Loading...
05/19/1986 - 00011616�.. ' THE MINUTES OF THE RDGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 19, 1986 The Regular Meeting of the Fndlc� City Cotmcil was called to order at 7:45 p.m. L� Mayor Nee. PLIDGE OF AI�LEGIANCE • Mayor Nee led the Council and audience in the Plenge of Allegiance to the Fl ag. ROLL CALL: MEI•SIILS PRESFNT: Mayor Nee, Cow�cilman Barriette, Councilman Schneider, Cotmcilman Fitz�atrick, and Councilman Goodspeed ui u• a: : o� �.�,- PRFSENTATION OF CEErPIFICATES: Mayor Nee stated the Council wished to acknowledge the services of the follaaing persons who have given of their time to serve on various City w�nissions. � Janes Plenel, Appeals Comnission Th�nas Gronlimd, F�virormental Quality Conmiission Robert Minton, Hunan Resources Coimnission Qarence Rezac, Cr�mmmity Develugnent Commission Jean Gerou, Appeals Connnission I�yor Nee read the Certificate of Appreciation wluch was presersted to these individuals and thanks were extended to Mr. Minton and Mr. Rezac who were presertt to receive these certificates. Mayor Nee asked that the certi.ficates for Mr. Planel, Mr. Gronlund and Ms. Gerou be forwarded to then. APPF3��7AL� OF MINUTES: COUNCIL MEETING, MAY 5. 1986: NDTION b� Councilman Barnette to approve the minutes as preserited. Seconded l� Co�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declazed the motion carned unammously. ADOPTION OF AGEAIDA• � NDTION 1� Councilman FitzFatrick to adopt the ayenda as suhnitted. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor I3ee declared the motion carzied unammously. -1- COUNCIL MEEPING OF MAY 19. 1986 1 OPEN FORUM. VISITORS: SIGN� ON RALPH SKINNER'S PROPERTY: �99 NLs. Jaruce Meierbachtal, 6171 Heather Place, presented a petition to the Council on behalf of 17 residents of the City, many of them present at the meeting who had signed the petition. Ms. Meierbachtal stated this �x tition is asking the City to enforce the Sicgi Code at 6217 Central Avenue. She stated the City has already notified the residertt at this address that he is in violation of the Sign Code. She stated there are several violations regarding the n�nnber of signs, size of the signs, and the clistance frcm property lines, wluch is a clear violation of the Sicyi Code. Ms. Meierbachtal stated the letter sent to this resident also states that he ranove the signs or oomgly with tYie oode. She stated, as of this evening, the signs are still up and in violation. She stated, as the next action, the Si� Code states if the aaner fa�ls to renove such illegal signs or nake then oomply with the code, these signs may be removed by the City. Ms. Meierbachtal stated the3 are asking the City exercise this right to remove the si�s. She stated illegal signs are a misd�neanor in the City. Ms. Meierhachtal stated the� appreciated the Council's attention to this , matter and would like a response to this re3uest t� or at the next Council meeting. I�DTION 1� Coimcilman Schneider to receive the �tit�on submittea 6y Janice Meierbachtal. Seoonded l� Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carn ed unammously. Mayor Nee stated there are two issues involved, and one is between two property ar�rers. He stated the City has pro�osed what would be a reasonable acco�nodation to wknch Mr. Brickner agrees, but it is questionable on the �rt of the other �rty, Mr. Skinner. I�yor Nee stated the other issue on the signs is direct and within the City's �unsdiction. Mr. N�n, City Attorney's Office, stated in regard to the placement oi si�s, one of the ooncerns is the constitutional question of freedom of speech. He stated the Sign Ordinance principally addresses signs of a oo�nercial r�ature. He stated Mr. Skinner has a oertain constitutionai nght to express his feelings, but believes the City has the nght to impose certain restrictions. Mr. Newman stated he hasn't had suff icient time to explore the constitutional issue, haaever, it is clearly a diff erent situation than someone having a w�nerical siqn advertzsing their property. Mr. Ne�aman stated the petitioners have requested the City to remove the ' si�s. He stated, it has been the practice tYrat before the City take such a step, a l�asuit is oon¢nenced to say the signs do constitute a violation of the ordinance. He stated if the City r�noves the signs anc] the court -2- COUNCIL MEETING OF MAY 19, 1986 ��o ' determines the property aaner had the right to have the sign, this could result in a problan for the Ca.ty. MDTION by Councilman Schneider to direct the acnnim stration and City Attorney's Office to pre�re a report for the ne�ct meeting regard�ng actions wluch may be taken to solve this problen. Seconded b� Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Cotmcilman Schneider stated he received calls fran several residents in th e area and hoped an agreanent could be reached between Mr. Brickner and Mr. Skinrer which would elnninate the need for Mr. Skinner to keep �p the signs. Mr. Newman stated one procedure would be to charge Mr. Skinner with violat�.on of the ordinance. He stated this would take a minim�nn of four moriths knaaing there are oertain constitutior�al defenses. He stated the ultimate result is Mr. Skinner could be fined or ordered to physically renove the sicg�s. Mr. Newman stated a declaratory action would take a mimmun of six moriths through the oourts. Coimcilman Schneider stated it seens the most expedient way for the sicyis to be ranaved is to have an agreenent between the two pro�erty owners, Mr. Brickner and Mr. Skinner. � Mr. Qureshi, Caty Manager, stated he has met separately with Mr. Bnckner and Mr. Skinner and tried to put f orth a proposal that is fair to both parties. Mr. Qureshi stated Mr. Bnckner accepted this proposal, and the City is await,ing a response fran Mr. Skinner. Mr. Qureshi stated if Mr. Skinner accepts the pro�sal, there wouldn't be a need f or arry sicylage. Mr. Jun McCulloch, 6185 Heather Place, stated the code says Mr. Skinner is in violation. He felt, if this was the case, the City should take some action and the oode enforced. Mr. Ne�t stated he is recommending no action be taken until the next meeta ng so the oonstitutional issues can be reviewed. Mr. McCulloch stated he would like a Fx ogram kry the r�xt meeting to get this matter �ttled as quickly as possible. P1�yor Nee stated the oode is tz3sically for oo�nencal si�s. He stated this is a sign of a cl�fferent gender arrl that raises the question of whether or not it is oovered under th e stark reality of the letter of the 1�a. Ms. Meierbachtal stated the� appreciated the Council's attention to help solve this matter and would like to proceed with a solution no matter haw long it takes. � WATER PROBLEM - 1357 64TH AVENUE: Mr. Joe Nelson, 1357 64th Avenue, appeareci before the Coancil regarding the water problan at his residence. Mr. Nelson stated he realizes this is the -3- COUNCIL MEETING OF MAY 19. 1986 101 ' wettest May on record, but he has an estimated $3,000 in damages to his t�sement and f elt the storm sewer sy st�n was a contributing factor as it has beoome ineffective wer the oourse of the �st 30 ye�rs. Mr. Nelson presented a dr�aing of holcl�ng �nnds and the storm sewer system in effect. Mr. Nelson stated water rtms down P4ississippi all the way from Arthur Street, and the storm sewers on Creek Park Lane rwi across the park, and end up in the holding area behind his home. He stated this holding pond, over the last 30 years, has filled in aru3 presently there is only an area ahout 10 by 50 feet. Mr. Nelson stated the City has given him assurances something would be done � ditching or a drair�ge area going west to Old Central and then proceeding south on Old Certtral to Moore Lake. Mr. Qureshi, City Manager, stated at one t�.me, there was cliscussion about a storm sewer system for this area, haaever, because of the costs, most residents dichi't want to proceed and the pro�ect was dropped. Mr. Qureshi felt if the City can obtain permission, there is a deep lot north of Mr. Nelson's �operty and a logical area where the City could do some clitching to d�vert the water to the west, along Old Central, and put culverts tmder Faved drivcivays for the rimoff to drain to Moore Lake. Mr. Qureshi stated this wouldn't be a perf ect solution because of the � shallaaress of the depth fran Yus hcme to the lake wh�ch are both about the same eleaation. Co�mcilman Schneider stated Mr. Nelson questioned if this ponding area was ever an official holding pond. Mr. Qureshi stated it was not and presented 1959 aerial drawings which shchrs a swamp3 area, but never in public oanership or any ty� of wntrol. Mr. Nelson stated he had met with Mark Burch of the City's Enqineering Deg�rtrnent, other menl�ers