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06/04/1984 - 00012245� � 7 2. � THE MIPIU�S OF THE REGULAR NEE IT NG OF' THE FRIDL�FY CITY_CO �C1I OF JUAE _?J�,. 1984 The Regular Meeting of the Fridley City Council was called to order by M.ayor Nee at 8:50 p.m„ after the meetirtg of thE Eoax�d of Fev�ew. ROLL CALL: PfEMBERS PRESENT: Mayor Nee, Couneilman Fitzpatrick, Councilu�an Eamernik, Gouncilmar, Schneider €.nd Gouncilnaan Harnette NEMBERS ABSENT: None APPROVAL 1�' MINUTES:_ CQUNCIL MEETING. MAY 21. 1984: MOTION by Councilman Schneider to approve the minutes as presentecl. Seconded by Councilman Fitzpatriek. Upon a voice vote, a11 voti�g aye, Mayor Nee declared the motion carried unaniuously. ADQPTION OF AGENDA: MOTION by Councilman Schneicler ta adopt the agenda as by Councilman Fitzpatrick. Upon a voice vote, all declared the motion carried unanimausly. OPEN FORUM. VISIYORS: presented. Seconded votin� aye, Mayor Nee Mr. Ed Wilmes, 200 Charles Street, stated the dedic2t:on of the bridge and parking area for the Islands of Peace wi11 be this Saturaay, June 9 at 10:00 a.m. and exteeded an invitation for all te attend. NIr. Wilmes stated recently a County Commissioner stated the I�lands of Fer•ce would eventually be included in the new Anoka County Piverfront Park. He requested everyone's support to keep the name of the Islands of PeacE alive. OLD BUSINESS: ORDINANCE N0. _$1� RECODIFYIN� THE FRIDLEY C71Y. CODE SY AN7ENDIniC CHAPTF;R 1 �_, ENTITLF,D_ °�ENERA,T�___PROV�SIONS_ AND_FEES. " SECTIO�? 111� FEES ( CARNIVAL FEES�_ MOSION by Councilman Schneider to waive the reading ar�d adopt Ordinance No, 815 on the second reading and order publicaticn. Seconded by Counc?lrnan Fitzpatriek, Upon a voice vote, all vaYing aye, Nayor Nee ceclared the motion carried unanimously. CONSIDERATTON OF A SPECIAL USE PERMIT, SP_.{k$4-g3>__F_OR ADI ADDITION AT.�F?Z5 UNNERSITY AVENUE $Y �OODCREST BAPTIST CHURCH (TABLFD��_1/84�_p Councilman Hamernik stated there were several meetings last creek with representatives of the church and the residents of the neighborhood, and zt has been requested this item be tabled for tv�o weeks tc evaluate ;=� �.,r�� COUNCTL MEETT[dG_OF�UNE_4, 1984 alternatzves. PtCTION bg Councilman Hamernik to table this item until the next regular Council meeting on June 18, 1g84. Seconded hy Councilman Fitzpatriek. Upon a vaice vote, all votin� aye, Mayor Nee declared the motion carried unanirnously. 3. CONSIDERAr1QN__OF A LOT SPLIT RE9UEST ON LOT 6. BLOCK 2,,_SPRI�IG VALLEY AD➢IT�UN AT J443 PICE CRE&K_FOAD BY CYNTHIA_BRAAM _{TABLE➢ 5/21/84): Mr. Flora, Public 47orks Director, stated this is a request to split off the , rear portion oF this lot at 1443 Rice Creek Boulevard. He stated the Flann,n� Commzssion rev�e+�eci this request and had some concerra because there is eat a road bo the rear of this property to allow it to develop. Ee stated the Comneiss�on recom¢�ended approval with the stipulatiora the City is not obligated to furnish a road for this pareel. Counc2lman Schneider stated his concern, if this property was to develop in the future, is that all costs for ner_essary improvements would have to be borne by the owner of this property, tr. �ureshi, City Manager, stated in 1974 the Council adopted a plan for th�s arEa where all properties would be assessed a total of �4&/10D square foot for storm sewer. He stated the