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10/17/1983 - 00012435�s 1 n �� ; � THE MI 1TF OF THF Rr�X'nT,AR [�FE'PING OF '�aF FRT gy' Ty TN I OF OCTOBE 17. 1983 The Regular Meeting of the Fridley City Council was ca7led to order at 7:32 p.m, by Mayor �Iee. ALIDGE OF ALLEGIA1+dCE • 67ayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESIIVT: Mayor Nee, Councilman Barnette, Counclltn�n Schneider � Councilman Fitz�trick and Councilman Hamernik MIINBERS ABSF�]T: None :'• �I / 1 tl Y �� 1 S._ �i - C � . . MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee der_lared the motion carried unanimously. �.0 i ., �y►�: �� MOTION by Councilman Schneider to correct the minutes by adding the Roll Call and indicating all Council members were present. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, MIayor Nee declared the motion carriec7 unanimously. MOTION by Councilman Schneider to approve the minutes with the above correction. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously. 11DOPTION OF AGEI�IDA: � P7ayor Nee xequested an item be added: "Consideration of a Resolution Co�nending Staff for a Job Well-Done in Regard to the Open House Held for the Center City Pro�ect." MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor �3ee declared the motion carried unanimously. OPEN FYJRiR`4 VISI�RS: Thexe was no response from the audience under t,his item of business. � �iI ��i 1� _ � �. • �.�+� : �� . ' : . ' . . _. PAGE 2 �' �`i P . , �, . ..�•� �� •�� �,i� � �� i � �,�• � '� l :��,u •' �,� 1�u�1' J '• ,i� ; . � �1 �• \I� . � *.r. i � ��� ` P'�TION by Councilman Schneider to continue this item to 8:00 p.m, Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i � t L � • � • � L • , �� • � � . � i �, �Ir. Walt Berdnik, General Manager and Mr. Bill Lanqendorf, Vice-Presic�ent and General Manager of the Minnesota Area for Storex Cable Televisian were piesent regarding issues the Council wished to discuss with them anU the Cable Television Commission members. Members of the Cable Televi�ion Commission who were present were Barb Hughes, Ea Kapszak, and Duane Peterson. Mayor Nee asked Councilman Schneider to open the dtscussion regarding some of th2 issues for which he was concerned. Councilman Schneider stated he worked on negottations for the franchise so he has some concept as to what is contains. He stated, over the last several months, he has been disturbed over what he perceives ta be a latent disregard Eor some of the key issues in the Eranchise. Councilman Schneider stated nothinq has been sent to subscrihers which has the Cal�le Company's current phone number on it, as requYred by Section 405.073 of the franchise ordinance. He stated he had difficulty reaching them when he had a problem. Councilman Schneider stated the franchise agreement, Section 401, page 1H, � concerns the delivery of the highest quality of cable service. I3e stated, up until Friday, he had a continuing problem with his own service, as did many of his neighbors, He stated this now has been partly corrected. He felt the Cable Company wasn't livzng up to providing the highest quality of signal and service to all subscribers. He stated, as far as testing standards, he assumes others also have the same problems. Councilman Schneider stated the franchise agreement, page 32, provides that Storer shall furnish the Cable Coimnlssion with business reports advising them of progress made an utilization of channels, ete. He statec� he dicln't believe there was any notification to the Commission prior to rearrangement of all the channel structure, He stated under Section 707, page 36 of the agreement, Storer is to maintain a sufficient repair force of technicians. It states maintenance techniaians will be on duty £rom 8:00 a.m. to 8;00 p.m. Monday througi� Friday. He stated when his problem first occurred, he made ntunerous phone calls and was informed no one would be on after 5:00 p.m., unless his set was completely out. He stated other persons received the same stoxy when they called. � _, , , �� �� _ �. • �ys�:�. .. �dl �J�l Councilman Schneider stated there are provisions to assess Storer for clan�ages for failure to comply with any conditions of the franchise and he questions if they should start this process. Councilman Barnette stated he had received several phone calls in regard to the recabling where cables wexe left in the street. He stated he was contacted by persons working with other organizations; namely, the telephone company, and they indicated they couldn't get away with the hazardous problem created by leaving these cables, He stated it took a considerable amount o£ time before he could reach anyone that could give a satisfactory answer. He stated the answer they finally did receive