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07/26/1982 - 00012874, M �, 7iIE MII�IUTFS OF ?fIE FRIDLEY CITY COUNCIL MEEPING OF JULY 26, 1982 The Regular Meeting of the Fridley City Council was called to order at 7:30 p. m.by Mayor Nee. PLIDGE OF ALLF7GIANCE: Mayor Nee led the council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: � MII�IItS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamermk and Councilman Fitzpatrick, MF�IILS ABSE[�i': None APPRWAL OF MINUTES - MEETING OF JULY 12, 1982: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Fitz�atrick. Upon a voice vote, all vottng aye, Mayar Nee declared the motion carried unanimously. ���• •� � ., a���: MOTION by Gouncilman Schneider to adopt the agenda as sukmttted. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPIN FORUM, VISI�RS: There was no response from the audience undet this item of business. NEW BUSINESS: OF FIRST REi1DING OF AN ORDINANCE ON SAV #82-01 FOR VACATION OF PART OF 47H STREET N. E.� HOUSING AND RIDEVII,OPMENT AUTHORITY: MO'PION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. ' � 4 ' s ,. �� � � !,1 k�L � J O�ASIDF.RP,TION OF RD�UFST FOR SPECIAL USE PERMIT� SP #82-OS BY JAMES H. CR0.SS, � ALIAW CONSTRUGTION OF A SDODND ACCESSORY BUILDING, A 22' x 24,_F�.�'�'p,C�IID GARPGE AT 6�j� JACKS�,.S�ZRLET N E: � � (FROM APPEALS MEE'PING OF JUNE 15, 1982) CONSIDERATION OF A FRONT YARD VARIANCE FOR 2IIIS GARF�E FROM 35' ?U 11': � � � � � C7DUCdCIL l�E.'i'ING OF JULY 26, 1982 PAGE 2 Mr. Flora, Public Works Director, stated this lot is the last lot on Jackson Street and is a deadend street with a cul-de-sac. He stated the petitioner is re�uesting a special use permit for construction of a second garage. Mr. Floca stated the oxiginal plan was fox the petitioner to convett the existing garage into livinq space, however, he now requests the use of both garages for storage purposes. Mr. Flora stated the Planning Canmission has recommended aproval of this special use permit to allow the construction of a second accessory building. MDTiON by Counclman Schneider to concur with the recommendation of the Planning Cosmnission and grant special use permit, SP #82-OB to allow for the corrstruction of a second accessory building at 6271 Jackson Stceet. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. Mr. Flora stated, in con�unction with approval of the request for a special use permit, a variance is requested to reduce the front yard setback fran the required 35 feet to 11 feet. MOTION by Concilman Schneider to concur with the recommendation of the Appeals Ccamnission and grant the variance to reduce the front yard setback fran the required 35 feet to 11 feet. Seconded by Councilman Barnette. Upon a voice vote, all voting aye� Mayor Nee declared the motion carried unanimously. CONSIDERATION OF VACTION RDQUFST, SAU #81-02 217 VACATE STREET RIGH'i� OF-Y�1Y AT 5600 4T[i Si'REET � AI,L.OW TEiE CONSTRUCTION OF A EYXJR-PLE�{ BY S & R IlWFSTMEN'P �MPANY: -�.�. ___.__ M�TION by Councilman H�nernik to set the publ�c hearing on this vacation request for August 16, 1982. Seconded by Councilman Schneider. A gentlenan representing S& R Investment Company stated the variance doesn't really have anything to do with the building permit. He stated their plan was to have attached garages, which would have been on part of the setback, but then the City decided they would rather have tuck-under garages. He stated they have changed the plan and will have tuck-under garages and, therefore, woulc7n't be on part of the setback. Mr. Flora, Public Works Director, stated a portion of the parking lot would be on the property re3uested to be vacated, therefore, it would be associated with the building permit. PSayor Nee stated, if this is the case, they can't preempt this vacation proceeding. Upon