C1ty would not be making any eommiLtment to put in a road by splitting the lot. He also pointed out the City has only a road easement an�l an additional 2Q feet should be obtained for a drainage easement. MOT70N by Councilman Sehneider to grant lot splzt, LS �k&4-04 with the fo]lo[.nng stipulatians: (7) the oorner understat�ds the pareel would be a landlocked 1ot; (2) by giving the lot s�lit, the City makes no committment to provlde a ruad or water or drainage system; (3) an additional 20 feet be given for a drainage easement; and (4) in regard to etorm sewer, no properties outside the development raould be assessed in excess of the total of �B.OQ per 10D square feet, for storm sewer, and any additional costs would be horne by the clevelaper of the property. Secorided by Counoilman , Fitzpatrick. Upon a vUice vote, all votin� aqe, Mayor Nee declared the motion carried unani�ously. �?El+r BUSINE55: 4. R£CRl�nr7C_pvANP�TNG COMMISSION MINIJTES OF MAY 2'�. 19�: 4A. SPF,CIAL USF PERNIIT,._SP�$4_O8 TO ALLLO[�_AN_A➢DITION_AND fiEMODELING FiT 1_MISSISSIPP7__hrAy, Fy REDEEMER LUTHERAN CHURCH: h7r. Flora, Fublie Works Director, stated Redeemer Lutheran Church has requested a special use perreit Y,o allow an addition to their facilities. He stated they currently have tk�e church and a building behind it and propase to remore a port�oii c�f that buildin� and combine the entire facility in orcier to prcvlde a felluwsh�p ha11 and handicap aceess. -�- � COUNCIL MEETING OF JUNE 4y 1984 .� ���� � Mr. Flora stated they have 259 parking sta]1s a�,d with t'rais cons�rrce,ian, zL would eliminate 16, but they will still be WiLh1R the code requirements, Mr. Flora stated the Planning Comn,ission recommcnd�d z�provai a_ tine saec�a? use permit with three stipulations regardan� an approved la,idscao� p�ai� i�e ne•* bu�lciitzg s}nould be compati}ale with the e,cistiag lauilding anrl ;r. harrcany with the residential character af the neighuorY,cod, and the speciaJ. use permit be sub,7ect to approval of the Rice Creek Water:shed D�str3cc and C�tv engineering requirements. � Mr. Flora stated one other stipulation shovld oe tha ¢�eraoval of ttie e�isLin� bus and trailer off the site when construcL�oi� as cani,%eLed, t�7pTI0Pd by Couneilman Fitzpatrick to concur �aitti *.he recomniandatson ��" Lne Planning Commission and grant special wse permit� SP �k84-0�3 with �l:e following stipulations: (1} ihere be an appraned landseape plan; (2) ihe finish of the new building :,hould be compatible iriin tne exisiin� bulAdiri� and in harmony with thE residential characttr of t�e ncighborhood; (31 �Zz� special use permit be sub,7ect to apprf�val of t��e 5ace C��ec�r i+l?tiersk�ecl District and City engineering requiramencs; an� (-';) �he e�_�sting Uus ar,d trailer be moved off the site when construcLian is co�?pleted. Secancled b} Councilman Barnette. Upon a voice vete, aii voting aye, Mayoi� Nee declared the motion carried unanimously. 4B. PRELIMINARY PLAT. P. 5. dk84-04. PLA2A Ci�NTER GnDITZpA', BY ;-IP,?S: h10TI0N by Couneilmau Hamernik to set the Fzearing on thzs prel3minar;� plat for July 2, 1984. Seconded by Councilman Barnette. Gpon a voice vote, al? votin� aye, Mayor Nee declared the motion carried unanlmously. 4C. SPECIAL USE PERMIT. SP 4684-09. T'0 ALLOW A Rr,PAL; GARAGC AT '65 5�RD AVENUE N. E.. BY RICHARD E. GREEN: Mr. Flora Public Worlcs Direetor, stated th_s �s a requast f'ar a spec3a] use � permit to locate a repair garage on properi;� presc.atly uwnea by Daytor.