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03/22/1982 - 00012978u� �� �M � � A THE P1IiJUTES OF THE FRIDLEY CITY COUMCIL OF P;ARCH 22, 1982 The Fridley City Counc�l Meeting was called to ordei° at i•35 p. m. by Mayor Nee. PLECGE OF ALLEGIANCE: Mayor Nee led the Counc�l and aud�ence in the Pledge of Allegiance to the Flag. ROLL CALL. P9EMBERS PRESEfJT MEMBERS A65ENT: Councilman Earnette, Councilman Schneider, P1ayor Plee, Councilman Ilamerm k and Councilmar Fitzpatrtck None APPROVAL OF P1IfJLTES - COLINCIL MEEiING OF MFlRCH 8, 1952 P40TION by Councilman Schneider to approve the minutes of P�larch 8, 1982 as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously. ADOPTION OF AGENDA Mayor Nee requested Item 5, "Cons�deration of Appointment to the Enerc�y Commission" be constdered after Item 2 on the agenda. MOIICiJ by Councilman Schneider to adopt the agenda as amended. Seconded 6y Councilman Hamermk. Upon a votce vote, all voting aye, P1ayor PJee declared the motion carried unam mously. OPEN 1=0RUM, VISITORS: There was no response from the audience �ander this item of bus�ness. PUQLIC HEARINGS: PUBLIC HEARItdG DId AN �RDINANCE REPEALIfdG CHAPIER 217 OF THE FRICLEY CITY CODE AfVD REPLACING IT WITH A NEW 217 PROHIBITIfJG CO�JUERSION OF REPITAL P1ULTI Pi0TI0N by Councilraan Schneider to waive the reading of the public hearira nottce and open the public hearing. Seconded by Councilman Barne2�e. Upon a votce vote, all voting aye, P9ayor Nee declared the moiion carried unani- rnously and the publ�c hearing opened at 7�38 p m. Playor Plee stated there is a proceeding provided for in the State Statute for a City to cons�der placing a temporary control or moratortum on condominium conversions. Mr. Flora, Public Works Director, stated this ordinance establishes a re�� Chapter 2ll of the Code which would prohibit the convers�on of rertals to condomin�ums for a period of 1B months. He explained this is provided for u� the State law, tf a Ctty can show there is a shorta�e of lou,� and moderate income houstng, and the study done has indicated there is such a shortage tn the City. P9r. Boardman, City Planner, stated the morator�um on conversions is requested in order for further study and to allow d�scuss�on w�th apartment owners re9arding provtsions for low and moderate income hous�ng. Mr. Boardman introduced Mr. Guy Peterson from the Metropol�tan Council who presented an overview of the hous�ng market �n the Twin Cities area. � Mr. Peterson stated the metropolitan area will have to increase its hous�ng stock almost 25 percent m the 1980's in order to accommodate the ant�cipated growth in households. Mr. Peterson stated th�s would mean the addition of ll8,000 housing um ts to the current 744,�52 um ts. Mr Peterson stated there vrill also be large increases in the age group of 20 to 30 year olds who will be in the market for hous7ng. Mr. Peterson pointed out that fewer apartments are being constructed, due to inflat7on and high interest costs, and the t�ghten�ng rental market could pose a dilemma for th�s large group of people look�ng for housir�g. 5� COUNCIL MEETING OF PIARCH ZZ, 1982 PAGE 2 Mr. Peterson then reviewed the costs of purchasrng a home�and the high payments at today's interest rates. He also reviewed some of the rental rates„ The Metropolitan Counctl hasn't done much study on condomin�um converstons, however, the University of Minnesota study indicated that of the condominiums in the area, 56% of them were conversions. He stated the Twin Cities ranks fifth in the nat�on for condomim um conversions and three out of every four conversions has occurred in the suburbs. Mr. Peterson stated, as far as condominium convers�ons, it comes down to where each individual community has to look at their rental stock and � how conversions would impact the rentals available for low and moderate income persons. Mr. Boardman stated the City has 4,032 rental um ts in the City, as classifted by Anoka County. He stated the vacancy rate in the City has been yoing down stnce 1975 and the current vacancy rate reveals there is a tight renta] market at this t�me. He stated this vacancy rate, along w�th the decrease in construction of new housing units, vnll pose a real problem for persons who will need housing in the near future. Mr. Boardman stated this downward trend in construction of rental units is expected to continue in the foreseeab7e future because of economic conditions affecting the housing industry. Nlr Boardman stated, at present, the City has a supply of low and moderate income rental u m ts as about 78% of the un�ts fall with9n this range. He stated the City also has a supply of large rental complexes, however, if these are lost by conversions, there could be a problem with a supply of rental units. Nr. Boardman stated the University of Minnesota study has shown that 73% of the people moved when their rental unit was converted to a condominium and 54% moved out involuntarily. He further stated that 86% of those who moved found a satisfactory place in which to iive, however, 58% experienced an increase in housing costs after their move. He stated of the persons � who moved into these condominum conversions, 48 percent were under 36 years old and had inr.