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07/07/1980 - 00013501� a rfQy �_ 1 . + THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF JULY 7, 1980 The Regular Meeting of the Fridley City Council was called to order at 7 42 p m. by Mayar Nee. PLE�GE OF ALLEGIANCE: Mayor Nee led the Council and audience tn the Pledge of Allegiance to the Flag ROLL CALL MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES. Mayor Nee, Councilman F�tzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette None PUBLIL NEi+RING MEETING, JUNE 9, 1980: MOTION by Councilman Barnette to approve the minutes as presented Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. REGULAR MEETING, JUNE 16, 1980 MOTION by Counctlman F�tzpatrtck to approve the minutes with the following correction Page 3, under Item B, paragraph one, change 1700 square feet to 170 square feet. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously Counc�lman Schneider stated, on Page 4 of these minutes, h�s comments regarding the minutes of the special meeting of the Planning Commission were, he hoped � that when the new zoning code is submitted to Counc�l, there would be copies of both the old and new version for comparisons. He felt this would clarify the information he was referring to tn his comments A�OPTION OF AGENDA � The following item was added to the agenda. Receiving Communication from J�m Langenfeld Re: Resignation as Treasurer and Board Member of the Islands of Peace. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FDRUM, VISITORS• There was no response from the audience under this item of business. OL� BUSINESS. RATION OF AWARDING BID CONTRACT FOR FIRE APPARATUS - 1250 GPM PUMPER CONSI�ERATION OF CHANGE ORDER #1 TO SPECIFICATIDN �FD 80-1• Mr. Robert Aldrich, Fire Chief, stated this item had been tabled at the June 16 Council tr7eet�ng, as the Ctty was not iamiliar with ihe equipment made by the low bidder and wished further information. Chief Aldrich stated two employees from the Fire Department were sent to Green Bay, W�sconsin to look at equ�pment built by 3-D Fire Apparatus, Inc. and to look over the facilities of 3-D at their manufacturing plant in Donduel, Wisconsin. „.J V REGULAR MEETING OF JULY 7, 1980 PAGE 2 Chief Aldrich stated, from these vis�ts. it was found that 3-� does bu�ld a 9ood quality anparatus, however, there were some misunderstandings re- garding the contract award. Chief Aldrich stated, therefore, a meeting was scheduled with the President of 3-D and their local representative, and he felt the memorandum of understanding between the City and Mid Central Fire and Safety and 3-� fire Apparatus, Inc. clearly covers all questions raised so there wouldn't be any problems on the issues. Chief Aldrich also requested the Courc�l ccnsider the chan9e order which would reduce the price of the apparatus by $4,000. He stated tn analyzing what was included in the original specifications and what was availab7e as a manufacturer's standard, it was felt the Fire Department could serve the public �ust as well with some modifications, as shown in the change order. Chief Aldrich also stated, �n addition to the amount of $4,000 covered in the change order, an additional deduction or $2,000 could be taken, if the City will pay 3-D Fire Apparatus, Inc. the amount of $35,186 upon delivery and bill�ng of the cab and chassis at their -lant, and he recommended the Ctty exercise this option. He stated, witri the change order and this additional option to save $2,000, the net cost woulu be $88,300. Mr. Qureshi, City Manager, explained y15,CJ� was budgeted in this years's budget and it is hoped the same amount will 6e 6udgeted next year, for a total of $30,OOD. He stated this would leave a balance of $58,000, which could be internally financed for this equipmPr,l. MOTION by Counctlwoman Moses to receive the btds for the Motor Fire Apparatus, 1250 GPM Pumper DELIVERY TOTAL VENDOR BID BOND MANUFACTURER DATE COST General Fire & Safety 5% General Fire 300-320 $99,416.00 North Branch, MN, 55056 Great Amer. -Lr�s. & Safety o-akg days Akins Ftre Eq�n pment Big Lake, MN 5�309 Peter Pirsch & Sons Kenosha, WI 53i40 NONE 5% St. Paul Fire & Marine Emergency One, Inc. Peter Pirsch & Sons In Stock 360 calendar days r $59,500.00 Demo - does not meet spec� ' fications $99,418.00 M�d Central Fire & Safety 5% 3-D Fire 132 $94,300.00 6221 Creek Valley Road Employers Mut�_ial Apparatus working Edina, N1N 55435 Casua� days Each bidder has provided