was � someone would get back with him in the morning. He stated when he heard about the potential danger, he felt action should have been taken right away. Mayor Nee stated his reception is bad and, as far as the maintenancer the service leaves something to be desirec3. Ms. Hughes stated the Cable Commission has heard some of these comments mentioned in a casual way, but none have been formally brought before the Conunission. She stated the Commission has not acted on any of these isues because, in essence, they were rumors or at least unsubstantiated. She stated the Conunission, at the last meeting, was aware of some of these issues and they are here as well for information. She stated she would ask for formal complaints if they want to proceed further. Mayor Nee asked if the Conmu.ssion recexved notice of the change-over. Ms. Hughes stated they haven't, as yet, received notice, but felt the information will be forthcoming. She stated because of some change in personnel and their budgeting process, the October report wasn't received. She stated the Commission has not had any formal complaints that weren't resolved at the com�ny or City staff level in the last year. Mayor Nee asked how the cable reception was in her home. Ms. Hughes stated � the problems in her home have been more in terms of production problems and not transmission problems. Mr. Peterson stated his cable reception was satisfactory. Mr, Kaopszak stated he has good reception, but had a problem on Saturday and called and it was cleared up in two hours. Mr. Berdnik stated, as the Council knows, he is new to this district. He stated he would lzke to respond to the questions brought forth, and woulci be happy to discuss them futher on a one-to-one level. He stated, as far as the problem with the picture quality in their system, if they ar made aware of it, they do respond. He stated they have found, �.n some areas, where they had complaints about poor quality of the picture ' �� i� ,� �. • ����:�• �: .. it has heen due to some illegal equipment being used in addition to their cable. He stated they are working to correct these problems. He stated, in some cases they are not being called about problems, therefore, they are no able to deal with then. Mr. Perdmk stated he was proud to tell the Council L-hey have completed the re-build. He stated, unfortunately, what occurred was through his own negZigence by not notifying the Comrnission. He stated the technician had come to him and stated he was going to bring the channels up over the weekend. � He stated the technician was ecstatic over completing thzs change-over and he told hzm he did a great job accomplishing what he had done in brznging on the additional channels. He stated, as he stands before the Council and Conunission, he was wronq in that they neglected to inform the Co�nission. Mr. Berdnik stated, as far as the maintenance program, he felt they will see marked improvement in the picture. He stated there may be a bad piece of cable or connection to a home an there is no way to monitor it, unless they are notified so the problem can be corrected. He stated they are taking their amplifiers and making sure they are performing to their specifications. Mr. Berdnik stated they have technicians on-duty 24 hours a day. 7 days a week. If someone calls, they will get the answering service which, in turn, relays the message to the technicians, I3e stated the way it is supposed to work is if they get a call after 8:D0 p.m. regarding picture transmission, a truck would be disg3tched the next day. He stated, in emergency cases, the techniczans are there to correct the problEm. He stated if there is a problem with a converter, it would be tak�n care of the same day they received the call. � Mr. Berdnik stated he received two �one ca11s and responded to both on the matter of the cables being left in the streets. He stated, in both of these cases, the cable was running par�11e1 to the street and was not in the street. Mayor Nee stated what they were referring to was cable left in the streets and on the ground, Mr. Berdmk stated the two ca11s to which he referred are the only ones he was aware of, Mr. Berdnik stated a new brochure has been printed and mailed to all subscribers and it does contain the phoiie nwnher for Storer. �IZ. Berdnik stated they are experiencing diFficulty with the answering service, however, he was told this was the best available which does concern him. Councilman Schneider stated he observed the old cable on the ground disconnected. Mr. Berdnick stated it was possible this could have occurred � .,.J�, �-- � � �� L�.1!