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07/11/1977 - 00014460� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLIEY CITY COUNCIL OF JULY 11, 1977 The Regular Meeting of the Fridley City Council of July 11, 1977 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 ABSENT APPROVAL OF MINUTES: Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Fitzpatrick and Councilman Hamernik None -, PUBLIC HEARING MEETING, JUNE 13, 1977; MOTION by �ounc�lman Schneider to approve the minutes of the Public Hearing Meeting of June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF �UNE 20, 1977: MOTION by Councilman Hamer m k to approve the minutes of the Regular Meeting of June 2�, 1977. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ADOPTION OF AGENDA: Mayor Nee requested several changes in the agenda. The first was to consider Item 7, "Consideration of Providing Financial Support to Teen Center" under "Old Business". He also requested two letters of correspondence be added to the agenda, one from William Scott and the other from the Springbrook Nature Center Foundation; and to add "Consideration of License for Canterbury Pub". MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously, OPEN FORUM, UISITORS Mrs. LeaAnn Sporre of the Environmental Quality Commission invited the Counc�l to attend their meeting on July 19, 1977 at 7�30 P.M. at the City Hall. She stated representatives from the Minnesota Pollution Control Agency will be in attendance at this meeting and will explain noise pollution and how it affects your health. There also will be a discussion regarding sound abatement. Mr Fred Stuve, 6361 Jefferson Street, appeared 6efore the Council to speak on behalf of himself and his neighbors reyarding an application the Council will he receiving from a resident at 6351 Jefferson to permit the raising of rabbits. Mr. Stuve stated there are about 10 to 14 rabbits at the premises at 6351 Jefferson and that it has become a problem. He indicated it was not possible for him to sit �n his backyard because of the odor problems caused by the rabbits. Mayor Nee asked if they have spoken to the resident about this and if he is aware of the ruisance. Mr. Stuve stated he had not spoken with the neighbor and that he probably isn't aware of the problem. Mr. Sobiech, Public Works Director, stated, at this point, they have not seen the application, but wlll make an inspect�on and report back to Council. � ��� <� REGULAR P4EETING OF JULY 11, 1977 Page 2 Mayor Nee questioned if there wou]d be ob,7ect�ons to the pettnit, if sanitary conditions were correct. Mr. Stuve indicated he proba6ly wouldn't ob,7ect to one or two rabbits, but didn't feel there should be any more. Mayor Nee stated he felt they had the right to object, if the rabbits were creating a nuisance. PUBLIC HEARING ING ON REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #77-02, ROBERT REZONE FROM M-1 TO R-1 - 176 ELY STREET NE• MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Pub]�c Hearing, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:47 P.M. Mr. Sobiech stated this is a request to rezone property from M-1 to R-1 at 176 Ely Street. He stated the property to the East, ad,7acent to the railroad tracks, is zoned M-1 and there presently is an industrial operation at this s�te. Mr. Sobiech stated the Planning Commission recommended approval of the rezoning. He advised the majority of the residences in the area are single family. Mr. Sobiech stated one of the items that was not discussed at the Planning Commission meeting was the screening, which the zoning ordinance provides for between R-1 and industrial property He questioned Mr. Flaten 7f he would provide a screen7ng fence. Mr. Flaten stated he would put up the screening fence. Mr. Herrick, City Attorney, felt, if Mr. Flaten wanted a screening fence, he would have to insta7l the fence, since Mr_ Flaten's property was zoned industrial and he is making the request for it to be residential. I� � MOTION by Councilman F�tzpatrick to close the Public Hearing. Seconded by Councilman ' Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 7:55 P.M. OLD BUSINESS: RECEIVING REPORT ON HOLIDAY VILLAGE NORTN IN REGARD TO PROGRESS IN THEIR CLEAN-UP AND MAINTENANCE OPERATIONS FROM MEETING OF 5/16/77 Mr. Sobiech stated, approximately six weeks ago, representatives of the Holiday U�71age North store were invited to the Council meeting to review the operations of their store which were causing problems in the neighborhood, specifically carts being taken from the premises and left in residential areas around the store and the problems of litter. Mr. Sobiech stated, following the Council meeting, members of the staff inet wtth