of the Engineering staff, and Councilman Schneider and would like to thank then for their concern and help in attempting to resolve this problen. He stated he would like support of the Council for an expeclient solution to this prohlen. Mr. Qureshi stated permission would be reeded before thEy can go on private property to provide an outlet for this water. He stated any influence Mr. Nelson may have to e�edite the City's efforts would be appreciated. PLIBLIC F]FARINGS- 1. PUBLIC HEARING ON THE RECONAIEDIDATION FOR CHANGES IN THE CITY CHAI�PER: NDTION b3 Councilman FitzFatrick to waive the reading ot the public hearing notice and open the public hpanng. Seconded b�r Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanunously and the public heanng opened at 8:20 p.m. Ms. Sue Jackson, Chairperson of the Charter Commission, stated the -4- COUNCIL MEETING OF MAY 19. 1986 102 � Coimnission is reoomnend�.ng three areas of change to the Chartet. She stated these changes are (1) ranwal of specific gender language; (2) filing of petition for recall; and (3) definitions of various types of voters. Ms. Jackson stated they removed the pronouns referring to a specific masculine gender and substituted words like "Co�mcilmenber" and "manber". Ms. Jackson stated the sewnd change relates to Section 5.15 on filing a petLtion fot recall. She stated presently the Charter states a petition for recall must be signed 6y 25� of the registered voters of the City. She stated this means a Ward Councilmenber could be put up for recall by signatures of 25g of the City, even though these people were not in the Coimcilmenber's ward. She stated thc� are recommending a change to 25� of the registered voters in the ward of that Councilmanber. Ms. Jackson stated �he other change was regarding "regular voters". She stated the Charter oontains reference to all types of voters and the terms seen to k�e used interchangeably. She stated the Commission ha� �me up with four terms to be used consistently as follaas: eligible voter, registered voter, voter, and electorate. She stated the Commission's intention w as to keep what the3 perceived to be the origina] uttent of the (liarter. Ms. Jackson stated it was debated whether sic�atures on a petition should be eligible or registered voters. She stated pet�.ta.ons have to be verified by � the Qerk and wmFared to the voter registration card, therefore, they felt the iritent of the Charter was for registered voters. Ms. Jackson stated tihese �oposed changes were checked by the Commission's legal coimsel to make sure the1r were not in violat� on of any State statute. Mayor Nee stated the Charter is the eqw.valent of the City's wnstitution so this is a rather unportant hearing. He stated the amenc�hnent of the Charter occurs if, after a public hearing, the Council agrees with the Charter Con¢nission, then an orchnance for the changes can be adopted. He stated if the Council doesn't agree with the C�arter Conunission, it could be sutmitted to a vote of the people. No persons in the audience spoke regarding these three pro�sed Charter anenc�nents. NDTION 1� Councilman Barnette to close the public hearing. Seconded by Councilman Fitzpstrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:32 p.m. NDTIDN 1� Coimcilman Schneider to cltrect staff to pre�are an ordinance for the r�ext meeting covering these proposed Charter amendments. Seconded by Councilman Goodspeed. Upon a voi� vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 8:32 p.m. OLD BUSINESS: � 2. CONSIDERATION OF APPOINTMENTS TO COMMUNITY DEVELOPMENT. APPEALS. ENVIRONME[SPAL OUALIZY. ADID HUMAN RESOURCES COMMISSIONS: -5- COUNCIL MEETING OF MAY 19. 1986 �e oa ' IIUMAN RESOURCES COMMISSION: [�DTIDN L� Councilman Fitz�'atrick to nanirate Dick Storla, 7548 Alden Way, for appoir�tment to the H�nnan Resources Conunission. Seconded by Councilman Schneider. �ere being no further naninattons, the follaaing action was taken: MOTION by Councilman Fitzpatrick to cast an unanimous ballot for the appointment of Dick Storla to the Hunan Resources Commission. Seconded by Coimcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously. ENVI1tONNMII�TAL OUALITY COMMISSION: NDTI�i 1� Councilman Fitz�atrick to r�ninate Dale Than�son, 4976 3rd Street, for appointment to the Envirorunental Quality Commission. Seconded by CoLmcilman Barnette. There