�� _ ��. • � �,� : �. . . and apologized for it. He stated what they did was an overbuild and physically took all new cable and hardware and energized the new cable and, after the cutover was campleted, the old cable was taken out. He stated the purpose was to serve the residents better with a minimal disruption of service, Mayor Nee thanked the representatives of the Cable Comg�ny for replying to the Council's concerns. He also congratulated them for the work they have done for the public access group in providing them with a fine studio, � : � • ••��• �� • � •�u �� � •�,uw • r � � � �l :• u � • � � 1�u w� � � •• �u y�.. � � � ��� . � ��:�w_[ � � �.�� � t+1�TION by Councilman Hamermk to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously and the public heaxing opened at 8:05 p.m. Mr. Inman, City Clerk, stated the public hearing is on the request by Skywood Mall (Fair Oaks Pro�ect) for a$7,000,000 industrial revenue bond. He stated, with completion of this pro�ect, it would generate about 125 new �obs and an annual payroll of $1.2 million. He stated in addition to providing office space and new shopping s�ce, there would be a motel and the estimated generated taxes upon completion of the pro7ect is $275,0�0 to $300,000 per year. He stated the City has reviewed the financial data and finds it to be an extremely solvent organization and recommends approval. P4r. Mark Haggerty su�nitted a layout of the new pro�ect area and a drawing of the front elevation, He stated they have met with residents of the area and some are here this evening. Mr. Aaggerty stated they had some revised architectural plans come in as late as Friday, The reason for this was to take in some of the concerns of � the neighborhood. He stated one of the changes would be 20,D00 square feet of oifice sp�ce. He stated, in addition, there would be 65,000 square feet of m�tel plus 11,000 square feet for banquet facilities in the basement of the motel and 3,300 square feet for a restaurant and courtyard and pool. Mr. Haggerty stated there will be extensive landscaping. P4r. Haggerty submitted a�nphlet showing the type of operation the owners have at the Fair Qaks Motel located in the southern area of Minneapolis. Mr. Haggerty stated he felt the area needs a tremendous amount of- improvement and this pro7ect would enhance the entire area and $5,500,000 would actually be put into the pro�ect. Mr. Haggerty stated hlr. Darwin DeRosier is a principal and one of the owners who will be in this venture. Mr. Haggerty stated when he and Mr. DeRosier met with the xesidents, their biggest concern was the rear elevation, and the entrances in the back have been reduced from 17 to 3. He stated another of their concerns was the traffic, but he felt with the new semiphores, they should accommodate the additional traffic. He stated there is adequate parking since there are over 400 stalls. � —I Cptmx'rL NLETING OF OL'iOBER 17 1983 P E �'-f- �,a' Mr. Haggerty stated another concern of the residents, their biggest concern was the rear elevation, and the entrances in the back have been reduced from 17 to 3. He stated another of their concerns was the traffic, but he felt withthe new semiphores, they should accommodate the additional traffic. He stated there is adequate parking since there are over 400 stalls. Mr. Haggetty stated another concern of the residents was noise. He stated the restaurant and matel will operate without a liquor license and hopes this will keep down the noise level. He stated the motel will be family- oriented and banquet facilities available in the bas�nent. He stated the � building will only be two-stories high so there shouldn't be any view restrictions from the neighbors on the hill behind. He stated they have strived to acco�iodate all the concerns of the residents. Mr. Haggerty stated a letter has ben received from the Fridley Chamber of Commerce endorsing the p1an for the Skywood Mall pro�ect. The letter indicated they felt the addition would benefit the m,all area and existing businesses, Councilman Hamernik stated $5,500,000 would go taaards actual costs of the project and asked where the balance would be spent. Mr. Haggerty stated of the $1,500,000 balance almost $400,000 is to pay undenariters; another $100,000 in costs such as printing and official statements and attorney's fees; capitalized interest of another $700,000 to $800,000 which would cover the interest cost during construction before rents are generated from the motel; and the balance is a dept xeserve to cover any defaults in event of non-paymenL of the bonds. Mr. Bud Kuether, 5268 Taylor Street, stated he believed he has been here four times to get the hzll behind Skywooc3 Mall fzxed, He stafied they were also here regarding noise in their area. He stated � there will be noise at the motei whether or not they serve liquor. He felt by putting in a motel, it would