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07/21/1980 - 000134893 J�� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 21, 1980 The Regular Meeting of the Frtdley City Council was called to order at 7:37 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: Mayor fJee, Councilman Fitzpatrick, Councilwoman Moses, Counc�lman Schneider and Councilman Barnette None REGULAR MEETING, JULY 7. 1980: MOTION by Councilman Schneider, seconded by Councilwoman Moses to approve the minutes as presented. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARIfVG MEETING, JULY 14, 1980 MOTION by Councilman Schneider, seconded by Councilman Barnette, to approve the minutes of ,luly 14, 1980 with the following correction On Page 7, Para- graph 2, fourth line, delete the following words: "which may, in fact, require legislative action." Counc�lman Schneider said that this is not a true state- ment. Upon a vo�ce vote, all voting aye, Mayor Nee declared the minutes approved as corrected. ADOPTION OF AGENDA Mayor Nee said there were two �tems to be added to the agenda. One was the consideratton of a house trailer license for Local 684 United Auto Workers Union at FMC Plant, and the other item was receiving the 1979 City of Fridley F�nancial Report. MOTION by Counc�lman Fitzpatrick, seconded by Councilwoman P1oses, to approve the agenda as amended. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. OPEN FORUM, vISITORS: There was no response from the audience under this item of business. OLD Bl1SINESS. CONSIDERATION OF ENERGY COMMISSION POLICY STATEMENT (CONTINUED FROM JULY 7, 1980). Mayor Nee said that the Energy Pol�cy Statement has been redrafted by the staff at the request of the City Council. Councilman Schneider referred to Section 5 of the Guidelines and asked if, in fact, the City has established a centralized energy office. Mr. Qureshi, City Manager, said that we have Mary Cayan, Human Serv�ces Assistant rn the Plam m �g Department, and one of her responsibilities was to coordnnate energy functions. She was also the staff person to the Energy Commisston. Councilman Barnette complimented the staff on the redrafting and on comina up with the rtght wording the Council wanted to convey. Mayor Nee agreed there was a problem of style they might want to pol�sh up, but it was well done. MOTION by Councilman Barnette, seconded by Councilman Schneider, to approve the Energy Comm�ssion Policy Guidelines. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. , � � REGl1LAR MEETING OF JULY 2 ORDINANCE NO 713 FOR THE PAGE 2 EXPENDITURE OF FUNDS F�R TH John Flora, Publ�c Works Director, explained to the Council that a pipe had broken in Well #8, and the pump had fallen 145' to the bottom of the well and gotten lodged in the rock. They had a difficult time removing the pump, and now the pump would have to be rebuilt with all pipes and control rods be�na replaced Mr Flora explained that the City had negotiated w�th Layne M�nnesota for the ' repair of the well, as they were the low bidder on the repair of Well No. 12 which they were presently working on, and they will do the work at the same price for Well No. 8. He explained they have already spent �10,000 to get the pump out, and at this time, do not know what the final cost will be. � � Councilman Schneider asked if the $25,D00 mentioned in the ordinance would be adequate, or if that was playing it too close The Council felt that the ordinance should be changed to "not to exceed $30,000", to make sure the costs could be covered. The City Manager expla�ned that th�s was being done with an Emergency Ordinance to meet the high demand for water in the summer. He said that in a normal situation, th�s would not be necessary. MOTION by Councilwoman Moses to adopt Emergency Ordinance No. 713 for the Repair of Well No. 8 on a negotiated basis without advertising for bids, not to exceed $30,000 Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor tdeP declared ihe motion��arr�ed unamimously. RECETVING THE PLANNING COMMISSION MINUTES OF �ULY 9, 1980: 921 HILLWIND EST, ZDA ¢,'80-02, TQ R��OfJ� FROM R-3 to CR-1 T, D/B/A SWING REALTY ff�ayor