Loading...
04/02/1979 - 00013870i '1 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 2, 1979 The Reyular hteettng of the Fridley City C�u�cil ��as ca�led to order at 7 n2 p.m by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Counc�l and audience in �he Pledge of Pllegtance to the Flaa ROLL CALL: � MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINU7E5. Councilman Barnette, Councilman Schneider, Mayor Nee, Councilwoinan Moses and Co�mcilman Fitzpatrick None REGULAR MEEIING �F h1ARCH 5, 197a: MO7ION by Counctlman Qarnette to approve the minutes a� presented. Seccnd�d by Councilwoman Moses. Upon a voice vote, all votirig aye, Mayor �'ee declared the motion carried unanimously. REGULAk MEETING OF h1ARLN 19, 1979. MOTION by Councilman Schneider to approve the minutes as present�cl S2conded �y Councilwoman Moses. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried una m mously. ADOPTI�N OF ACENDA. Councilman Schneider requested that Item 13, regarding the restgnation of Connie Metcalf from the Environm2ntal Quality Commission, be deleted, and to su�stitute , the following item: "Consideration of Cxpansion of the Environmental Quality Commission to S�x Members to April l, 7980" MOTION by Councilman Fitzpatrick to adopt the agenda, �rfith the atove amendment. Seconded �y Councilman 5chnetder. Upon a votce vote, all vot�ng aye, M�yor fdee declared the motion carried unam mously. OPEN FORUM, VISITORS There was no response from the audience under this item of business. OLD BUSINESS. I6ERATION OF APPOINTMENTS TO CITY COMMISSIONS (TA6LE� '/19/79 HUMAN RESOURCES COMMISSION: MiQTION by Councilman Fitzpatrick to nominate Wayne Saunders for the term end�ng April l, 1981. Seconded by Councilman Schneider. There being no further nominations, the folloviinc actton was taker, MOTION by Councilman Schneider to cast a white ballot for LJayne Saur�ders for appointment to the Human Resources Comm�ssion. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � MOTION by Councilwoman Moses to nominate Mary Martin for the term ending April l, 1980. Seconded by Counc�lman Schneider. Ms. Martin was present at the meetiny and introduced herself to tf�e Courcil and indicated she would be happy to serve on the Human Resources Cemm�ss�on. MOTION by Councilman Schneider to cast a white ballot for Mary Martin for appoint- ment to the Human Resources Commisslon. Seconded by Counc�lmen Farnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. REGULAR MEETING OF APRIL 2 FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY: PAGE 2 Mayor Nee stated he would nom�nate Larry Commers for appointment to the Housing and Redevelopment Authority for the term ending June 9, 1984 and requested concurrence by the Counc�l. P�OTION 6y Councilman Schneider to concur w�th the appointment of Larry Commers to the Frtdley Hous�ng and Redevelopment Authority. Seconded 6y Councilman Fitzpatrick Upon a voice vote, all vot�ng aye, Mayor Nee declared the motton carried unanimously. POLICE COMMISSION: MOTION by Councilman Schne�der to nominate Ed Hamernik for appointment to the Police Commission. Seconded by Councilman Barnette. MOTION by Counc�lwoman Moses to nominate Ed Thayer for appointment to the Poltce Coinmission. Seconded 6y Counctlman Fitzpatrick. Mr. Thayer appeared before the Council and stated his tnterest in serving on the Police Commiss�on. He stated he has lived in Fridley for 22 years and has had his tnsurance business �n the City. Mr. Thayer felt he might have something to offer the Commission, since he has dealt with all types of people in h�s business. Mayor Nee stated, on behalf of Ed Hamernik, he wished to state that Mr. Hamernik has spent a number of years as the Counctl's representative to the Anoka County Law Enforcement Council. UPQN A VOICE TAKEN DN TNE NOMINEES, Councilman Barnette, Councilman Schneider and f4ayor Nee voted for Ed Hamerm k. Councilwoman Moses and Councilman Fitzpatrick voted for Ed Thayer. Mayor Nee declared Ed Hamernik appotnted to the Police Commission 6y a 3 to 2 vote to the term expiring Apr�l l, 1982. NEW BUSINESS. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF MARCH 6, 1979: MOTION by Counc�lman Fitzpatrick to receive the minutes of the Charter Commission Meeting of March 6, 1979 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. RECEIVING THE MINUTES OF THE CATV P4EETING OF MARCH 7, 1979• MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of March 7, 1979. Seconded by Councilwoman Moses. Councilman Schneider stated he was disturbed when he discovered there was no cable wiring in the high r�se for the elderly. He questioned tf this wasn't in violation of the franchise. Mayor Nee stated he felt it was the option of the builder, however, requested that staff check on this. Councilman Barnette stated he had the opportun�ty to meet John Eddy, who will 6e in charge of the Cable Television Office, and heard him speak on public access. He felt Mr Eddy had some good ideas and thoughts on how to utilize the public access channel. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTIOfd, all voted aye, and Mayor Nee �eclared the motion carried unanimously RECEIVING THE MINUTES OF THE PLANNING COMh4ISSI0N MEETING OF MARCH 7, 1979 MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of March 7, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 21, 1979. STREET P.S. #79- ' � L�I REGULAR MEETING OF APRIL 2, 1979 PAGE � MOTION 6y Councilman Schne�der io set the public hearrng on th�s �tem for May 14, 1979 Seconded by Councilman Barnette Upon a voice votz, a71 voting aye, Mayor Nee declared the motion carried unanimously. 2. IRVIN KORST, SP �79-02, 6841 71H STREET• Mr. Sobiech> Publtc Works Director, stated this �s a request for a special use permit to allow an accessory building in an existing residential area. He stated the Planning Commission made a motion to recommend approval of the special use permit with the stipulations that no drive��ay will be permitted now or in the future; that the building size would be 20 x 20 feet, and that ' landscaping with shrubs be done 6ehind the 6u�ld�ng to eltm�nate visual pollution. However, when a vote was taken on the motion, it was a 3-3 tie and so this item was passed along to the Counctl with no recommendation. Mr. Sobiech stated the Planning Commission Chairman had indicated this item would be before Council on April 9, however, the persons ob�ecting to this special use permit were at the City Hall this evening for another rneeting and are available for any further comment. Mrs. Korst explained they are requesting the special use permit in ordei° to permit an accessory buildtng to house the�r antique automobiles. She stated, as far as an easement, the property owners to the North have agreed tha± they could obtain the easement for driveway purposes Councilwoman Moses potnted out that when this �tem was befare the Planning Commission, the applicant hadn't talked with h�s neighbor a�out the easemen* and have since obtained permission for the easement Mrs Korst stated they do not tntend to put in a dr�veway, however, in the event they should sell their property, they would have the easement for the driveway. Councilman Schneider asked if there was reason to prohibit the driveway, if an easement �s obtained. , Mr. So6iech stated, if the driveway were prohibited, this would tnsure that the accessory building would only be used for storage and not a general garage Mr. Herr�ck, City Attorney, felt, if there are restrictions on the property that areri't apparent to a prospect�ve buyer, an aff�davit should be filed. Counc�lwoman Moses stated she talked with Dick Harris, Chairman of the Plannin� Commission, regarding h�s feelings on th�s item, s�nce the property owners could obtain an easement from their neighbor. She stated that the Planning Commission had three concerns, the driveway because of no easement, the size of the butlding, and the landscaptng. She felt h1r. Harris would �e in favor of the special use permit, if these three condttions were satisfactorily resolved. Nir. David Cook, 6840 Washington Street, stated his only concern �s that some type of landscaping be put in to soften the blow. He felt, as long as there is adequate landscaping, he would have no problem w�th the structure. He explained that he felt "adequate" was not a twc foot high bush, but someth�ng more substant�al to screen the structure. Mr Darwu� Klockers, 6830 Washington Street, scated he �•�ould