compound the existing traffic problem. He stated it is almost impossible to get on or off Central into Skywood Mall. He stated the motel will generate more taxes, but it will make it a hardship for persons who want to qeL up the hill to their residences. He stated it will also be hard for persons trying to get into 7tain City Federal. Mrs. Judy Engebretson, 5216 Taylor, questioned whether the parking would be adequate. She stated the situation there now is that you can hardly get through the �xrking lot and felt, with the motel and banquet facilities, she wondered if there is sufficient parking. She stated there are also plans to bring p�rking to the back of the matel and she thought commercial developnent would r�nain taaards the front facing Central Avenue. She said it seems commercial development is coming closer and closer to their homes because there now will be traffic to tYte rear of Skywoocl Mall. � � �i�� �� �l� _,� � ���If� C 7i[ • i Councilman Barnette asked Mrs. Engebretson what she had now in her back yard as a buffer. She stated they had put up a fence, but that is now gone hecause of erosion anc1 currently have planted lilacs. She stated they have to retain their view in order to keep any value to their property. Councilman Hamernik asked Nir. DeRosier if they have any plans to maintain the hill. Mr. DeROSier stated the hill is a problem and they would like to do something about it, but would need some expertise in this field. He stated they would want something that is aesthetically pleasing. Mayor Plee stated the question this evening is not whether or not they could � build the motel because it is propertly zoned, but whether the City wants to permit the issuance of industrial revenue bonds. He felt it hinges on whether or not the Council thinks it would generate more �obs and payroll and provide a greater tax 6ase. A gentleman in the audience asked about then aplying for a liquor license in the future. Mr. DeROSier stated he doesn't want a liquor license. He pointed out there are restrictions on the land lease to the Ground Round and no one else on that property can have a liquor license. He stated the lease runs for 15 years and Ground Round has indicated they wouldn't release their hold to serve liquor. He stated the covenants, haaever, wouldn't restrict anyone from bringing in their own liquor for events in the banquet facilities. The gentleman stated he has a concern because he lives in the area and has young children. He stated this complex would be right in their back yard, 50 f-eet from their property. Mr. DeROSier stated the plans were changed, a£ter meeting with the residents, because of their concern over the entrances 1n the back. He stated they have reduced the entrances to three which are required for fire purposes. � Councilman Barnette asked Mrs. Engebretson if she would be able to see into the motel from her home. She stated she isn't on the same level, but the home on the corner will be lower because there is a significant drop in the slope of the hill. Mayor Nee asked �Irs. Engebretson if she had a suggestion haa she would like this land used. Mrs, Engebretson felt she could live with an office building or restaurant. She stated right now they are talkzng about changing a 6 day operation to a 24 hour a day operation. She stated she is a little leary of what kind of people the motel would attract into the area because of the small children in their neighborhood. She stated she is concerned about the additional traffic, as she doesn't see where they have sufficient parking facilities now. She stated she fully understands it is zoned commercial, but never really expected anything like this to come about. She stated she wished somaone could tell her what it is like liv�ng with a motel as a back door neighbor. � u 1� �. �. • � y�� c �; h1r. DeRosier stated traffic to a motel is usually not during the peak traffic periods and motels don't create the greatest traffic probleros, Mrs, Kuether stated what really should be happening is samething to improve the traffic stivation. A gentleman in the audience stated he would like to see an office complex in this area. Mr. DeRosier stated an office camplex in order to survive on that corner would have to be five-stories high, whereas the motel would only be two-stories. � Councilman Schneider asked if the motel would be sprinkled, Mr. DeRasier stated the motel, as well as the mall, would be sprinkled. MfJTION by Councilman Hamernik to close the public l�earinq, Seconded by Councilman Barnette. Upon a voice vote, all voting aye, i�iayor Nee declared the motion carried unanimously and the public hearing closed at 8:50 p.m. '.si�11C���� �M�_ :i�Si:��!s'!l1 •- � ,u � ► !!• • • � . 