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08/03/1981 - 00013155� � � THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF AUGUST 3, 1981 The Regular Meeting of the Fridley City Council was called to order at 7:35 p, m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Alleg�ance to the Flag. ROLL CALL. MEMBERS PRESENT: Councilman Barnette, Councilman Schneider, Mayor fJee, Councilman Fitzpatrick and Councilwoman Moses MEMBERS ABSENT. None PRESENTATION OF CERTIFICATE OF APPRECIATION: HARRY CASE, VOLUNTEER FIREFIGHTER Mayor Nee stated a cert�f�cate of appreciation has been prepared for Mr. Harry Case, who has served the City for many years as a volunteer firefighter, and riow he is retiring from the department. He further stated Mr. Case was not able to be present this evening to receive this certificate and, therefore, requested this be forwarded to him. APPROUAL OF MINUTES REGULAR MEETING. JULY 20. 1981: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A�OPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Mayor Nee stated there has been a request to consider a variance for the property at 7110 Rtverview Terrace which has been before and acted on by the Appeals Cammission. MOTION by Counc�lman Fitzpatrick to amend the agenda by add�ng the above item• "Consider•ation of a Variance Request for the property at 7110 R�verv�e�a Terrace" Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carr�ed unanimous3y. UPON A VOICE VOTE TAKEPJ ON THE MAIN t40TI0N, all voted aye, and Mayor Nee declared the motion carr�ed unanimously. OPEIV FORUP�: Mr. George Doday, 630 Lafayette Street, appeared before the Council regarding an ordinance relating to the keeping of livestock, and asked if any changes could be made to the ordinance. Mr. Herrick, City A�torney, stated Mr. Doday had called h�m and had indicated the people liv�ng next door had a hutch or several hutches af rabbtts which he felt was detrimental to the enjoyment of his property. Mr. Herr�ck stated Mr. Doday had raised the question that perhaps the ordinance relat�ng to the keeping of livestock was outdated and probably shouldn't be allowed in the City. He stated he had advised Mr. �oday this would be a question for the Council to consider. REGULAR MEETING OF AUGUST 3, 1981 PAGE 2 P�9r. Herrick felt one question is if there �s a v�olatton of a permit which is causing a nuisance and the other question is whether the City wishes to permit livestock in the City in areas zoned R-1. Mayor Nee stated the Council has received a copy of a letter sent to Mrs. Olson from the Inspection Department and it appears they are not meeting the terms of the ordinance as �t now stands, since a 30 foot separation from ad�oinin9 property is required and they have only 10 feet. Mr. Doday questioned if the Council had any intentions of changing the ordinance. Mrs. Helen Doday stated they worl: hard to keep their property beautiful, but the faiaily next door had rabbit hutches next to thei�° bedroom window. She stated s�nce they asked them to inove the hutches, they have been harassed. Mrs. Doday stated she wouldn't care if they had the rabbits, as long as they didn't have the odor. Mayor Nee stated an inspection was made of this property and the owners were asked to make some revisions regardin9 the handling of manure, etc., and if this doesn't solve the problem, the Council may have to take a look at the whole orduiance. Councilrnan Barnette quest�oned how the manure is disposed of when the hutches are cleaned. Mr. Doday stated it is thrown about 20 feet from his kitchen window. Mr. Doday further stated they have had 7 windows broken and the whole thing started because they didn't want the rabbits under the�r window. Councilwomari hloses stated she had talked wtth Mr. Doday last week and felt he had made some very good points and is concerned and will check into it further. Mr. Gordon Fanberg, 8330 Broad Avenue, stated he has seen Mr. �oday harassed by the Olson childern who rtde bikes over h�s yard and call him names. He stated they also come into his yard with their btkes, play their games in the street, and throw rocks at your car if you get in their way. Mayor fJee stated the Counc�l would reV�ew the ordinance regarding the keeping of livestock and would do someth�ng aboui the kids playing in the street. Mr. Herrick felt �t might 6e appropriate to review this ordinance, as long as they are in the process of rev�ewing the zonin9 ordinanees, to determine if th�s is still a val�d ordinance for the City. Mr. Qureshi, City Manager, stated they can take action to correct any ordinance v�olations, however, the Council would have to consider whether they wish to continue or make any changes to the ordinance. Counctlwoman Moses stated srie wouldn't want this sttuation next door to her property and in that perspective, would like to take a look at the ordinance. Councilman Fitzpatrick stated, evidentally, the rabbits were kept closer than 30 feet from the property line and asked �f compliance with the ordinance was ever checked. Mr. Qureshi stated the owners do have an extra lot, but chose to keep the hutches closer to fflr. Doday's property. Councilman Schneider stated it seemed the whole issue is if the ordinance should be on the books and, if it is pe rniissible to keep livestock, how large the dreashould be before it is allowed. � � '- REGULAR MEETING OF AUGUST 3, 1981 PAGE 3 Mr. Qureshi stated if the Council felt there should be a larger area required, this could be added into the ordinance. He po�nted out this is the first complatnt they have had on the ordinance, and it could be referred to the Planning Commission for their recommendat�on. Mayor Nee asked for a report at the next regu1ar meeting regarding the inspection and what has been accomplished. He further requested the Police Department be advised of the complaint regarding the children playing in the street, and the possibi1ity of implementing the crime watch program for this area. ' CONSIDE AT 7110 ION OF VERVIEW PROPERTY LOCATED Mr. Quresh�, City Manager, stated the Board of Appeals has recommended approval of this variance by a 3 to 