�Gnes that ranged from 520,OOD and up and 65 percent were professionals ar mai3av_ers. Mr. Boardmari stated it is felt the fact�rs 7n the City are right for conversions and, even though most of the conversions have taken place �n the south part of the metropolitan area, it would happen soon in Anol<a County. He stated the 18 month moratorium is recommended and, during this period of time, the City should analyze how the condominium conversions can provide housing opportunities for low and moderate income persons. Mr. Boardman felt there are ways to work with the owners to solve some problems and allow conversion to take place. Mr. Boardman stated if sameth�ng can he worked out, then the Council should take the necessary steps for contra7 af condom7n�um cnnversinns. Councilman Schne�der stated there is also anoth2r problem with condomin�um conversions and that is the people who are currently livtng �n these units, as statist�cs show that 54% move invo]untarily. Councilman Hamerm k asked Mr. Boardman what he feels is the City's success in having a rental market for lova and moderate income persons. Mr. Boardman stated it is because of the rent structure, as compared with other metropolitan areas. He stated a lot of the rental housing was built 20 to 25 years ago, at lower interest rates, therefore, owners are able � to keep the�r rents at a iower rate, as compared w�th some of the units built in the last several years. � zA COUNCIL MEETING OF MARCH 22, 1982 PAGE 3 Councilman Hamernik stated that, currently, Fridley's property owners are doing a gc�od ,7ob at prov�ding rental opportum ties in comparison to other cittes and he had some quest�on as to putting on this moratorium because of what tt may do to the market. h1r. Boardman stated that 781 of Fridley's rental units are pr�ced so they are available to low and moderate income persons, however, the C�ty is still looking at the estimated need of 489 additional units. � He stated if thts need for addttional housing cannot be met with construction of new un�ts, they will have to make do Nn th existing units and he is concerned if there are conversions, �t will be nec- cessary to work w�th the owners to try and solve some of the problems. Councilman Schnetder stated he real�zes the law says the City only has to consider the tmpact of conversions on low and moderate income housing, however, the concern for the people now liv�ng there should be taken into consideratton. Mr. Herrick, City Attorney, stated the references to the report ent�tled, "Housing hiarket Analysis for the City of Fridley and the Effect of Condomin�um Convers�on on that Market" are at the City Hall and ava�l- able for Council's review. He suggested that Council, before making a determination, review and become fam�liar with these references �n their deliberat�ons. Mr. Bill Shaw, 5670 7th street, asked if other Gommu m ties rn the area have,iCondpnn �num Conversion Ordimances. Mr. Peterson of ine Metropolitan Council stated he believed Shoreview and 6Jayzata have don? s�o and knows other c�ties are consider�ng �t. Mr. Herrick, City Attorney, stated the League of Cities p�ro vided copies of ord�nances of other commun�ttes who adopted such a moratorlum, but he is not sure if these were in the metropolitan area. ' Mr. Shaw stated he felt any conversions would be better for the City, and asked if only 60 or 90 days could be taken in order to have time for a committee to study the ramifications. hir Shaw stated he felt any morator�ums are bad for the City as �t starts a control system whtch only leads to mare controls. He stated the only buildings that can be built today are those that have the potential of conversions. He felt rents would go up because the owners are business people so they will get the return out of the property either by conversions or increased rents. He felt an 1S month morat�r�um would on7y raise the pr�ce of a condomin�um fior those who may 6e interested in buying one. Mr.Daa �avis, 1601 Innsbruck Drive, was concerned whether any condom�nium conversions would allow childern or only adults. P9r. Shaw stated under the discrimtnation laws, it wouldn't be possible to discriminate against chtldern and felt a lot of the units which may be converted would be suitable for persons with one or two childern. Mr. Robert Manary, 1601 Innsbruck Drive, stated he was a resident of the Black Fcrest Apartments and it was a m ce place to live and the residents didn't want to leave. He stated h1r. Shaw spoke to the effect that if there was an 18 month moratorium, prices may go up for condomim ums. � P�Ir. Nianary felt prices may go up, however, these may be offset by lower interest rates, as he felt the government w�ll have to step �n to lower interest