1 1 ��..i/i. �l �, �I� 1 Mr. Flora, Public Works Director, stated he talked to Mr. Ingram and informed him of the Council's direction to look at 100 square feet of signage for service stations. He stated Mr. Ingram indicated he would like the Council to process his application, as originally submitted, and take a vote on it. Mr. Herrick, City Attorney, stated the Council would have three alternatives to either approve or deny the request or approve the request for something less than what is being requestecl. Councilman Hamernik stated the current request is for a 183 square foot sign and the petitioner has indicated he does not desire or doesn't request approval for a 100 square foot sign. � Councilman Hamernik asked if there was any possibility for reconsideration, if they deny t,he variance request. He stated he wauld like to leave P4r. Ingram the option of changing his request, but convey to him the request for a 183 square foot sign would not be acceptable. MOTION by Councilman Barnette to deny the vanance request to increase the rna�cimtun size of a free standtng sign for 7600 Umversrty Avenue as filed by Kenneith Ingram. Seconded by Councilman Schneider. Mayor Nee stated if the above motion �sses, he would take a motion from anyone voting on the revailing side to have it brought up again for reconsideration in the event the petitioner decided to reduce the square footaqe he is requesting for the sign. U1�N A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. L� rn �,t .. t 1 � C1_ � �, ��.1� I �. • ���� : �• •• � • � • "• \ l �� �I\L.it�} ��.LL� _ •� : �� 1 MOTION by Councilman Barnette to table this item to the next regular meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, hlayor Nee declared the motion carried unanimously. • • � � I� � : � 91 n \ 'syt971i � � • e_ �. � u.� _. \ 91� ' D • 1� � � � N10TION by Councilman Fitzpatrick to waive the second reading and adapt Ordinance No. 789 on the second reading and order publication. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared � the motion carried unanimously. NEW BUSINESS: . �� , � •► � �. • � �. • � �Sl �,3�. � �� • �. � ►I� �_:_�9_' �u . ..�• ���L4G��._ • C � ��� Mr. Flora, Public Works Director, stated this ordinance is based on the Blaine ordinance covering new hazardous waste facilities. He stated it addresses the facilities for hazardous waste storage and treatment. He suggested this be referred to the Planmng Commission for their review. Mr. Qureshi, City Manager, stated the last time the Council discussed the issue, the approach was to adopt the ordinance on first reading and then refer to the Planning Canmission and the Planning Cammission can refer it to the Envirormiental Quality CommYSSion, if they desire. P7r. Eerrick, City Attorney, stated the Pollution Control Agency adopted the criteria that had to be met in order for a hazardous waste site to be approved. He suqgested staff obtain copies and transmit those to the Plamm�g Commission, as he felt it might be possible to strengthen the ordinance by incorporating some of those limitations, MOTION 6y Councilman Schneider to waive the reading and approve the � ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to refer this ordinance to the Planning Cammzssion for their recommendation before the second reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� � •� �� • • • •. .�� ;' �� •_; • : �� •; y � •��u a�• � � � �► aur � e�� i rM � • •��� '1'� 3t1� !:��iN� 11 /1 ��I�• � �CA�'�i Mr. Flora, Public Works Director, stated the Assembly of God Church is requesting a pernit to place two trailers on the ad�acent property aaned by Unity Hospital to be used for classroans for Sunday School. He stated the church is planmng on constructing a new facility and needs some space to hold their classes until the new building is completed. He stated it is proposed to locate the trailers on the east property line between Unity Hospital and the church. � � � 1 �� 1� �_�_�. • ��s�:�. .. � 2he representative of the Assembly of God Church stated the trailers would be white alumintan purchased fran Hilltop Trailer Sales and would be used as classrooms. He stated they currently use three classrooms at Unity Hospital, but still need additional sp3ce. He stated they plan to start construction on their new facility next spring. MOTION by Councilman Hamernik to grant the request for a house trailer permit for two trailers to be used for classrooms for a two year period. and waive the fee, as requested by the Assernbly of God Church. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �� _��i� �� ���i _ •� u • _ � � : ��14:II�H ; � � � � y,l . �. . �. , � _�i� . ���._ s ��. •• �; • �• r, � , i� - � � � : �. � � • �_�� ._ � � i� •• �t �. .�u � - - ay •.