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10/22/1979 - 00013691' � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 22, 1979 The Regular Meeting of the Fridley City Council was called to order at 7 40 p.m. by Mayor Nee. PLE�GE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPROVAL DF MINUTES• Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schne�der and Councilman Barnette None REGULAR MEETING, OCTOBER 1, 1979: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee de- clared the motion carried una m mously ADOPTION OF AGENDA: MOTION by Councilwoman Moses to adopt the agenda as submitted. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of bus�ness. OLD BUSINESS: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT, SP #79-11 TO ALLOW INSTALLATION OF SELF-SERVICE GAS PUMPS IN CON�UNCTION WITH NEW CONVENIE ., �, ROAD TABLED 10/1/79 BY REQUEST OF PETITIONER � Mayor Nee stated the Council has a letter from the petitioner requesting this ttem be tabled until further notice. MOTI�N 6y Gouncllman Fitzpatrick to ta6le this �tem untll further notice from the petitioner. Seconded 6y Counctlman Schne�der. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unam mously ORDINANCE N0. 703 TO AMEND THE CITY CO�E OF THE CITY OF FRI � MOTIDN by Councilman Schneider to waive the second reading of Ordinance No. 703 and adopt �t on the second reading and publish. Seconded by Council- man Barnette. Upon a voice vote, all voting aye, Playcr Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATIDN DF FIRST READING OF AN ORDINANCE ON VACATION REQUEST, SAV Mr. Qureshi, City Manager, stated, at present, there is an easement whtch divides the parcels of property. He suggested first reading be given on this ordinance and to hold the second reading, in abeyance, until the total development plan is received for this property. MOTION by Councilman Fitzpatrick to watve the reading and approve the ordi- nance upon fir-st reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. ,r REGULAR MEETING OF OCTOBER 22, 1979 CONSIDERATION OF FIRST READING OF AN PAGE 2 E AMENDING CHAPTER 11, S Mr. Brunsell, City Clerk, stated this ordinance would reduce the license fee for s�ngle rental um ts from $20 to $10 per year. He stated, at the present t�me, single rental units pay a higher per um t lacense fee. He stated he felt the present fee could be �ustified on a cost basis, but it puts stngle units ata disadvantage when compared with other um ts. Counc�lman Schneider questioned if the fee was reduced, how it would be handled for persons who have paid for this year. Mr Brunsell stated the $10 could be refunded, if the Council desired and if it meets the approval of the City Attorney. Mr. Herr�ck, City Attorney, suggested the persons who paid the $20 fee could be notif�ed and adv�sed they would be paid for two years, insiead of the one year, and therefore, there wouldn't be a fee charged next year. Mayor Nee felt they should be advised also that the action was taken in response to the�r protest MOTION by Councilman Schneider to waive the readin9 and approve the ordinance upon first read�ng. Seconded by Councilman Fitzpatrick. Councilwoman Moses asked if the fee was set up on the basis of what it costs the City to admim ster this program Mr. Brunsell stated the number of units they are talking about, in relation to all rent�l units in the City, he didn't feel was significant enough to make that much difference. Councilwoman Moses asked if the fee for rental units included single fam�ly homes. Mr. Brunsell stated the ordinance refers to rental units so, technically, a single family home that is rented would come under this ord�nance. Councilwoman Mvses stated she didn't realize the City was collectrng so many fees until she saw the list. Councilman Fitzpatrick stated many of the objections are comin9 from people who are renting out both sides of a duplex. Councilman Schneider stated the primary objection he heard was from those who are renting one un�t and living in the other, as they felt they have more control over the property when they are living on the prem�ses. Mr. Herrick stated, in the case where the owner is living in one unit and renting the other, there is only one um t to inspect so it would �ust�fy a somewhat lower fee. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried una m mously. Mr. Brunsell stated, when the ordinance is adopted, he would prefer to re- fund the extra $10 in order to keep the records straight, rather than credit this amount toward next year's fee Mayor Nee felt Counctl action on how this should he handled would be appro- pr�ate at the time of the second read�ng of the ordinance. RECEIVING THE PLANNING COMh1ISSI0N MINUTES OF SEPTEMBER 26, 1979: NSIDERATION OF LOT SPLIT DITION ALREADY SPLIT BY �AN CLEAVE'S TY Councilman Schneider stated there was reference in the Planning Comm�ssion minutes that thts land isn't owned by anyone. � , 1 LJ � I� REGULAR MEETING OF OCTOBER 22, 1979 PAGE 3 Mr. Brunsell, City Clerk, stated tt is part of the Van Cleave estate whtch is going tax forfeit. MOTION by Councilman Schneider to concur with the recommendation of the Plamm �g Commission and approve LS #79-05. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. 2. CONSIDERATION OF LOT SPLIT REQUEST, LS #79-06, TO MAKE TWO R-1 Mr. Qureshi, City Manager, stated lots platted in this parttcular addition were particularly large and the property owner wishes to split his lot into two lots to make two R-1 building sites for the construction of two single family homes Mr Qureshi stated, if the lot is split, it creates two su6standard lots and a variance is required as the lots would not meet the 9,000 square feet requ�rement for a resident�al lot. Mr_ Qureshi stated the Appeals Comm�ssion has considered this variance request and has recommended approval, and the Planning Commission recommended approval of the lot split Mr. Qureshi stated the property owner's original proposal was to construct a double bungalow �n the R-1 zoning, which was opposed by the neighborhood. Mr. Qureshi dtd point out, if the lot spltt is approved, it would be the fi rst time in the Melody Manor general area where a lot has been split to a smaller s�ze. He pointed out the lots in the area are large and other persons could passibly request lat spltts, in order to develop lots tn the back of their property. Mr. Qureshi stated what he wanted to potnt out �s they may be setting a precedent, by granting a lot split for this area, and there may be other such requests, and a consideration is where the limit would be set on the square footage of the lot. He felt, therefore, this item should 6e re- viewed thoroughly on whether this trend should be allowed. Mr. Holsten, owner of the property, stated the lot has features which make it an expensive lot to develop. He explained the lot is low and has several feet of peat and there will be considerable expense in gett�ng the lot ready for construction. He felt an expensive home on the lot wouldn't match the area. Counc�lman Barnette stated he knows th�s is a substandard lot and someone once 6ought it on speculation and had to let �t go tax forfe�t because of the cost involved to make it developable. Councilwoman Moses stated she felt Mr Holsten would have a great deal of expense involved in making the lot developable because of the peat and the necessary fill and if only one dwelling was constructed, it would make the cost of the home very expensive. She questtoned the cost for the home, if only one dwelling unit was constructed on the lot. Mr. Holsten stated he didn't think it would be feasible to develop it for one dwelling, as he wouldn't be able to get out h�s investment from the property. Ne stated the homes he is proposing for the lot would sell be- tween $55,000 to $60,000. Councilwoman Moses stated she was concerned s�nce Mr. Holsten hadn't talked with the neigh6ors about his plans. Mr. Holsten stated the netghbor�ng property owners were not�fied of the public hearing and pointed out that the property owner to the South is in the process of selling his home. He stat�d he would meet all the set6ack requirements. Mr Herrick, City Attorney, indicated that the next agenda item before the Council is consideration of the var�ances for this property and assumes notices were sent to the surrounding property owners and they apparently didn't appeal before the Appeals Comm�ssion. � REGULAR hiEETING OF OCTOBER 22, 1979 PAGE 4 Councilman Fitzpatrick stated he was supporttve of any effort to provide mod- erate or low cost housing, but failed to see the hardship in this case. Mr. Holsten felt they do have to remove quite a bit of peat and add fill in order to develop the lot He also added they would probably need extra courses of block for the foundations. Counc�lwoman Moses felt Fridley needs more low and moderate income housing and land to develop such housing, and felt possibly this lot might never be developed for a single fam�ly home because of the costs to make tt a buildable site. She felt the lot was unique in this respect and also that this ls an established area � of smaller homes which would probably not be conducive to an expensive home on one lot and, therefore, moved the followtng• MOTION by Councilwoman Moses to concur with the recommendation of the Planning Commiss�on and grant Lot Sp]it Request, LS �79-06, as requested by Exemplar, Inc. Seconded by Councilman Barnette. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commis- sion Meeting of September 26, 1979. Seconded by Councilwoman Moses. llpon a vo�ce vote, all vottng aye, Mayor Nee declared the motion carried unanimously. Counctlman Schneider questioned the status regarding an Energy Commission Mr. Qureshi, City Manager, stated poss�bly the scope of an existing Commission could be broadened to cover the energy question. Mayor Nee suggested the report regard�ng the �nergy Policy be d7scussed at a Council Conference Meeting. RECEIVING THE APPEALS COMMISSION MINUTES OF OCTOBER 9. 