rates or else there ulouldn't be any new construct�on. r P COUNCIL NiEETING OF MARCH 22, 1982 PAGE 4 Mr. P�anary felt a moratorium might be a good idea at th�s point to give people time to start look�ng for other alternatives and also give Council time for a study and plan for the City's future. Councilman Barnette asked Mr. P1anary if he felt the Counc�l can dictate to an owner what he can do with h�s pr�vate property. Mr. Mannery felt the Council was the decis�on making body which should determ�ne what k�nd of a City this �s going to be. Mr. Larry Chevalier, 6906 Hickory Drive, felt the City should 6e looking � at some affordable housing persons can buy. He stated he wou7d hate to see the 18 month morator�um, however, if the Counci7 has a concern, perhaps a 60 or 90 day period should be taken to study the situation. Mr. Gary Saloinon��on, representing the @1innesota Mu1ti-Hous�ng Association, requested the Council table their decis�on on the moratorium in order to develop a committee cons�sting of property owners, renters, and those who purchased condoininium units in the City to put together a study and evaluate it spec�fi cally to the City of Fridley. He felt the Council should cons�der the importance of establ�shing primary data that comes from specific research done by the C�ty. He stated the issue is what vacancy percentage is rtght or appropriate for the City of Fr�dley, Counc�lman Fitzpatrick asked Mr. Solomonson if he represented the Multi- Hous�ng Assoc�at�on as legal counsel. Mr. Solomonson stated he was simply a member of the commtttee concerned about a moratorium and negative facts. Mr. Solomonson stated the comments made that suburban areas are more pr�me for conversions is not really accurate, as these areas are not the most sought after for condom�nium conversions. He stated the Inmovers Stutly done by the University of Minnesota was stacked against the Dutmovers Study done by HUD. He stated there has been no correla- tion of the data and the two different studies are being compared. � He felt primary research on Fridley is more important than studies done in the metropo7�tan area. Mayor Nee stated what the Council ts planning is to do the primary research to which h1r. Solomonson is referr�ng and to have publ�c rnteraction. He stated the problem on his m�nd is that it seems the City has some obligation to provide a rental stock in the community. He stated there are no laws against buildin9 a condominium, but the existing rental propert�es were bu�lt as part of the des�re to provide rental stock for the commun�ty. He pointed out if decis�ons are not made regarding condom�nium conversions, all the planning in the past to provide rental property, would be el�minated. Mr. Solomonson stated, as a member of an associat�on that largely represents rental owners, he thinks the City has the responsibility to determine what rental stock should he available for rental housing. Mr, Qruce Mart�n, Vice-President and General R�anager of Vesco Corporation, stated �t is only throuqh a conversion that housing ownership can be made available to low and moderate income persons He stated his f�rm was involved in new construction, as well as conversions, and the problem faced by the Council now is to balance the various interests of persons who are rent�ng and want to keep the rents low and those who will bPseek�ng homes �n the next several years. � � �n COUNCIL MEETING OF MARCH 22, 1982 PAGE 5 Mr. Martin felt the Council should have accurate and complete data before making such an important decision as a morator�um on condoimnium convers�ons. Councilman Schneider po�nted out to Mr. Martrn that the Counc�l does have specific data for the City of Fridley. Ms. Sue Felkey, 1601 Innsbruck Drive, PJ.E., asked what kind of an � �ncome is considered low to moderate and what k�nd of an income �s needed to purchase a condomonium. She felt they were forgetting about the s�ngle person. M1r. Solomonson stated the cost would depend on how large a un�t was purchased and to what exten�t the owner partic�pated in the financing. Mr. Planary felt the very minimum price would be a40,000 and felt the monthly costs would 6e 5700 plus. Mr. Herrick, City Attorney, felt s�x months should be the shortest period of time to expect tca get any substantial group together and have them meet and consider th�s complex �ssue, with a report back to the Council. He stated, �f Counctl is �nterested �n p�cking up on some of the suggestions, he would recommend that a minimum would be an ordtnance adopted for a six month period, with the understand- ing that when a report is received and depending on the results of the study, the period would lapse or if it seems there is a serious problem and the City would benefit on the continuation of the moratorium, another ordinance be adopted for a longer period of time. Counc�lman F�tzpatrick stated he didn't see the difference between an 18 month moratorium that could be repealed or a six month one that