� •� i � ► _ � �� • . � � . • • �� �L • 4M, ��i� . � �; •• 1 • n .� � ,. - 4 :l S • • Mr. Flora, Public Works Director, stated there are actually three requests for this �rcel of property involving a special use permit, a lot split, and variances. Mr. Flora stated Superamerica is proposing a service station on the southeast corner of 73rd Avenue and Highway 65 and to split this parcel lnto two (Parcels A& B), with the service station located on Parcel A. He stated at this time, they have no plans f-or develognent of Parcel B. Mr. Flora stated in con7unction with this develo�znent, a service drive or loop back is proposed. He stated, if they proceed with the loop back, it would mean a variance is necessary on the lot size and setbacks. Mr. Flora stated the Plamm�g Camnission heard the request for the special use permit which is required in orc7er to construct the service station in a C-2 zone, and recommended approval of this special use permit. The Planning Conmussion also recommended approval of the lot split, L. S. �83- 04. with the stipulation that a 15 foot bikeway/walkway easement be retained along 73rd Avenue and rPmoval of the existing Naegele sign on the property upon lease termination. Mr. Flora stated the P.ppeals Commission addressed the vanance requests to reduce the lot setback from the required 20 feet on the side yard to 15 feet and to reduce the rear yard setback from the required 20 feet to 11 feet and to reduce the lot size from the required 1-1/2 acres to 1.35 acres on Parcel A and to reduce the lot size from the required 1-1/2 acres to 1.05 acres on Parcel B. He stated these variances were sub�ect to easements of record, as well as adequate landscaping being installed, and a 15 foot bikeway/walkway easement being dedicated. �����; _ � �; �'�� �1N�TL MFEI'TNr' OF ()C71� F'R 1'7 1$ PAGE 11 P7r. Schuette, of Ashland Oil, Columbus, Indiana, was present representing Superamerica. He submitted a drawing of the service station proposed for this property. Councilman Schneider asked the size of the building. Mr. Schuette stated it would be 3,800 square feet plus a canopy over the gas piunps. He stated they have no plans, at this time, for the other parcel. He stated they plan to have the Superamerica store in operation before they put the other �rcel up for sale, He pointed out, with the service drive, it would probably n�ake the other �rcel more saleable and the service road would separate the two p�rcels. Mr. gureshi, City Manager, asked if the road would be constructed to City � standarcls. Mr. Flora stated Superamerica would build the road and then dedicate it to the City and it would be built to City standards. Mr. Qureshi, City Manager, asked if a 10 foot green area could be provicied between the bikeway/walkway and the parkinq lot and if the southeast p3rking stall could be eliminated for safety reasons, Mr, Qureshi stated the additional green area is to provide for snow storage and better landscaping. Councilman Schneider stated, as he understands, originally Superamerica wasn't supportive of the road. P4r, Schuette stated he understands it was the staff's recommendation for the loop back, as recommended by Mr. Boardman. He stated they weren't supportive of this in the begznning to dedicate 50 feet ot right-of-way all the way arow7d. He stated the �re they looked at it, and with a little persuasion, decided to go along with it. He stated other things have come up such a the corner cut which he didn't knaa about until today, but they have no ob�ection to it. Niayor Nee questioned what could be put on the other lot, if the lot split is approved. Mr. Flora stated a small commercial structure could be placed on the � parcel. He pointed out, until this year, the City had allowed a minimum of 3/4 acre lot for that type of develognent. Mr. Qureshi stated that in the �st, if the property met standards and if some dedication of the property has been requested, the Council has not even required a variance. He pointed out the City is taking some of the property for the road and public purpose since it will be dedicatec3. Mr. Herrick, City Attorney, stated the same things may be accomplished by having the road put it and not being dedicated to the City whereby it 6ecomes a private driveway and then a variance isn't needed as they would have the proper size. P7r. �hareshi stated the point is whether the City wants this to be a public road. He stated he felt, for the type of use, it would be better for it to be a public road. He stated if it was to be a private roadway, the �� J ,� ��! �inx�r , MEETING OF OCiOB .R 17. 