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05/16/1983 - 00012588� 7 �� iy ..HE MINUTES OF '�?E R�?n.AR MEETILr OF THE FfZDLFY CITY COUNCIL OF MAY 16, 1983 The Regular Meetang of the Fridley City Council was called to order at 7:50 p. m. by mayor Nee, after the Council met as the Board of Review. PLIDGE OF ALI,EGIANCE• Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman � Hamernik, Councilman Schneider, and Councilman Barnette P7EMBERS ABSIIVT: None PRESEN`d'ATION OF AWARDS - CERTIFICATFS OF APPRECIATION: Conme Modig Community Developement Conunission Jayne Noble H�u[ran Resources Cmnmission Lynn Boeryeroff Himian Resources Crn�unission William F. Wharton Enerqy C�unission Jean Schell Police Commission Mayor Nee presented certificates of appreciation to those persons who have served the community as n�embers of one of the City co�ussions. The certificates were presented to Connie Modig, Jayne Noble, and Lynn Boergerhoff. Mayor Nee requested the certificates for William Wharton and Jean Schell be forwarded to them as they saere unable to attend the meetzng. APPEb�VAL OF MINUTES: �DNCIL MEETING. APRIL 18. 1983: � MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BOARD OF REVILW. MAY 2. 1983: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carned unanimously. COUNCIL MEETING, MAY 2, 1983: P40TION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, a11 voting aye, P4ayor DTee declared the motion carried unanimously. ADOPTION OF AGEDIDA• MOTION by Councilman Hamermk to adopt the agenda as presented. Seconded � COUNCIL MEETING OF MAY 16. 1983 P�� by Councilman Scheider. Upon a voice vote, all voting aye, Mayor Nee declazed the motion carried unanimously. OPEN FDRUM. VISI�RS: Mr. Jun Bauer of the Anoka County Communications Workshop gresented the City with a certificate of appreciation for its support oL- the Workshop this last year. Mayor Nee accepted and thanked Mr. Bauer for this certificate. � pL�7,7C HEARINGS: P[TRi T(' HFARINC' ON A PROPOSID PR0.7ECP ADID THE TSSUANCE OF ApPR�XIMATELY C�_nnn_nnp IN�JSTRLAT DEV�[�PMENT 1Z��JE BOND6 OR NC7PES -�� ED7GINEERING. INC.: iYYPION by Councilman Hamernik to waive the reading of the public hearing notice and apen the public hearing. Seconded by Councilman Schneic]er. Upon a voice vote, all voting aye, Mayot Nee declared the motion carried unanimously and the public hearing opened at 8:OG p, m. Mr. Inman, City Clerk, stated the public hearing is for the issuance of $2,000,0�0 in industrial revenue bonds for the purchase of a building and an add�.tion to a building, He stated it was fe1L the expansion of this business would increase their p�yroll by $154,000 and provide 10 new �obs in the community, Mr. Inman stated the bond would be backed by a letter of credit from the Fidelity Bank and Trust Comp�ny. Councilman Hamernik asked if the petitioner could indicate what amount of this bond would be used for building purposes and what amount for acquisition of equipment. Mr, Mark Haggerty, representing Elo Engineering, stated the entire anount of the bond would be used for land, buzlding, lmprovements, and fixtures � in the building. He stated the additonal equipment that would be installed would be f�.nai�ced by a loan over and above the bond issue, Mr. Haggerty stated the awners of Elo Engineexing, Mr. and Mrs. Owarczak, determined they needed to expand their facilities and the building to the south of them came on the market and they took an option on it. � He stated they intend to do extensive landscaping to the south of their existing building and connect the two buildanqs. Mr, Owarczak stated Elo Engineering started in Minneapolis and they construct frames and chassis for use in the computer industry. Iie explained their main custaners are IBM, Control Data, 3-M, and Honeywe?1. He stated they had thought about moving to Coon Rapids because there wasn't land available in Fridley, however, the building to the south of them became available and it was more feasible for them to expand into this building, rather than relocating to Coon Rapids, No other persons in the audience spoke regarding the issuance oi these industrial revenue I�onds. � IL {J �iJNCIL MEETIIVG OF MAY 16. 1983 PAGE 3 MOTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously and the public hearing closed at 8:06 p. m. ULD BUSINESS: TABLID ITEM FROM APPEATS COMMISSION MINUR'FS• OF F�RUARY 15. 198"� (REPURDIED � PLANnTING COMMISSIONI . VARLAN�E � TNQZASE HETGHT OF FENCE gg(kq 7 FEET Tp 10 FEET BY IN[� SIVER'i5. 