a voice vote on the above motion, all voting aye, Mayor Nee declard the motion carried unammously. FROM APPEALS MEETIIVG OF JUNE 15, 1982 - CONSSDERATION OF A VARIANCE ZU ALL�OW CONSTRUCTION OF A 22' X 38' ATTACHID GARIIGE AT 5312 ALZSTRA ROP.D N. E., �ERT G. KSSHISH: ~ � h �, r� fi � �' "} (X)i7NCIL MEETING OF JULY 26, 1982 PAGE 3 Mr. Flora, Public Works Director, stated this is a request to reduce the side yard setback tor an attached garage Tromtne requiretl T1ve �eet to tnree ieet to allaa the construction of a 22 x 38 foot attached garage at 5312 Altura Road N. E. Mr. Flora stated, during discussions, it was fountl there was too much s�uare tootage on tne property and, theretore, the petitioner wi11 remove part oY the existing garage, leaving a 12 x 14 foot storage shed Por tne property. Mr. Flora stateci one neighbor ob7ected to this variance, as she Telt tne � rooi would be too close to trie property line, and result in a devaluation ot ner property. Mr. Flora stated the Appeals Commission has recommencied approval ot the variance with the stipulation that the rtorrn wall be a tirewall witn 5/8 inch type x gypsum board and ariy windows on tne norLn wall be tire sate steel mesh. Councilman Fitzpatrick stated the Appeals Commission unanimously reconunended approval ot this variance in spite ot tne o67ection of tne artected neighbor. He pointed out the variance is only for two teet ana ne is prepareci to supporc their recarnnendarion. Councilman Fitzp3trick stated he believed tne person who ob�ected, and tne petitioner, were botn present his evemng. Mrs. Harold Anderson, 5342 Altura Road, stated she Yelt tne rooY lines would be too close together. She Yurther stated there woula be a problem wlth the snow and a lot ot moisture ln the basement. Mr. Flora stated the plans indicate a roof overhang ot 18 inches beyona the wall. Mr. Kishish stated the rooY line iollaas the existing line so he telt any � snow woultl eitner go torward or back and wouldn't builtl up between tne nouses. Councilman Barnette asked Mrs. Anderson it she had problems with drainage. Mrs. Anderson stated she had not, but guessed others had problems, and was sure the houses woula be too close and would cause water ln the basement. Councilman Barnette stated ne telt the drainage coula be taken care ot so water wouldn't drain taaards Mrs. Anderson's house. Mr. Kishish stated the natural drainage pattern now tentls to be to the back oT the lot. Mr. Nee stated, overall, thls looks like a good improvemenc and this addition coultl be built, without a variance, iY it was two Leet shorter. Mrs. Anderson stated she was aware of this, but two ieet was two teet. She stated she telt the unprovanent was an advantage tor Mr. Kishish, but not ror tnan. � I � LJ CODNCIL MEETING OF JULY 26, 1962 PAGE 4 -���`� Councilman Fitzpatrick stated he can sympathize with r.rs. Anderson's ob�ection to having this building close to the propercy line, however, he would have to concur with the recarnnendacion of tne Hppeals �ommission. I�%YPION by Councilman Fitzpatrick to concur with tne recommenotation ot tne Appeals cm�anission to grant a variance to reduce tne side yard setback tor an attacned garage trom the requlred Live teet to tnree Yeet to allow construction ot a 22 x 38 foot attacried garage witn the stipulation tnaL tne nortn wall be a tirewall witn 5/8 inch type x gypsum board and tnat any w�.ndows in the nortn wall be tire sate steel mesn windows. Seconded by Councilman Schneitler. � Counclman Barnette stated he grew up in Minneapolis where tne houses were close togetner and doesn't renenber any problens witn drainage. Mrs. Anderson stated the overhang would be riqht on top of her tence. Mr. Flora stated the overhang wi11 be 1-1/2 feet inside tne property line. Councilman Schneider asked iT Mr. Kishish's