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01/21/1980 - 00013615� ' � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF ,]ANUARY 21, 1980 The Regular Meeting of the Frtdley City Counc�l was called to order at 7:35 p.m. by Mayor Nee. PLEDGE DF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT PRESENTATION OF AWARD Councilman Barnette, Councilman Schneider, Mayor Nee, Councilwoman Moses and Councilman Fitzpatrick None PEDESTRIAN SAFETY AWARD FRDM AUTOMOBILE CLUQ OF MINNEAPOLIS (AAA nnrornrrrn nv nnn i.�r� � rnnn rnnrr Mr. William Cratg of the Automobile Club of M�nneapolis presented a pedestrian safety award to Fridley's Publ�c Safety Director, Mr. Jim Hill. Mr. Craig stated Fridley was in a contest with 429 cities with populations of 25,000 to 50,000 and the low pedestr�an fatalities in the City was remarkable He stated Fridley hasn't had any pedestrian fatalities for five years and felt this was because of a cooperative effort 6y the citizens, the Police Department and the city government. He stated the City �s active in 6tcycle control and education and has done an excellent �ob on traffic enforcement. Mayor Nee extended thanks to Mr. Craig for the presentation of this award. APPROIfAL OF MINUTES: REGULAR MEETING, JANUARY 7, 1980: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ADOPTION OF AGENDA MOTION by Counc7lman Schneider to adopt Councilwoman Moses. Upon a voice vote, motion carried unanimously. OPEN FORUM,VISITORS: the agenda as submitted. Seconded by all voting aye, Mayor Nee declared the There was no response from the audience under this �tem of bus�ness PUBLIC HEARINGS: NUE� PUBLIC HEARING Ofd FIfJAL PLAT, P. S. t'r79-03, BLOMBERG ESTATES, 6Y n ninnnnrnr rnniTrnnirn rnnne innuinnv in innn . Mayor Nee reopened the public hearing on this plat, P. S. �79-D3, for Blomberg Estates. Mr. Qureshi, City Manager, stated, at the last meet�ng, there was discussion on the road patterns and access for this plat. He stated the Council may w�sh to hear from persons who were concerned whether or not they have changed their minds or have a different feeling about the plat in order to make a decision on what would be the 6est solut�on �.? r �;f; REGULAR MEETING OF JANUARY 21, 1980 Page 2 Mayor Nee stated part of the problem was the question of the use of 75-1/2 Avenue and whether or not it should 6e a full or half width. Mr. Qureshi stated they have been in contact with the property owner on the northeast side of this roadway and there is tndication of a general agreement a6out a poss�6le exchange of property. He stated some right-of-way would be acquired from Mr. Heyne and he, tn turn, would receive property to the west for additional rear yard for hts property. Mayor Nee asked if an agreement had been stated the Blomberg's have made an offer it being approved by all parties. reached with Mr and Mrs. Maki. Mr. Maki and he has accepted �t contingent on Ms. Karla Blomberg presented to the Council a copy of the agreement between them, the Heyne's and the Maki's. Mayor Nee asked about the i�pact of the road on residents across the street Mr. Quresh� stated the roadway would be laid out so that the headlights of the cars would not be h7tting the houses directly. Ms. Blomberg stated she felt they have met all the sttpulations and the only other concern would be the park fee. Mr. Qureshi felt the utility and dra�nage plan still had to be approved and there is the question if drainage detention on the back of the lots is the 6est approach or if a separate area should be dedicated. Councilwoman Moses questioned the amount of land that would be lost, if land was provided for ponding. Mr. Qureshi stated, if the back of the lots are not used for retention areas and depending on how the lots are laid out, there is a potential to reduce the plat by four lots to prov�de such area. Ms. Blomberg asked �f there was an ob�ection to what was recommended by the Rice Creek Watershed District and presented a plan of the proposed drainage. Mr. Qureshi stated almost all the back lots on the west side have easements shown to the full width of the back yards and those would be the areas for drainage. He stated these would not be permanent retention ponds, but more of a detention are��, so there would be the potential of water standing in this area for some�ime during heavy rains. Mayor Nee stated he believed P1r. Comstock, the engineer for the developer, stated the water could go up to two feet in a 100 year storm for a period of several hours. Councilman Schneider asked if he was purchasing these homes how he would know the easement extsted. Mr. Nerrick, City Attorney, stated if the purchasers get a title search, whoever examines it should reveal what easements are on the lot. Mr. Herrick stated the City would have the authority to control the grade when the initial plat is approved and would also have the right, as would the ad�oin- ing property owners, to prevent an owner from ftlling in the dratnage easement. He stated any activity that would adversely effect the drainage on the easement would be prohibited. Councilman Schne�der stated he has spent many hours on the phone with the developer and