6850 SIVERTS LAn?F' (TABLF.JI 5[�,/831 : Mr. Flora, Public Works Director, stated the Appeals Conunission heard this ' variance request and made a recommendation for denial. He stated the Appeals Commission had some concerns about this variance meeting the hardship requirement. Mr. Siverts stated he had thought about a fence along the north edge of his property for many years, however, it took him a long time to find material he felt was compatible with the neighborhood. He stated, haaever, he felt the telephone poles he is using are natural and do fit in with the trees in the area. Mr. Siverts stated he called the City, before putting up a section of this fence, and told them it would be rather tall and it was stated to him there shouldn't be any trouble, as long as the neighbors didn't ob�ect. Mr. Siverts stated he began constructing the fence, with the agreement it would be stained whatever color his neighbor wished, and put in over 385 hours in constructing the fence. He stated he was unable, for a period of time, to obtain any telephone poles, however, they are once again available. Mr. Siverts stated, over the last five years, he has changed the structural design due to the high winds and doubled up the 4 x 4 posts. Mr. Siverts stated his neighbor has written a letter to the City, 6asically, asking if the fence couldn't be finished. He stated a City ' Inspector did come out to his property and he was told he needed a variance as it was too high. Mr. Siverts submitted a plan to the Council for the fence and stated he wanted to complete it as soon as possible. l�r. Siverts stated they decided to put in a higher fence because of the lights fram the neighboring industries. Mr. Siverts stated he has letters from his neighbors at 16850 Central Avenue and 1340 69th Avenue indicating they have no ob�ection to the fence and has also obtained letters from persons within 200 feet of his property and they also have indicated no ob�ections. Councilman Schneider stated the question is the validity of the hardship. Mr. Herr�ck, City Attorney, stated the variance must be based on some showing of hardship or unique situation that is attributable to this property. Mr. Siverts pointed out the reason for a variance would be exceptional circwnstances when strict enforcement would cause undo hardship and strict � O�ONCIL MEETING OF MAY 16, 1983 PA E conformance wouldn't be feasible or practical under the circ�mstances. Councilman Schneider stated it isn't unfeasible to build a 7 foot fence, therefore, a hardship is hard to �ustify. He stated he would feel better if they had a letter from his neighbor or even if he had expressed a stronger concurrence. Mr. Siverts stated he has talked to him and he cloesn't want the fence to be taken down. Councilman Fitzpatrick stated he would agree wxth Councilman Schneider regarding the hardship and is not convinced of any hardship. � Mr. Siverts stated the Conmu.ssion's concern was this may set a�recedent, if a 10 foot fence was approved. He stated he didn't feel the City would be receiving that many requests for a 10 foot fence and possibly these requests would be only where people have swimming pools. Councilman Hamernik stated he didn't really see where the fence would be aesthetically unaccpetable to the neighborhood, but does feel the concession. Mr. Sivert has made to reduce the height in some areas is beneficial. He stated he would have to agree, to some extent, the hardship isn't really defined, but there probably were other cases where the hardship wasn't explicitly defined. He stated he would agree to go along with a slight deviat,ion in this case to not build the rest oi the fence that high, but to leave what is naa existing. Mr. Siverts stated to complete the fence now, he would laaer the height on the ends as per the plans submitted, and to qraduate the height of the fence. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Co�rnnission to deny the variance request based on the fact that a hardship hasn't been defined. Seconded by Councilman Fitzpatrick. Councilman Barnette stated the vote o£ the Appeals Commission on this � variance request was not unanimous. He stated he has taken an oath to defend the laws of the City and, in his own mind, thinks he has some reason to support personal likes and disllkes in the commumty. He stated Mr. Siverts was a resident, before Onan and Medtronic, and the fact that they put up lights and they infringe on his property is, in fact, a hardship. Councilman Hamernik asked if the variance was approved, what timetable did Mr. Siverts have for completion of the fence. P4r. Siverts stated he felt it could be completed by the end of May. MOTION by Councilman Barnette to table the item to the next regular meeting. Seconded by Councilm�n Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. APPOINiMED]T TO ENF,RGY �MMISSION (TABLID 5/2/83) : MO`!'ION by Councilman Hamernik to table this it�n. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � � "�" 1'=a� ��.�� _ _ ��. • • : � �. � _ �� u �� i �� i� • �]�i4%k� 0 � �� • � i s=�i =�. � � �� • � • • •� •,� • • _�Lr. � :_�r� _ �•�• � �� _ •� • i . . � Il4;�_ � ;�n . � _ � �i� . y■3,i�1__ ��' � �,I_ MOTION by Councilman Schneider to set the public hearing on this rezoning request for June 6, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried iu�nimously. . . �• � • _r. ��,i� � � __ •� � ��.. • �� • •• s� �,� u• •� Mr. Flora, Public Works Director, stated this request for a special use permit is to construct a 20 x 24 foot second accessory building to the rear of this property in order to provide additional storage space. He stated, at this p�ticular time, there are no plans for a driveway for this building. Mr. Flora stateci the Planning Commission heard this request and has recommended approval. N;�TION by Councilman Schneider to concur with the recomendation of the Planning Com�ussion and grant Special Use Permit, SP #83-02. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �+ •• � �� i �� ,l •_ �•;. _ , .. � �s� � � � � ��• � : ' � 1� �I�S �L S�_'� • �� S�/_ il.�� •�__ .. Mr. Flora, Public Works Director, stated a variance was granted to the okmer of Raffaele's to keep a restaurant food sign on the roof of this establishment. He stated the owner has requested this sign be allowed to renain. Mr. Flora stated the Appeals Commission felt there was a hardship since the building is set far off Umversity and does not have good exposure to the highway. He stated the Commission recommended approval of the variance and that the variance be made permanent to the present owner and any subsequent owner should come before the Appeals Commission or a review of the roof sign. Councilman Hamermk questioned the fact about subsequent owners coming before the Appeals Cmmnission, if there is a permanent hardship at this establishment. P7r. Herrick, City Attorney, felt the Council would be hardpressed to grant a variance to the present aaner and deny it to a future owner, assuming the situation hadn't changed. Mr. Flora felt consideration should be given that the sign not be changed, unless it comes before the Appeals Commission. MCYPION by Councilman Hamernik to concur with the recommendation of the Appeals Comnission and grant the variance for the roof sign, with the � � ' ODiINCIL [�ETING OF MAY 16. 1983 �,AGE 6 4.�_�i stipulation if the sign is to be changed, the owner is to come in for review by the Appeals Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared ,the motion carried unanimously. •�`� ►�7��.�Z��f!4��:`;sQi. �� p ._� � �� •� � 'G� •,� iA�, �� i'M •S N � �� • ' 1\ � \� ' a . , :. � �i1L_. �l _ _ Mr, Flora, Public Works Director, stated this request for construction of a four-plex includes four variances. He stated, when presented to the Appeals Conu�ussion, they felt that portion of property which was taken for � highway purposes, and since turned back to the City, might be added to this parcel to increase the lot size. He pointed out, if this was done, it would eliminate the need for the variances of the lot size and the front yard, therefore, the Appeals Commission denied these two variances. Mr. Flora stated the Appeals Commission did approve the variances for ihe rear and side yards, with the understanding the City wcrk with the property owner to release the property which was turned back to the City. Mr. Flora stated the County is attempting for the first time a private sale of properties and offering these properties to ad�oining �aroperty aaners. He felt it might be appropriate for the City to have something similar, if they desire to transfer this �roperty. MOTION by Councilman Fitzpatrick to reduce the lot area requirement irom 15,000 squre feet to 13,790 squre feet; to reduce the rear yard setback from 32.5 feet to 5 feet; to reduce the side yard setback from the required 35 feet to 30 ft, and 7 feet; and to rec]uce the front yard setback from the required 35 feet to 32 feet. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the znotion carried unanimously. Mr. Herrick, City Attorney, stated there are a n�nnber of situations where there is excess property that hasn't been used and turned baclt to the City. He stated the mechanics of coriveying the property to the ad�oining � a�mers is fairly simple, but felt the Coancil should take a look at what policy they want to establish. Mr. Herrick stated there probably would be some title work involved and a check with the Public Works Departrnent to see what property vras originally taken. Mr. Qureshi, City Manager, stated he felt what the Appeals Commission implied was if this property isn't needed by the City, it should be given back to the property owner so it can k�e put back on the tax rolls. Mr. Qureshi felt, as p3rt of the variance, there should be a stipulation that if the city can legally provide this property to the owners, they would be willing to accept it, Mr. O'Bannon, the property owner, indicated this wouldn't be a problem and he would be willing to accept this property if the City can turn it back. � !L � �;i �� 1� • � , . . —� MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of May 4, 1983. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� •. �� . M � ..� . �, _ •: ` � _�, . •. � �� • •• � a� � �, . � •�/_. �, ;.• Mr. Flora, Public Works Director, explazned that connection charges were assessed to this property owned 6y Mr, Zelevarov. He stated, in this �rticular case, there were two separate connections, one off Mississippi Place and an additional one on Riverview Terrace in order for this property to be developed as a condo. � P�Ir. Flora stated there were a niunber of variances qiven when this property was developed and the Appeals Commission worked hard with the developer and ad�acent property owners to find the best location and a number of concessions were made on both sides. He stated the stipulations that were made for the property have not, as yet, been complied with. Mr. Qureshi, City Manaqer, stated the question is if the Council feels the connection charqes were �ustified. He pointed out this has been the City's policy to charge for connection at the time someone hooks up to the sewer or water system, Mr. Herrick, City Attorney, stated he felt the problem arose over confusion whether the past aaner should hve paid these charges when the lines were constructed. He stated Mr. Zelevarov bought the property and suppose�ly all the special assessments were paid, and assessed to the previous owner. He stated if it can be pointed out this is not an assessment, but a connection charge, perhaps the problem can be resolved. •�� _:s •� • ��ui u� ��I �� : ��« .�� : _�. ` •� Mr. Qureshi, City Manager, stated the allocation of community development block grant funds under the Federal 7obs bill could be used for any of the eligible programs set up in the 1983 regulations for the (:DBG Program. 1 He stated staf£ has, therefore, made a recommendatlon to allocate Fridley's portion of these funds to St. Philip's pro7ect. MOTION by Councilman Hamernik to allocate the co�nunity development block grant funds received under the �obs bill to St. Phillip's pro�ect. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��,_ � • • • •. ..�. . �� i • : � Mr. Flora, Public [�TOrks Director, reviewed the propexties in the City scheduled for the County ta�c foifeit land sale. P90`PION by Councilm�n Barnette to concur with the staff's recommendation concerning disposition of tax forfeit properties scheduled for the County's 1983 sale. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �� •�,1� �_ u_ _ �, • u_' � rtil PAGE 8 � `` � � �I_ i. � � •.�P �. • • � �,. : �� 45 • •' 1 + �� _.4. �Cl� � � �'JI�'JI� _ _ MOTION by Councilman Hamernik to receive the bids. � i� � • Allied Blacktop 10503 - 89th Avenue North Maple Grove, eM] 55369 Bitwninous Roadways 2825 Cedar Avenue Minneapolis, MN 55407 Mic�aest Paving & Recycling ComFany, Inc, 6350 Industrial Drive Eden Prairie, MN 55344 Batzer Construction, Inc. P.O. Box 1025 St. Cloud, MMPII 56301 I'.�ii� :.