being no further naninations, the follaaing action was taken: MOTION by Councilman Barnette to cast an unanimous ballot for the appointment of Dale Thaanpson to the Envirorunental Quality Commission. Seoonded b� Councilman Schneider. Upon a voice vote, all voting aye, Mayor � Nee declared the motion carried unammously. COMMUNITY DEVEI�OPMENi' COMMISSION ADID APPFALS COMMISSION: M7TION lx Councilman Schneider to table these appointments. Seconded by Ccxmcilman Barnette. Upon a voice vote, all voting aye, I�yor Nee declared the motion carried unarvmously. NEW BUSINESS: 3. CONSIDERATION OF FIRST READING OF AN ORDINANCE � 71MEPID CHAPTER 512 OF THE FRIDLEY CITY CbDE • Mr. Hill, Public Safety Director, stated this ordinance is a proposed amenc3nent to Chapter 512 af the City Code Y� adding a new section entitled "Unreason3ble Acceleration." Mr. Hill stated the ad�oirnng commimities of Colunbia Heiqhts, Coon Rapids, Blaim and Spring Lake Fark have had such an ordinance for several years. He stated, currently, Fridle�'s Fblice Deg�rtrnent has to rely on a greater charge of careless driving to deal with these oomglaints of s�ueeling tires and excessive vehicle noise. He stated the careless driving charge is a more d�.fficult �fense to prosecute, as well as reflecting a more serious traffic violation offense on a violator's record. � Mr. Hill stated it is recommended the Council consider this ordinance amenc3nent for imiform c�onformity with ad�oimng cities, a lesser violation record on those charged, and easier prosecution for this type of violation. � COUNCIL MEE�TING OF MAY 19, 1986 104 ' Mr. Hill stated if this ordinance receives a first reading, it is proposed to make a minor anenc�nent before the second reacling to delete the reference to private property as he felt this was i.mnecessaxy. M�TION by Councilman Fitzp�trick to waive the reading and approve the ordirr�nce upon first reaci�ng. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 4. CONSIDERATION OF FIRST RFi1DING OF AN ORDINANCE FOR A P1Z�FOSAL TO CHANGE THE SIQ�T ORDINANCE SECTION 214 OF THE FRIDLEY CITY CODE: Mr. Flora, Public Works Director, stated in January, 1985, the Planning Co�nission reaiaaed changes to Chapter 214 of the Sign Ordinance and no changes were made in reference to p�lon signs. He stated in April, 1986, the Council made a motion to staff di.recting that a proposed draft revision of the sicyt orclirance be presented to the Council by the last meeting in May. Mr. Flora stated staff presemed two alternative approaches for g�lon sign rEVisians to the Plaruu ng Cwmnission at their May 7, 1986 meeting. He stated the Commission supported a revision which correlates sign size to both business size and zomng. � Mr. Flora stated the rat,ionale for the proposed revisions wese tz�sed on the follcwing: (1) the enforoement of 80 s:�uare feet of area �r developneryt is not sensitve to business size or zoning; (2) the existing sign area restrictions have pranpted nunerous variance requests, mariy of which have been granted; (3) evaluating sign policy on a case by case basis, with variances, leads to inconsistencies in enforcement and fosters competition between k�usinesses seeking larger sicyis; (4) the proposed amendments will create a fair systan which can be used as a tool to discourage variance re�uests; (S) the proposed amer�ne.nts are designed to maintain the Fridley "standard" of 80 square feet of sign area for small and medium size developnents in C-1, C-2 and C-3, up to 8,000 sq�re feet of floor area; (6) the pro�sed amendnents restrict C-1 local (neighborhood) businesses to 80 square feet of si� area only; (7) the proposed amenc3nents allaa for mediiun sized signs, up to 120 square feet in area, in C-2 or C-3 zones for busir�esses grester than 8,000 but less than 20,000 square feet in area; (8) the proposed amenclnents allaa for larger sized sicy�s, up to 180 s�uare feet in area, in C-2 and C-3 zones for large husiness developments greater than 20,000 s�uare feet in ar�; and (9) the proposed changes treat C-2 and C-3 zones equally because: similar permitted uses; some large vacant C-2 �arcels; and a few large e�.sting C-2 developnerits. Mr. Flora stated the proposed changes were also discussed by the F�ppeals Commission and an additional reoommeiu3at�.on was to have develognents in C-1, C- 2 and C-3 zones with less than 8,000 square feet of building area and � that have a double frontage lot, be entitled to up to 100 square feet of sic� area if divided between two sicyzs or, up to 100 sxuare feet of area if one sicpi is shared b� two businesses. -7- � 5. ' ' COUNCIL MEETING OF MAY 19. 