representatives of Holiday V�llage P4r. Sobiech referred the Council to the letters and memos dated July 6 and 7, 1977 regarding this subject in which certain steps were outlined to try and eliminate the problems. He noted, representatives of Holiday have changed the operation in order to try and el�minate the cart and Titter problems. He stated Hol�day would ,7ust as soon not get involved in fencing at this time, if the problem can be resolved They will, however, provTde additional landscaping around their property to help contain the litter. Addit�onal help has been hired ' to mom tor the outside area and Mr. Sobiech stated he felt improvements have 6een made since the Council meettng. Mr. Tauer, 5866 2nd Street, indicated the cart situation has tmproved and noted Holiday has some s�gns posted in the store He stated, as far as the litter, he would have to wait and see if the landscaping will halp. He stated, if he has any ob,7ections in the future, he will again come back to the Council. CONSIDERATION OF PROVIDING FINANCIAL SUPPORT TO TEEN C Councilwoman Kukowski stated, at the last Council meeting, there was a presentation from the kids who attend ihe Teen Center as weli as the Teen Center Director. � \\ REGULAR MEETING OF JULY 11, 1977 Page 3 She noted funds have run out to fina�ce the Teen Center and proposed the Council continue the fun� ng for another eig t weeks. MOTION by Councilwoman Kukowski to t ansfer $SOD from the Recreation Budget to the Teen Center for the purpose of payin the salary of the Teen Center Director. Seconded by Councilman Fitzpatrick. The question was raised whether therE funds to Community Education. Mr. Herrick, City Attorney, felt it � and School Board and could not see ai under a �oint powers agreement. UPON A VOICE VOTE TAKEN ON THE ABOVE motion carried unanimously. NEW BUSINESS: ERATION OF FIRST READING OF AN would be a problem with appropriating these s a program in the authority of the Council y legal problems, but that it could be handled MOTION, all voting aye, Mayor Nee declared the ORDINANCE AMEN�ING CHAPTER 11. SECTION 11 10 Mr Brunsell, City Clerk, stated the City is in the process of reviewing the liquor license fees and a survey made showe the present Fridley liquor license fees are lower for cities of a similar size. Mr. Brunsell stated a step rate syst�m was discussed whereby the s�ze of the building and the fact that the establ�shment id or did not have entertainment would be taken into consideration �n determining th fee charged. Mr. Brunsell then outlined the proposled fee schedules based on floor area and whether or not an establishment provided entertainment. 'Mayor Nee asked for comments from li luor l�cense holders regarding this proposed change in fees. Mr Bill Nicklow of the Shorewood In outlined the increases they have exper�enced �n taxes and �nsurance. He stated, if the liquor license fees are changed, it would raise his fee about $2,000, and didn't see a reason for the increase. Mr Bill Weiss of Sandee's Cafe, wondered why they always pick on liquor, cigarettes or gasoline when they want to raise prices. � Mr. �ohn G. Purmort of the House of Lords submitted a comparison of the license fees paid 6y Jax's Gafe and Nye's, wh�ch are lower than Fridley's He indicated one of the Cities that has a higher fee than Fridley is Anoka, which is $7,500. He stated the Holdiay Inn had recommended this fee structure and that the City of Anoka had a difficult time tryin9 to get someone to take the liquor license at the Greenhaven Country Club. Ile felt the fees now charged in Fridley are in line with other fees for this area. Mayor Nee pointed out the costs for policing the establishments are going up. Mr John G. Purmort indicated he did not feel the liquor establishments needed any more policing than any other butsnesses in the City. Mayor Nee also indicated that Minneapolis has a htgher mill rate than Fridley and ts, therefore, collecting more real estate taxes from their establ�shments. Councilmen Schneider questioned how the menu prices have increased over the last four years Mr.Nicklow stated they average a 10% profit and Mr. �ohn G. Purmort felt their increase was not more than 15%. Mr. bJeiss indtcated the liquor licens� holders are faced with a 2% sales tax increase for the Stadium Bill, effective Augus 1, 1977. Mayor Nee asked if there was any com proposed ordinance, refer��ng to the provided. t regarding the change of principles tn the oor area and whether or not entertainment was �` i J �� F REGULAR MEETING OF JULY 11, 1977 Page 4 Mr. John G. Purmort felt there was some validity for determining the fee based on the floor area. However, in his case, some of the floor area in the establishment