- Hudson. I3e stated the Plamm�g Commission recommen�led approcal of" the speeaal use permit with seven stipulations. Mr. Flora stated zf the special use permit is aPPresved, there wiYl be a need for three varianees whieh appears on the agenda iater �i� the meeti���. MOTION by Councilman Hamernik to eoncu� wzr.h the rcco[nendai.ion af iPie Planning Commission and grant special use permit, SL' ;�i�4-09 ���^ a repalr garage to be located at 'j65 53rd Avenue wich tixe iol3owing stspulatiors: (1) an approved landseape plan be submitteci to the Ca.i.y; (2) a mana�,eable slope oust be left on the eastside of the 3ot not �reater than 3:1; (�) if bad soils are found, petitioner must provide a soll alteraticn plan uLseti includes protection of the car wash properl;y; (p4) Fetitaoner nusr, u�ree to have no outside storage of cars or parts at axi� Lic�e; (5) requlre Lhai Lhe operation manage their used oil or other hazardaus waste throu�h appropriatie -3- � i��1 c'n �� COUNCIL MEETING OF JUNE 4. 1984 means; (6} an approveci drainage plan be required before a building permit is issued; and (7) thas special use permit is issued to the owner and is not transferrable withoixt approval by the Council. Seconded by Councilman Schneider. C�Pon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. 4D. LOT SPLIT REOUEST. LS fk84-06. TO ALLOW ZERO LOT LINES FOR A DOUBLE BUNGALOW AT 1571-157� 73RD AVENUE N. E.. SY ANNETIE POESCHEL: Mr. Flora, Pu61ic Works Direetor, stated this is property zoned R-3 north of q3rd Avenue and across the street from Onan Corporation. He stated the � petitioner is requesting zero lot lines in order to eonstruet a double bungalow on the property. He stated the petitioner plans to own one half and her partreer wil buy the other ha1f. Mr. P1ora staY.ed the Planning Commission recommended approval of the lot split to allow zero 1ot lines, however, staff would like to add three stipulations which would anclude a signed covenant, park fee, and reeordin� the lot split with the County. MOTION by Couneilman Schneider to grant lot split, LS 4�84-06 to allow zero 1ot lines with the following stipulations: (1) a signed zero lot line covenant be expeeted; (2} a park fee paid of $750; and (3) the lot split and covenant be recorded with the Coixnty, Se.conded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �}E. ITEM FRDI�f ANPEALS COMMISSION MEETING OF MAY 15. 1984: VARIANCE REOUEST TO REDUCE LOT SIZE AND REDUCE REAR AND FRONT YARD SETBACKS FOR A REPAIR GARAGE AT 765 5�RD AVENUE N. E. BY RICHARD UREEN• Mr. Flors, Publie Works Director, stated this is a request far three variances ta reduce the required lot size from 35,OOD square feet to 22,17i � square feet; to reduce the required Pront yard setback from 80 to 66 feet; and to reduce the required rear yard setback from 40 to 10 feet. Mi^. P1ora stated t,he Appeals Cnmmission recommended approval of the varianees with several stipulatians. He stated these stipulations were incorporated into the special use permit approved by the Council earlier this evenrng. MOTION by Couacilman Hamernik to coneur with the recommendation of the kppeals Cnmmisexon and grant the variances to re8uce the lot size from 35,C00 square feet to 22,771 square feet to reduce the front yard setback srom 8G