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05/18/1981 - 00013205� THE MINUTES OF THE REGULAR I�EETING OF THE FRI�LEY CITY COUNCIL OF MAY 18, 1981 The Regular Meettng of the Fridley City Council was called to order at 7 30 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 PROCLAP1ATI ON5 : Counc�lman Barnette, Councilman Schneider, Mayor Nee, Councilwoman Moses and Councilman Fitzpatrick None NATIONAL PUBLIC WORKS WEEK - MAY 17-23, 1981: OLDER AMERICANS MONTH - MONTH OF MAY, 1981 Mayor Nee stated there are two proclamations which he proposes for the Council's consideration and adoption, one is to proclaim the week of May 17 through 23, i981 as National Public Works Week'and the other is to proclaim the month of P�ay, 1981 as Older Americans Month. MOTION by Councilman Schneider to approve �nd adopt the proclamation proclaiming the week of May 17 through 23, 1981 as National Public Works Week. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to approve and adopt the proclaimation proclaiming the month of May, 1981 as Older Americans Month. Seconded by � Councilwoman Moses. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unanimously. Mayor Nee asked that these proclamations 6e circulated to the persons who had requested them, 1 �J APPROVAL OF MINUTES REGULAR MEETING, MAY 4, 1981. MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor fJee declared the motion carrted unanimou�ly. ADOPTION OF AGENDA MOTION by Councilwoman Moses to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaninpously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. RMING ASSESSMEPJT FOR STREET I Plr. Quresh�, City hlanager, stated a question was ra�sed by Mr. Dave Harris, at the lastrneeting, on the assessment of 81st and Rancher's Road. Mr. Qureshi stated detailed iriformation, which they requested, was provided to them and even thoaayh he wasn't completel�y satisfied, Mr. Harris indicated he wouldn't ob�ect to the assessment. Iy � REGULAR MEETING OF MAY 1B, 1981 PAGE 2 Mr. Qureshi stated another item there may be a question on is the assessment to Burlington Northern for the improvement of Ashton Avenue. lie stated there is a representative of the ratlroad present this evening, however, requested this item be tabled to later in the meeting until the arrival of the City Attorney since he has been in contact with Burlington Northern regarding this matter. MOTION by Councilman Fitzpatrick to postpone this item to later �n the agenza. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimoulsy. NEW BUSIPJESS '� CONSI�ERATION OF SETTING BUNGALOWS IN R-1 ZONING: JUNE 8, 1981 TO DELETE DOUBLE Councilwoman Moses stated the Community Development Commission made some recommendations regarding the special use permit and asked how delettng double bungalows tn an R-1 zone w�ll dtffer from the special use permit. Mr. Qureshi, City Manager, stated if Councilwoman Moses is pointing out that the proposal to delete double bungalows tn an R-1 zone is contrary to the recommendation of the Community Development Commission, she is correct. Councilman Schneider felt the recommendation from the Community Development Commission could be considered in con�unction with the reviewal of the R-1 zoning code. Councilwoman Ploses felt the recommendation from the Community �evelopment Commission had some good guidelines for taking a single famtly home and using it for two family occupancy. MOTION by Councilman Fitzpatrick to set the public hearing for June 8, 1981 regarding�the amendments to cnapter1205 zoning code of the Ctty of Fridley including the deletion of double bungalows tn an R-1 zone. Seconded by Counetlman Schneider. Councilwomam�Moses felt if there is a public hearing now and the double bungalows are deleted, this would never get back in the code. She stated there is a need for additional housing units and this special use permit process is a way of obtaining affordable housing in Fridley, and she is not comfortable w�th taking it out of the code. Councilman Fitzpatrick stated the same end result 4aould be accomplished under a rezoning request. Mayor Nee stated, speaking for himself, he thought there should be room for accommodat�on, but felt something should be spelled out on how the accomt�oda�ion should proceed Councilwoman Moses asked why the Council couldn't take the quidelines proposed by the Commun�ty Development Commission. Mayor Mee stated it really addressed conversions, and not double bungalows. Councilman F�tzpatrick stated even if �he gu�delines of the Community Development Commission were followed, it wouldn't solve the problem faced by the Council and they would still be in the position that double bungalows are allowed with a spec�al use permit, and it �s incumbent on the Council to make the case for denial. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilman Schneider, Counc�lman Barnette and Mayor Nee voted in favor of the motion. Counc�lwoman hloses voted against the motion. Mayor Nee declared the motion by a�4 to 1 vote ' ' , REGULAR MEETING OF MAY 18, 1981 � RECEIVING PLANNING COMMISSION MINUTES DF MAY 6, 1981 3� CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT n niini rv tni n��nvrnir -�� nrnnnvr �.�nv PAGE 3 Mayor Nee stated the Planning Corranission has recommended denial of this special use permit to allow a duplex in an R-1 zone. � Mr. Flora, Public Works Director, stated in this area there are essentially single fam�ly homes on three sides and commercial property along East River Road, however, the developer has found it is easier to obtaln financing to rievelop this property as a duplex, rathqr than a single family home and is proposing to construct a building to house two families, wrth suffi cient off-street parking. Mr. Flora stated, at the Planning Commission public hearing, four ne�ghbors were present and voiced comments against thts request for a special use permit. The Planning Commiss�on recommended denial of the special use permit 6ecause they felt there would be adverse environmental impacts on the lot from noise and vehtcle pollution; .�he dangers of traffic from a driveway and multiple cars at that location, and it is out of character with the neigh6orhood MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission for denial of the special use permit, SP �81-06, based on the same crtteria cited by the Commission, as follows (1) The adverse environmental impacts on the lot from no�se anu vehicle pollution; (2) The dangers of traffic from a driveway and multiple cars at that location; and (3) It is out of character with the neighborhood. Further, there were also ob,7ect�ons by the ne�ghbors at the public hearing before the Planning Comission. Seconded by Councilman Schneider. � Mr. Doyrle, the petit�oner, felt this would provide a buffer for the single family homes �n the area. He pointed out the people who would face the front of th�s building d�dn't have a great deal of ob,7ection, and those speaking against it, lived on 75th Way. Mr. Doyle stated he is a f�rm 6eliever in providing affordable housing for people, and in today's market, it �s harder than ever. Councilaroman Moses stated probably the reason people ob�ected to dou6le bungalows was concern for the type of people that may be renting the units. She felt because of the amount of rent, the units would probably be taken care of by those who could afford to live there. Mr. �oyle stated he has the same type of duplex in his neighborhood in New Brighton and they are located on Mississippi about one block west of S�lver Lake Road. Councilwoman Moses felt putting a single family home on that lot didn't make much sense, 6ut theneighbors in the area are ob,7ecting and it makes it difficult to vote for when there are ob�ections. Councilman F�tzpatrick stated one point made was it would make a bad situation worse to put a relatively large butlding on this lot. Mr. Doyle pointed out that FHA has turned down loans for single fam�ly homes � on thase lots because of the high noise level and noxious fumes. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman Ftizpatrick, Councilman Sechneider, Councilwoman Moses, and Councilman Barnette voted tn favor of the motton. ✓ REGULAR MEETING OF MAY 18, 1981 PAGE 4 Mayor Nee voted against the motion. Mayor Nee declared the motion carried by a G to 1 vote. 3"� CDNSIDERATION OF REQUEST FOR LOT SPLIT, LS �81-04, TO MAKE BUILDABLE ��� LOT, 6301 EAST RIVER ROAD, JOHN R. DOYLE: Mr. Flora, Public Works Director, stated the property is on East River Road, east of 63rd and involves three parcels, Lots 12, 13, and 14, Fridley Park Addition. Mr. Flora stated the County is purchasing 32 feet from Lot 12 for additional r�ght-of-way �`or the East River Road improvement, and the request is to split off the east 8 feet of Lot 12 and the west 9 feet of Lot 14 to add to Lot 13. He stated the County is contending, with the lot splits, there would be a 57 foot butldable lot for development. M�. Flora stated the reason for this lot split is to determine if, in fact, there is a b�nldable lot for the remaining prop�rty. He pointed out, with the lot split, the lot would be 57 feet wide by 132 �eet deep, with 7,524 square feet. The remaining lot would have a 71 foot frontage and 9,372 square feet. M'r,. Flora stated if the lot split request is denied, there should