1986 Co�cilman Fitzp�trick stated one of kus reactions is that this is the third major proposal he has seen. It seems to him the Council is sending a message that if you can't have it now, wait around, and the criteria on which thEy are 7udging will change. Co�cilman Schneider wondered if it is warranted to go up to 180 square feet, and if ra3uests were made in the �ast for this size and were grarrted. Mr. Flora stated sane ad�oimng commtuiities have sicyis over 200 �uare feet and others determine the size of a sicyi lx�sed on traffic. Mr. Qureshi stated staff was instructed to bring a proposal to th e Council b� this meeting. He felt if Coimcil wanted an analysis of the variances over the last five years or so, this could be brought back at the next meeting. NDTION Ix Councilman Schneider to table this request to the June 2, 1986 meeting and direct the achninistration to prepare an analysis of the variances to the Sic� Orclinance wkuch were requested and granted over the last three or four years. Seconded b� Councilm.an FitzFatrick. Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unammously. R$CEIVING THE MINUTES OF THE PLANNING COMMMISSION MEETING OF MAY 7. 1986: A. C70NSIDERATION OF LOT SPLIT. L. S. #86-04 , GENBftAI�LY IACATID AT 6562 ANOKA STREET N.E.. BY TERRY B�ARREiT: Mr. Robertson, Commtmity Develognent Director, stated this property consists of four lots located north of Mi.ssissippi Street on Anoka Street. He stated the pet�.tioner wishes to split aff the northerly 63 feet of the property in order to make a location for a home he is pl anning to move from New Brighton. Mr. Robertson stated the Plaruung Commission reco�nended approval of the lat split with the follaaing stipulations: (1) park fee of $750 be p3id prior to issuance of building and mwing permits; (2) new double garage �m�atible with house facade to be constructed and a hard surfaced driv e�vay installed to the r�ew garage prior to iss�nce of the 6uilding and moving permits for the house or posting of a$8,000 bond; (3) lot split to be recorded at the Coimty pnor to issuance of buildtng and mwing pemits; and (4) vanances for lot ara3s fran 9,000 square feet to 8,127 square feet and lot width fran 75 feet to 63 feet to be apprwed with the lot split. Mr. Barrett stated the house was built in 1953 and inspected by the City. He stated an additional $20,000 would be added for ranodeling and the home is s�milar to others in the neighborhood. Mr. Barrett stated the appraisal New Brighton had on the hane was $73,000 and everything will be up to code. Mr. Barrett stated a surve3 has been completed and reflects a total lot area of 7,994 square feet and a lot width of 62-1/2 feet so these figures should be oonsidered in acoordance with the lot split. FDTION L� Cotmcilman Schneidet to concur with the recommendation of the � �os COUNCIL MEEfING OF MAY 19. 1986 10� � Plaruung Commission and grant lot split, L.S. #86-04 for Terxy Barrett, with the follaring stipulations: (1) park fee of $750 to be paid prior to issuance of buildtng and mwing permits; (2) a new clouble garage comp�tible with house facade to be constructed and a hard surfaced driv�aay installed to the rew garage Fxiox to issuance c� the builciing and moving permits for the house or, in lieu of this, a$8,000 bond; (3) lot split to be recorded at Anoka Cotmty prior to issuance af building and moving permits; and (4) variances for lot areas fran 9,000 s�uare feet to 7,994 s3uare feet and lot width from 75 feet to 62-1/2 feet are approved with this lot split. Seoonded t� Co�cilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. B. CONSIDERP,TION OF SEiTING A PUBLIC HEARING ON VACATION RDL)[JESP, SAV #86-01, G�'RAi.iY IDCI�TID AT 55 - 77TH 4�II1Y N.E., BY LESLIE KOHANIIC: NDTIDN b� Councilman Goodspeed to set the public hearing on this vacation r�uest for Jime 2, 1986. Seoonded k� Coimcilman Schneicler. Upon a voice vote, all vota ng aye, Mayor Nee declared the motion carried unammously. C. ITEM FROM APPFALS OONAIISSION MEETING OF APRIL 15, 1986: C-1. VARIANCE RD2UESP. VAR #86-01, TO RIDUCE THE FRONP YARD