feet to 66 feet; and to reduce the rear yard setback from 40 feet to 10 feet for property at 765 53rd Avenue. Seconded by Councilman FiL�patrick, Upon a voice vote, all voting aye, Mayor Nee deelered the motion c�rried unanimously. The Council then received the minutes of the Planning Commission meeting of -�- 9 �� � ��� � • �: May 23, 798�+• 5• SET PUBLIC HEARINC FOR DISPOSAL OF CITY PROPCI�TY FCR J�JLY 2 19&'4• MOTION by Councilman Fitzpatrick to set the k=.earing far clispasal ot Cii.y property for July 2, 1984. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. (, RFS(liI1TT(]N NO 64 1984 RE9UESTIPdG THE ENVIRONN�LNTAL QL'ALITY CG�@4MIS�'`GI� TG � nF�TruATE THE MINNESOTA POLLUTION CONTROL AGENCY Ta ➢0 THE CNVIFtONN1rNTAL ASSESSMENT WORKSHEET FOR THE ANOKA COUNTY t�LAIbIE ASRPCRT EXPANSION• Mr. Rill Docy, representing the Moundsview C�ty Council, �tated a petitzoei has been filed for an environmental workshect to address the environtnent-al issues involved by expansion of the Anoka Cca�anty-�ilaine Airport. He statea the Metropolitan Airpart Comnassion is the �o�,-ernmer.ta7. un�.t established to do this worksheet, however, they are attempting to get tne environmental hoard ta reassign this task t�� Che Minnesoia Po1lut�on Contral Agency. He asked Fridley's support of this resclution in reque�ting khe environmental assessment worksheet be done by tk;e NcPCA. Couneilman Schneider a�ked if Moundsview harl ineurred oosts by aciopti�n of this resolutian. Mr. Doty stated there havc bee�2 so�e iegal ex�ense:; involved, as well as costs to obtain backgronnd iuf'oraaation on tir�: airport. MOTION by Councilman Fitzpatrick to adopt F,esoluL`ior No. 64-198�P. Seccndeu by Councilman Hamernik. Upon a voice vot�, a7S votin� aye, Nlayar Nee declared the motion carried unanimously. 7. RESOLUTION N0. 65-1984 DIRECTING PREPARATION OF ASSESSM�NT ROLL FOR STFL'ES IMPROVEMENT PROJECT ST. 198'�-1: MOTIdN by Couneilman Sehneider to adopt Resnlutic,r. Nc�. 65-198�,. Seconded l�y � Councilman Hamernik. Dpon a vo�ee vote, aIZ votaiig ��ye, Pfayur Nee declured the motion carried unanimously. � 8. RESOLUTION N0. 66-1984 DIRECTIPIG PUBLICl+lION OF HEGRING �b1 Fi20PC�ED ASSESSMENT ROLL FOR STREET IMPROVEr7ENS PR4J�CT ST. 196�-1: MOTION by Couneilman Barnette to adopt Resr�lution Iec+. 66-1584. Seoonder by Councilman Hamernik. Upon a vaice vote, al1 vo�ing aye, �iayor Mee dec3arec? the motion carried unaru.mously. 9. RESOLUTION NO 67-1984 DIRECTING PREPARATiON C1F ASSHS�ME'NT ROLL FOR �TR�Ei' IMPROVEMENT PROJECT ST. 198�-�4; t40TI0N by Councilman Fitzpatrick to adopt Resc,llztlan No. 67-1984. Seconcled 6y Councilman Schneider. Upon a voice vote, a?i vating aye, P9ayor Nee declared the motion carried unanimously. 10. }ZESOLUTION N0. 68-1984 DIRECTING PUBLTCATSi1N OF HEARING GN PRUPDS�� -5- �, � Y ��'� COUNCIL MEETING OF JUNE 4, 1984 ASSESSMENT R�. F�R STREET IMPROVEMENT PRO E T ST 1983-4• NOTION �y Couneilman Hsmermk to adopt Resolution No. 68-1984. Seconded by Councilman Sehneider, Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanYmausly. 11. RESOLUTSON NO 69-1984 AUTHORIZING THE ABATEMENT Or SPECIAL ASSESSMENTS FOR THE COiJN^1Y OP ANOKA: MOTTOA� by Councilman Hamernik to adopt Resolution No. 69-1484. Seconded by Cauncilman Sehneider. Upon a voice vote, all voting sye, Mayor Nee declared � the motiun carrxed unanimously. 