be something in the record that states if the County does acqu�re this property, this property be tied together in some way with Lot 13 so the 48 feet would not go tax forfe�t. Mr. Flora stated the Planning Commission recommended denial of this request for the lot split for the follwoing reasons: (1) It �s inconsistant with the neighborhood, (2) It �s a cornerlot which is really too small and too close to a busy highway; (3) Tha traffic problem that could be generated by driveways so close to East River Road, and (4) The adverse environmental impacts from noise and vehicle pollut�on. Mr. Doyle, the petitioner, stated the problem is that the County only wants to take 32 feet and is saying to him he has a buildable lot and all he has to dois ask for a var�ance. He stated the lot split was requested so they would have the necessary total square footage and buildable space. Councilman Fitzpatrick stated he �s Tnclined to agree with the Planning Commission that th�s lot split would create a small lot very close to the highway and force build�ng too close to the highway because of the size of the lot. MOTION by Counc�lman Fitzpatrick to concur with the recommendation of�t�� Planning Corrmission and deny the request for a Lot Split, �81-04, for the following reasons as cited by the Planning Commission: (1) It is inconsistent with the neighborhood; (2) It �s a corner lot which is really too small and too close to a busy highway; (3) The traffic problem that could be generated by driveways so close to East River Road, and (4) The adverse environmental impacts from r�o�se and vehicle pollution. Seconded by Councilman Barnette. Counc�lman Barnette stated he is aware of another lot on East Rtver Road where the same situation applies and where Lhe County came in with an extremely low offer. He stated the County is proba6ly sa��ng the owners have a buildable site, but the City is now saying they are not going to let them build on it. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared'the motion carrned unanimouls��. 1 ' � REGULAR MEETING OF MAY 18, 1981 c� F'+ CONSIDERATION FOR SPECIAL USE PERMIT AUT c�p � IIWFIITNf,S TN R-1 7(1NF• fRTTFRTA RFff1MN � �,�,� . � �.. � � � � 1 � PAGE 5 -FAMILY MOTTON by Councilman Fitzpatrick to direct staff to bring back this item at the same time the Council cons�ders the R-1 zoning. Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motton carried unanimously. MOTIDN by Councilwoman Moses to rece�ve the minutes of the Planning Commission Meeting of May 6, 1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OF AN ORDINANCE ESTABLISHING CHAPTER 217 OF THE CITY Mayor Nee felt one of the ma�n concerns is there has to be a responsible organizat�on to handle the comnon areas and this isn't addressed �n the proposed ordtnance. Mr. Flora, Public Works Director, stated this ordinance only addresses the prelim�nary notifi cation to the City that an owner wants a conversion to a condominium. Mr. Qureshi, City Manager, stated staff would check into the item regarding malntenance of the common areas, with a report back to the Council. MOTION by Councilman Barnette to table this item to the Conference Meeting on June 22, 1981. Seconded by Councilman Fitzpatrtck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously RECEIVING CHARTER COMMISSION MINUTES OF THE MEETING OF APRII. 7, 1981: MOTION by Councilman Schneider to receive the minutes of the Charter Commission Meettng of April 7, 1981. Seconded by Counctlwoman Moses. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unam mously. IDERATION OF A PROPOSAL FOR THE REPLACEMENT OF THE XEROX 7000 AND OTHER I The Council reviewed the proposals for the replacement of the Xerox 7000, as outlined in a memo to the City Manager from Sid Inman, Director of Central Servtces,dated May l4, 1981. h10TI0N by Counctlman Schneider to concur wtth the proposal for the replacement of the Xerox 7000 high-volume and Zerox 4000 im d-volume copiers with a single Kodak 150AF or equivalent high-volume copier. Further, to purchase a low-cost convenience copter for the Parks Department and Assessor's Office and purchase a low-cost convenience copier for the Garage to replace their Toshiba copier, which will be moved to the Nature Center. Also, to charge the acquisition costs of the Kodak 150AF, or equivalent, to the Utility Fund. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. At this '.ime, 8:40 p. m., Mr. Herrick, City Attorney, arrived at the meeting. RESOLUTION N0. 