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03/07/1977 - 00014592- r, THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 7, 1977 The Regular Meet�ng of the Fridley City Council of March 7, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLE�GE OF ALLEGIANCE Mayor Nee led the Counc�l and audience in the Pledge of Allegiance to the Flag. ROLL CALL. MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA• Mayor Nee, Councilman Fitzpatrick, Councilman'Hamer m k, Councilman Schneider and Councilwoman Kukowski None Councilman Hamerm k stated he wished to add an �tem under "New Business," "Discussion Regarding a Stop Sign on 68th Avenue between Monroe Street and Brookview Drive." MOTION by Councilwoman Kukowski to adopt the agenda with the above addition. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS There was no response from the audience on this item. OLD BUSINESS: ORDINANCE N0. 637 - STREET AND ALLEY VACATION SAV �76-07, BY CITY OF FP.IDLEY, GENERALLY LOCATED ON TALMADGE LANE AND 75iH WAY MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 637 and adopt it on the second reading and publ�sh. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. OR�INANCE N0. 638 - AMENDING CHAPTER 402 OF THE FRIDLEY CITY CODE ENTITLED WATER AN� SEWER A�MINISTRATION; SECTION 402.04 REPAIRS TO CONNECTIONS: MOTION by Councilman Schne�der to waive the second reading of Ordinance No. 638 and adopt it on the second reading and publish. Seconded by Councilman Hamernik. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO 639 - AMENDING CHAPTER 104 OF THE FRIDLEY CITY CODE ENTITLED TRCE DISEASES BY A�DING SECTIONS 1D4.12, 104.13 AND 104.14, AND AMENDING CHAPTER 11, SECTION 11.10 OF THE CITY CODE RELATING TO FEES� P�IOTI�JN by Councilman Hamernik to waive the second readtng of Ordinance No. 639 and adopt �t on the second read�ng and publish. Seconded by Councilwoman Kukowski Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously ORDINANCE NO 640 - AMENDING SECTION 108.11 OF THE FRIDLEY CITY CODE ENTITLED FIRE LANES: MOTION by Councilman Fttzpatrick to waive the second reading of Ordinance No. 640 and adopt it on the second reading and publish. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, f^ayor Nee declared the motion carried unanimously. � L J � REGULAR MEETING OF MARCH 7, 1977 ORDINANCE N0. 641 - PTER 102.02 OF THE FRIDLEY CITY CODE FORMERLY PAGE 2 ERTY Mayor Nee stated theee has been one minor change rn this ordinance since the first reading to indicate that the Poltce Department should make a reasonable effort to contact the property owner before they dispose of the property �' MOTION by Councilwoman Kukowski to waive the second reading of Ordinance No 641 and adopt it on the second reading, as amended, and publish Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � DERATION OF REDUCTION OF P ASSE PLAT 53912 The City Attorney, Mr. Herrick, stated at the last meeting he advised the Council to obtain an opinion from the Attorney Genera1 on whether or not they had the authority to waive the penaltles Ne staied he has found that the Gommissioner of Revenue has the authortty to waive or reduce these penalt�es and an opion from the Attorney General would not be required. Before the Commissioner of Revenue would take action, however, it is necessary for the City Council and County Board to approve the waiver. The City Manager, Mr. Quresht, stated if the Council feels tt appropriate for the City to waive the penalties and interest on these special assessments, a request should then be made to the County Board for a waiver of the tax penalties on this property Ms Karla Larsen, representing GarJac Construction, Inc., stated the developer (GarJac) has both a deed and purchase agreement on the property. In her letter of February 22, 1977, a waiver of the penalt�es and interest was requested on the special assessments and a watver of the tax penalties 6y the County. If these waivers were approved, GarJac Construction, Inc. would then redeem the property. The City Manager reviewed the formulas for distribution of special assessments, taxes and penalty and interest on delinquent property, as opposed to the formula used Por property sold at a tax forfeit sale. Based on these formulas, the C�ty would receive more for this property, if the waivers were granted, than if the property were