12. RESOLUIION NO 70-1984 CONFIRMING APPOINTMENTS TO THE CITY OF FRID EY COMMISSIONS FOR THE YEAR 1984: MOTSQN by Councilman Schneider to adopt Resolution No. 70-1984. Seconded by Couneilman Harnette. Upan a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Couneilman FIamernxk called attention to the fact that the words "Representative" and "Alternate" were omitted from the Council's designation t� the Assaciation of Netropolitan �7unicipalities and should show that Couneilman Fitzpatricic is the Representative and Councilman Hamernik is the Aiternate. 13• CONSIDERATION OF APPROVAL OF PLANS FOR CITY COPISTRUCTION NORTH OF CITY HALL: PYr. Flara, Public Works Director, stated the architect has designed a �arage/stordge facility north of City Ha11 and the specifications include an ezght stall poSice �arage and two storage areas of aFproximately 3,200 square feet. He stated the constiuetron would also include a 6ridge over the existing ariveway and a waikway eonnection between the plaza and Mississipp�lUnivers�ty interseetion. A sehematie was presented which � outllned the proposed construetion. Nar. Aureshi, City Manager, stated this construction would be a �oint venture between the City and the HRA and the City's share of tke cost would be $70,000 plus $5,500 architectural fee� or a total of $75,500. He stated the balance of the total cost of around $400,000 would be paid by the HRA. MOTIDN by Cauncilman Sehneider to concur with the coneeptual drawings presented for the garage/storage facility north of City Hall. Seconded by Couneilman Barnette. Upon a voice vote, all vating aye, Mayor Nee deelared trie motion carried unanimnusly. 14. CONSIDERATION OF A TEMPORARY LICENSE FOR THE LIFT AT 6�19 HIGHWAY ��65 N E BY SCOTT HOLMER: Mr. Flora, Public Works Director, stated The Lift is requesting a license � � COUNCIL MEETING OF JUNE 4. 1984 �' �� for a temporary trai2er to be located to i,l7e rear of t,heir store until such time as they can work on developing the entire parcel. He statEd stai'f has been working with the owner of The Lift on some outstanding deF3e�eincies ana would suggest that they obtain a special use perrn�t i'ar autside storage or else to sereen the area. He stated other areas whieh neefl atterrtian are ia sereen the refuse cantainer and to repair� th� steps anc park�ng sta11 located on the side of the building. Mr. Holmer, thE petitxaner and owner, stated �s far a:; tYic r�f'use cont�inei^, it would be relocated. He stated the steps wz11 L�e xncarparated an�o the � new loading dock between the two buildings. Y;e euestioned wYxy �he �;arfaen shop and boat storage area had tu be screened, Mr. Flora explained The Lift does nat havE a spec2al use pmerit ior outsi�e storage as required by the code. He state� iP tMep flon'c havc- inis pei^�„at, screemng is required. Mr. Holmer stated he f'elt a special use permit was grarited for sorue of tlx�s property and would have to eheek into it further, Mr. Qureshi, Citp Manager, stated the C1ty policy �s �at Cc allow tr•axlers or temporary offiee spaee unless there are eons�rucLiun plans or a prcgram they are working towards. Mr. Holmer stated his option to purehase tPiis prcpercy Vrxli be eoG�ind up in two years and, hopefully, their whole eonscruction pro�ect will take �1�ce at that tine. He stated he is requesting the irexler permit for thre� years at this tlme as they have outgrown their faeilitp and need