will be used for banquets and these facil�ties are not betn9 used year around, and felt this should be taken into cons�deration in determining the fee. Mr Nicklow indicated they are being faced with the increased 2% sales tax and since they do provide entertainment, which could result in another increase under this proposed charge, there would be no question they would have to increase their prices. Mayor Nee asked if the �ncrease in the fee of $2,000 is that great in relation to the total volume. Mr. Nicklow stated there is not question it will have an effect; the volume is there, but no profit. Counc�lman Namerm k indicated he would have to agree with Mr. John G. Purmort's comment that a banquet area in this community would not be used that much to ,7ustify this floor area in calculat�ng the fee rate. He feTt there should be some consideration given in this area when determining the fee. Mr. Brunsell felt perhaps the banquet area could be computed in another way, however, this was not taken �nto consideration in the proposal now presented. Councilman Schneider indicated he shared Councilman Hamernik's views regarding the banquet area. He felt possibly the steps in the proposed fee schedule were too great. Councilman Fitzpatrick noted the increase, basically, is only $500. The additional increases woultl be due to the concept in charging according to the size of the establishment and whether or not entertainment is provided. Councilwoman Kukowski felt there should be an increase, but possibly riot such a large one. Mr. Herrick felt he and the City Clerk, Mr. Brunsell, could work out something in l�ne with the discussion this eve m ng and report back to the Council. MOTION by Councilman Hamernik to table to the next regular meeting on July 25, 1977. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEI�ING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 22, 1977: HOUSING CORPORATION. SPECIAL USE PERMIT S. P. �77-'05, 5201-z CENTRAL Mr. Sobiech, Public Works Director, explained thzs request for a special use permit for an outside display of mobile homes in the area of Skywood Mall. He stated the Planning Commission held a public heartng on June 22, 1977 and recommended denial of this request. Mr. Sobiech stated a petition was presented from residents, East of the Shopping Center, opposing this special use permit. Mr. Henriksen appeared before the Council regarding this application for the special use permit He submitted a drawing showing where the display mobile homes would be located. Mr Henriksen indicated they would work with the City to make an attractive addit�on to the Shopping Center area. Mayor Nee stated he received a phone call from Mayor Fogerty of Blaine who stated that Housing Corporation has operated in their City for a number of years and they have found them cooperative and the company does follow through with their plans, as they say they will. ' r L� � , � REGULAR MEETING �ULY 11, 1977 Mr. Sobiech stated the special � which would be the owner of the Mortenson, was unable to attend of town. Page 5 permit is issued to the property owner wood Mall. He �ndicated the owner, Mr. meeting this evem ng as he was called out Mr. Henriksen stated they do not intend to use the display area for more than 8 or 9 mobile homes, however, wh n movin9 different units in or out, there may 6e times when several other o6ile homes are stored overnight. Councilman Schneider stated Mr. and the comments from the Mayor behalf, However, Mr. Mortensen to provide scree m ng and planti for the special use permit, unl indicating his intentions. enriksen's proposal looks very attractive f Blaine certainly speak in Mr. Henriksen's as not cooperated with the City in the past . He felt, therefore, he could not vote s there was something from Mr Mortensen Mr. Henriksen stated it is diffi�ult to speak for Mr. Mortensen, 6ut understands he has aqreed to certain improve ents. Mr. Sobiech indicated the situat on at the Shopping Center not only involves this particular site covered in he special use permit, but the entire shopping area. He stated Mr. Mo tensen indicated he had a dtfficult time with plantings on the hill to provide screem ng, and presently, the stte is very unkempt Councilman Schneider indicated h� did not feel there had been good faith shown on Mr. Mortensen's part. Mr. Sobiech questioned if the re'sidents might be receptive to the idea of a preformance bond from Mr. Mortensen. Councilman Schneider stated he has not discussed this with them. MOTION by Councilwoman Kukowski to recieve petition #12-1977 in opposition to the special use permit. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. �une Kuether, 5268 Taylor Street, stated she has lived at this address for almost 13 years and not one thing Mr. Mortensen said he would do has been done. She stated he never even attempted to mow the hill. She felt, if the special use permit was granted, it would also generate more traffic. Mr. Sobiech pointed out there is a proposed improvement for 53rd Avenue with construction scheduled to begin at the end of the year. Some o� the residents indicated the problem is crossing Central Avenue a� 52nd, and suggested the City request the State to take another traffic count at 52nd Avenue during the summer months. Another gentleman commented he felt, if the special use permit is granted, this creates a possible situation for vandalism. Mr. Aaron Engebretson, 5216 Taylor Street, submitted a photograph of the property taken in 1970 and stated it looks very much the same today He stated they get promises from Mr. Mortensen he will do this and that and get nothing. Mr. Herrick asked the residents what they were making reference to that Mr Mortensen hadn't done. The residents indicated that Twin City Federal developed their property in an attractive manner and made reference to Mr Mortensen's property in comparison. Mr. Herrick indicated he did not know of any law that requires a property owner to develop his property as Twtn Chty Federal has done. He indicated the City does not have the power to requir a property owner to make, what the residents would think, ts a beauttful, attr ctive piece of praperty. �rr;_S REGULAR MEETING OF JULY I1, 1977 Page 6 He stated, if it can be established that Mr. Mortensen is in violation of any of the building codes, noxious weed ordinance, etc. he can be cited for these v�olations Mayor Nee stated the general unattractiveness of the area, the City has no power over, unless there are violations of the ordinances. Mrs. Kuether felt it was upsetting when one person must mow their lawn and another doesn't have to. ' Mr. Engebretson cited Section 205 105 of the code covering landscaping and felt Mr. Morzensen hasn't lived up to this. Mr. Nerrick stated this section applies to new construction and the shopping center was there a long time before the ordinance was adopted. Mayor Nee stated he believes, as things now stand, the Council would vote to deny the request for a special use permit, however, he �s trying to see if th�s could be incorporated into a general solution of the problem. He questioned, if the City could have the money escrowed se that if the property owner did not make the improvements, the City could proceed to do so, if the residents would be in favor of the request for the special use permit. Mr. Enge6retson stated he did not see a need for add7tional trailer sales as there are plenty in the area. MOTION by Councilman Schne�der to concur with the recommendation of the Planning Commission and deny Special Use Permit #,77-05. Seconded by Councilwoman Kukowski. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanrmously. NORMAN HALL, SPECIAL USE PERMIT S.P. �`77-06, 6390-6392 STARLITE BOULEVAR�.- DUPLEX IN R-1 DISTRICT. AND RECEIVING PETITION #10-1977, IN OPPOSITION TO ' SPECIAL USE °EP,PIIT SP #77-06, AND PETITION '�11-1977 IN FAVOR OF SPECIAL USE PERMIT, SP # 77-D6. MOTION by Councilman Hamernik to receive petition #10-1977. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. MOTION by Councilman Hamerm k to rece�ve petition #11-1977. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. Mr Sobiech stated this is a request for a special use permtt to allow construc- tion of a duplex on a single family lot. The property is zoned R-1 and the Zoning Code permits construction of a duplex in this zoning district with a special use permit. The Planning Commission recommended denial of this request at their June 22, 1977 meeting. Mr Sobiech stated the petit�ons the Council received indicate there were persons both in favor and opposed to this special use permit. He indicated, if the special use permit was approved, it would be necessary for the application to go to the Appeals Commission since the lot would not meet the square footage requirements Mr Hall was not present at the meeting reaarding his request for the special ' usF permit. Counci7man Namernik stated he vis�ted the area and discussed the special use permit with several residents and it appears there is concern a6out allowing anything other than R-1 going in on this property. MOTION by Councilman Hamer m k to concur with the recommendation of the Planning Commission and deny Special Use Permit �77-06. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF JULY 11, 1977 I IT L.S. Mr. Sobiech stated this is a four feet from one parcel and of a driveway for a garage cu Page 7 0 4TH STREET N.E. st for a lot split in order to split off it to another parcel to allow the construction ly under constructzon. He stated, in discussions with the Inspection Department, years ago the property to the South was actually constrlcted in such a way that would allow the lot � spl�t to exist. If the lo� spli is granted, 11 feet would remain and setback requirements would be met. Mr. Sobiech stated the Planning iorranission recommended approval of this lot split. Councilmaa� Hamermk stated his on severe incline to get out of the property owner is not going to al use the garage in the winter. MOTION by Councilman Hamernik to Commission and approve Lot Spl�t Upon a voice vote, all voting aye unanimously. ly concern is that there is going to be quite a garage up to the street level and hopes the 1 this expense and then will not be able to concur with the recommendation of the Planning #77-06. Seconded by Councilman Schne�der. �, Mayor Nee declared the motion carried MOTION by Councilwoman Kukowski tolreceive the minutes of the Planning Commission Meeting of June 22, 1977. Secondecl by Councilman Schneider. Unon a voice vote, all voting aye, Mayor Nee declaredlthe motion carried unammously. I Mr. Herrick, City Attorney, stated however, there was no discussion a 1 drafttn9 the lease, he included �h regarding any default on the part to the Hayes lots. He indicated t include any other defaults on the obligations. E e was requested to draw a lease for 25 years, to contents of the lease. He stated in terms of the existing lease and added Item F the Islands of Peace Foundation in relation Council may wish to expand this secticn to rt of the Foundation regarding their financial Mayor Nee questioned if there was nbt another agreement with the Foundation and upon locating a second lease signed by the City, Mr. Herrick indicated he was not aware of �t and suggested then that Items 4,5 and 6 be added to the lease the Council is now considering Mr. �im Langenfeld, President of th Islands of Peace Foundation, appeared before the Council concerning the proposed lease. He stated on the first page of the lease where reference is made to th description of the island and the words "it is believed", it sounds like they dpn't know for sure where the island is located. Mr. Herrick stated this was the leg'dl description used in the previous lease, and didn't feel this was of ma,7or cbncern. Referring to Item (e) on the secondlpage of the lease, he stated it seems the City can also determine involvement in maintenance. Mr. Herrick felt the way the new lease is written, the C�ty has more flexibility as far as provtdtng maintenance and also less obligation, as it is left to the descretion of the City. � Mayor Nee questioned then if the FoVandation has any obligation for maintenance Mr. Herrick stated he presumed it w�s the thinking that the language regarding matntenance be spelled out more cle�rly. Mr. Langenfeld felt Item (e), as Foundation should be responsible. tten, gives the City control and feels the � �J i J: u ; Y REGULAR MEETING OF JULY 11, 1977 Page 8 Councilma�� Fitzpatrick stated it appears the agreement in the agenda packet is based on an earlier agreement and wondered if the City Attorney could re-write the lease in view of the contents in the March, 1975 agreement. Mr. Langenfeld felt also that Items 4, 5 and 6 should be included and that Item 8 should be added to the lease. Mr Qureshi, City Manager, stated administration would like to have clear lines of responsibility. He felt the agreement the City and Foundation signed in � March, 1975 points in that direction. He also felt, if there was a building or future structure on the Hayes lots, there should be some expression of the responsibil�ties. Mr. Herrick felt, if there was any future construction on the Ffayes 7ots, there could be a supplement added to the lease covering the responsibilities of the parties. He suggested, if the Counc�l wished to follow the 1975 agreement, this lease could be re-written and submitted back to them. MOTION by Councilman Fitzpatrick to refer this matter to the administration and City Attorney to incorporate into the lease some of the provisions of the 1975 agreement Seconded by Councilwoman Kukowski. Mr. Ed Wilmes, 6350 Riverview Terrace, spoke on the importance of the Islands of Peace Foundation and their responsibility for operatton and programming. He stated, as far as the maintenance, they are takin9 steps to take the load off the City, and mentioned the possibil�ty of CETA help. He felt action by the Counctl to ex±end the lease for 25 years is vital now. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTTON, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, referred a letter from American Improvement Corporation ' to the Council which indicated there are outstanding bills owed them by the Islands of Peace Foundat�on for work done in 1972. Mr. Langenfeld stated he has presented this btll several times under the accounts payable. Councilwoman Kukowski stated this matter was discussed at a Conference Meeting last year. It was noted the bill was outstandrng and suggested at that time that perhaps the City could help She felt there may have been a misunder- standing when this work was done with the Foundation, assuming the blacktopping could be put in and paid for with grant money. Mr Qureshi indicated this is not an obligation incurred by the City, but by the Islands of Peace Foundation. CONSIDERATION OF A REAR YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE, TIM CHIES, 7513-7515 ABLE STREET NE: Mr. Sobiech stated this is a request to reduce the rear yard setback from 35 feet to 20.5 feet on property located at 7513-7515 Able Street. He ind�cated the Appeals Commission held a pub7ic hearang and recomroended approval of this request. He stated this was not referred to the Planning Commission as other lots in this area are developing the same way. Mr. Sobiech stated the petitioner would iike to ask if there is a way one variance could be received on the other ten lots he has in thts area. ' Mr. Herrick stated, if the appl�cant wanted to tnclude all the lots under one variance and, if administration felt �t didn't involve any additional work to include all the lots instead of a variance for each one, probably one fee would be ,7usttfied Councilman Hamernik stated, if the variances were the same as this one, it woultl be in keeping with the development in progress now. ' � , REGULAR MEETING OF �ULY 11, 1977 Page 9 MOTION by Councilman Hamernik to concur with the recommendation of the Appeals CDmm, and grant the variance of the rear yard setback. Seconded by_Council- wuman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS• A recess was called hy Mayor Nee a't 10:10 P M. RECONVENE�• Mayor Nee reconvened the meeting at 10:30 P.M. All Council members were present �ISCUSSION REGARDING PROPOSED GUIDELINES FOR SALE OF TAX FORFEITED PROPERTIES. The Council reviewed a memo from t�he City Attorney dated July 8, 1977 regarding Guidelines for �isposition of Tax-Forfeited Properties. Mr. Herrick felt, if the Council wished, the guidelines could be adopted by resolution and provision inade to set up an account for handling monies from these properties. � Mr Herrick also suggested the Hou$ing and Redevelopment Authortty could possibly handle this program. I Mr. MZke 0'Bannon, Anoka Gounty Co missioner, indlcated it was his understand�ng that the City wants the County to ithhold any lots in the flood plain. He felt, if this is the case, the City shou d purchase these lots, and would cooperate in any way he could in this situation Mr. Quresh7 pointed out the City h s lots in the flood plain area which meet the minimum area requ�rements and buil ing permits can be issued, providing certain requ7rements are met. He question d if these requirements could be listed at the public auction sale by the Cou ty. Mr. Herrick felt perhaps whoever i conducttng the acution could indicate what lots are buildable, providing they meet certain reuqirements because of their location in the flood plain. Mr. Alex Barna, 560 Hugo Street, f lt some lots in his area, regardless if they meet the minimum size, would still be constant trouble for the City hecause of their location. Mr. 0'Bannon indicated the County Fjas the authority to combine lots, ad,7acent to each other, even though they are dilfferent ownership. Mr. Herrick suggested if the Council is in agreement on the principles set forth in the memo, perhaps adminis ration could meet with the appropriate County personnel to discuss the me hanics on how this can be done. Mayor Nee stated his concern is that the Cit is clear and will not 6e accused of any favoritism. Mr. Herrick stated if there are si�uat�ons where �t would appear that more than one person could qualtfy to have a building site, then the City could advertise for bids and sell the property to he highest bidder. MOTION by Councilman Fitzpatrick to direct the administration to prepare a � program based on the principles contained in the City Attorney's memo and bring it back to the Council. Seconded b Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick questioned what the Council's position would be on the request they received from Mr. Stahlberg at their June 20, 1977 meeting. At this meeting, Mr. Stahlberg had indicated an interest in buying two tax forfeit lots in River- view Heights, and asked �f the Citylwould