to be sold at public auction. Ms. Larsen stated the property should have been on the public land auction in 1971 or 1972, however because of an administrative error at the County, it was not auctioned and additional costs have now been added The Ctty Manager stated the Council should determine if they wish ta wa�ve the penalties and interest for the special assessments on *he property before the pu6lic auction and if so, then a recommendation should be made to the Commissioner of Revenue for the waiver. MOTION by Coun�ilman Schneider to instruct the staff to make a recommendation to the Commissioner of Revenue, using the approprtate forms and procedures, for a reduction in half the penalties and interest on special assessments that. accrued after the property would have forfeited, on Plat 53912, Parcel 9E0 and request the County Board to make a simtlar request to the Commissioner of Revenue. Seconded by Councilwoman Kukowski. Councilman Schneider stated the reason for watving the penalties and interest �s because �of the situatton �rihereby the County did not place this parcel on the appropriate land auction sale. UPON A VOICE VOTE taken on the motion, all voting aye, Playor Nee declared the motion carried unanimously. �_ � �. REGULAR MEETING OF PIARCH 7, 1977 NEW BUSINESS PAGE 3 RECEIVING THE P1INUTES OF THE PLANNING COMMISSION MEETING OF FERRUARY 23, 1977: MOTION by Councilman Schneider to receive the minutes of the Planning Cammisston Meeting of February �3, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motton carried unantmously. ABLE WELDING, INC „ L.S. �r77-Oi; 7860 MAIN STREET. Mr. �ick Sobiech, Public Works Director, explained this request from Able Welding, 7860 Main Street, for a lot split to split the south five feet of Lot 7, Block l, Onaway Addit�on and add 1t to Lot 8, Block 1, Onaway Add�t7on. The purpose of this lot split is to provide addrtional parking needed at 7840 Main Street (Creative Gears). Mr Sobiech stated the Planning Commission recommended approval, sub,7ect to the filing of the approprtate easements and agreements regarding ,7oint ingress and egress on the parking factlities. P�OTION 6y Councilman Hamernik to concur with the recommendation of the Planning Commission and approve Lot Split #77-01 with the stipulation that the agreement on the common parki��g arrangement and related easement documents be o6tained. Seconded by Councilwoman Kukowsk�. Upon a roice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. APPEALS COMMISSION MINUTES OF FEBRUARY 15, 1977: The Council received the minutes of the Appeals Commission of February 15, 1977 and considered the follow�ng item BERKELEY PUMP COMPANY, 181 ELY STREET: Mr. Sobiech, Publ�c Works �irector, explained this request from Berkeley Pump Company for a variance to reduce the set6ack requ�rement from 100 to 73 feet for construction of an addition The Appeals Commission recommended approval with the stipulation that correspondence be received from the utility companies regarding encroachment of their easements. Mr. Snead, represeriing Berkeley Pump, appeared before the Council regarding this request for a variance and indicated he had the letters from the utility companies indicating they had no ob,7ections. � � Counc�lman Fitzpatrtck stated he was concerned with the truck traffic and felt by allowing this variance, it would mean expansion of the business and greater traffic. He questioned the purpose of the angled wall instead of a straight wall. Mr. Snead felt to follow the curvature of the road would be more aesthetically pleasing and more pract�cal *.o them. Councilman Fitzpatrick felt a hardship had not been demonstrated and felt the addition could be built so the variance would not be necessary. Councilwoman Kukowsk� stated the plan changes the loading area and felt as much traffic as possible should 6e eliminated because of the park. Mr. Snead estimated there would be, on the average, of three to six trucks a day making pickups and deliver�es at their business MOTION by Councilman Fitzpatrick to deny the variance for Berkeley Pump Company on the bas�s of a lack of a demonstrated hardship. Motion failed for lack of a second. Councilman Hamernik felt the variance would not increase the traffic and by the nature of the zonirig in this area, there would be truck traffic. � REGULAR MEETING OF MARCH 7, 1977 ParE 4 Several mem6ers of the Council did not feel there was a hardship in this case for granting the variance Mr. Snead stated the hardship, as far as their Company, would be the problems of moving if they could not expand. MOTION by Counctlman Fitzpatrick to continue this item to the agenda of March 21, � 1977 for purposes of investigating the possibility of bringtng the traf fi c off Ely Street and Staff to review the plans with Berkeley Pump to determine tf the addition could be constructed so that a variance would not be needed. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unam mously. APPROVAL OF AGREEMENT FDR LEGAL SERVICES BETWEEN CITY OF FRIDLEY AN� SMITH, JUST MOTION by Counc�lman Fitzpatrick to authorize the Mayor and C�ty Manager to enter into thts agreement. Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously APPROVAL OF AGREEMENT FOR LEGAL SERVICES BETWEEN CITY OF FRIDLEY AND WEAVER, TALLE MOTION by Councilwoman Kukowsk7 to authorize the Mayor and City Manager to enter into this agreement. Seconded by Councilman Sch�eider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried una m mously. CLAIMS: MOTION by Councilman Hamernik to authortze payment of Claims No. 295 through 400 Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee �declared the moti�n carried unanimously. LICENSES• The Sunday liquor license for the VFW was removed from the list of license appltcations Mayor Nee stated that the ltquor license for Sandee's requires a public hearing, therefore, action should not be taken on the license at this time. � MOTION by Councilman 5chnetder to approve the licenses as on file �n the License Clerk's office, w�th the exception of the liouor license for Sandee's Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motton carrted unanimously. ESTIMATES� Smith, Juster, Feikema, Chartered Suite 1250 Bu�lders Exchange Build�ng Minneapolis, MN. 55402 For Legal Services Rendered as Prosecutor for February, 1977 Weaver, Talle & Nerrick 316 East Main Street Anoka, P1N. 55303 For Legal Services Rendered as City Attorney for February, 1977 $1,388 75 $1,537 99 MOTION by Councilwoman Kukowski to approve the estimates as submitted Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously REGULAR MEETING OF MARCH 7, 1977 COMMUNICATIONS. PAGE 5 MINNESOTA DEPARTMENT OF TRANSPORTATION SIGNALIZATION AT T.H, 47 AND 69TH AVENUE: MOTION by Councilman Hamernik to receive the above correspondence from the Minnesota Department of Transportation dated Fe6ruary 22, 1977. Seconded by Counc�lwoman Kukowsk�. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. ANOKA COUNTY COUNCIL OF ECONOMIC OPPORTUNITY, INC • EXTEN�ING THANKS TO COUNCIL FOR THEIR RESPONSE TO THE PROPOSAL ON ENERGY CONSERUATION: MOTION by Councilwoman Kukowski to receive the above correspondence from the Anoka County Council of Economic Opportun�ty, Inc. dated February 28, 1477. Seconded by Councilman Hamerm k Upon a voice vote, all voting aye, Playor Nee declared the motton carried unanimously STOP SIGN - OVERTON dRIVE N.E. AND 68TH AVENUE N.E. � Councilman Hamer m k stated a petition was received last fall for a stop sign on 68ih Avenue between Monroe Street and Brookview Drtve. He stated the location of the stop sign was discussed at a public meeting held tn January, 1977, and the location recommended was for a four-way stop at Overton Drive and 68th Avenue. Councilman Hamer m k stated residents ltv�ng at this intersect�on have been contacted with only one person �ndicattng he was not in favor of the stop sign, because he felt it would increase the no�se at this intersection MOTION by Counci7man Hamernik to have a four-way stop sign installed at the intersection of Overton Drive and 68th Avenue after a speed study has been performed by the Engineering Division to determine the effect of stop signs on speed problems. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously � ADJOURNMENT: MOTION by Cou�cilman Schneider to ad�ourn the meeting Seconded by Councilwoman Kukowski. Upon a voice vo�e, all vot�ng aye, P4ayor Nee declared the motion carried unan�mously and the Regular Meeting of the Fridley City Council of March 7, 1977 ad,7ourned at 9 25 p.m. Respectfully submitted, ' , f' � . C° � fu {� t -z'�/%,ca-s � Carole Haddad Secretary to the City CounCil Approved � - c,�� rl r1 L ��� William J. Nee Mayor ��� �