Leu,porary �ff`ace space. Councilman Sehneider asked what type of tr4�ler he 470U�d be p3aesn� on ine facility and what it would look like. Mr. Holmer stated he hasn't seleeted the e�act unit untal he was suce af the � trailer permit would be approved. Mr. Qureshi stated He felt a trailer with cedar sidln� waul� probabty b2end well with their operation. M.OTION by Councilm.an Schneider to approv€ thP teragor2ry trailer Tieensc fur The Lift with the understandin� it wauld be rer�ovec; in tt•�ree ye�rs. Seconded by Councilman Fitzpatrick. Upan a,�c�ce vote, a11 vatia� nye, Mayor Nee deelared the motion carried un�nanaously. 15. ESTIMATES: MOTION by Councilman Barnette to approve the estimates as submitted, Herriek & Newman, P,A. 6279 University Avenue N.E. Fridley, MN 55432 For legal services rendered as City -7- � Z�� COUNCIJ. MEETING OF JUNE 4, 198� Prosecutor for the month of April, 1984 Invaace No. 2419 of May, 1984 - Hazardous Waste Processir.g Smith, Juster, Feikema, Malmon & Haskvitz 1250 Iluilders Exchange Bldg. Mlnneapolis, MN 55�02 For legal services rendere� as City Prosecutor for the month of April, 1984 Halverson Construetion Company 422� 165th Avenue N.E. Wyoming, MN 55092 Estimate �11 1984 Misc. Curb & Gutter Pro�ect r. F. 4T�aa�C�cy, za�. 14203 West 62nd Sireet Eden Prairie, [�I 553�l4 Estamate �61 Pro�ect �{145 - Idater & Sewer Imp. $ 1,763.65 $ 1,186.35 $ 6,725.OD $ 3>357.3D �32,490.00 Secondeo 6y Councilman Pitzpatrick. Upon a voice vote, all voting aye, Nayor Nee der_lared the motion carried unanimously. 16 . I,7CENSES : MOTION by Counoilman Barnette to approve the licenses as submitted and as on file in the License Clerk�s Cffice. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimc�usly. 77• CLAIMS: P90TTON hy Councilman Sarnette to authorize payment of Claims No. 140518 through 153ZD7. Secandec3 by Councilman Hamernik. Upon a voice vote, all aotin� aye, Maycr PSee declared the motion carried unanimously. 18. C;OI�II�7UNICRTSONS: REOUEST PERMISSIQN FOR ACTIVITIES AT MOORE LAK�: MICHAEL E. WALINSKI: Mr. �ureshi, City Nfanager, stated this was a request to use Moore Lake park as the site £or a picnic where 3.2 beer would be served. He stated because the ar•dinane� prohibits beer in the beach area at Moore Lake, Mr. Walinski was a�v�sed to try and reserwe a place at Locke Park for their celebration. MOTION by Councilman Barnette to reeeive the communication from Mr. Walxnski. Seeondei by Councilman Sehneider. Upon a voice vote, all voting � �� _ _ _! � � l, ; i COUNCIL MEETING OF JUNE 4. 1984 aye, Mayor Nee declared tha motion carriec? iat33nimously. 19. LETTERS OF THANK YOU: CITY OF ST. ANTHOIvI' A;dD CITY OF NEW �RIGHTON: ��;r MOTION by Councilman Hamernik to receiva Li�e lettcrs ef �1,arics fro�n Lhc: cities of St. Anthony and New Brighton. Seee�x�ea hc Cc�unailman Schncider. Upon a voice vote, all voting aye, Mayor P�ee declar•ed the r�atiori carrzEa unanimausly. ADJOURNMENT: � MOTION by Councilman Sarnette to ad,7our�? Yhe meeting. Seconded cy Councilman Sehneider. Upon a voice vote, a11 vcrting aye, Mayor rilee declared the motion carried unanimously and the fteguiar h�eetzng of the I�riflley City Council of June $, 1g84 ad�ourned at 10:L�5 p.m. Respectfully submitted, , �, ^ l ,��--�� ( -'�/�'��;, ��-�"�� Carole Haddad I^7iiliare� J. N Secretary to the City Cauncil C•9ayar Approved: June 18, 1984 � � �