� �u 5� 5% 5g 5� e '�'- � $179,943.17 $183,533.57 $195,465.24 (Late Bid 11:15) $190,006.87 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous�y. Mr. Flora, Public Works Director, stated four bids were received for Lhis sealcoating pro�ect ranging from $180,000 to $195,000. He stated this was a 7oint bid with the cities of Coltunbia Heights and New Brighton and, it was found that Allied Blacktop is the low bidder and Fridley's portion is $52,925.12. Mr. Flora stated, in reviewing the prices received in this bid as compared with last year, the City saved about $7,000. He felt even though the prices were lower this year than last year, the �oint bid process alloweci � additional savings. MOTION by Councilman Fitz�trick to find that Allied Blacktop is the low bidder and awaxd the contract to them in the amount of $52,925.12 for Fridley's portion of this sealcoating pro�ect. Seconded by Councilman Hamernik. Lipon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 MOTION by Councilman Schneider to extend congratulations to the staff for a job well-done and for participating in this 7oint bidding process in order to realize a saving to the City. Seconded by Councilman Fitzptarick. Upon a voice vote, all voting aye, Nlayor Nee declared the motion carned unanimously. •_ �� ': �, '�_ �.�� ...�`� � .�� cla� •� �i� � �� : '��. : •��•�_' • •�llli _ • L. � �Ss '_..�I� �� ,n � �_�. �� ..�� .,� :' Y4 � ; . • � � � ' • N��11� � IlS. � �. ' �� 't. — MOTION by Councilman Hamermk to adopt Resolution D1o. 48-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motzon carried unammously. 1 "� ��1�, _ 4_ .1�. • y. • � . i_� � l�� , • _ • � �I� � • � � • 71+ • • 1�M �l� i C. :' .. \ • • 'JI' _ � �I� ' l ' 'JI 'Jll • � il —i � � � � s _ C . � , �� • JI' 91� P40TION by Councilman Hamernik to adopt Resolution No. 49-1983, and appointing John Flora as the City's representative. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CO IDERATION OF A RESO UTION REOU T N[' R RMj.' COR OF T SNSPECPION OF EMIItGIIVCY LEVEFS WITHIN THE CITY OF FRIDLEY• � Councilman Hamernik questioned the costs involved in these inspections. Mr. Flora, Public Works Director, indicated there would be no cost for the inspection, however, if it was found the levees needed to be upgraded, it wou]d have to be determined where funds would come from for the upgrading and maintenance, Mr. Flora stated, at this time, he did not know whether any funds were available through the Army Corps of Engineers or if the City would have to p�y the cost or at least share in the cost. Mr. Qureshi, City manager, stated the levee was built as a temporary levee in 1969, however, the City chose to retain that material and rebuild a road over it, He stated it is possible the Army Corps of Engineers may indicate this is only a temporary or emergency levee and doesn't meet the standards. MOTION by Councilman Barnette to table this item to the next meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. RFSOLUTION N0. 50-1983 R� II�TPh'R IN'iT) AN AQ2EEMII�FP WITH THE STATE OF MINNESOTA DEPAIrPMQVT OF PUBLIC SAFETY ZU PROVIDE INSPECPION SERVICES: MOTION by Councilman Hamernik to adopt Resolution No. 50-1983. Seconded � by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. CLAIMS= N10TION by Councilman Schneider to authorize payment of Claims No. 118Z03 through 133T15. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSFS: MJTION by Councilman Fitzp�trick to approve the licenses as submztted and on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. � � � a � � y . � r � �� . . � fi � MOTION by Councilman Schneider to approve the swimming pool licenses presented and file in License Clerk's Office for future reference. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � •�il�_ �L 1�. • �L': _ ' � _4.' y •� 1 MOTION by Councilman Schneider to approve the estimates as sulanitted. Herrick & Newman, P.A. 6279 University Avenue, NE Fridley, MN 55432 For legal services rendered as City Attorney for the month of April, 1983 E. A. Hickock & Associates 545 Indian Mound Wayzata, MN 55391 Professional Services, February, 1983 Professional Services, April 1983 Moore Lake Restoration Pro�ect Phase I = $1,395.62 Phase II = $1,279.56 Monette Construction Comp�ny, Inc. 2050 White Bear Avenue St. Paul, NIN 55109 Partial. Estimate #1 Fridley Community Plaza Pro�ect $1,8q2.40 $1,411,65 $2,675.18 $9,025,00 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �_._ i��i Councilman Hamernik stated he received a number of calls from residents regarding the staff's handling of the matter of a hazardous waste � processing facility in the City. He stated everyone who contacted him was very pleased with staff's presentation and appreciated their efforts. Councilman Fitz�trick stated he had also received calls with the same comments. •� �. •�s��4. MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor rlee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 16, 1983 ad�ourned at 9:55 p. m. Respectfully su�nitted, '��,�� '��'.�-.-� Carole Haddad Secretary to the City Council Approved: June 6,1983 � � 4%% �i�d� ��-' -� � ° Wil am J. Nee A�yor � r, __,