neighbors �n the area and they are apparently near an agreement,however, �t now comes to the question of the park fee , L J � � i REGULAR MEETING OF JANUARY 21, 1980 Page 3 Counc�lman Schneider stated the administration is suggesting a total park fee of $55,000 for park development which, according to his understandin9, is substan- tially less than the value of four lots which the City could request under the park fee ordinance. He stated the developer has some difficulties with this amount. Mayor Nee stated the public hearing �s, basically, on the plat and not neces- sarily contingent on the question of the park fiee, unless the Counc�l wished �t � resolved at this time. Counc�lman Schneider stated one of the stipulations of the Planning Commission was for payment of the park fee. Mayor Nee asked tf anyone else in the audtence wished to comment regarding this proposed plat. There was no response from the audience. MGTION 6y Councilman Schneider to close the public hearing on P. S�79-D3, Blomberg Estates. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8 02 p.m. MOTION by Councilman Schneider to approve plat, P. S r79-03, Blomberg Estates, wtth the following stipulattons: (1) Approval of the Rice Creek Watershed District is received by the Ctty; (2) Water, sewer, street and drainage layouts be approved by the City staff; (3) All necessary drainage, uttlity, road and b�keway-walkway easements as per staff requtrement be obtained, (4) Thns plat development to pay a11 water, sewer, drainage and street improvement costs except for Lot 21, Block 2, Spring Lake Park Lakeside Add�tion, which is to pay its appropriate fair share of these improvements, (5) Staff to have the authority to reduce the width of the east/west legs of the roadway in the plat to accommodate roadway less than 50 foot right-of-way, (6) Developer to pay $55,000 as park fee into the City park funds; and (7) If staff and developer cannot work out these stipulations, or �f mutually agreeable amendments are not agreed upon, then � the developer should lay out alternate road and utility plans to develop this area and process it through the C�ty commissions and back to the Counctl for review. Seconded by Councilman Fitzpatrick. Ms Blomberg stated she is to understand then, if they do not come to terms on the park fee, and other stipulations they should start again and bring an entirely different plat Councilman Schneider stated that was how the motion reads. Ms. Blomberg stated what the City is saying then is that the land right now is worth $555,D00, if the park fee is 10% or $55,000. Mr. Herrick, City Attorney, stated he had some d�scussion with the attorney representing the developer and he wasn't able to be present this evening. He stated it seems to him this is a matter that probably won't be resolved at th�s tlme. He felt �t proba6ly would be appropriate for the administration and h�mself and the developers and their attorney to try and see if a mutually acceptable agreement can be reached. He stated, if this cannot be done, there is a procedure to determine if the fee is reasonable or not. Mr. Herrick stated he has suggested that the developer's attorney reaa the find�ngs of a recent court case in Bloomtngton that dealt with this issue and to use that as a guideline to see if they can reach an agreement. � Counc�lman Schne�der felt the mot�on leaves the door open for the developer and the administration to negot�ate. Ms. Blomberg reviewed the ordinances and policy statements under the dates of February, 1977, �une, 1977 and October, 1979 regarding the amount of the park fee. She stated,on the check list she received,the park fee was stated as 3500 per lot. She felt if the City wished to take four lots, in 7ieu of the park fee, this would be acceptable. �> �3 REGULAR MEETING OF JANUARY 21, 1980 Page 4 Mr. Qureshi felt they could work with the developer in an attempt to reach an agreement and felt the motion left room for negotiations UPON A UOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the mot�on carried unanimously Mr. Heyne asked if the property owners would be notified when this matter is settled. Mayor Nee stated he assumed there would be discussion on the park fee and � other stipulations, but if any changes are made which effects alignments or gradings, they would receive notice. LEAGUE OF WOMEN VOTERS: Mayor Nee introduced Mrs. Meyers of the League of Women Voters. She stated there are several members of the League present this evening w�th their children to observe the Council meeting. OL� BUSINESS DISCUSSION OF FUTURE FUN�ING FOR ISLANDS OF PEACE EXPENSES (TABLED 1/7/80): Councilman Barnette stated Ed Wilmes had talked with him and stated he would be unable to attend the meeting and asked that several items 6e mentioned. He stated Mr. Wilmes advised him they are getting many commitments for items such as the sliding door and deck for the Islands of Peace building. He stated they also have money for a l�brary, tape recorder, and television set, and P1r. Wilmes sa�d a commitment for the landscaping. Councilman Barnette stated Mr Wilmes indicated that on February 11 the architect would like to appear