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05/03/1982 - 00012944� � r--� � I� L� IHE MINUTES OF THE FRIDLEY CITY COUfJCIL MEETIfJG OF MAY 3, 19E2 The Regular Meet�ng of the Fr�dley City Council was called to order at 7:30 p. m. by Mayor fJee. PLEDGE OF ALLEGIANCE� Nlayor IYee led the Council and audience in the Pledge of Alleg�ance to the Flag. RQLL GALL. N1ENiBERS PRESENT f1EMBERS A6SENT PROCLAMATIOPl. h1ayor Nee, Councilman Barnette, Councilman Schneider, Counc�lman Fitzpatrick, and Councilman Hamerm k flone NATIONAL PUBLIC WORKS WEEK - P1AY 23 - 29, 1982 Mayor Nee stated he has issued a proclamation procla�ming the week of P4ay 23 through h1ay 29 as National Public Works Week and expressed gratrtude to the members of the Public Works Department for their service given to the community. APPROVAL OF h1INUTES COLNCIL MEETING, APRIL 19, 1982: N10TION by Councilman F�tzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTIGN OF AGEN�A: P107IOfJ by Councilman Hamerm k to adopt the agenda as presented. Seconded by Councilrrian Frtzpatrick. Upon a voice vote, all voting aye, Mayor Nee declai°ed the motiun carr�ed unanimously. OPEN FORUhi, VISTTORS: PI;ESENT,4TIOfJ BY FRI�LEY JAYCEE'S: Dr. Boudreau, Director of Parks and Recreation, �ntroduced Mr. ICurt Schrupp, President of the Fr�dley �aycees , who presented a check in the amount of �3,000 for the purchase of scoreboards �n the new community park complex. Nir. Schrupp stated the philosophy of the Jaycees is to provide growth to the rtembers through communtty development and, �n keeping with this philosophy, theiripledge was for $6,000. He stated �3,000 was given last year and the $3,000 presented this evening is their final payment. All !r�mbers of the Councii extended the;r thanks and apprec�ation to the �aycees for their contribution. Ur. Boudreau stated there are several groups �n the City ass�sting �n this community park endeavor and he appreciates the�r support. He stated 7f there is anyone who wishes to assist 7n this pro,7ect, they may do so by contacting the City Hall. ED WILMES. P1r. Ed Wilmes appeared before the Council to personally thank h�s friends and the commun�ty for their help and support while he was gorng through a chemical dependency treatment program at the St. Cloud VA Hospital . r� , i �� = 4 � COUNCIL MEETING OF MAY 3, 1982 PAGE 2 Mr. W�lmes stated he received many letters from persons in the commum ty, during his hospita] siay, and one letter which came from Councilman Barnette ind�cated there were many persons concerned �nd support�ng him through this period. P1r. W�lmes stated he is proud to come from such a community made up of persons who care enough to help and fr�ends who are honest enough to tell you what your pro6lem �s. He stated he was thankful and grateful to the commum ty for givin9 h7m back what he thought he had lost. OLD BUSINESS: CGNSIDERATION OF APPOINTMENT TO ENERGY COMMISSION (TABLED APRIL 19, 1982): MOTION by Councilman Hamernik to table the appotntment to the Energy Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P9ayor fJee declared the motion carried unanimously. � CONSI LS �82-0 INTO 3 Mr. Flora, Pu61�c Works Director, stated Mrs. Mtller has requested a lot split to prov�de a 70 foot ]ot abutt�ng East River Road, a 66 foot lot, and the rema�ning lot would be on the parcel where P�rs. Miller currently resides. Mr. Flora stated the City staff rev�ewed this property and has a number of concerns as normally a replatting would be required so that the necessary easements are ded�cated. Mr. Flora stated staff has suggested an 80 foot frontage corner lot parallel- ing East River Road and a 75 foot lot ad�acent to it. If the property is spl�t th�s way, it leaves an 84 foot lot, with the existing 6uilding on it, and provides for a 3D foot str�eet and utility easement for future access to the large properties to the south. Mr. Flora felt access to P1rs. Pliller's ex�sting garage could be