could be extended. � Mr. Robert Gorrell, 1601 Innsbrucdc Dr�ve, stated he felt the Council has the right to tell the owners what to do for the 6est interests of the City. He stated the rents they are paying in Fr�dley are average, however, there ts a shortage of rental units m Fridley. Mr. Gorrell stated he would l�ke the opportun�ty to serve on a committee to review the affects of condomonium conversions, as no one has told them what will happen. Mr. Mike Larson, 639Q Starllte Blvd., stated he could sympathize with persons who are not in a position to own their own hame. He stated, at the same time, the way things are today the only way they might be able to own real estate ts through condominium conversions. h1r. Larson stated he would l�ke to recommend a one year moratorium and have the planning staff make a detailed study so the Counc�l has all the facts in order to make a decision on condominium conversions. Mrs, Laura Krois, 1601 Innsbruck Drive, asked about poverty level and handicapped housing. Mr. Boardman stated he knows of only one 25 unit building being constructed in Coon Rapids. Mrs. Krois stated they had over 40 appl�cants for this building. Mrs, Paulette Reid, 101 Sylvan Lane, stated she was m support of the � moratorium. No other persons in the audience spoke regarding th�s moratoriuin on condomintum canversions. v �. COUfJCiL MEETING OF MARCH 22, 1982 PAGE 6 MOTION by Councilman Schne7der to close the publ�c hear�ng. Seconded by Councilman Fitzpatr�ck. Upon a vo�ce vote, a71 vot�ng aye, Alayor Alee declared the motion carrred unanimously and the publtc hearing closed at 945p, m. Councilman Schne�der felt because of the number of people present this eve m ng, perhaps the Counc�l should take some formal act�on or poll the Counc�l on their feel�ngs on this tssue. h1r. Herrick, City Attorney, stated he would prefer the Council not take action this evenTng so they may review the record, and for the item to be placed on the Council's agenda for the April 5 meeting. � PUBLICTHEARINGnON REZONING REqUESTc ZOAc#82TO1TTOTREZOMErFROMnM-p TO MOTION by Councilman Barnette to waive the reading of the public hearing not�ce and open the publ�c hearing, Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Mee declared the motion carried unanimously and the public hearing opened at 9c45 p. m. RECESS A recess was called by Mayor Nee at 9:45 p. m. P.ECOPJVENED. Mayor Nee reconvened the meeting at 9:55 p. m. All Council Inembers were present. Mr. Flora, Public Works Director, stated th�s �s a request for rezoning of property from M-1 to R-2, with a small portion zoned R-1, located east of the Burltngton Northern tracks and south of Mississippi Street. Mr. Flora stated at the public hear�ng before the Planning Comm�ssion a lot of ob�ect�ons were raised 6y neighboring residents regarding the proposed development. Soire of the concerns were the sewer capac�ty, addit7onal traffic, and the impact on property values in the area. Mr. Flora stated the City has not had any sewer problems �n th�s area since 1977 and felt there is capacity there to handle this development. He further stated that the Assessor has indicated that a rezoning to R-2, instead of the M-1, would enhance property values, and it was felt there would be less traff�c for R-2, rather than the M-1 zoning. �r Flora stated the Planning Commission recommended den�al of this rezo m ng request because of the existing density and traffic problems �n th�s area. Nlr, Doty, the applicant, stated what they are proposing is a down zoning from M-1, light industr�al, to R-2. He stated it is their contention that the R-2 is preferable to M-1 because the area �s ad,7acent to a resident�al ne�ghborhood, and R-2 zoning would be more compatible. Mr. Doty stated, in checking the sewer problem, it was determ�ned there �s capacity there and regarding the traff�c, whenever you develop property it does increase the traffic. He felt, however, if the property is developed as M-1, there would 6e more trafftc than if it is developed as R-2. � � � ' COUNCIL MEETING OF MFlRCH 22, 1982 PAGE 7 Mr. Doty stated there would be more than adequate off-street parking prov�ded and there is no plan for any on-street park�ng. A lady in the audience asked if these double bungalows they are proposing would be owner-occupied or rented. Mr. Doty felt it would be a combina- tion of both as he had inqutres from several persons rn the Sylvan H�lls area, He explained the best f�nanc�ng availa6le today is for owner-occupied double bungalows so, deal�ng with reality, the properties will probably be owner-occupied. Mayor Nee asked if they could build these untts as condominiums. Mr. Doty stated he has talked to staff about a zero lot line, and if this can be done, he would be m favor of it. Ne stated if they construct condomim ums, it would allow them to place two ind�vtdual mortgages on each property. h1r. Doty stated at the time he approached the City staff on this, there wasn't a condominium ordinance