SETBACK FImM 35 FEET TO 9 FEET GENERALLY I�OCATID AT � 6715 ASH�N AVENUE N.E.. BY GRFX',ORY KEIJ�EY: Mr. Rohertson, Con¢ntmity Develognent Director, stated this is a request for a variance to reduce the front yard setback fran 35 to 9 feet to allaa construction of additionl living sg3ce. Mr. Robertson stated the hardship was the house is too snall for the f�nil.y and due to the odd lot shape, it is cv.fficult to acoomplish anything without a variance. Mr. Roberton stated the petitioner's house is the last house on Ashton before the street curves to the left onto Rice Creek Way. He stated the curb curves to the west and the right-of-way curves to the a�st causing the existng house to be cl.oser than the required 35 feet fran the front lot line (approximately 11 feet). Mr. Robertson stated the mighboring property aarer to the south had sent a letter irr]icating he had no ob7ection to the variance request. Caimcilman FitzFatrick stated it seans to be an extr�ne request to reduce the setback fran 35 to 9 feet, but that really isn't what is happening. He stated the house is setback 33 feet in the middle of the front of the house. He stated the street in front curves off to the west and the property line curves off to the east and, therefore, it really is setback quite a ways althouc�, techmcally, the property line is only mne feet. He stated the purpose must have been to keep the lot out frun the front of the �ark. 1 NDT7DN 1� Councilman Fitzpatrick to grant the variance, VAR #86-01, to reduce the front yard setY�ck fran 35 feet to 9 feet at 6715 Ashton Avenue in order to allaa wnstruction of additional living space. Seconded by � 107 COUNCIL MEETING OF MAY 19. 1986 � Goimcilman Goodspeed. Mr. Newman, Caty Attorney's Office, stated he wanted to make sure the record is clear as to wk�y this home can be built closer to the street than the ad�oimng properties. Cnimcilman Fitag�trick stated his rationale is it is not encroaching on the front line of the property to the degree it would seen to at mr�e feet, but the property lire does veer off to the a�st. Ms. Kellc�, the petitioner■ stated the� have only an eight foot wide dining area and with this two foot addition, it would allaw then to walk around their table. She stated as it is nav, it is not a oomfortable living area. She stated in talking to a builder, they were assured that construction costs for adding on this two feet would be less than closing costs on a largen c�me. UR�N A VOICE VOTE TAKEN ON 7fiE P,BOVE FIDTION, all voted aye, Mayor Nee declared the motion carried unanimously. C-2. VARIP,NCE RD2UEST. VAR #86-06. GF.NF:RAi.i.y LpCATID AT 6299 UNIVERSITY AVENUE N.E., BY W. G. DCYPY: Mr. Robertson stated these vanances are for pro�erty located in the Center , City area at 6299 Umversity Avenue. He stated the petitioner, Mr. Doty, was before the Appeals Con¢nission in 1982 for the vanances and the request was slightly modified. He stated this itan rever went to Council, haaever, as Mr. Doty withdrew Ivs re�uest. Mr. Robertson stated there were smne mod�fications made at the staff level to reduce the rnanber of variances required. He stated, by changing the settt�cks on the street, it oomes down to a ra3uest for variances to reduce the driving aisle frcm 25 to 23-1/2 feet, the setbacks on the yards from 15 to 10 feet and fran 35 to 30 feet. He stated the ad�ustments were made in order to allav tY�e 18 foot deep �Srking stall. Mr. Robertson rEViewed the 11 stipulations staff was pro�rosing which oovered such itens as architectural facade modifications and materials, landscaping, sic�age, site plan modifications, nght-of-way easements, walkway easement, Farking lot lighting, drainage plan, and performance bond. Mr. Dave Harris, aarer of the property directly south of this location, stated he wasn't involved in the planning process as notices of the variances went out to the person who was a previous aar�er of the building. Mr. Harris stated his wncerns are still the same as when Mr. Doty applied before for tl�e variances. He stated Mr. Doty's building wouldn't line up with the�.r builcling and visual access for tenants in their building would be � blocked. Mr. Harris also felt there would be a problan with snaa storage in the wiriter. Mayor Nee asked Mr. Harris if he had a problen with the p3rking on the -10- CWI3CIL MEETING OF MAY 19. 