1 83 PAGE 12 variances would not be needed. He stated staff felt that to leave it as a private road would not be good and would not serve the public purpose. Mr. Schuette stated there is no reason why they couldn't put in the 10 feet of green area between the bikeway/walkway and the parking lot. He stated they could also live with eliminating one p�rking stall in order Lo provide a better view. Councilman Schneider asked haa likely it is that Parcel B woula develop. Mr. Herrick stated there are quite a few buildings developed on one acre � lots in the City. Mr. Haggerty stated he felt it would be feasible and viable that this �arcel would develop. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP #83-Q9 for Superamerica with the following stipulations: (1) a 10 foot green area !�e provided between the bikeway/walkway easement and the parking lot; (2) the southeast parking stall, as outlined on the drawing, b eliminated for safety reasons; and (3) the road constructed be properly built to City standards. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant lot split, L. S. #83-q4, to Superamerica in order to make two building sites at 7201 and 7299 Highway #65 N.E. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, b7ayor Nee declared the motion carried unanimously. P70TION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant variances to Superamerica to reduce the �rking lot setback and lot area at 7201 and 7299 Highway #65 N.E., seith the following stipulations: (1) sub�ect to easements of record; (2) � subject to adequate landscaping; and (3) dedication of a bikeway/walkway easement. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� •s�l �. ��.1lJ � �,I�IL � ���.�I� .. .i.. '�' i: 1 � _�i1 " i7� "� J� �%� __ ,L �� _ � ��._ Mr. Flora, Pu61ic Works Director, stated Mr. Lyons is requesting a specia3 use permit to construct a service repair garage in an industrial zone at 7948 University Avenue. He stated the repair garage would be located in one of the back buildings along Ranchers Road and the petitioner is proposing to use two bays within the develoianent for the garage. Mr. Flora stated such a use is permitted in a C-2 zone with a special use permit. � , �_ � , �s:��r� •• �, • �.4��:_; .. He stated the Planning Commission recommended approval of the special use permit sub�ect to the following stipulations: (1) no outside storage of garbaqe containers; (2) no outside repair oP cars; (3) no overnight storage of cars outside the building; and (4) staff review of the special use permit after one year. Mr. Flora stated it is recommended, if Council approves this special use permit, they may want to authorize it for a three year period, with staff review after one year. N1s. Flora stated there are some items that need to be addressed regarding the Iandscaping between the two ad�oining parcels and the pylon sign is too close to the curb and needs to be set back. Also, the parcels need to be combined into one tax statement. Mr. Aldrich, Fire Chief, stated the applacant contacted him before he proceeded with this request and he doesn't anticipate any problems. He stated this is a sprinklcd building. MOTION by Councilman Hamernik to concur wxth the recommendation of the Planning Commission and grant special use pernut, SP #83-1D, for a repair garage to be located at 7948 University Avenue with the following stipulations: (1) no outside storage of garbage containers; (2) no outside repair of cars; (3) no overn�ght storage of cars outside the building; and (4) the special use permit be granted for a three period, with staff revic�aal after one year and, if there are no problems, it could be extended for another three years by Council action. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to receive the minutes of the Planning Commission Meetings of September 28, 1983 and October 5, 1983. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor tdee declared the motion carried unanimously. 1 �, � � i� �����_ •��l4•• •� �: � �M4�. .S �,i ; 71 '•�• : � •' ,71� 1 : - - - Mr. Flor�, Public Works Director, stated bids were received and opened on October 5 for the Civic Center sprinkler syst�n, He stated the low bid was received £rom Schwickert's Inc. and it is recommended the contxact be awarded to th�n. MOTION by Councilman Hamernik to receive the bids for the Civic Center sprinkler system. • • • � Firebird Sprinkle Protection Co. New Mech Tndustries Grinnell Autanatic Sprinkler Olson Fire Protection Gorham-Oien Mechanical Inc. Hayes Contractors Inc. Industrial Sprinkler Corp. : � � .t y 5% - St. Paul 50 - Federal Ins. 5% - Inland Ins. 55 - Inland Ins. 50 - Wausau Ins. 5a - United Pacific $ �TAL 23,600.00 17,733.00 23,813.00 18,300.00 22,200.00 25,370.Q0 � i� � � � � ��.1� �. • ���:�; •: (BIDS OpNTINUID) �7idwest Fire Frotection Inc. Viking Automatic Sprinkler National Aukomatic Sprinkler Schwickert's 5� - United Fire & Casualty 5� - Chubb Group 