in the City. Mayor Nee felt the persons present should have an opportunity to review the floor plans submitted for the propo�ed double bungalows, therefore, a recess was called. RECESS: Mayor hdee called a recess at 10:15 p, m. RECOfJVENED: Mayor Nee reconvened the metting at 1D:30 p. m. Al1 Council members were present. Mr. Herrick, City Attorney, stated the question before the Council is whether to rezone the property from industrial to R-2 to permit double � bungalows. He stated on any rezoning, the Council has broad discretion on vdhether or not to approve the rezoning and they have to take into consideration the location of the property, the uses that are ad�acent to �t, the character of the neighborhood, etc. � He stated the question before the Council is if it makes more sense to develop th�s property as industr�al or residential. He stated there is broad discretion, however, the limiting factor is that the City has to provide the owner the right to make some reasonable development of the prope�ty. Mr. Herrick stated one of the questions asked of him was �f the City could prevent the owner from developing the property, as it is now zoned, which is M-1, 6ecause of the road which leads into the property. Ne stated the City has an o6ligation to provide suitable access to a person's property so he can make use of it. Councilman Hamer m k stated if the property is developed as M-1 and it is determined the street has to be up-graded, who would be responsible for the cast of the street improvement. Mr. Herrick stated the general policy, as far as installat�on of streets, is they have 6een constructed and assessed aga�nst those properties that benefit from the improvement. He stated the issue here would be that the City would have to make a determination whether the improvement would be paid out of general revenues or by spectal assessment. He stated, if it is by special assessment, the Council would have to determ�ne what prop- ert�es benefit from the lmprovement. He pointed out the property and the City is required to put tn some type of access. He stated the s�tuat�on here �s the property �s zoned rndustrial, with really only a resident�al street going to it, �n terms of the weight requirements. Mr. Herr�ck stated, the City, in turn, may argue that this owner is the only one that is benefitting, and the outcane may have to 6e determined in court. 7� -. ,,,i �, COUNCIL MEETING OF MARCH 22> 1982 PAGE 8 Mr Mike Larson, 6390 Starlite Blvd., stated that once this property ts rezoned, you could have several different contractors work�ng on this development and there are no assurances the buildings proposed this evening would be constructed. h1r. Larson pointed out that the homes on Starlite Blvd. virtually follow certa�n setbacks and two of the proposed structures will be in the backyards of the homes on Starllte whei°e their lanscaping begins. Mr. Larson stated he hasn't seen any definite plans from the applicant, Mr �oty. He stated most of this area is sTngle famtly homes and residents are concerned about the 6est poss�6le zoning on this parcel and will not settle for anythrng that w�ll hurt thenr property values. Mr Larson stated Mr. Qoardman had stated single family homes would be desirable for th�s area and he agrees. He stated he would like a recommendation from the Council as to how to proceed, as he doesn't want to see the R-2 zon�ng approved. ,� gentleman living on Mercury �rive stated his main concern is that whatever the zon�ng is for the parcel, it should 6e one that creates the least amount of tmpact on the City and the best for the residents who live in this area, P1r. Frank Liebl, 222 hlercury Drive, stated he wanted to be sure there isn't a problem created w�th the sanitary sewer. He felt by adding 14 units, thTS would create some drainage problems. He stated he would l�ke to see a plat to know exactly what would be constructed and would like to see an R-1 development, as he wanted to keep Sylvan Htlls stri��iy residential. Mr. Herricl< stated the City has the authority to have th7s as R-1 zo m rig, but didn't know of any land that has been rezoned by the Council, without petitlonfran the o�vner. Mr Gary Wellner, the applicant for the rezoning, stated �t seems to h�m the C�ty has the responsibil�ty to provide for them to develop this property and a sewer system to handle the drainage, the same if they were developing �t as M-1. He pointed out again they are accually requestTng a down zoning of thTS property, He stated, in discussion of the itein before th�s on the agenda, it seems there was a need for housing �n the C�ty, and there �s now a proposal 6efore the Council for additional houstng. He stated if there �s a way to get this plat tied into the rezon�ng, he would be in favor of �t. Mr poty stated when the proposed plat was submitted, he was told you can't tie th�s in with the rezon�ng. Mr. Doty stated he felt th�s area was not real desirable for single family homes because of the ad�acent �ndustrial use and the ap�rtment buildings and a lesser quality home may have to be bu�lt, such as those with the FHA 235 program. Mr. �ennis Johnson, Starlite Blvd., stated he was concerned about the traffic on his street wh�ch is very heavy. He felt the owners of the property should have found out what the residents wanted on this parcel before they purchased the property. Mrs. Paulette Reid, 1D1 Sylvan Lane, stated she wanted to maintain the zon�ng wh�ch is there now. � � � � � ,� � COU�dCIL MEETING OF MARCH 22, 1982 PAGE 9 Mr, Qureshi, City Manager, stated �t has been indicated by the City Attorney that there is some obligat�on on the Counc�l's part to provide access so owners can develop their property as �t is zoned, which is currentiy M-1. �4r. Qureshi stated, when th�s matter was before the Planning Commission, he understood Mr. Doty was going to approach the neighborhood regarding a proposal that was reasonably acceptable. He felt Mr. Doty should meet wtth the neighborhood re�tdents and try to come up vdith a proposal that is acceptable. Mr. Qureshi stated, �f the neighborhood feels they want to allow double 6ungalows, with certain restrict�nns s the Counc�l has the tools to assure they will be developed as agreed upon. He felt the residents of the area and the owners should be g7ven a chance to work out this problem. Councilman Hamernik stated he wanted the people to understand h�s position, and �n other rezo m ng cases, he has taken the pos�t�on he feels it 7s necessary to have neighborhood agreement on a rezoning quest�on. Counc�lman Hamernik stated, based on that position, his recommendation to Council, at this point, would be not to approve the rezoning, but he does have some reservations. He stated if the Council den�es the rezoning, he is not sure there would be total agreement of what could go on the property under the current zoning of M-1. He stated the developer could dec�de to put in a light indusi,r�al building and the City would have no recourse. He felt there may be ways to come up with an agreement that would allow this property to develop in a way that is satisfactory with most of the residents in the area. Counc�lman Hamernik su9gested a meeting on March 30, 1982 with the residents and the owners to try and come up with an alternat�ve. Mr. Mike Larson stated he was not aware there was a way to tie in a rezoning with a plat, but felt they had nothing to lose in going along with the meeting. Mr. 4ureshi, City Manager, was also asked to attend this meet�ng wh�ch will be held Ptarch 30, 1932, 7•30 p, m. at the City Hall, Community Room 1. Ni0TI0N by Councilman Hamerm k to continue th�s public hearing to Apr�l 5, 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. COIVSIDERATION OF APPOINTP1ENT TO ENERGY COP7MISSION (TABLED 3/E/82): MOTION by Councilman Hamernik to nomtnate Bill Jordan for appointment to the Energy Commiss�on. Seconded by Councilman Garnette. Councilman Hamernik stated h1r. Jordan has indicated an �nterest �n serving on the Energy Commission and Council has his resume and his qual�ficattons are very impressive tn the field of enerqy conservation. Councilman Hamernik stated he believed Mr. Jordan would be a good addition to the Energy Commission. P40TIOPJ by Councilman Barnette to cast a unan�mous ballot for the appointment of Bill Jordan to the Energy Comm�ssion. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. ii l� 1� P ti; � ��, L', � �'� p�s `;' �,;� LOUNCiL MEETING OF MARCH 22, 1982 OLD BUSIfVESS: PAGE 10 Mr. Boardman, City Planner, stated an appraisal is being done on the property by the Hous�ng & Redevelopment Author�ty. Councilnian Schne�der sta�ed Mr. Burandt, the petii�oner for ihe rezom ng, �s in agreement with cont�nuing th�s �tem to Apr�l 19, 1982. MOiION by Councilman Schneider to tabie the second reading of this ordinance for rezoning appltcation ZOA #82-02 until April 19, 1982. Seconded by Counc�lman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 220 OF 7HE FRIDLEY CITY CO�E MOTION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 747 on the second reading and order publication. Seconded by Councilman Schnetder. Upon a vo�ce vote, all voting aye, P1ayor Nee declared the mot�on carr�ed unanimously. NEW BUSIIdESS: RECEIVING CA6LE TELEVISION COMMISSION MINUTES OF FEBRUARY 18, 1982: P70TION by Councilman Barnette to receive the minutes of the Cable Television Commission Meeting of February 18, 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on �arried unan�mously. RECEIVING CA6LE TELEVISIDN CDMMISSION MINUTES OF FEBRUARY 25. 198 RATION OF A RESOLUTIOPI TO AUTHORIZE SQLICITATION OF FROFOSAL P�ayor Nee asked this item be tabled and discussed at the Conference Meeting and brought on the Counc�l's agenda for the Apr11 5, 1982 meeting, MOTION by Counc�lman Hamernik to table this ttem to the April 5, 1982 Council�meeting, Seconded by Counc3lman Fttzpatrick, Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman F�tzpatrick to receive the minutes of the Cable Television Commission Meet�ng of February 25, 1982. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, P1ayor Nee declared the mot�on carried unanimously. RECEIVING PLANNING COMMISSIOfd M UJUTES OF MARCH 10, 1982: The Council rece�ved the minutes of the Planning Commission Meet�ng of March 10. 1982 and considered the followinq items: � AQ, CONS 5 � � � �� a) COUNCIL MEETING OF P1ARGH 22, 1922 PAGE 11 Mr. Flora, PUbltc Works Direcior, stated this �s a request for a lot spltt for property just North of Aiississippi at the intersect�on of hlisstssippt Street and Oakley Street. He stated the request �s to spl�t off the back port�on of the extst7ng lot to produce two lots. He stated staff has reviewed this lot split and has no problems, however, a bikeway/walkway easement should be requ�red along Mississipp� Street. � Mr. Flora stated this ttem was reviewed by the Planning Commisston and they recommended approval subject to the lot split being conditioned upon the applicat�on for rear yard var�ances and that the C�ty retain a ten foot bikeway/walkway easement on P1isstssippi Street. Mr. Flora stated at the March 16 Appeals Cominission meeting, the request for the rear yard variances was made and granted, therefore, the appltcant has compleied the stipulation regard7ng the var�ances. MOTIDN by Councilman Hamer m k to concur ti:ith the Planning Commission recommendation and grant Lot Splii #82-02 sub�ect to the granting of the rear yard variances; the City retain a ten foot bikeway/walkway easementon Misslssippl Street; and the removal of the ex�sting garage on the lot ltne. Seconded by Councilman Schneider. Upon a voice vote all voting aye, Mayor Nee declared the motion carr�ed unanimously. �� CONSIDERFTICP' OF LOT SPLIT REQUEST, L. S. ;82-03, TO COh1BIPJE TNTO THREE L�TS, 110 AND 120 - 64z AVENUE AND 643� EAST RIVER R�lAD, �ONPIA h1ILLER: Mr. Flora, Public Works �irector, stated the pr�perty in question is located to the West of East River Road atE4%z llay. He stated there are two ex�st�ng lots, one facing 64 z and another lot to the rear. P1r. Flora stated the petitioner ts requesting splitting the two lots into three lots. � P1r_ Flora stated the Planning Commission has recommended approval of this lot spl�t with the prov�sion that the property owner check on the easernent for the 75 ft, by 28.58 ft. portion on the East side of the property extendtng into East R�ver Road and dedicate such easement to the County, �f thls has not already been done. Mr. Flora stated, in checktng with Anoka County, they have the right-of-uiay for that portion. Mr. Quresh�, City Planger, requested the item be tabled since at one time there was a proposal for an access through this parcel, and he wanted th�s checked into further. MOTION by Counctlman Fitzpatrick to table this item to Flpril 5, 1982 Seconded by Councilman Schentder Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: A recess was called 6y P1ayor flee at 11:30 p, m. RECONUENED: �iayor Nee reconvened the meeting at 11:45 p. m. Al1 Council members were present, � �� CONSIDERATIOPJ OF EXTEPlSI6N OF SPECIAL USE PERMIT, SP r'78-10 BY ALLEPd STAHLBERG: Mr. flora, Publtc Works D�rector, stated Mr. Stahl6erg rece�ved a speclal use permit in 1978 for construction of a sinqle fam�ly home �n the flood plain and since that �ime, he has had three exters�ons. He stated the Council, at the last extension, stipulated if there were any further extenstons, Mr. Stahlberg would have to reapply for a new special use perm�t. i COUfJCIL MEETING OF MARCH 22, 1982 PAGE 12 Mr. Flora stated Mr. Stahlberg has subm�tted a letter dated March 8, 1982 indicating why he has applied for these extensions and not that he has wanted to, but it has been a natter of econom�cs. Mr. Flora stated the Plann�ng Comnnsston felt that since nothing has materially changed on this request and if he was required to go through the spec�al use permit process again, there would be another fee, they have recommended extension of the special use permit for a oneyear period. h10TI0N by Councilman F�tzpatrick to concur with the recommendat�on of the Plann�ng Commiss�on and grant an extension of Special Use Perm�t #7�-10 for a one year per�od due to the reasons outlined by the Commis- ion and, spec�f�cally, because nothing has changed to warrant an in-depth review of �,he situat�on. Seconded by Councilman Barnette. Upon a voice vote, all votiny aye, hlayor Nee declared the motion carried unanimously. "�-� RECEIVING BIDS AND AWAR�ING CONTRACT FOR ONE TON DUP1P TRUCK (OPEfdED 3/22/82): � Mr. Flora, Public Works Director, stated the Parks and Recreat7on Department went out for sealed bids to replace a 1976 one ton Chevrolet truck, and reconimend the low bid from Superior Ford be accepted in the amount of fill,l�s. MOTION 6y Councilman Schneider to receive the btds for a 1982 one ton truck, with dump body. ETFIRIDGE LAKELAN� BRAN� NAME OF TRUCK TOTAL COST (w/standard engine) TOTAL COST (w/diesel engine) DU61P