Councilman Fitzpatrick to refer the item to the Plann�na Commission for constderation of the ent�re zo m na ordinance, bu�ldinq code and the maintenance � code. Seconded by Councilman Starwalt. Upon a voice vote, all votin� ave, Mayor Nee declared the motion carried unan�mously. APPEALS CDMMISSION EXCERPT FROM MEETING OF OCTOBER 26. 1976 PACO, INC. 7751 ELM ST., REAR YARD SETBACK AND SIDE YARD SETBACK Mr. Sobiech, Public Works Director, stated that this was a request by Paco �lasonry to vary from the code in two areas--the parcel of propertv on Elm Street rouqhly between 7700 and 7800 Elm Street He further pointed out that the request by Paco was to vary the code from 20' to 0' on the side yard and from the 25' requirement to the 7.5' requirement on the rear yard. As noted in the discussion of the Appeals Commission, the rear yard setback request did not aopear to 6e out of line tn that the same request was qranted to the north, and it is consistent with the development takinq place in the block. However, there was some discussion for the request for the zero lot line setback in that it would conflict witYi the parking lot, particularly with the traffic that mi4ht hit the buildrnq The recommendation, however, from the Appeals Comm�ssion was to approve reduction of the rear yard setback, but to only approve reduction of side yard setback from 20' to 5'. The five feet is to be made up by reduction of the buildin� or by another variance request P1r Sobiech further stated that after discussions with the contractor Mr Paschke,(who was,6y the way, present in the audience) he has reduced the size of hts buildinq to permit the 0 to 5' set6ack. Mr. Sobiech stated that with the concession to reduce the buildinq and the � recommendation to approve the rear yard setback, the development could proceed As a further point of information, h1r. Sobiech stated that the developer did contact the property owner on the north tn an attempt to acquire some additional property to provide a development similar to what is happeninq to other parts of the area Also, even thouqh the development will consist of approx�mately three lots, or 12Q', there are other 120' developments �n the area, so it is not an inconsistency of what is going on there. P�r. Qureshi then asked Mr Sobiech if anyone was ob�ectinn to this, and he responded not that he was aware of and there was no tnd�cat�on from the Appeals Commission. The only ob�ectton P1r. Sobiech could comment on was a qentleman to the north was unwillrna io help with a total plan for the rema�nin� area Mr Qureshi then questioned if he was sent a notice, and P1r Sobiech stated he was MOTION by Councilman Hamernik to concur with the Aopeals Commiss�on recominendations and approve the variance request to reduce the rear Yard setback from 25' to 7 5' ji _,t L n +. REGULAR COUNCIL MEETING OF NOVEMQER 1, 1976 PAGE 4 and reduce the side yard setback from 20' to 5'. Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, �layor Nee declared the motion carried unanimously MOTION by Councilwoman Kukowski to rece�ve the minutes of the Planning Commission of October 20, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all votin� ave, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF UFW POST �r363 REDUEST TO USE BIPlGO FUNDS FOR THFIR BUILDIPIG PROGRAM � INSTEAD OF FOR COMMUNITY PROJECTS TABLED 10/25/76 : Mr. Dan S,7od�n, Commander, UFW Post 363 discussed the desire of the Post to use some of the�r bingo funds to complete necessary pro,7ects, such as landscapinn, flag pole base, re-surfacinq the parking lot, etc. Councilwoman Kukowski asked Mr. S�odin if the orqanization could work with 10% of the prof�ts for this year, and he replied it was a variable thinq. He did not know if l0i' weuld be adequate or not Mayor Nee then expressed the concern of the Council as to how they should respond to other groups, Amer�can Leqion, etc. that may be entitled to the same consideration, and sa�d the Council wished to develop some kind of quildeline that would be available to everyone Counc�lman Fitzpatrick asked Mr S,7odin if th�s would �ust be a one time occurrence to complete the pro,7ects the Post has and not an annual occurrence, and he replied it was Councilwoman Kukowski stated that perhaps the Counctl could allow 10% now and then review it and see how it was workinq h1r. Marvin Brunsell, Finance Director, asked Mr S,7odin if he had a dollar fiqure he could g�ve on this, and he could not qive a fixed amount P1r S�odin could only comment on a$5,000 figure to repair the parkinq lot. Mr. virgil Herrick, City Attorney, stated that he thouaht perhaps the Council and Admim stration should be thinkinq of qettinq some type of report from the orqam zation, maybe on a quarterly basis, that w�ll show what ihe �ross income and expenditures are in operatinq the bingo operation,and then the Council and the orqanization would know what ±heir net profits are for the quarter He also stated that, at present, he believed the orqam zation did not know what their proposed expenses are Mr. Herrick proceeded to ask 41r S,7odin tf he was keepina a separate account of o�erating expenses, and Mr. S,7odin replied the were and were expected to by law. P1r Herrick then stated that as far as he and Mr Brunsell were concerned, they have never seen any indicat�on of what has been taken into the account or what has been expended from the account MOTION b,y Councilman Hamerm k to approve, on income for the specific purpose of improvrn� by Councilwoman Kukowski. Upon a voice vote, motion carr�ed unan�mously � a one time basis, �10,D00 from the 1976-1977 the exterior of the buildinq. Seconded all votina aye, Mayor Nee declared the RECEIVIPdG THE P1INUTES OF THE CATV PIEETING OF OCTOBER 2�1 MOTION by Councilman Fitzpatrick to receive Commission Seconded by Councilman Starwalt fJee declared the motion carried unanimously the minutes of the Cable Televiston . Upon a voice vote, all voting aye, Mayor CONSI�ERATIOP! OF REQUEST FOR FUNDS FOR SOUTHERPI ANOKA COMP4UNITY ASSISTAPJCE Ms Pat Brennen stated that her orga m zation, SACA, is a non-profit orqanization � serving the southern part of Anoka County operatinn as an informat�onal and referral service. She further stated that her orqan�zat�on delivers food and clothing as it is needed. They also refer people to the type of help they seem to need. Mrs Helen Treuenfels is the Executive Director Ms Brennen stated that $500 aqain this year as a donation would 6e fine. Playor Nee then asked Mr Quresh� to recapitulate the status of the budqet. P1r. Oureshi then proceeded to mention that there was $3,000 in the community development budqet; $1,000 designated for North Suburban Family Service Center, and $2,(100 to be used for general social service needs � � � REGULAR COUNCIL MEETINC OF NOVEMBER 1, 1976 a �' ��1 PAGE 5 MOTION by Councilwoman Kukowski to approve a�5G0 donation to the Southern Anoka Community Assistance orqam zation. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CLAIMS: MOTION by Councilman Hamer m k to pay Claim No's 17408 - U570 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously. LICENSES MOTION by Councilman Starwalt to approve the licenses as subm�tted and as on file in the License Clerk's office. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously ADJOURNMENT: MOTION by Councilwoman Kukowski to ad,7ourn the meetinq Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meetinq of the Fridley Crty Counc�l of November l, 1976 ad,7ourned at 9 17 p.m Respectfully submitted, �� � �C'J�N� �� / �'�/�� Dorothy C. Green Secretary to the City Council Approved: �/-/�5`-�(0 Wil1iam J Nee Mayor