1 vote, and the Planning Commission has received the minutes of the Board of Appeals relating to this var�ance request. Mr. Flora, Public Works Director, stated the variance is for a porch, which is being constructed on the back of this property, to extend 2-1/2 feet into the 100 foot setback. Mr. Flora stated there was some discussion at the hear�ng before the Board of Appeals as one neighbor felt the variance would preclude her from viewing the river from her window. He stated the property owner to the South did not ob,7ect to the variar:ce and, based on discussions, it was felt the porch extension really d�dn't affect the ob�ecting owner's view. Mr. B�11 t�1ay was present at the meettng and submttted a drawrng of the proposed addition. Councilwoman Moses stated she understands Mr. May had the footings poured before he realized there was a 100 foot setback required. Mr. May stated he had asked for the variance to be considered this evening because , at the Board of Appeals meeting, Ms. Gabel stated the item would be before the Council this eve m n9. He stated he had called the City Hall th�s mormry and found it wasn't on the agenda, and had requested it be considered s�nce it has been five weeks and he has not been able to work on the addition. � � MOTION by Councilman Fitzpatrick to concur with the recommendation of the Board of Appeals and grant a vartance of 2-1/2 feet into the 1Q0 foot set6ack requlred for the property at 7110 Riverview Terrace, for the purpose of adding an enclosed porch. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSTNESS: CONSIDERATION OF 19£32 PRELIMINARY BUDGET INCLUDING REVENUE SHARING AN� SETTIP niioi rr urnnrnir rznn nnrnc�r i� �noi. MOTION by Councilwoman Moses to receive the 1982 preliminary budget and set the public hear�ng for Au9ust 17, 1981. 5econded by Councilman Schneider, Upan a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. e MOTION by Councilman Fitzpatrick to watve the perm�t fee for the Riverwood Community Center si9n. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �;.� REGULAR MEETING OF AUGUST 3, 1981 PAGE 6 Mr. Fiora stated the resolution would call for the City Attorney to acquire the easements necessary for the s�dewalk construction. Mr. Quresh�, City Manager, said it is hoped the property owners would give them the easement and they would not be assessed for this easement cost. If they do not, however, then the City would acquire the easement and assess them the easement cost also. Mr. Herrick asked if the owners were agreeable to donate the easement for the sidewalk and, in turn, have an agreement they wouldn't be assessed for the sidewalk and the amount of land donated for a sidewalk be considered towards their space requirement when tt comes to asking for a building permtt, if this would be agreeable as far as the Council ts concerned. Mr. Quresht stated �f they gtve the easement, they would only be assessed their proportionate cost of the imr'rovement. Mr, Herrick stated he was not sure this would be agreeable. Mr. Herrick stated he wouldn't feel comfortable handling an eminent domain case because of his association with the property owner andfif these proceedings were necessary, he felt the matter should be turned over to hts associate. MOTION by Councilman Schne�der to adopt Resolution No. 81-1981. Seconded by Councilman Barnette. Mr. Qureshi sug9ested the words "City Attorney" could be changed in the resolution. Mr. Herrick felt it was not necessary and he could siniply ask his associate to handle thts item. UPON A vOICE VOTE,7AI�EPd ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed urianimously. �� RESOLU ION N0. 82-1981 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ' �� T A�IfFRT1CFMFNT F�R RT�C ST�RM SFWFR AN� �RATNAfF PR��1Ff.T N�. 13i• - Mr. �=1ora,_Pu�lic Works Direc�or,_stated the.City has,been�working �itM_ _� Hickok and Associates to nrepare plan� ard �pecif�cations for storm sewer and drainage pro�ect No. 132. He stated the Nru�ect calls for the elimina- tior�,of the exist�ng storm water ditches from the beach north, places them �n buried p�pe, and diverting the water into Rice Creek. Mr. Flora requested the Council consider this resolution which would advertise for bids for this pro�ect. Councilman Schneider asked if there were any changes from the or�ginal proposal. Mr. Qureshi stated there is a little more piping than what was shown in the plans. He stated Mr. Flora �s working with Hickok and Associates to review the plans and ad�ust them �f they feel it is necessary. Councilman Barnette asked if the C�ty has resolved the problem with the property owner who hadn'f given an easement. Mr. Qureshi explained they are still negotiat�ng with them. MOTION by Councilman Schneider to adopt Resolut�on No. 82-1981. Seconded by ' Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unan�mously. � � � � "�:� � � REGULAR MEETING OF AUGUST 3, 1981 ESTIMATES: PAGE 7 MOTION by Counc�lman Fitzpatrick to approve the estimates as submitted. Allied Blacktop Company, Inc. 10503 - 89th Avenue Narth Maple Grove, MN 55364 Partial Est. �1 - Street Improvement Pra�ect No. St. 1981-10 N.D.H. Asphalt 700 Industry Avenue N.W. Anoka, MN 55303 Partial Est. #2 - Street Improvement Pro,7ect No. St. 1981-1 Partial Est. #1 - Street Improvement Pro,7ect No. St. 1981-2 �61,829.40 $63,488.46 $ 45,54Z.24 $125,317.86 Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanaimously. LICENSES: MOTION by Councilwoman D1oses to approve the licenses as submitted and as on f�le in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unantmously. CLAIMS: MOTION by Councilwoman Ploses to authorize payment of Claims No. 187561 through 211R11. Seconded by Counc�lman Barnette. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. AD�OURNMENT. MOTION by Councilwoman Moses to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the Regular Meeting of the Fridley City Council of Auqust 3, 1981 ad�ourned at 8:35 p. m. Respectfully submitted, "�� �/�=a+--�`__, Carole Haddad Secy. to the City Council Approved: Au9ust 17, 19II1 C`� �`i, i.�G��Cy�'� 4 ,,'l: '� �� Wtlliam �. Nee Mayor i /� , 1��� i �