64-1981 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECTS ST. 198D-1, ST. 1980-2 and ST. 1980-3: Mr. Quresh�, City P1anager, stated the proposed assessment to Burlington Northern Railroad for the improvement of Ashton Avenue is $43,803.16. l J REGULAR h1EETING OF MAY 18, 19�1 PAGE 6 Mr. Qureshi stated tl�e_Cpun�il_inay remember,the,re_was some quQSt�on of, the C�ty's authority to use the right-of-way �hat bhe City has been using for a number of years. He stated there was an agreement proposed which 6asically, provided that Burlington Northern would not be assessed if they, in turn, gave the right-of-way to the City. He stated this proposal was submitted to the Council and the Council's concern was what would happen if the railroad makes use of the property for building purposes and for loading and unloading trucks. Mr. Quresh� stated there is also a proposed assessment for the Burlington ' Northern plat south of the freeway, and it is his understanding they do not question this assessment, 6ut only the one for the Ashton Avenue improvement. Mr. John Heron, representing Burlington fJorthern Railroad, appeared before the Counc�l regarding this proposed assessment for Ashton Avenue. He stated the reason there was no ob�ectton at the last meeting, when the public hearing was held, �s that he checked w�th the City staff and was told there was no assessment for Ashton Avenue. Mr. Heron submitted a written formal protest to the Council regarding the assessment for Ashton Avenue. MOTION by Councilman Fitzpatrick to receive the written protest from Burlington Northern regard�ng the assessment for the Ashton Avenue improvement. Seconded by Councilman Schneider. Upon a voice vote, adl voting aye, Mayor Nee declared the motion carried unanimously. Mr Heron stated he felt th�s issue was settled and all that had to be signed was the easement agreement. Mr. Herrick, City Attorney, stated a proposal was presented to the Counc'rl some months aqo wherein he ind�cated th�s matter had been discussed with Burlington Northern and had proposed an agreement that the amount of the assessment and the cost of the right-of-way would be considered to be equal ' and recommended to the Council that the agreement be aclopted. He stated the agreement was not adopted, at that time, ar�d he was not aware this matter was on for assessment, until earlier today, at which time he discussed it dnd there was some question as to whether representatives of the railroad were aware it was on for the Council's adoption. Mr. Herr�ck stated he �nd�cated to staff they better check to see if Burlington Northern was aware Council was going to consider adoption of the assessment roll because he didn't feel it U�as proper to adopt an assessment, if the didn't know it was proposed. Mr. Herrick stated whether the Counc�l chooses to agree that the amount of the assessment and the cost of the right-of-way are equal is entirely up to them. He explained he negotiated it at the request of the City and felt it �,vas a good proposal, but the Council makes the f�nal decision if they want to approve it on behalf of the City. If not, the railroad can appeal the assessment, if they choose. He stated they pe•obably will end up going to court on the question whether the City needs to acquire the r�ght-of-way. He stated, if it is determ�ned the City must acquire the right-of-way, there is the question of the value of it, as well as the assessment cost to Burlington Northern, and the benefit the railroad receives from the improvement. Councilman Fitzpatrick asked if the $43,000 assessment is not patd by Burlington Northern, how it would be paid. Mr. Qureshi stated the staff recommendation would be that no further assessment be imposed on the properties to the west, ' and if it is not paid by the railroad, State Aid Funds would be used that were received in th�s pro,7ect. a REGULAR MEETING OF MAY 18, 1981 PAGE 7 Mr. Herrtck stated there is a possib�lity the r�ght-of-way has been dedicated by use and, in that case, it wouldn't be necessary for the City to purchase it. This �s the question Burlington Northern disputes and if they cannot reach an agreement, he presumes it will have to be determined �n court. Councilman Fitzpatrick stated, in his mind, one of the inconsistencies here �s if that is not deverlopable property, then why is i� such hi9h price property when the time comes to buy the easement. � Mayor Nee asked if they could get �t clarified from Burlington Northern that the property wouldn't be used for any other purpose other than right-of-way. Councilman Fitzpatrick stated the question is if they are going to use Ashton Avenue. Mr. Heron stated he had no idea. Councilman Fttzpatrick stated it seems they have a statement that the street doesn't benefit the property and they don't use the s�reet. Mr. Herrick