5� - Continental Ins. 5% - American Institute rTi'� i�tii�'i pAGE 14 24,770.00 20,590.00 19,997.00 15,F300.00 Secorxied by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. M6TIOA1 by Councilman Hamernik to award the contxact for the Civic Center sprinkler system to the low bidder, Schwickert's Inc, in the amount o£ $15,800. Seconded by Councilman Schneider. Upon a voice vote, all votinc� aye, Mayor Nee declared the motion carriec7 unammously. � Y •� �• •• •• ••�'a i 4 u7dYt� 1 � �I i • • � M�TION by Councilman Schneider to adopt Resolution No. 98-1983. Seconded by Councilman Hamernik. Upon a voice vote, a13 voting aye, Mayor Dlee declared the motion carried unanimously. �_ �+ ,� �� �� � �i.._ _1:'� •�it� � •�• �D'J_Is e )� '• �\1� � � yl_�` \ �— i� , t �'s+.�'• ' • _ll�l�. � � �I L' •yl� N�� � �,�' �I� . �s �� ...,�� � ��i� ' �J��� _y� '�' •l � l •• ���1 �Y�'. 1�� Mayor Nee felt this was a viable pro�ect and stated he is always beinq asked why they don't have a good motel in the City. Councilman Hamernik stated he felt a motel is needed to support business in the City and promote development. He stated he wished to address the concern of the neighbors regarding the hi11 behind Skywoocl Mall. He asked if a plan can be required from the developer which would detail the landscaping and maintenance proposed either before or when the building permit is issued. [9r. Q�reshi, City Manager, stated this is a concern of the neiqhborhood and would hope the developer would have a design and landscaping to protect the property. He stated some professional help may be needed in this area in order to avoid continual maintenance problems. Councilman Schneider stated he thought the plan for the motel eras good, however, is sym�thetic to the residents there. He stated, frankly, he didn't know of anything better to be developed on this property. He stated it is zoned properly and seems to be a good use of the 1and. MOTION by Counctlman Hamernik to adopt Resolution No. 99-1983. Seconded by Councilman Sarnette. Upon a voice vote, a11 voting aye, t�9ayor Nee declared the motion carried unanimously. MOTION by Councilman Hamexmk to instruct staff to work with the developer, as p�rt of the building permit process, to �rovide a system where the hilA i, �, ' � 13 i�1Jl _ _S. • �ii�►�C71[ �� behind Skywood Mall could be properly protected and maintained in the future. Seconded by Councilman Fitzp�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. gF., OL.� TION N0. 100-1 $3 i,T,T� FOR A PU T.IC HEARTN�' ON A PRO�GAT Un�DERTAKE ADID FINFLn7CE AN INDLTSTftLAr D��rf�p�FNT PRQ7EC.T (JOHDLL�N PRINTTNGI • Mr. Inman� City Clerk, stated a public hearing was held for issuance of $4,000,004 in xndustrial revenue bonds under Frank Shear and Associates. He stated Johnson Printing has requested the issue be split and to have another issuance in the name of Johnson Printing for the equipment. Councilman Hamernik asked the total amount of £unds they are requesting. Mr. Casserly, representing O'Connor and Hatuian, stated the amount will be about the same as requested previously, around 4,2 or 4.3 million. He stated if they didn't proceed in thYS manner, it would be necessary to go into a series of bonds; however, this way there would be a shorter term on the bonds. MDTION by Councilman Hamernik to adopt Resolution No, 100-1983, and set the public hearing for P3ovember 21, 1983. Seconded by Counczlman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • •, • , 1 _ �� ��UIU �I�!� �. MOTSON by Councilman Schneider to adopt Resolution No. 101-19E�3 commending the City staff for a �ob well-done in regard to the Grand Opemng held for the City Community Plaza and Community Park. Seconded by Councilman Fitzp�trick. Upon a voice vote, aIl voting aye, hlayor Nee declared the motaon carned unanimously. 14. CLAIMS: MOTION by Courtcilman Barnette to authorize payment of Claims No, 271503 through 288M11. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. 15, LICENSES: P10TION by Councilman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 16. FSTIMATES: MOTION by Councilman Fitzp�trick to approve the estimates as subnutted. Herrick & Newrnan, P.A. 6279 University Avenue, N.E. Fridley, Minnesota 55432 For legal services rendered as City Attorney for the month of September, 1983 $1,861.20 �� � � IJ IL J � ��il\ _ -_ _\� � ���1�:.� •� . Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. � � � l;�i � MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor �1ee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 17, 1983 adjourned at 10:05 p.m. Respectfully submitted, �z�� %����� Carole Haddadz`��'�.�- Secretary to the City Council Approved: November 7, 1983 C, �j',�'�;�.E -�/L�� William , Nee N1ayo e r� r e _� J �w