prov�ded by esta6lishing a �o�nt dr�veway easement along the split property line, or by convert�ng the existing garage to home use and constructing a new garage beh�nd the existing house serviced off 64% Way. Mr. Flora stated he has met with Mrs. Miller and explained the platting process and necessary requirements, however, she is interested �n dividing the property through the lot spl�t process. Mrs, Piiller stated she vis�ted all the persons �n her block that would be concerned about a road easement and, at th�s po�nt in time, not one person would be interested in acce�,s. She stated she would like the Council to cons�der her request for a 70 foot corner lot, a 66 foot lot ad�acent to �t, and the rema�nder of the parcel to 6e her lot. Mr. Quresh�, City manager, stated if the property is going to be spl�t, it should be platted so that proper easements be prov�ded for future access. Fle stated the easement only provides the r�ght of access and would not necessarily take the property, �f there isn't a need for �t in the future. He pointed out that properties do change and the people who l�ve there now may not want access provided, however, this may not be the case �f the property is sold. Mrs. Miller stated if an easement is provided, it would be sub�ect to road assessments and would reduce the value of the property. Counc�lman Fitzpatr�ck felt one concern was if the road was ever developed, Mrs. M�ller would be assessed. He felt if there was no benefit to her property, poss�bly there would not be an assessment on it. He thought h1rs. Pliller mlght be reluctant to give the easement because there may be a road assessment. � �� � � � �� 3 � C�UNGIL MEETING OF MAY 3, 1982 PAGE 3 Councilman Fiizpatrick felt the 7ot split would be of some benef�t to the City, as it would eliminate driveways off East R�ver Road. Mrs. Miller stated one of her concerns ts the poss�bilrty of a road assess- ment, hoWever, she didn't want to sell the lots and then have someone have to pay for a road, after they bought the property She stated her original proposal was for zero lot lines wh�ch she felt would be nice for the neighbor- hood, but no matter what she does, �t involves an easement. Mr. Qureshi, City Manager, felt it was the City's responsib�lity to provide access. He stated if the Council wishes to acquire an easement and have no assessment imposed, unless the access is used, this can be put into the record. Counc�lman F�tzpatr�ck stated he would be prepared to inove that they approve the sub-standard frontage width on the two lots and, in return, that an access of 30 feet be prov�ded along the west edge of the property and also to give assurances that the property in quest�on would not be assessed for a road improvement, unless they have access from it and use it. Councilman Schneider asked if they would be setting a precedent in approving the sub-standard lots. Mr. Herrick, City Attorney, stated the Council has, in the past, given wa�vers on d�mensions of lots. He felt the situat�on here was somewhat unique and didn't feel a waiver would commit the Counc�l to granting watvers in other s7tuations. Mr. Qureshi felt the matter of dra�nage should be taken into consideration as sorne of the area was low and it could be handled when the building perm�ts are tssued. h1r. Qureshi su9gested, tf the lot split is approved, the corner lot be 76 feet, the middle 7ot be 60 feet, and access be provided from 64'z on the west edge of the corner lot and there be no access off East R�ver Road. MOTION by Councilman Fttzpatrick to approve Lot Split r82-03 to combine into three lots, 11D and 120 and 14D 64%z Way> with a 76 foot lot (110 64%z Way) closest to East River Road, a middle lot of 60 feet (120 64%z Way) and the existing parcel (140 64z Way) where Mrs. P9iller's home is located, to be 84 feet. Further, the westerly 3D feet is to 6e dedicated as a road and utility easement, with a 25 foot triangle at the intersection with 64� bJay. All driveways and access for these lots should be off 6a%z Way and the driveway on the 76 foot lot ts to be on the west edge of the lot line, with a paved driveway to the present garage located on the 84 foot lot. The drainage on the two new lots will have to 6e considered at the time building permits are issued and a var�ance for the square footage on the 60 foot lot is approved in con,7unction w�th th�s lot split. Also, there wil1 be no future assessment on Mrs. Miller's lot, unless she uses the street, if road improvement is needed to provide access to the south. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared fhe motion carried unantmously. The Counc� 1 noted, from Mr. Flora's memo, that h1rs. P1iller must come in to apply for a vacation of the existtng easement on her property. NEW 6USIPlESS: IDERATIOPJ OF FIRST READING OF AN 0'RDIPlAfJCE AP1EPIDIfJG CHAPTER 205 OF CT MOTIOPd 6y Gouncilman F�tzpatr�ck to waive the read�ng and approve the ord�nance upon first reading. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. ^ �� �. �r � �5 COUNCIL MEETING OF MAY 3, L982 DE F AN ORDIPIA PAGE 4 TO Ah9END THE CITY CODE OF MOTION 6y Counc�lman Barnette to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamerm k. Upon a voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PLANNING COP1MISSION MINUTES OF APRIL 21, 1982: r,-4 C CONSIDERATION OF SPECIAL USE PERMIT, SP ;�82-03, TO�ALL04! A 30 x n0 •1 A FOOT SITE IN P1ENARD`S PARKING LDT TO BE USED FOR AUTOMATIC TELLER P4r. �lora, Public Works D�rector, stated First Bank Systems �s requesting a spec�al use permit for a steel frame building to house an automatic teiler machine in Menard's parking lot. He stated the Plam m �g Comm�ssion has recommended approval of th�s request for a special use perm�t. P1r. Vern Wilcox, Assistant Vice President for F�rst Bank System, Constructic�n Div�sion, presented a model of the proposed bu�ldtng to be located on P1enard's site. !'^r. Wilcox stated they are building these un�ts, �n con,7unction with other banks, so this necessarily wouldn't be ,7ust a First 6ank unit. Councilman Schne�der felt there may be a problem of control and asl;ed what mechanisms they were using. Mr. Wilcox stated there are 19 potnts they are cont�nually mom toring, �ncludinq the security, and stated that vandalism hasn't 6een a problem. He pointed out'there is no access to any cash in this building and there are phones in the bu�lding in the event it is necessary for a customer to communicate with someone regard�ng h�s banktn9 transaction. Counc�lman Fitzpatrick felt thei°e is a pro6lem regard�ng the stop signs, as you exit Plenard's parking lot, as people do not observe them. Mr. Flora stated it is proposed that the banking um t would be primarily used during the hours when Menard's and the shopping center across the street are closed. Mr. W�lcox stated th�ir high traff�c vo7ume �s during non-bank�ng and non-siore hours. P1r. Quresh�, C�ty h1anager, questioned wh�ther enough light would be prov�ded, as it was pointed cut Plenard's doesn't have any parking lot l�ghts. Mr. Wilcox stated the building would be illuminated, however, the matter of li�hting the lot ts probably something they would have to check. P1r. Flora stated landscaping and curbing would be provtded for this area. P1r. Wilcox stated they are presently negotiating for the landscaping and maintenance of the building. He pointed out they are concerned about appearances and keeping a well-maintained building. � � � Yr `n N GGUPdCIL MEETING OF h1AY 3, 19E2 PAGE 5 P10TION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Perm�t a82-03 w�th the conditions that the adequate ma�ntenance and add�t�onal parking lot lighting be provided �f requ�red and that the landscaping and curbing meet wrth the C�ty staff's approva7. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, P1ayor Nee declared the mot�on carr�ed unanimously �$ CONSIDERATIOfJ OF SPECIAL 115E P'ERMIT, SP #82-04, TO ALLOW INSTALLATI04J � OF 158 FOOT RADIO COMMUNICATIDNS AIVTENfJA, 6972 CENTRAL AVEPJUE, MEDTRONIC, GARY WEBER: Mr. Flora, Public Works Director, stated this is a request by Medtrom cs for a spec�al use perm�t to install an antenna to serve as a radio �communications system for their security operations He stated the antenna is proposed to be located behind their build�ng �n an area that w�ll provide the best camouflage for th�s antenna. � Mr. Weber, Medtron�cs, Inc., stated the reason they need this height �s to reach their facilities rn neighboring suburbs. P�10TION by Councilman Schneider to concur with the recommendation of the Plam m �g Commission and grant Special Use Permit, SP 182-04 to allow installation of a 158 foot radio communications antenna. Seconded by Councilman Barnette. Upon a votce vote, all vot�ng aye, Mayor PJee declared the mot�on carried unam mously. 5� PARIE AMD [tECREATION COMP1ISSION DIINUTES, APRIL 6, 1982• COfJSI�ERATIOPd OF PROPOSED SUMh1ER ACTIVITY FEE SCHE�ULED. Dr. Boudreau, Director of Parks and Recreation, explained the �ncrease in the summer fee schedule averaged about 10� He pointed out they have the authority to waive the fee �n the case of a hardship. MOTION by Councilman Schne�der to concur with the recorrunendat�on of the Park and Recreation Commtsston and Planning Commiss�on to a�prove the 1482 summer activity fee schedule. Seconded by Councilman F�tzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSIDERATIOfJ OF SUNDAY SOFTBALL LEAGUE_ Dr. Boudreau, Director of Parks and Recreation, stated the recommendation from the Plannin9 Commtssion regarding Sunday n�ght softba7l vias they had no problems with it, if the games weren't played at Commons Park_ Dr. Boudreau stated teams, it was found as ther� wasn't room league. th�s year, after registratron of the adult softball there were 12 teams whose needs were not being met for these teams in the Plonday through Thursday m ght �r. 8oudreau stated these teams were contacted, and six of them ind;cated they wcruld be interested �n playing on Sunday night. Ne stated the games would be played at Locke Park s�nce two tournaments will be held at Commons th�s year. Dr. Boudreau stated they would like approval on a trial basis, �f nec- � essary, to see how this Sunday night league would work. He further stated park�ng would be in the Columbia Arena parking lot and they would ask the team's cooperation tn not parking on the resldent�al streets. I J �I_Y COUNCIL MEETING OF MAY 3, 1982 PAGE 6 MOTION by Counc�lman Hamerm k to concur with the recommendation of the Park antl Recreation Commissinn and Planning Commission to allow a Sunday night softball league from 5 to 8 p, m. at the Locke Park dtamond. Secondetl by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motton carr�ed unanimously. MOTION by Councilman Barnette to receive the minutes of the Plann�ng Commiss�on meettng of �1pri1 21, 1982 and the Park and Recreation Comm�ssion meet�ng of April 6, 1982. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. � RECIEVING CHARTER COPIMISSION MINUTES OF P1ARCH 2, 1982. � MOTION by Councilman Schneider to receive the m�nutes of the Charter Commiss�on meeting of March 2, 1982. Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Plee declared the motion carried unanimously. COfJSIDERATION OF AUTHORIZING THE ADMINISTRATION TO APPLY FOR FUNDS FOR THE DEVELOPPIENT OF THE RIIIERVIEW HEIGHTS PARK PROJECT UPIDER THE PROVISION MOTION by Councilman Fitzpatrick to authorize the administration to apply for funds for the development of the Riverview Heights Park Pro�ect under the prov�sions of the Federal Land and Water Conservation Fund Act and the State Natural Resources Fund. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, P1ayor flee declared the motion carried unanimously. FTr. Qureshi, City Manager, po�nted out if the grant is approved, the Ctiy would have to provide match�ng funds. �� g RESOWTION NO^ 39^1982 PROVIDING FOR THE I F I Mr. George Halvorsen, �nvestment banker for th�s pro�ect, stated over a year ayo they requested $925,000 in bonds for P1r. Paschke's pro�ect. He stated the b�nld�ng was constructed at 73rd and Univers�ty Avenue cons�st- �ng of 25,000 square feet and they are now only requesting �750,000 in bonds for a 12'� year period. He pointed out they novd have more than 100 persons uccupy�ng the butlding and the bonds have been,privately placed. P9r. Halvorsen stated documents have �en suk,m�ted to the C�ty f1ana9er, and requested approval by the Council of this resolution. h1r. Herrick, City Attorney, stated he received the documents on Friday, and didn't have any early drafts. He stated he has reviewed the resolut�on and dttln't have any problem with �t, however, if it is adopted, he vaould review the documents before the ciosing on Friday and if there is any problem, discuss it with the City Manager and Ctty Clerk prior to signing the final documents. MOTION by Counc�lman Hamernik to adopt Resolution No. 39-1982, sub,7ect to final approval of the C�ty Attorney after his review of all the documents. Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. � � � LJ ' � �� COUPlCIL MEETING OF MAY 3, 1982 � RESOWTION NO^ 40-1982 REFIOVING THE ASSESSMENTS PLACED ON P PAGE 7 L MOTION by Councilman Hamernik to adopt Resolutton No. 4C-1982. Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, f4ayor Plee declared the motlon carried unanimous7y, �� RESOLUTION N0. 41-1982 TO ADVERTISE FOR BIDS ON REPAIR WORK TO WELL N0. 3� htr. Flora, Public Works Director, explatned what has been done to date in investigating the posstbility of redevelopirg Well P!o 3 to make it a productiwe well. Mr. Flora stated there remains a continuing problem with intrusion of sand and debris into the bore hole, therefore, it would be appropriate to determine the bore hole cunfiguration and costs and the probability of screening this well for production. f<1r. Flora stated bids have been prepared consisting o� tvio phases, one, to clear the bore hole and investtgate tts size; and two, to obta�n a warranty of adequate water production and costs to put it back in operat�on. MOTION by Councilman Schneider to adopt Resolut�on No. 41-1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P1ayor Nee declared the mation carried unanimously. 1 1 APPOINTMENT: CITY EMPLOYEE: � !� 1 �J h10TI0N by Councilman Fitzpatr�ck to concur w�th the follow�ng appointment made by the City Manager: Effecttve IVauie Posit�on Salary Date Replaces Anthony D. Roach Budget Control Asst. $15,9�0(yr. Apr�l 26, Gordon Central Services 1982 Middag Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee declared the moiion carried unanimously, LICENSES: MOTIOPJ by Councilman Schneider to approve the l�censes as subm�tted and as on file 7n the L�cense Clerk's Off�ce. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Fttzpatr�ck to authorize payment of Claims No_ 113E12 through 121938. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor f�ee declared the mot�on carried unanimously, � �i� ESTIMATES: P�OTION by Councilman Barnette to approve the estimates as submitted. Smith, Juster, Feikema, Malmon & Ilaskvitz 1250 Builders Exchange Buildtng Minneapolis, MN 55402 For legal services rendered as Prosecutor for the month of March 1982 $4,725.00 v ��i�l COUNCIL MEETING DF MAY 3, 198� PAGE 8 Seconded by Councilman Schneider. Upon a voice vote, all voting aye,' Mayor Nee tleclared the mot�on carried unan�mously. ADJOURNMENT: MOTION by Counc�lman Barnette to ad,7ourn the meetting. Secanded by Councilman Schneider. Upon a votce vote, all vot7ng aye, Playor Nee declared the motion carried unanimously and the Regular Meet�ng of the Frtdley City Council of May 3, 1982 ad,7ourned at 9.22 p. m. Respectfully submitted, -c!�,� ���,� Carole Haddad Secy. to the City Council Approved: May 17, 1982 ���� %�� ��_ W�l'�iam J. Nee Mayor � � �