stated the criteria for benefit ts whether the real estate has a higher market value now that the street is constructed, than before the street was put in. Mr. Qureshi felt there are only two routes to take and one would be to assess the railroad for the improvement of Ashton Avenue or accept the proposal submitted a few months ago. Counc�lman Ftizpatrick stated not only does he belzeve the improvement should be assessed against the railroad property, but the cost of acquir�ng the right- of-way �s part of the cost of the �ro�ect. MOTION by Councilman Fitzpatrick to adopt Resolution No. 64-1981, with the deletion of the assessment to Burlington Northern for the improvement of Ashton Avenue from 61st to 64th Avenue. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried � unantmiously. MOTION by Cauncilwoman Moses to instruct the administration to proceed wtth action to establish whether we need to acquire right-of-way and if so then proceed with acquir�ng the right-of-way for Ashton Avenue from the Burlington Northern Railroad. Se�onded by Counc�lman F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motrion carried unanimously. COMPLAINT RE: BLOCK PARTIES - MR, HJALMER ANDERSON, 1n91 RICE CREEK ROAD. Mr. Anderson, 1491 Rice Creek Road, appeared 6efore the Council regarding a compla�nt on neighborhood block parties. H e requested the Council to eliminate these parties as they go on until the early morning hours and kids run all over his property. Counc�lman Schneider asked when the party was held in his neighborhood and Mr, Anderson stated it was last year. Mayor Nee stated they would try to keep the parties down in their neighborhood, but wouldn't be in favor of prohibiting them. He stated, however, they are entitled to protection and the parttes shouldn't 6e going until the early morning hours. t� � CONSIDERATION OF INSURANCE PROGRAM - PROFESSIDNAL LIABILITY PACKAGE: � MOTION 6y Councilman Schneider to authorize the admim stratton to seek bids for this insurance to include coverage for the City Clerk. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. ;_� REGULAR MEETING OF MAY 18, 1981 �RESOLUTIOfJ N0. 65-19II1 CERTIFYING CHARGES TO THE COUNTY AU�I LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TA `!; � �� � � � � PAGE 8 TO BE PAYABLE MDTION by Councilwoman Moses to adopt Resolution No. 65-1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. ION N0. 66-1981 ENTERING INTO AN AGREEMENT WITH THE STATE OF MOTION by Councilman 5chneider to adopt Resolution No. 66-1981. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the moiion carried unanimously. RESOLUTION N0. 67-1981 ESTABLISHING MUNICIPAL STATE AID STREET: Mr. Flora, Pu61ic Works Director, stated in April, 1980, the City was informed by the Department of Transportation they were turning back 53rd Avenue to the cities of Columbia Heights and Fridley. He stated, essenttally, the City shares the responsibility for one-half the street with the City of Columbia Heights and they have requested that 53rd between Central and University be designated as a State Atd Street. He stated the City's responsibiltiy is .38 of a mile andthis resolution must be intitiated in order to obtain State Aid designation. MOTIOfV by Couniclman Fitzpatrick to adopt Resolution No. 67-1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. LICEPlSES MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. ESTIMATES: MOTION by Councilman F�Lzpatrick to approve the estimates as submitted. 5mith, Juster, Feikema, Malmom & Haskvitz 1250 Quilders Exchange Bldg. Mpl s , MN 55402 For legal services rendered as Prosecutor for the month of April, 1981 Herrick & Newman, P.A. f279 Un�versity Avenue N.E. Fridley, f+1N 55432 For services rendered as City Attorney for the month of April, 1981 Eugene A. H�ckok 545 Indian Mound Wayzata, P�N 55391 & Associates, Inc. Professional Services - P1arch 1981 Moore Lake Restoration Pro,7ect �2,330.00 $2,578.15 $4,546.37 ' , , � �� ' � REGULAR MEETING OF MAY 18, 1981 ESTIMATES CONTINUED: Halvorson Construction 4227 - 165th Avenue N.E. Wyo�ing, MN 55092 Est. No. 3- 1981Misc. Concrete Curb and Gutter and Sla6 Construction PAGE 9 $9,546.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl�, CLAIMS : MOTION 6y Councilman Barnette to authorize payment of Claims No. 121F01 through 134X01. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. AD�OURNMENT: MOTION by Counc�lman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 18, 1981 ad,7ourned at 9 28 p. m. Respectfully submitted, � , ��� � �����_ Carole Haddad Secy. to the City Council Approved• June 1, 1981 � �_� �� 11�,/'L-'L-�,�.ts� William J. Nee Mayor � ;� ������