1986 �1: � street side. Mr. Harris stated he remcyiizes this is a difficult piece of property to develop and would rather not have Ferking in this area. He stated he really wants to make sure thea r tenarits cbn't lose thea.r visual access. Mr. Iloty, the petit,ioner, stated he appreciated Mr. Harris' concern. He stated he was scheduled to be on the Coimcil's agenda two weeks ago and the Caty Attorney is Dave Harns' Fart�r and was certain he knew this was on the agenda. He stated he really dichi't want to face another postpone�nent as he wanted to begim m�struction as soon as �ossible. Mr. Doty stated if the builcti.ng is ma�ed ta3ck, it creates a problen for the �arking. He stated if the size af the building is reduced, the economics aren't there as other costs such as sprinkling and landscaping would be the same. Mr. Ibty stated ore of the things discussed with Mr. Harris was the possibility of some oommon �arktng on the north side af Mr. Harris' building and the south side of his building. Mr. Harris felt some arrangement could be made to grant Mr. Doty six or seven Farking s�aces in their Farking lot and he felt this would make the front of the lot more aesthetically pleasing. Mr. Doty stated if he can get enough Farking fran Mr. Harris to satisfy staff, he would have no ob�ection. ' Mayor Nee thought perhaps something may be worked out that would be acceptahle to both Mr. Doty and Mr. Harris. Mr. Doty and Mr. Harris stated thc� would be willing to try to oome up with a solution. FDTION l� Councilman Goocispeed to table this item to the next meeting on Jwie 2, 1986. Seoonded t� Cotmcilman FttzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. MDTION by Councilman Schneider to receive the minutes of the Planrung Co�nission N1�eting of May 7, 1986. Seconded by Councilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF APPROVING THE SHARING OF EXPENSES ASSOCIATED WITH LITIGATION FOR MIDT120NIC. INC. P,DID ONAN CORPORATION: Mr. Robert Johnson, Anoka County Attorney, appeared before the Council regard�ng the County's re3uest for the City to Xartici�te in the costs for the Medtronic and Oran tax appeals. Mr. Jd�nson stated in the case of the Medtronic and Onan tax appeals, the County is facing an unusually large and complex tax litigation with substantial costs invalved. He stated it is a situati.on where the County is asking other entities to share in the litigation costs which will have a direct effect on the City's taxes. He stated they are making a similar ' re3uest to the school district. Mr. Johnson stated he has spoken with the City Attor�y and worked with him -11- COUNCIL MEEPING OF MAY 19, 1986 � os � during pre�xirat�on of the tax appeal, and will continue to work with him throughout the litigation process. Mr. Johnson stated the County Board has prwided fLmds up to $70,000 for the litigata.on in this matter, contingent upon partici�xtion by the City and school cl�.strict. He stated it has been suggested a�articipation based on the City's share of the tax revenue and, in discussions with the City Attorrey, 15� was mentioned. In regard to the losses for the City, Mr. Johnson stated in the Medtronic ap�al, there would be a loss of $293,000 plus interest which would protr�bly bring the total up another $100,000. He stated Medtromc in 1985 asked for an ad�ustment in their market value af wer $8,000,000. Mr. Johnson stated he dic3i't have any specifics on Onan as they �ust requested the value be laaered. Mr. Jchnson stated the case being made 1� Medtromc and Onan was there were wastes mnsidered to be hazardous de�vsited on their properties. He stated the wastes have been r�noved from the Medtronic properties and Onan has oomair�ed the wastes. Both N�dtromc and Onan are saying these wastes affected their property values sicyiificantly. Coimcilman Schneider asked Mr. Johnson if kvs office was adequately staffed to handle these cases. Mr. Jahnson stated, in addition to his office, they � have retained the services of an attorney in evaluation matters. Mr. Qureshi, City Manager, stated under normal circ�nnstances, the County would ftmd this matter. He stated the Council, haae.