1979: CONSIDERATION OF vARIANCE REQUEST TO MAKE TWO BUILDING SITES, BY rvrnnni nn rnir nnin `ir�n nn� r c-rnrr�r ni r. MOTION by Councilwoman Moses to concur with the recommendation of the Appeals , Commission and grant the variances to reduce the square footage requirement for lot size from the required 9,000 square feet to approximately 7,520 square feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed una m mously MOTION by Counci7man Schneider to receive the minutes of the Appeals Commission Meet�ng of October 9, 1979 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF OCTOBER 3, 1979 MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of October 3, 1979. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. RECEIVING THE CHARTER COMMISSION MINUTES OF SEPTEMBER 4, 1979. MOTION by Councilman Fttzpatrick to receive the m�nutes of the Charter Commission Meeting of Septem6er 4, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERATION OF AGREEMENT BETWEEN THE CITY OF FRIDLEY AND Mr. Qureshi, City Manager, stated the Council had adopted Resolution �128-1978 re- , questing a signal at this intersect�on and the County has responded with a temp�- rary signal. He stated it is hoped that eventualiy there will be permanent stgnaii- zation and intersection modification at this location, however, it is requested, at this t�me, that the City participate by providing power for the temnorary signal which will be installed by the County. MOTION by Counci7man Fitzpatrick to approve the agreement between the City and Anoka County for a temporary traffic signal at 79th Way on East R�ver Road. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motton carried unanimously. RESOLUTIOfJ N0. 116-1979 AUTHORIZING AND �IRECTING THE SPLITTING OF SPECIAL ASS nn� nnnrrl nnn � nTC 7n On ol nrv O nnlnl.lnV nnnrrTnnl. MOT.ION 6y Councilman Barnette to adopt Resolution No, 116-1979. � � � REGULAR MEETING OF OCTOBER 22, 1979 .,,. , Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 117-1979 AUTHORIZING AND DIRECTING THE C�MBINING OF SPECIAL MOTION by Councilman Barnette to adopt Resolution No. 117-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 118-1979 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 415, A�DITOR'S SUBDIVISION N0. 89: MOTION by Councilman Schne�der to adopt Resolution No. 118-1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. APPOINTMENT HUMAN RESOURCES COMMISSION. Counc�lman F�tzpatrick suggested possi6ly the Council consider the appoint- ment to this vacancy on the Commission be made for a full term rather than for two months, since they would be making appointments to the Commissions in January of 1980. MOTION by Councllwoman Moses to table th�s item to the next regular meeting. Seconded 6y Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DF E FOR ISLANDS OF PEACE BY MOTION by Councilman Fitzpatr�ck to approve the renewal of the house trailer license for Islands of Peace and waive the fee. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously LICEiJSES: MOTION by Councilman SchneideM to approve the licenses as submitted and as on file in the Lieense Clerk.'s Offi ce. Seconded by CoLncilman Barnette Upon a voice vote, all voting aye, Mayor flee declared the motion carried unan�mously. CLAIMS: MOTION by Councilwoman Moses to authorize payment of Claims No. 288E12 - 292F01. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilwoman Moses to approve the est�mates as submitted N.D.H Asphalt, Inc. 5400 Industry Avenue Anoka, MN 55303 Part�al Est�mate #3 - Street Pro�ects St. 1979-1 & 1979-2 Suburban Engineering, Inc. 6875 Highway No. 65 Fridley, MN 55432 Engineering services for S& W Pro�ect ,'�`r127 E.D.S. Construction Company 360 Larpenteur Avenue West St. Paul, MN Part�al Estimate #6 - Mum cipal Garage Addition $111,413.31 $ 12,497.87 $ 2,149 20 REGULAR MEETING OF OCTOBER 22, 1979 ESTIMATES: (cont.) Kenko, Inc. 8275 Central Avenue N.E. Spring Lake, Park, MN 55432 Partial Est�mate #2 - Pro�ect #127, Paco Industrial Park Comstock & Davis, Inc. 1446 County Road J P1inneapolis, MN 55432 Inspect�on Services - Great No. Industrial Center, Pro�ect 128 Smith, Juster, Feikema, Malmon & Haskv�tz, Attorneys at Law 1250 Builders Exchange Bldg. Minneapolis, MN 55402 For services rendered as City Prosecutor for September 1979 Talle, Herrtck & Munns 6279 University Avenue N.E. Fridley, MN 55432 For services rendered as City Attorney for September, 1979 PAGE 6 $ 60,362.30 $ 183.07 $ 2,140.00 $ 2,305.00 The mot�on was seconded by Councilman Fitzpatrick Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carr�ed unanimously. AD�OURNMENT: MOTIOP! by Councilman Schneider to ad,7ourn the meeting. Seconded 'uy Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the Regular Meeting of the Fridley City Council of October 22, 1979 ad�ourned at 8:25 p.m. Res�ectfully submitted, V V ' J _ �� ' �._� � � F��,'�-�- ` �.a,-Cs Carole Haddad Wiliiam J. PJee Secy. to the City Council Mayor Approved 1 � � ' �