contractar indzcated any problem witn the ience, and Mr. Kishish stated he hadn't noted any problens. Councilman HameeniK suggested possibly adding a stipulation tnac this addition wouldn't disrupt any drainage rlow tnaL is currently existing. Mr. Kishish stated this would be satistactory it tney can esLablish whac is currently existing. He stated he tias never seen water come to tne pacK ot nis nouse. Councilman Barnette asked it he ever nad water in nis basemenc. Mr. Kishish stated he has because of a cracked ioundation, which ne hopes to correct, but there was no water in trie basemenc because ot tne manner in wnicn the water drains. UA�N A VOICE VOTE TAKEN �V �IE ABOJE L�llTION, all voted aye, and Mayor Nee declared the motion carned unanimously. The Council received the minutes ot the rlanning Ccn¢nission Meting of July 14, 1982. � �NSIDERATION OF AN AGRFF.rrt�nim �� �, A. FARR DEVII,OPMIIVT �RPORATION FOR BLACK FORREST APARZMENTS: L_.1 Mr. Qureshi, City Manager, stated the development agreement provided by tne Darrel Farr Corporation indicates tney naa a mortgage camnitment prior to the ettective date of the City's ordinance regarding a morator�um on contlomimwn conversions. Mr. Qureshl stated the stati, witn tne nelp ot Councilman Schneider, worked with the Farr Corporation to work out certain conditions which gave additional consideration to the existing renLers. Councilman Schneiaer stated that State law on condominium conversions preempts the City's authority and, as the development agreement inaicates, Farr Corporation had obtained a mortgage camnitmenc prior to ttte ettective tlate at trie City's ordinance. Y %i % �UNCIL MEEPING OF JULY 26, 1982 PAGE 5 Councilman Schneider stated he felt the conditions worked out witn tne Farr CorjJOratlon h3ve m1n1I[I1zE'(� the adVerse eYT2Cts oY this converslon tor tne tenants. He stated Farr Corporation is w111ing to enter into a tormal legal agree�nent to assure tnese conditions. MOTION by Councilman Schneider to authorize tne �ity administrau on to enter into tne conversion agreement wit❑ Darrel Farr Corporation. Seconded ty Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the moton carried unammously. Mayor Nee Stdt2d h2 telt both the StdTT 7ritl th2 FaLC Corporation deserve some congratulations Yor working out tnese conditions to accommodate tne tenants. A representative trom Farr Corporation stated triey will make every eLTOrt ior a comtorrable transltlon Yor the tenants. RECEIVING BOND BIDS AND AUTHORIZING ISSUANCE OF BONDS FOR SPECIAL ASSESSMENT FUND BUNDS OF 1982 AND TAX INCREMENT RIDEVELOPMIIVT BONAS OF 1982 (BIDS OPE[VID JULY 26, 1982) : � _� M___ RESOLUTION N0. 63-1982 AWARDING R3]E SALE OF $625,000 GIIVERAL CBLIGATION TAX INCREMQAT RIDEUECAPMEN'i' BONAS OF 1982: FIXING THEIR FORM AND SPECIFICATIONS: DIREK,TII� �3EIR F;�{ECUTION AND DII,IVIItY, AND PROJIDING FOR 7SiEIR PAYMENT � � AND � RFSOLUTI�1 N0. 64-1982 AWARDING 7.fiE SALE OF $1,425,000 GIIVERAL OBLIGATION SPECIAL ASSFSSMENT FUND BONDS OF 1982: FIXII� aiEIR FORM AND SPECIFICATIONS:^ DIRECi'ING �IEIR E�fECUTION AND DELIVEE2Y, AND PROVIDING FOR 'lI3EIR PAYMENT: T NAME OF SIDDER The Northern Trust Co. Chicago, Illinois (.layton Brawn & Assoc., Inc. LaSalle National Bank Juran & Moody, Inc. St. Paul, Minnesota Robert W, Baird � Co., Inc. Carleton D. Beh Canp�ny Blyth, Easianan, Paine, Webber, Inc. First National Bank of Minneapolis The First National Bank of St. Paul Kidder, Peabody & Co., Inc. Dougherty, Dawkins, Strand & Yost, NET INTEREST QOST & RATE $1,689,787.50 10.368 $1,712,325.00 10.50� Inc. PRICE $2,010,100.00 $2,023,350.00 � � � QO[INCIL MEETIIQG OF JULY 26, 1982 PAGE 6 y�` ¢ :• � : �. •• �� John Nuveen & Co., Inc. Chicago, Illinois Bear, Sterns & Can�ny Chicago, Illinois $1,717,111.00 10.53� Bancnorttiwest $1,726,481.25 