before the Council for a final report on the building and Mr Wilmes requested this item be tabled until this time. MOTION by Councilman Barnette to table any further d�scussion on this item , until February 11, 1980 at which time the representatives of the Islands of Peace and the architect will present a report. Seconded by Counctlwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried una m- mously. NEW BUSINESS: CONSIDERATION OF FIRST READING OF ORDINANCE ON PROPOSED AMENDMENTS TO CATV ORDINANCE: Mayor Nee stated Mr. Eddy had requested that wording regarding proof of age of senior citizens be included under Section 405.211, Installation, the same as �t is �ncluded under 5ection 405.222, Monthly Service Charge. MOTION by Counctlman Schnetder to waive the reading and approve the ordinance upon first reading, with the following addition under Section 405.211, Instal- latton, Item I"Proof of age satisfactory to the company shall be requtred prior to receiving the senior citizen rate for installation". Seconded by Councilwoman P1oses. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. RECEIVING PLANNING COMMISSION MINUTES OF JANUARY 9, 1980: CONSIDERATION OF VACATION REQUEST, SAV #79-05, TO VACATE DRAINAGE AND � UTILITY EASEPIENTS IN ALICE WALL A�DITION, BY RICHARD KAHN MOTION by Councilman Schneider to set the public hear�ng for February 11, 1980 Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION 6y Councilman F�tzpatrick to receive the minutes of the Planning Commiss�on Meeting of January 9, 19F30 Seconded by Councilwoman P9oses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried una m mously. � ,•, �� j REGULAR MEETING OF JANUARY 21, 1980 RECEIVING POLICE COMMISSION MINUTES OF JANUARY 5, 198D Page 5 MOTION by Councilman Schneider to receive the mtnutes of the Police Commission Meet�ng of �anuary 5, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENTS TO CITY OF FRIDLEY COMMISSIONS ( INCLUDING ENERGY COMMISSION - TABLED 1/7/80): MOTION by Counc�lman Schneider to table this item to the first meeting in February. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, explained the reason this item is before the Counctl at this time, even though the terms don't exptre until April, 1980, is to give newly appo�nted members a chance to attend some meetings of the commission before they begin their term. Councilman Schneider stated his only reason for tabling was to contact several people. Councilwoman Moses stated this also was her reason Councilman Fitzpatrick stated he was prepared to support the reappointment of any of the persons who are presently serving on the commissions who have been contacted and wtsh to remain as a member of a commission. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE: Mr. Qureshi, City Manager, adv�sed the Council of the background of this person who �s to be appointed to the position of Public Works Director � MOTION by Councilman Fitzpatrick to concur with the appointment of John Flora as Public Works D�rector at $31,5D0 per year, effective Aprtl 1, 1980. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unantmously. CLAIMS. MOTION by Councilman Schneider to authorize payment of Claims No. 362513 through 016832. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on ftle in the License Clerk's Offtce. Seconded by Councilman Schneider. Councilman Schneider questioned whether the on-sale and Sunday liquor license should be under Capelletti's Plaza Villa or under the new name of the establishment. Mr Brunsell, City Clerk, stated the license was filed for under this name and, therefore, the license and application should be the same. Mr. Herrick, Ctty Attorney, stated the license is 6eing given to the appl�cant who ts Robert �. 0'Rourke and OR's Corp and should indicate the location. He didn't feel the name they are operating under was signif�cant � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. ?J , REGULAR MEETING OF JANUARY 21, 1980 ESTIMATES: Page 6 MOTI6N by Councilwoman Moses to approve the estimates as submitted. Talle, Herrick & Munns 6279 Univers�ty Avenue N. E Fridley, Minn. 55432 For services as City Attorney for month of December, 1979 Smith, Juster, Feikema, Malmon & Haskvitz - Attorneys At Law 1250 Builders Exchange Blvd. Mtnneapolis, Minn. 55402 For services as Prosecutor for month of November, 1979 For services as Prosecutor for month of Decem6er, 1979 $2,250.00 $2,230.00 $1,860.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked if any of the v�sitors had any questions of the Council or any advice. One child tn the audience asked on the Islands of Peace building, tf there was drainage to protect the buildtng from flooding of the river. Mr. Qureshi, C�ty Manager, stated the building is so located that there would practically be no potential for flooding. ADJOURNMENT: MOTION by Counc�lman Barnette to ad�ourn the meet�n9. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unantmously and the Regular Meeting of the Fridley City Council of January 21, 1980 ad�ourned at 8:38 p.m. Respectfully subm�tted, ,�'�-��� Carole Haddad Secy to the City Council Approved February 24, 1980 �,���.� �2�_ William J. Nee Mayor , � ,