a deduction for payment of the cab/chass�s at delivery and b�lliny as follows: Mid Central Fire & Safety Peter Pirsch � Sons General Safety Equip��ent Co, DEDUCT PAYMENT $2,000 00 35,1F36.00 3,036.04 41,746.00 2,�75.00 40,500.00 and award the bid to the low bidder, Mid Central Fire & Safety. Seconded by Councilman Fttzpatrick. Upon a voive vote, all voting aye, Mayor yee declared the mot�on carr7ed unan�mously. MOTIOfJ by Counc�lman Schneider to authorize Change Order Y1 regarding the Motor Fire Apparatus, Specification #FD-8a-1, in the amount of $4,DD0, as recommended by Chief Aldrich. Seconded by Counc�lman Barnette. Upon a voice vote, all voting aye, �4ayor Nee declared the motion carried unanimously. MOTION by Gounctlman Barnette to authori�e the-admim stration to exercise the option to pay the cost of the chassis tn 1981. Seconded by Counctlman Schnetder. Upon a voice vote, a31 aot�ng aye, Mayor fJee declared �he motion carr�ed unani- mously. ' 3 r�� �. REGULAR MEETING OF JULY 7, 1980 NEW BUSINESS: CONSIDERATION OF NEW PUBLIC NUISANCE ORDINNNCE PAGE 3 Mr. Flora, Public Works Director, stated, based on the Council's direction, a new public nuisance ordinance �s submitted for the Council's consideration. Mr. Flora stated the League of Cities and surrounding communities were contacted to receive information regarding their nuisance ordinances and methods of enforce- , ment. He stated, in the draft before the Council, nuisances were defi ned which effect health, safety, peace, safety and welfare. Mr Flora stated th�s ordinance would replace Chapter 110 of the existing City Code and although there is a slight duplication in other ordinances, th�s ordinance provides a means of abatement and control. Mr. Herrick, City Attorney, felt this draft should be submitted to his office and Carl Newquist, as public nuisance violations are d�ffi cult to prosecute Mayor Nee questioned Item 16 on Page 3 of the draft ordinance, as he felt this didn't make sense. P+Ir. Flora stated the word "lawful" should be changed to "unlawful". MOTION by Councilman Fitzpatrick to refer this draft ordinance to the City Attorney and to bring it back to the Council for the fi rst meeting in Augusi, after the Attorney's review. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi pointed out, when an ordinance is adopted, it puts some liability on the City to enforce it and if this is not done, the City is open for damages. Councilman Schnetder stated many items in th�s ordinance are presently in existing codes, however, the scope has been broadened. Mayor Nee questioned if there are any items in the ordinance the Counc�l wasn't , willing to enforce. Councilman F�tzpatrick felt this would be the purpose of the revtew by the City Attorney. Mr. Herr�ck, City Attorney, felt there are two approaches to public nu�sances, either to have a short general statement or to go into enumberating specific violations. He felt, if they go into specifi c violations, it should be looked at very carefully. Mayor Nee also potnted out that Section 110.06 covers the abatement of nuisance by the City Council, but the paragraph goes on to make �t an admim strative abatement. Mr. Herrick stated he had some concern about a procedure where a City official sends out a notice about a nu�sance and gives a certain period of time to abate this nu�sance. He stated, if it is not abated, and the City goes in and pro- ceeds with the abatement, but does not give that person any opportuntty to ap- pear at a hearing to give the�r opi m on or offer evidence whether it �s or is not a nu�sance, and a suit �s brought against the C�ty, and the court doesn't agree the person was given due process, the City could be liable. He stated it is his recollect�on the present ordinance provides an �ntermediate step of a public hearing where a person has an opportunity to come before the Counc�l CONSIDERATION OF PROPOSAL FOR REGISTRATIDN OF CDNDOMINIUM Mr. Flora, Public Works Director, stated questions have been raised re9arding � condominium conversions such as converting extsting rental property to condo- mtniums, converting a school to condominiums, and conversion of land for condo- miniums. He thought possi6ly the City should have an ordinance that addresses condominium conversions, or have control, through the licensing department, of condominium conversions. � `;;. REGULAR MEETING OF JULY 7, 1980 PAGE 4 Mayor Nee felt he would like clarification where land could be rezoned for