BO�Y MODEL BID BON� �ELIVERY DATE �'�� BOYER FORD TRUCKS Ford F350 `�12,670.00 ($]2,120 w/rebate) no bid Garwooa GL13 option: Truck OutfiLters $274.00 5% St. Paul F�re 90-120 days POPlTIaC GP1C FORD 'TRUCK GMC TC31003 Ford F350 $11,991.00 $13,100.00 13,279.60 5% 6-8 weeks no bid 5% Liberty 45 days SUPEP,IOR FORD Ford F350 `�J $11,718,00 ($11,168 with $550 rebate) no b�d � LaHass 5% F7reman's Fund 60 days rebate of �550 if ordered by 4/]/82 Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, ' P1ayor Nee declared the mation carried unanimously. MOTION by Councilman Schneider to award the bid for a 1982 one ton truck, with dump body, to Superior Ford, the low bidder, in the amount of $11,168. Seconded by CounciTman Fitzpatrick. Upon a voice vote, all voting aye, P9ayor Nee declared the motion carried unanimously. �40TION by Councilman Schnieder to waive the reading and approve the ordinance upon f�rst reading, of the Alternate II ordinance. Seconded by Councilman Fitzpatr�ck. MOTIO�d by Councilman Schneider to make the following amendments in the above ord�nance: Section H, third line fromthe bottom change "East" to "West"; second line from the bottom, change °East° to "West"; Section I, s�xth line from the top, change "North" to "South"; Section L, seventh 17ne from the bottom, change "West" to "East" � � 11 � � � I� �I��h COUNCIL MEETING OF h1ARCH 22, 1982 PAGE 13 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor fJee declared the motton carried unanimously. Councilman Hamerm k stated he was considering tabl�ng th�s ordinance for further discussion, however, he would 6e agreeable to the first read�ng, as long as some modiftcations could be considered at the time of the second reading. UPON A VOICE VOTE TAKEN ON THE MAIP! MOTION FOR THE FIRST READING OF THE ORDINAPJCE, all voted aye, and Mayor Nee declared the motion carried unanimously. 0. P1r. Flora, Public Wcrks D�rector, stated he felt the chassis-mounted pothole patcher would perform tasks of patching with less equipment and manpower and the untt is a combination heater and dispenser. Mr Flora stated there are funds allocated in the 1982 Publ�c Works P4aintenance budget for this equipment. MOTION by Councilman Schneider to adopt Resolutton No. 24-1982. Seconded by Councilman Hamer m k. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unan7mously. CONSIDERATION OF AMENCIMENT TO CURREPJT TOWING CONTRACT: Mr J�m Hill, Publ�c Safety �irector, stated they have reviewed the increase in towing rates requested by Shorty's Towing Service and would recommend approval, as they have found the rates compet�t�ve w�th current contract rates of ad�oining communities. Mr. Hill stated the contract towing in other cities does not necessar�ly follow the same format as some charge different rates fpr dayt�me vs. � nightinie tatinn�g. He stated Shorty's is requesiing a flat $23.00 fee. He also pointed out that Shorty's doesn't charge a different fee for flat beds and they don't charge for the first day of storage. 1 �� � �. Mr Hill stated he has checked w��th thE Chty Attcrney and �t �sn't necessary to forma7ly bid the contract, unless the Council wishes to do so. MOTIOfJ by Counctlman Barnette to approve the amendment to the current contract with Shorty's Towing Service. Seconded by Counc�lman Flamernik. Upon a voice vote, all voting aye „ Mayor Nee declared the motion carried unantmously, SETTING BOARD OF REVIEW MEETING FOR MAY 24, 1982: MOTION by Ccunc�lman Barnette to set the Board of Review P9eeting for h1ay 24, 19t32. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously, CLAIMS: P90TI�N by Counctlman Fitzpatrick to authorize payment of Claims No. 060G21 through 078C09. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously. � � � LICEPJSES: I�10TION by Councilman Schneider to approve the licenses as subm�tted and as on f�le �n the License Clerk's Office. Seconded by Councilman [3arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniraously. � �`=� � �� COUNCIL PIEETING OF P1ARCH 22, 1982 ESTIP1ATE5: PAGE 14 N10TION by Councilman Fitzpatr�ck to approve the estimates as submitted. Sm�th, Juster, Feikema, Malmon & Haskvitz 1250 Bu�lders Exchange Bui7ding Minneapol�s, MN 554D2 For legal servTCes rendered as City Prosecutor for the month of January 19f32 E A. H�ckok & Assoc�ates 545 Indi an hlound Wayzata, P9IV 55391 Professional services - February 1982 h1oore Lake Restorat�on Pro,7ect $3,675.00 53,954.69 Seconded by Counc�lman Hamerntk. L'pon a vo�ce vote, all voting aye, hiayor Nee declared the mot�on carr�ed unanimously. ADJOURNMENT. P10TIOfd by Counc�lman Schneider to ad�ourn the meettng. Seconded hy Councilman Hamernik. Upon a volce vote, all voting aye, Dlayor Nee declared the motion carried unanimously and the Fr�dley Qity Counc�l P4eet�ng of hlarch 22, 1982 ad�ourned at 12:05 a. m. Respectfully submitted, ��Gv� ° C'`_ `�"` �',�-`(— Carole Haddatl Secy. to the City Counc�l Approvetl April 5, 1982 �,�,���� ��'�-�'"� l��liam J. P1ee Mayor � ' �