purchase these from the County, and sell them to him. �, �E_ � REGULAR PIEETING OF JULY 11, 1977 Page 10 Mr. Quresh�, City Manager, questioned, if the Ctiy purchased the lots from the County, how the sel7ing price would be determ�ned. Counc�lman Fitzpartick felt the purpose of selling the lots to Mr.Stahlberg is to put the lots on the tax rolls and develop them, not to make any money beyond what expenses the City incurred. It was questioned what the County appraised the lots for and Mr. Stahlberg stated it was $600 each. , Mr. 0'Bannon felt the County would probably have another auctton of tax forfeit property either this faT1 or next sQrina. Mr. Stahlberg questioned if the lots go on sale at the public auction and he receives the bid, he couldn't start building unt�l next January. He felt if he obtains the property now, he will start construction and the City will have their taxes that much sooner Councilman F�tzpatrick felt the private property owner was mak�ng the tax for- fe�t lots valuable, since if he did not have an option to purchase the other two ]ots from a pr�vate owner, the tax forfeit lots wou7d be unbuildable. He felt in this situation the City is not giving the lots the value because the City does not have the other lots to make it a buildable site. Mr. Stahlberg stated, without the ad,7oining lots, the tax forfeit lots have no value. Mr. Qureshi suggested the lots go on sale at the public auction by the County, indicating they are unbuildable. Mr. Stahlberg would then have the option to bid on them at the auction Mr. 0'Bannon felt all tax forfeit properties should be purchased in this manner. Mr. Herrick stated the County appraisal of the lots was done on the basis to ' cover any outstanding assessments and not to determine market value. Mr. Stahlberg would not make a commitment on whether he would purchase the lots for their market value, based on an independent appraisal. Mr Herrick felt, if Mr. Stahlberg would not agree to purchase the lots on this basis, he would recommend they be put up for public auction. Mr. Stahlberg would th�n have the opportunity to bid on the lots at that time. He felt the alternative of waiting for the public auction may 6e best for both parties. Mayor Nee felt the C�ty could not sell anythinq to anybody for less than what it is worth. Mr. Stahlberg asked if it would be wrong to take the County's value. Mr Herrick stated he felt tt would be wrong if the City feels ihe County`s appraisal is not market value. Councilman Schneider felt no action should be taken at this time until the admim stration has a chance to work out a policy, and the City should have an appraisal of the property. Councilman Hamernik stated he was concerned about what value the City would use to determine a price for the lots. He felt he would go along with an appraised , market va7ue of the property, but felt it should be within six months in which they are negotiating any purchase. Mr. Qureshi, City Manager, questioned if the appraisal would be done 6y the County. Mr. 0'Bannon stated he would request two private appraisers to determine the market value and the County Assessor would not do the appraisal. " � °�� REGULAR MEETING OF JULY 11, 1977 Page 11 MOTION by Councilwoman Kukowski to� request the �ounty to appraise Lots 25 and 26, Block U, Riverview }le�ghts to establish market 'value. Seconded by Councilman 5chneider. Upon a voice vote, aii voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 67-1977 APPROVING AN ACT RELATING TO THE CITY OF FRI�LEY OCIATI ON � MOTION 6y Councilwoman Kukowski to adopt Resolution No. 67-1977, Seconded by Councilman Schneider. � Mr. Fred Bebenee, Representative of the Police Association, stated ha is relieved this problem has been resolved, but not entirely elated on the outcome. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 6$-1977 AUTHORIZING THE CITY MANAGER TO APPLY FOR ANY AUAILABLE CETA MONIES AND GRANTS: MOTIQN by Councilman Schneider to adopt Resolution No. 68-1977. Seconded by Councilwoman Kukowski. Councilman Hamernik felt the statement was rather broad in authorizing the City Manager to apply for any avatlablelCETA monies and grants He felt the CETA funds could be cut off at any date and with the CETA employees performing a function with the City, the City might be asked to keep them on He felt discretion should be exercised in this area. � Mr. Qureshi, City Manager, stated when CETA employees are hired, it is made very clear to them that the position will be discontinued when fund�ng has ceased. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. CORRESPONDENCE FROM WILLIAM SCOTT REGARDING HTS RESIGNATION FROM THE HUMAN RESOURCES COMMISSION: MO7ION by Councilman Fitzpatrick to accept the letter of resignation from Wtlliam Scott from the Human Resour,ces Commission. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 69-1977 CONFIRMING APPOINTMENTS TO THE CITY OF FRIDLEY COMMISSIONS FOR THE YEAR 1977: MOTION by Councilman Fitzpartick to, adopt Resolution No 69-1977. Seconded by Councilman Schneider. Councilman Fitzpatrick pointed out�that every Commission re-elected its former Chairman. ,UPON A VOICE UOTE TAKEN ON THE ABOVIE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BI�S AND AWARDING CONTRACIT-- UNIFORM AND LAUNDRY SERVICE BID. MOTIDN by Councilman Hamernik to ac�cept the bids as listed on page 12A of the agenda, arid award the bid to Gross Industri 1 Towel and Garment Services in the amount of $7,401.16. Seconded by Councilwoma Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri d unanimously. ���� REGULAR MEETING OF JULY 11, 1977 Page 12 CONSIDERATION OF A REQUEST BY SCHOOL DISTRICT #14 FOR A WAIVER OF CONSTRUCTION PERMIT FEES MOTION by Councilman Hamerm k to approve the request of School District #14 for a waiver of construction permit fees. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried un- animously. CONSIDERATION OF A REQUEST FOR TEMPORARY HOUSE TRAILER PERMIT, LOCAL 683 UAW STRIKE HEADQUARTERS FOR FMC MOTION by Councilman Schneider to approve the request for a temporary house trailer permit as requested by Local 683, UAW. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSE - CANTERBl1RY PUB: Mr. Norman Pcmerleau, 6161 Ra�nbow Drive, appeared before the Council regarding his request for a license for operatton of the Canterbury Pub, and briefly explained his plans for the establishment. MOTION by Councilman Hamerm k to approve the license for the Canterbury Pub. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. CLAIMS MOTION by Councilman Schne�der to authorize payment of Claims No 187783. Seconded by Councilwoman Kukowski. Upon a voice vote, Mayor Nee declared the motion carried unanimously. ESTIMATES: . 159H04 throu9h all voting aye, Motton by Councilwoman Kukowski to approve the estimates as submitted: PJ �.H., Inc., Anoka, MN. Partial Estimate �1, St. 1977-1 for $123,F57.�6 and Partiai Estimate #2, St. 1977-2, for $44,477 21 Seconded by Counc�lr�an Hainernik. Upon a voice vote, all votina aye, Maynr fJee declared the motion carried unanimousl,y. COMMUNICATIONS: GEORGE M. HANSEN COMPANY. AUDIT: MOTION by Councilwoman Kukowski to receive the communication from the George M. Hansen Company. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. LEAGUE OF IdOMEN VOTERS: NORTHTOWN CORRI�OR CONSENSUS: MOTION by Councilman Schneider to receiver the correspondence from the League of Women Voters regarding their consensus of the Northtown Corridor. Seconded by Councilwoman Kukowski. Mayor Nee questioned the status of the Northtown Corridor and the possibility of ineet�ng with representatives Mr. Qureshi stated the City's position has been made known to those �nvolved with the Northtown Corridor. Mr. Sobiech stated the staff will check the present status and find out when public hearings will be held, with a report back to Council. UPON A UOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. CORRESPONDENCE FROF4 THE SPRINGBROOK NATURE CENTER FOUNDATION RE: APPLICATION FO MOTION by Councilwoman Kukowski to receive the correspondence from the Springbrook Nature Foundation dated July 2,1977. Seconded by Councilman Schneider. Councilman Hamernik indicated, for the record, he didn't agree w�th the statement in the letter regarding the Fridley City Counci] approving the plan. , , , � � � REGULAR MEETING OF JULY 11, 1977 UPON A VOICE VOTE TAKEN ON THE the motton carried unan�moulsy. Paae 13 MOTION, all voting aye, Mayor Nee declared Mayor Nee questioned what action t�e Council wished to take regarding their request for the City to make application o their behalf for planning funds MOTION by Councilman Fitzpatrick t� instruct administration to proceed to make application, as requested by the S ringbrook Nature Center Foundation Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, Councilman Fitz artick, Councilwoman Kukowsk�, Mayor Nee and Counctlman Schneider voted tn avor of the motion. Counci7man Hamernik voted against the motion. Mayor Nle declared the motion carried by a 4 to 1 vote. ADJOURNMENT: MOTION by Councilwoman Kukowski to ad�ourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all oting aye, Mayor Nee declared the motion carried unanimously and the Regula Meeting of the Fridley City Council of July 11, 1977 ad�ourned at 12:17 A.M. Respectfully submitted, ��'Lt-a-�� ��c=Et�C��% Carole Haddad 5ecretary to the City Council Approved ' � ,S William J. Nee Mayor