Nee sa�ared that the action on this item would be to set the date for the public heartng. MO�71DN by Councilman Schne�der, seconded by Councilman Fitzpat.rick to see the public heariny in th�s rezom ng r•equesi for Septeinber 15, 1930 �pon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, SP ,�80-07 CONSTRUCTION OF 24 x 24 Mr. Flora, Public Works Director, explained that the pet�tioner wants to keep using his existing attached garage as an accessory building, and the Plann�ng Commission recommends approval of the request with the st�pulation that the Special Use Perm�t expires in five years. The Counctl was concerned about the poss�bilrty of the home being sold before that time, and how to.make sure that the area was converted to living space after five years. Mr. Herrick, City Attorney, suggested that the owner s�gn an agreement agreeing to convert the attached garage to living space within five years. Mr. Qureshi, City Manager, said that �f these conditions are put on the Special Use Permit, and if the stipulation is not fulfilled within the five years, the Council would have cause for action on that 6asis. Mr. Wayne Ek said that he was very agreeable to signing an agreement. P10TION by Councilwoman Moses to concur with the Planning Commission and approve the Spec�al Use Permit to allow the existing attached garage to still be used an an accessory building with the stipulation that the permit wtll expire in five years and that Mr. Wayne Ek be requtred to sign an agreement that he will comply with this condition to convert the attached garage to living space within -� r, �, _ � �� �`Jt; REGULAR MEETING OF �ULY 21, 1980 PAGE 3 five years, and that this agreement be recorded. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CONSI�ERATION OF LOT SPLIT REQUIREf4ENT, LS ,�`r80-03, 4526-2nd STREET nirnrrnnnn rnnivTn�ir�rrnni rnr,ennnni. Mayor Nee said that this Lot Split was to add 2 feet to a 40 foot lot to make a building site. MOTION by Councilman Fitzpatrick, seconded by Councilman Schne�der, to concur with the Plamm �g Commission and approve the Lot Split Request. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. RECEIVING MEMO #80-02 TO JERROLD BOARDMAN FROM WILLIAM DEBLON RE Mr. Qureshi, City Manager, asked Mr. Flora, Public Works Director, if there was a ttme restraint on this review. Mr. Flora said that the Minnesota Envtronmental Quality Board is in the process of reviewing our critical area plan for the Metropolitan Council, and the Metropolitan Environmental Quality Board does not want to move on the review until they have the Ctty's comments on the Metro Counc�l's suggested amendments to our plan. Mr. Flora outlined the three areas of concern to the Pletro Council, and the changes recommended by staff. Mr. Schnetder asked what the order of procedure was, and Mr. Flora said that the Metro Council asked the Metropolitan Envtronmental Quality Board to review the recommended amendments the Metro Council has made to Fridley's critical area plan, then tt will go back to the Metro Council. Counctlworaan Moses asked �f this includes both the Mississippi River and Rice Creek. Mr. Flora sa�d this includes both Rice Creek and the R�ver and trees, vegetation and runoff. Mayor Nee said he wondered what their concern was in the connection between the Rice Creek West Reyional Trail and the river corridor trail. Mr. Quresh� said he felt they ,7ust wanted th�s trail route shown on the map MOTION by Councilman Fttzpatrick, seconded by Councilwoman Moses, to amend the Critical Area Plan to tnclude the five changes as recommended by staff and approved b� the Planning Commission, and forward these amendments to the Minnesota Environmental Quality Board as requested. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unantmously. MOTION by Counc�lman Sr_hneider, seconded by Councilwoman Moses, to receive the Planning Commission Meeting Minutes of �uly 9, 1980. Upon a voice vote all voting aye, Mayor Nee declared the motion carried una m mously RECEIVING THE MINUTES OF THE CABLE TELEVISION CDMMISSIDN MEETIPlG OF JUNE 12, 1980: MOTION Councilman, seconded by Councilwoman Moses, to receive the minutes of the Cable Television Commission Meeting of June 12, 1980. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERAT WI TH AfJOKA Mayor Nee satd the question is whether or not we should ,7o�n Anoka County in applying for these funds. He said th�s is a rather new idea and asked the Publ�c Works Director to expla�n it. Mr. Flora reviewed the Ctty's requests for funds in the past , the use of funds we have rece�ved, and the fact that ede were de m ed funds in 1979 and will not be aule to meet the criteria for funds in 1980. � ' 1 REGULAR MEETING OF JULY 21, 1980 PAGE 4 He said that by 3oim ng w�th Anoka County, as an urban county, we will be able to qualify for funds more readily and he recommended the City respond to the County and request they send us the cooperative agreement for review. Councilwoman Moses inqutred whether we had any �dea on how much the City would be eligi6le for. Mr. Flora said that we did not know, it would depend on the criteria that was developed. Councilman Schneider asked if the Anoka County Board or the Anoka Housing and Redevelopment Authority made the application. He wondered if they would be � pre,7udiced against us as they stated it was their intent to provide assistance in part�cular to those communities who do not have operating HRA Boards. He asked lf our HRA had seen this praposal. Mr. Flora sa�d they had been given th�s for their �nformation. Mr. Quresht said Anoka County would be the one who applied for the funds directly. � � Mr. Flora pointed out the stipulation that if the City ,7oins the County in their appltcati�n for funds, we cannot submtt an application on our own. The Council felt we should request a copy of the cooperative agreement for further review. MOTION by Councilwoman Moses to approve the letter to Anoka County requesting a copy of the cooperat�ve agreement for review regard�ng the possi6le parti- cipation in the County's Community Development Block Grant Funds Application. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. RESOLUTION N0. 71-1980 TO ADVERTISE FOR BIDS FOR NURSERY STOCK MOTION 6y Councilwoman Moses, seconded by Councilman Schneider, to adopted Resolution 71-1980 and proceed wtth advertistng for b�ds. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried una m mously. APPOINTMENTS: CITY EMPLOYEES: MOTION by Councilwoman Moses to concur with the following appointments EFFECTIUE NAME _ PUSITION SALARY DATE REPLACES Renee M. t�aulfuss 12$3 W. Eldridge Roseville, MN 55113 Office Assistant $819 July 21, 1980 Janelle M. Cook Police �epartment per Month �c;�� Lynda J. Averette Clerk Typist $719 July 21, 1980 Phyllis Grotberg 8330 Terrace Road City Management per Spring Lk. Pk., MN 55432 Month Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. LICENSES MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Barnette. Upon a votce vote, all voting aye, Mayor Nee declared the motion carrted unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates. Seconded 6y Counc�l- woman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. REQUEST FOR TEMPORARY HOUSE TRAIL OR LICENSE FOR LOCAL 683, UNITED AUTO WORKERS AT FMC, 4800 EAST RIVER ROAD: Local 683 requested the house trailer license to be used in case there is a strike at FMC. � .1 "� REGULAR MEETING OF JULY 21, 1980 PAGE 5 MOTION by Councilman Fitzpatrick, seconded by Councilman Schneider, to approve the temporary house tratler ltcense. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RECEIVING CITY OF FRIDLEY ANNUAL FINANCIAL REPORT FOR YEAR ENDED DECEMBER 31, 1979 MOTION by Councilman Barnette, seconded by Councilman Schneider, to recetve the Financ�al Reoprt for 1979. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrled unanimously. ADJOURNMENT: MOTION by Counc�lwoman Moses, seconded by Councilman Schneider, to adjourn the Regula� vouncil h1eettng of July 21, 1980. Upon a voice vote, all voting aye, Mayor fJee deciared the meeting a�t,7uurned at 8 26 P.M. Respectfully subm�tted, � ,r i,, �� ,�, ��.,� r U Mary Lu Strom Act�ng Secretary to the City Council Approved: August 4, 1980 r 1 � � � �'�� �"��� William J. �e Mayor � ,