condominiums. Councilman Schneider stated the inatter of condomim um conversions was dis- cussed at the League of C�ties Meeting in Duluth and, apparently, the state law takes a lot of author�ty from cities as to what they can or cannot do, but doesn't override any zo m ng. Mr. Herrick, City Attorney, stated the City may adopt an ordinance for an 18 month moratorium on conversions, if after a public hearing, the Council finds that the conversions would create a shortage of suitable rental dwellings available to low and moderate income �ndividuals or families, or it reduces the low and moderate housing stock to esiablish or maintain the City's eli- gibility for any federal or state program providing f�nancial assistance for housinq in the City. Mr. Herrick felt it would be up to the Council to def7ne the shortage, but there should be some finding by the Council to substantiate this at the public hear�ng. Councilman Schneider stated there is no requ�rement the C�ty 6e notified when a conversion is taking place. Mr. Herrick felt this could be required in an ordinance so there is some process to make the City aware a conversion is taking place. Mr. Herrick submitted copies of the ��linneapolis ordinance and State statutes so these could be made available to the Council. Councilman Barnette felt this would be an area which would be of interest to the Commum ty Development Commission and the following motion was made. MOTION by Counc�lman Barnette to refer this question on condominiums to the Community Development Commission for suggestions and advice. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously RECEIVING 7HE PLANNING COMMISSION MINUTES OF JUNE 18, 1980 MOTION by Counctlman Schneider to concur kvith the recommendation of the Planning Commission and grant Special Use Permit, SP #,80-05, with no stipulations. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unantmously. APPEALS COMMISSION MINUTES OF JUNE 10, 1980: Mr. Flora, Public Works Director, stated this is a request for four variances to 1) reduce the required square footage for a double bungalow from 10,000 square feet to 7,800 square feet; 2) to reduce the driveway setback from public right-of-way from the required 25 feet to 20 feet; 3) to reduce the required garage stalls for a double bungalow from 3 stalls to 2 stalls; 4) and to reduce the floor area from the requ�red 650 square feet to approx�mately 590 square feet, to allovd a one family dwelling to be converted to a two family dwelling. Mr. Flora stated the Appeals Commission has recommended denial of the variances, with the exception of the variance for the driveway setback. 1 ' 1 � ����� REGULAR MEETING OF �ULY 7, 1980 PAGE 5 Mr. Flora stated the applicant at one time had owned four lots and in 1978, these were spl�t and sold. He stated the Appeals Commission felt, therefore, this was a self-inflicted hardship, as the variance wouldn't be needed if he had kept all the property. Counctlman Fttzpatrtck stated this applicant previously applied for a variance, which was granted, to reduce the area of the lot from 9,000 to 7,800 square feet which is already below the requirement for a single family dwell�ng and he now wants to make this dwelling into a duplex. Mr King, the applicant, stated the land to the South was sold, however, he wasn't the sole owner of the property. He felt the codes of the City really don't apply themselves to a basement untt and does not look at this as a duplex. Councilman Fitzpatrick stated he hesitat�d to move for denial as he realizes Mr. King ts surrounded by multiples, but felt this is a sub-standard lot and would be a sub-standard floor area and that the hardship was self-inflicted. MOTION by Counc�lman Fitzpatrick to concur with the recommendation of the Appeals Comm�ssion and deny the request for variances to 1) reduce �he square footage for a double bungalow from 10,000 to 7,800 square feet, 2) to reduce the required garage stalls from 3 to 2 stalls, and 3) to reduce the floor area from the required 650 square feet to approximately 590 square feet. Seconded 6y Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried una m mously MOTION by Councilman Fitzpatrick to grant the variance to reduce the driveway setback from public right-of-way from the required 25 feet to 20 feet. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Moses wondered if the City shouldn't consider a policy on the convers�on of a s�ngle famtly homes, as she felt the C1ty may be gett�ng re- ' quests in the future Counc�lman Fitzpatrick felt, in this particular case, the Ctty does have a policy, however, another area might be if the owner of a single family home had a large enough lot and floor area to be considered for use as a double bungalow. � Mr. Flora stated the Planning Commission is review�ng the Zoning Ordinance and making certain changes in these areas and he would make a note to tnclude this matter in their discussions. CONSIDERATION OF OF A SIX UNIT AP ILDING REDUCE SI�EYARD TO ALLOW CONSTRUCTI 0- 5TH STREET, RICHAR� TRACZIK: MDTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant the variance to reduce the side yard setback from a side street of a corner lot from the required 35 feet to 32 feet to allow constructton of a stx untt apartment building at 5450 - 5th Street. Seconded by Councilwoman Moses. Upor� a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of June 18, 198D. Seconded by Councilwoman Moses. Upon a vo�ce vote, all vot mg aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ENERGY COMMISSION POLICY STATEMENT: Mr. Bill Wharton, a member of the Energy Comm�ssion, appeared before the Council regarding the Commisston's Energy Policy Statement. He stated it was the intent of the Commiss�on that this policy be adapted by the Council, as written or amended, which would then give them some dtrection. He felt this policy would serve as guidelines for various um ts of City government. t�� REGULAR MEETING OF JULY 7, 1980 Councilwoman Moses felt, as she looks at tt, there would in the language so that �t would be more of a guideline. lot of items covered in the policy that probably aren't She stated the scope of energy is far-reaching in order residents and asked if �t was the Commission's �ntent to to carry out the policy PAGE 6 have to be some change She felt there are a economically feasible. to get to businesses and have a full-time employee Mr, Wharton stated there was consideration given to have someone in adm� m stra- t�on accountable for energy policy. He felt it should hinge on what the County was doing and, if they had an Energy Coordinator, possibly the City wouldn't require such a full-time endeavor. Councilwoman f�1oses felt �t would entail a full-time person to carry out these policies, 6ut d�dn't want to upset the Commission if they didn't have a person to handle the items covered in the policy. Councilman Schne�der asked if it was the Commission's intent that the item covered in the policy would be the things they would be checking �nto and reviewing. Mr. Wharton stated the intent, at the time, was that various departments in the City look at these individual items to see how ihey fit and what would be the impact on them. Mr. Wharton felt, once gu�deltnes were received and it is stated what type of things the City should be considering, he believed the Commission would then work in con�unct�on with the various departmenis io help them establish their own procedure for energy conservation. Counctlwoman Moses felt some documentation is needed, if the City were to pro- ceed with the items outlined in the policy, on the costs involved. Mayor Nee thought perhaps the Commiss�on would help we�gh the different su9- gest�ons before they were actually put into policy and asked what the Commission would like from the Council. Mr. Wharton stated what the Commiss�on �s looking for is for the Council to say they bas�cally agree, in principle, with this policy and would like to see the various departments i m tiate some action on how they are going to establish energy conservation. He felt if the departments feel they need some asststance tn these areas, the Comm�ss�on would be happy to work with them, Mayor Nee stated admtnistrat�on could redraw this and it probably would be basically the same, but more flexible. Mr, Wharton felt this would be satis- factory with the Commission. MOTION by Councilman Barnette to accept the theory behind the Energy Commission's policy statement, as presented to the Council, and refer the policy to staff for rewording into a set of guidelines which the Commission could follow, with this recommendation back to the Council by July 21. Seconded by Councilwoman Moses. Mr. Wharton stated they would like to hear from staff if there are certain items that are totally unacceptable. UPO�d A VOICE VOTE TAKEfJ ON THE ABOVE MOTION, all voted aye, and Mayor Nee de- clared the motion carried unanimously. RECEIVING ANOKA COUNTY COMMUNICATIONS WORKSHOP CHAIRPERSON'S REPORT• MOTION by Councilwoman Moses to receive the report from the Chairperson, Mark Scott, regarding Anoka County Communications Workshop. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed una m mously. � L j 1 1 r; �r � REGULAR MEETING OF JULY 7, 1980 IDERATION OF PAGE 7 _S JOIPJT POWEF;S AGREEMENT WITH ANOKA ( Mr. Qureshi, C�ty Manager, stated Item VI regarding Approvals does not neces- sarily require the City to act in this 30 day period, but if the City didn't prov�de any commum cation back within this 30 day period, the County would take it as concurrence by the Counc�l. Councilman Fitzpatrick referred to Item V, Capital Improvements and questioned the improvements on file with the Metropolitan Council which need no further approval. Mr. Qureshi, City Manager, stated, basically, these improvements provide for a trail system and shelters. He pointed out the improvements on file with ihe Metropolitan Council do not include any bu�lding in Locke Park, but only the trail system. Mr. Qureshi, City Manager, stated he felt this was a good agreement and ad- dresses all the concerns of the Park and Rerreation Commission and Council. He pointed out any agreement entered into can be amended by the consent of both parties. Counctlman Barnette questioned Item XI, Termination, w�th reference to main- taining the trail. He pointed out, if the City term�nates the agreement, the trail shall be maintained by the City, however, there is no reference to main- taining the trail, if the agreement is terminated by the County He felt this should be included in the agreement or at least in a communication to the County. Councilman Schneider stated all points raised by the Parks and Recreation Commission are covered, however, he also felt this is a rather crucial point. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter �nto the Joint Powers Regional Tra�l Agreement with Anoka County and to send a � letter to the County Administrator with reference to the fact that the City would expect, if the County terminated the agreement, that the County would maintain the trail system. Seconded by Councilman Barnette. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. TO JOINT AND COOPERATIUE AGREEMENT--SUBURBAN POLICE REC MOTIOIJ by Councilman Schne�der to approve the flrst amendment to the Joint and Cooperative Agreement - Suburban Police Recru�tment System. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REIMBURSEMENT FOR BASIC CABLE Tl/ SERVICE FOR MEMBERS OF MOTI�N by Councilman Barnette to approve the relmbursement for basic cable TU service for members of the Cable Television Commission. Seconded by Council- woman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carrted unanimously. RESOLUTION N0. 67-1980 TO ADVERTISE FOR BIDS FOR TENNIS COURT LIGHTING PROJECT MOTION by Counctlman Schneider to adopt Resalution No. 67-1980. Seconded by � Councilraan Barnette. Upon a voice vote, all votir�g aye, Mayor Nee declared the motion carried unar�imously, i � t, REGULAR MEETING OF JULY 7, 1980 ESTIMATES: PAGE 8 MOTION by Counc�lman Fitzpatrick to approve the estimates as submitted. Halverson Construct�on 4227-165th Avenue N. E. Wyoming, MN 55092 Partial Estimate �4 - 19f30 Misc. Concrete Curb & Gutter Contract Bud Johnson Construction Company c/o Design Consortium, Inc. 1012 Marquette Avenue Minneapolis, MN 55403 Attn. Jim Widder Application #2 - General Construction for Spr�ngbrook Nature Center $2,960.00 $41,233.00 Seconded by Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. LICENSES: MOTION by Counc�lman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carried unanimously. CLAIMS . MOTION by Councilman F�tzpatrick to authorize payment of Claims No. 155A30 through 187P03. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Flayor Nee declared the motion carried unanimously. MOTIOf�d by Counciiman Fitzpatrick to receive the letter of resignat�on from Jim Langenfeld as Treasurer and Board Member of the Islands of Peace Foundation and send him a letter of appreciation for his efforts for the Island of Peace. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. ADJOURNMENT: MOTION by Councilwoman Moses to ad,7ourn the meetin9. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley Ctty Council of July 7, 1980 ad,7ourned at 9.45 p.m. Respectfully su6mitted, �/�.+'!.�- � C-A'-�� Carole Haddad Secy. to the City Council Approved: Julv 21, 1980 ' �.�r���..� ��.��._ �A William�J. Nee Mayor C� 1 ,