Minneapolis, Minnesota Allison-Williams Cang�ny 10.59� � Minneapolis, Minnesota Merrill Lynch White Weld Capital Markets Group, Inc. Dv.nneapolis, Minnesota Amencan National Bank and Trust Casnpany Cronin & Marcotte, Inc. E. F. Hutton & Co., Inc. Piper, Saftray & Hopwood, Inc. F& M Man�uette National Bank Moore, Juran & Co., Inc. M. H. Novick & Co., Inc. Robert S. C. Peterson, Inc. � � $2,014,80I.SQ $2,019,250.00 Dain Bosworth, Inc. $1,749,531.25 $2,015,643.5 Minneapolis, Minnesota 10.730 MOTION by Councilman Barnette to receive tne bontl bias. Secondec7 by Councilman Schneiaer. Mr. Ehlers of Ehlers and Associaces, Inc. stated the index has gone down tran mtd-Novenber ot 1981 so it is now a tavorable market tor tnese bontls. Mr. Ehlers stated the bids were opened tnis atternoon, witn Mr. Inman, City Clerk, and Mr. Boardman, City Planner present, and five bids were received, as listea on tne dia su�rnnary sneet. Mr. Ehlers stated he wished to conunend tne City Council and sta�t tor tne remaxkable �ob ot manag�nent which results in Fridley naving a nA-1 bond rating. Mr. Ehlers statetl the best bid is rrom Northern Trust Company zt an interest rate of 10.366�. He stated this is less tnan tne 12� they hac7 anticipated. Mr. Ehlers stated he thought the bids were very competitYVe, and woultl recoimnencl trie Council accept the bid of Idortnern lrust Canpar��. Mr. Ehlers stated one bid was sutmitted Lor botn issues, the tax increment redevelopment bonds and the special assessment Yuna bonds, but tne resolutions are setup Yor two separate awards. IJPON A VOICE VOTE TAKEN ON ZS3E ABOJE NY�TION � RECENE T[iE BIAS, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitz�xztrick to adopt Resolutian No. 63-1982 awarding the sale ot $625,000 general obligation tax increnent redevelopment bontls oi 1982 and accepting the bia ot Nortnexn Tcust �ompany at an interest rate ot 10.366$. Seconded by Councilman Schneider. [Jpon a voice vote, all voting aye mayor Nee declared the motion carried unanvnously. � �� 4� COUNCIL [�ETING OF JULY 26, 1982 PAGE 7 NYYPION by Councilman Hamermk to adopt Resolution No. 64-1982 awarding the sale ot $1,425,000 general obligation special assessment tund bonds ot 1982 and accepcing the bia ot Nortnern �lrust Company at an interest rate ot 10.366�. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye rrayor Nee dectared the motion carried unan�mously. RESOLUTION ND. 65-1982 AU'IHORIZ IIJG JOINT AND �OPERATIVE F�REEMENT �R USE OF FIRE PERSONNII, AND D�UIPMFNT - NORZH SUBURBAN RF]GIONAL M[37ilAL AIDE ASSOCIATION: �^� � � MOTION by Concilman Hamernik to adopt Resolution No. 65-1982. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously. Mll I'[ . \iui.�! M(YPION by Councilman Barnette to autnorize payment of Claims No. 188566 througn 203UO3. Secontled by Councilman Schneiaer. Upon a voice vote, all voting aye nlayor Nee declarecl the motion carried unammously. LICENSES: M�TION by Councilman Fltzpatrick to approve tne licenses as submitted antl as on tite in tne License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice voLe, all voting aye Mayor Nee declared the motion carned unanvnously. FSTIMATES: MCYPION by Councilman Schneitler to approve tne estvnates as sul�nitted. S7nith, Juster, Feikena, Malmon & Haskvitz 1250 Bmlders Exchange Building Minneapolis, MN 55402 For legal services rendered as City Prosecutor ior tne montn of June, 1982 E. A. Hickok and Associates 545 Indian Mound Wayzata, [�II�I 55391 ProYessional Services - Moore Lake Restoration Pro�ect for Jime, 1982 C. S. McCrossan lnc. P. O. Box A.D. Osseo, MN 55369 Pattial Estimate #1 Street lmprovenent Pro�ect 1982-1 Partial Estimate #1 Street lmprovement Pro�ect 1982-2 $ 4,525.00 $ 2,255.53 $77,309.19 $ 2,507.32 � � � � � G� � � L� COUNCIL MEETING OF JULY 26, 1982 ( FSTINIATES �NTINUID) �llli2 M2C�1a711Cd1 S2LVSCQ� IRC. 20715 Hold Avenue West Iakeview, MN 55044 Partial EstimaLe #2 - Water & Sanita�y Sewer Pro7ect 136 PAGE 8 $ 5,059.70 Seconded L� Councilman Barnette. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOIN`,RNENT AND MADIDATE 70 NDGO�PIATING COMMITTEE FOR CABLE TELEVISION REFRANCHISING: Mayor Nee stated the Cable Television c.amnission recamnended the iormation oi a negotiating committee compnsing two menbers of tne Cable Television Camnission, two members of the Council, one member of St3TT� antl tne legal counsel to tne Cable �a�unission. Mayor Nee stated the Cable Television �ommission reccsnmenaed the Chairman and Vice Chairman of their body serve on tnis committee, however, Mr. Peterson 17as decllned, as he Yeels he ls not able to put in tne time, and Mr. Weaver is uncertain. Mayor Nee stated there are tnree otner members ot ttle Ca[¢nission who could be considered to serve on the committee, and it was the concensus of the Council that tx�e Cable Television Commission should select their aan members. MD'IZON by Councllman Fitzpatcick to nominaze Mc. Adrian Hetbst, legal counsel to tne Cable Television �ommission and Clyde Moravetz, staiT representative to the Cable Television �arnnission, as two ot tne members oi this negotiating comiuttee. Seconded by councilman Schneider. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanunously. MDTION by Councilman Schneitler to nominate Mayor Nee to serve on tnis negotiatxng co�mnittee. Seconded by Councilman Barnette. Upon a voice vote, all votinq aye rtayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to naninate Councilman Schneider to serve on tnis negotiating committee. Seconded by Councliman FitzpatricK. Upon a voice vote, all voting aye Mayor Nee declared tne motion carried unanimously. Mayot Nee telt they would have to ease up on their schedule as he didn't teel tney can accomplish the necessary work in the next several weeks. Mayor Nee stated there is a possibility oi Fedeeal legislation tnat substantially cnanges tne desirability ot a tive year extension oi tne Tranchise. Councilman Fitzptrick asked ii the retranchising is completed, betore tnis legislatlon takes efiec�, haa it woula aYtect the Tranchlse tney are now negotiating. Mayor Nee stateci it aftects all aspect5 and the rmst critical is tne City is almost required, in the Yuture, to re-issue the tranchise to the holder. ��`� w r' r� COUNCIL MEETING OF JULY 26� 1982 PAGE 9 Mayor Nee stated the original discussions had been tne City would go witn tne present tranchise tor a tive year period, witn some slight vnprovenent, and then atter tnis time, would be in a better posrtion to examine tne whole question. He stated, if tne legislation becomes law, this would not be possibleand tne iranchise you naa have my be the one you nave in ttie tuture. Mayor Nee stated the Council may recall that Mr. Herbst had a concept tnat was generally agreeable to Nortnern to remove a number oY concerns trom tne Federal �urisdiction ny making a side contract. He stated wriether or � not tnat side contract wouttl be enYOrceable, iY tne Federal stature preempted it, he didn't know. Mr. Herrick, City Attorney, stated it probably is the kind ot question you cion't nave answers Tor until the bill is passed and has been tried in court and several decisions handed down. h�Z�i7:7flu���Y MOTION by Councilman Hamernik to ad�ourn the meeting. Secontled by Concilman Schneider. Upon a voice vote, all voting aye tnayor Nee declared tne motion carried unanunously antl tne Regular Meeting ot the rrialey City council oY July 26, 1982 ad�ourned at 6:25 p. m. Respectfully sutxnitted, /� [ L ,� � L?�'l,e. ��jC.tLo��f � Carole Haddad Secretary to tne City Council �ppr��; August 2, 1982 � � �,����x ; illlam J. Nee Mayor � r'1 II