like assurances that the landscaptng would 6e maintained to effectively screen the accessor�� butldinq from their properttes. , Counctlwoman Moses feli, since the Korst's could o6tain the easement for a driveway, this should be permitted in the future. Mr. I<lockers felt, as far as the use of the easement for drivevfay purposes, he would prefer that a restriction be im�osed whicn ivould not permit this use He felt this would lessen the danger of eroding the scheme of the ne�ghborhood. Mr. Klockers �ndicated he would like the special use permit to be as limited as possible as the Korst's have indicated they would not need the �riveway. Ne felt, by permitting the driveway, the structure would have a totally different use as a garage structure for a residence. REGULAR MEETING OF APRIL 2, 1979 PAGE 4 Councilman Barnette stated he talked wtth Mr. Korst regard�ng this matter and he didn't see the need for a driveway Counc�lman F�tzpatrick questioned the need to acquire an easement, if they were not going to allow a driveway. Mrs. Korst ind�cated they didn't need the easement for their purposes, but were only trying to sat�sfy the Commission and Council, if this is what they requi red Mr. So6iech stated, if thts building w�ll not be a typical garage and used only for storage, the easement wouldn't be necessary. He pointed out that , second accessory 6u�ldings sometimes tend to become actual garages and then it would be necessary to have the easement for driveway purposes. Counc�lwoman Moses stated her concern was for the prospective future buyer of the property Who would be buying a house with a two car garage and not be able to use the building in the back yard. Mr. Herrick stated, tf the special use permit is approved with the stipulation that no driveway would be perm�tted, it would be necessary for the owners to come back to the Council to request modification of the spec�al use perm�t, if they wished to construct a driveway. MOTION by Councilwoman Moses to grant SP #79-02 with the stipulation that proper landscaping be installed and maintained; that the size of the second accessory buildtng be 20 x 20 feet, that no driveway will be constructed without modifica- tion of this special use permit, and that an affidavit be filed with Anoka County to indicate that no dr�veway would be permitted. Seconded by Counc�lman Barnette Upon a volce vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 3. APPEALS COMMISSION MEETING OF MARCH 13, 1979 A RONALD SKOTAK, 534 FAIRMONT STREET N E.: Mr. Sobiech, Public Works Director, stated this is a request for a variance to � reduce the minimum lot area from 7,500 square feet to 6,750 square feet and to reduce the side yard setback on the l�ving side of the house from 10 feet to 7.48 feet to allow construction of a new dwelling and garage at 534 Fairmont Street. Mr. Sobiech stated the Appeals Commission heard this matter and since there was an ob�ection from a neighbortng property owner, it is now before the Council for cons�deration. Mr. Sobiech pointed out there have been variances of this nature granted �n the area. MOTION by Councilman Fitzpatrick to concur w�th the recommendatton of the Appeals Comm�ss�on and grant the vartances to Ronald Skotak, 534 Fairmont Street N.E. because the two plats ,7o�ning here cause an odd-shaped lot and in order to util�ze the lot properly, the variance is needed. Seconded by Councilman Schneider. Upon a voice vote, all voting aya, Mayor Nee declared the motion carried unanimously MOTION by Counctlman Barnette to receive the minutes of the Plamm �g Comm�ssion Meeting of March 21, 1979. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unantmously. CONSIDERATION OF REAPPROVAL OF MUNN'S HILLCREST ADDITION (P.S. �78-05): , I�ir Sobiech, Publ�c Works D�rector, stated reapproval is requested in order to meet the ttme 7iim ts for filing the plat He further stated a new developer is involved who w�ll proceed with installation of a pipe from the proposed pond�ng area �nto Locke Lake, util�zing the railroad right-of-way. MOTION by Counc�lman Fitzpatrick to reapprove P.S. ,�`r78-05 for Munn's Nillcrest Add�tion. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF APRIL 2 CONSIDERATION OF POLICY FOR USE OF CITY BUS PAGF 5 - � � ' � Mr. Ed W�lmes appeared before the Council regarding his letter of March 27, 1979 regarding the use of the bus which was acquired from Anoka County. i�r. W�lmes stated he has received phone calls regarding the poss,ble use of tFn s bus, and wished to know the Council's policy in this matter. Dr. Boudreau, Director of Parks and Recreation, stated the bus is being used in the City's recreational programs. He stated the primary use i: by the sen�or citizens in the congregate dining program. � Dr. Boudreau stated, as far as a written policy for use of the bus, he has checked with other cities and the few that do have a bus available, do not have any written policies regarding the use. Dr. Boudreau stated he has proposed, in a memo, a policy statement regardtng priorities for use of the bus. He felt the City's programming should have top priority for the use of the bus and then non-profit orga m zat�ons, wlthin the City, might be the next priority w�th a fee tmposed of $15/hour to help off-set the cost of operation. Dr. Boudreau felt private, prof�t-maktng organtzations should not be allowed the use of the bus. Mr. Qureshi stated there will be a number of activities and programs soonsored by the City, wh�ch the bus will be used for, and these shouid have top priority. He felt co-sponsored programs or activities would have second priority and non-profit organizations in the City would have third priority Mr. Herrtck, Ctty Attorney, felt if a fee is being charged for transportation, this �tem shou1d be checked with the C�ty's insurance carrier to make sure ±here ts insurance coverage. Mr. Qureshi stated, with City sponsored programs and co-sponsored programs> a nominal fee would probably be charged and if non-proftt organizations want to use the 6us and are not involved in any program with the City, the bus could be rented to them. MOTION by Councilman Fitzpatrick to adopt the proposal for use of the City bus � since the �olicy before the Council is sufficient to develop an admi m strative plan. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously_ SOLUTION N0. 45-1979 SEITING UP TEIE 1978 BU�GET FOR SPECIP�L REVENUE FUPJDS: Mr. Brunsell, City Clerk, stated the IVational Organization of the Mum cipal Ftnance Offi cer� Association has certain standards wYiich indicate there should be budgets for special revenue funds. In order that the Cit_y niay turn in a report for cenformance to these standards, i� is requested the Counczi consider adoption nf th�s resolution. MOTION by Councilwoman Moses to adopt Resolution No. 45-1979. Seconded by Councilman Schneider. Upon a vo�ce vote, all votrng aye, Mayor Nee declared the motion carried unanimously. Mr. Brunsell also pointed out another standard of the Municipal Finance Off�cers Association is that the water and sewer lines be depreciat?d. He stated this had not been done in the past, however, if the City wants to conform to th�s standard, the change w�ll have to 6e made. Mayor Nee felt th�s item should be given more thought and discussed at a conference meeting. RESOLUTION N0. 46-1979 REQUESTING THE LEGISLATURE OF "fHE STATE OF MINNESOTA � TO AUTHORIZE BY SPECIAL BILL THE ISSUANCE OF REVENUE BONDS FOR THE PURPDSE OF A HOUSING FINANCE PROGRAM: Mr. Brunsell, City Clerk, stated the Counctl has taken action, 6y motion, requesting this action of the Legtslature, however, Representative S�moneau preferred the Council take action, by resolution, in support of the special bill, as the resolut�on spells out the reasons the Council is requesting the special legtslation. P10TIOPJ by Councilman Barnette to adopt Resolutton No 46-1979 Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING DF APRIL 2, 1979 RESOLUTION NO 47- i RIZING CERTAIN VACANT PAGE 6 IN THE FLOOD Mr. Qureshi, City Manager, stated this resolution would have the affect of putting prospect�ve buyers of vacant lots, lying within the flood plain in the Riverview Heights area, on notice that such lots lie within the flood plain. MOTION by Counctlwoman hioses to adopt Resolutzon 47-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF EXECUTION nvn nn�irr lnir ES WITH MOTION by Councilman Fitzpatr�ck to authorize the execution of the contract for consulting services with Comstock and Davis, Inc. and authorize the Mayor and City Manager to sign same. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, h1ayor Nee declared the motion carried una m mously. ALL OF THE NEXT SIX RESOLUTIONS ARE FOR A BURLINGTON NORTHERN DEIIELOPMENT IN GREAT NORTHERN INDUSTRIAL PARK BY PERLMAPd-ROCQUE, AND WERE ADOPTED BY ONE MOTION RESOLUTION N0. 48-1979 ORDERING PRELIMINARY PLANS, SPECIFICA RESOLUTION N0. 49-1979 RECEIVING THE PRELIMINARV REPORT AND RECEI�ING PETITION TO WAIVE A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPRO�E- MENTS STREET Ih1PROVEMENT PROJECT 1979-1, ADDENDUM �i2: RESOLUTION NO 50-1979 ORDERING IMPROVEMENT AND FIP�AL PLANS AND SPECIFICATIONS AND ESTINIATES OF THE COSTS THEREOF STREET IMPROVEMENT PROJECT ST. 1979-1, ADDENDUM ,�`r2. RESOLUTION PdO. 51-1979 ORDERING PRELIP1INARY PLANS. SPECIFICATIONS AND ESTIP4ATES 52-1979 RECEIVING THE PRELIP4INARY REPORT AND RECEIVING P RESOLUTION N0. 53-1979 ORDERING IP4PROVEMENT AND FINAL PLANS AND AND ESTIMATES OF THE COSTS THEREOF: SANITARY SEWER. WATER AND S' MOTION by Councilman F�tzpatr�ck to adopt Resolution No. 48-1979 through Resolution No. 53-1979. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AND AWARDING CONTRACT FOR MUNICIPAL GARAGE EXP Mr. So6�ech, Public Works Director, stated bids were received for construction of the municipal garaye expansion and the low bid was from E�S Construction Company of St. Paul, P1tnnesota. He pointed out that the low bid was still in excess of the original estimate. Mr. Sobiech stated he felt the difference between the estimate and the actual bids received was because of the building codes relating to energy and handicap requirements together with the unbelievable inflation factor and the small size of the pro,7ect. Mr. Sobtech stated he felt the need is still there for additional operational space and restroom factlities. He stated, if the Council wishes to proceed, a suggested method of funding the pro,7ect would 6e to use the encumbered funds from the 1978 budget in the amount of $19,821 plus fundin9 from the Ut�lity Fund in the amount of $16,075 and borrowing $42,904 from the Utility Fund. He rev�ewed the suggested schedule to repay the Uttlity Fund, if the money is 6orrowed. ' , � REGULAR MEETING OF APRIL 2. 1 PAGE 7 M�TI�N by Gouncilman F�tzpatrick to receive the b�ds and award the contract to the low bidder, EDS Construction in the amount of $78,800. General Contractor Perry A. Swenson Co. 329 Endicott Bldg. St. Paul 55101 Norman T. Berglund Box 475 �Excels�or 55331 _ EDS Construction Co. 360 U1 Larpenteur St. Paul 55113 Henning Nelson 3735 No. Highway 52 Minneapol�s 55426 �2) Base B�d � Days 6ond Add'a No Bid $79,800.00 150 $78,800.00 120 �95,487.00 150 X X X X X X Seconded by Counctlman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman F�tzpatrick to concur w�th the proposed finance plan, as submitted by staff. Seconded by Councilman Barnette. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unan�mously CONSIDERATION OF EXPANSION OF THE ENVTRONMENTAL QUALITY COP1MISSION TO SIX MEMBERS TO APRIL 1. 1980• MOTION by Counctlman Schneider to expand the Env�ronmental Quality Commisston to stx mem�ers for the period end7ng Aprtl 1, 1980. Seconded 6y Councilman Barnetie. Upon a voice vote, all vo�ing aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Schneider to appoint Marvin Hora to the Environmental Quality Commission to the term expiring April l, 1980 Seconded by Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carrted unanimously. LICETJSES P40TION 6y Councilman Fitzpatrick to approve the license as su6mitted and as on ftle in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously CLAIMS. MOTION by Councilman Schneider to authorize payments of Claims fJo. 073F01 through 086938. Seconded by Councilman Barnette. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT MOTION by Councilman F�tzpatrick to ad,7ourn the meeting Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the P.egular Meeting of the Fridley City Council of Apr�l 2, 1979 ad,7ourned at 9:42 p m. Respectfully submitted, � �'���� ���� Carole Haddad Secretary to the City Council Appraved: 4/23/79 �l����� V William J. Ne Mayor -��_