�er, may wish to mnsider this raluest because of the �usual r�ture of these cases. He stated it is hoped that the County recocyiizes it would be only for this one ti.me, if assistance is cpven. He stated the City only gets 14 cents out of a tax dollar, while the Coimty gets over 25 cents and the school cli.stnct 55 cents. Mr. Qureshi stated, on the other hand, the two busiresses are in Fridley and there is ooncern that the� Xay adequate taxes. Mr. Qureshi stated he would suggest, if the Council wishes to honor this re3uest, an allocation up to $35,000 be considered. He stated the Council should be aware this doesn't include the costs for the City Attorney's �rticipation in these cases. FDTION t3r Cauncilman Schreider to authorize the ao�nimstration to allocate up to $35,000 to be used at the rate � 15� of the oosts borm 1� the Anoka Coimty Attorney's Office for outside consultants in carryinq forth the defense of the Medtronic and Onan tax appeals. Seconded hy Councilman Barr�ette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 7. CONSIDERATION OF AUPHORIZING AND SELECTING A CONTRACTOR TO PERFORM SOIL INVFSPIGATION FOR THE FRIDLEY AIFiY) REC.'YCLING CENPERS: 1 Mr. Robertson, Convmmity Developnent Director, statec3 Section 205.17 of the City Code provides that the City may require the owners of the auto recycling certters to oonduct tests to shaa adherence to pollution control -12- COUNCIL MEETII� OF MAY 19. 1986 110 � standards. Mt. Robertson stated staff is recommending Braun Engineering be hired to oonduct soil samples and borings at four locata ons along 73-1/2 Aven�. Mr. Haluptzok, aaner of San's ar� Bargain Auto Parts, stated the� have addressed all tY�e City's mncerns, as outlir�d in letters to thea, and are proceeding to solve these prohlens. He stated he has met with the Rice Creek Watershed D�.strict, the Fbllution Control Agency, and MrirAP. He stated the� have oil and antifreeze in their soil and would recommend excavation of all oor�taminated soils and replacement with clean soil. He stated, at the present time, ail, gas and antifreeze is not classif ied as hazardous waste. Mr. Haluptzok stated he felt the� already knaa what wastes are in the soil and to have these tests cbne would be sperxling $4,000 to no avail. He felt the worst thing the PCA would tell than is to excavate the soil as they alread� knaa the results. Cotmcilman Schneider stated without the soil tests, haa would they know where these wastes are located and how deeF they go into the soil. Mr. Haluptzok stated you can tell because the soil is cliscolored. Councilman Goodspeed stated he would take Mr. Haluptzok's word the� can tell where the oil is located, but would the3 be checking for other things. � Mr. Flora, Public Works Director, stated what was ra;uested was to test for oil compoimds and to check for eight heavy metals. He stated it should be determined if there is oontamination and to what e�ent. Mr. Flora stated if there is extensive oontamination, ways to eliminate this shoulc3 be f ound so it isn't a oontimm�g problen. Mr. Flora stated if the Council apprwes the request fran Certtral Auto Parts to use �Win Ca.ty Testing, the City would rerregotiate the oontract with Sraim Engineering f or one less site. L'�DTIDN l� Co�cilman Sch�ider to receive the letter from Harold Haluptzok dated May 16, 1986. Seoonded 1� Coimcilman Good.speed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unammously. Mr. Haluptzok stated if Central Auto Parts engages Twin City Testiny to oonduct the tests the C,iiy desires, he would also like permission to hire this same firm to conduct their tests. He stated they are able to get better bids than the City. Mr. Qureshi, City Manager, stated the City would have no problen with Central Auto Parts and San's and Bargain Auto Parts hiring Ztain Ca.ty Testing to mnduct the soil tests and borings, as long as th ey work w ith staff on the program ar�d scheduling. , Mr. Buzick, Central Auto Parts, stated Ztvin City Testing did some tests f or then in 1982 because they wondered if they had a pollution problen. He stated the stmmary of the test results was the� ciidn't have a probl�n. He stated they are recycling their oil and antif reeze and couldn't have -13- COUNCIL MEEPING OF MAY 19. 1986 � �� � oontributed to any problens on their site. Mr. Buzick stated they would like to engage 7.Win City Testing as he felt the� could get a reduced cost. He stated he di�'t want to have to �nduct these tests each year, if there wasn't a problen. FDTION l� Councilman Schnei�r to authorize the admimstrati.on to work with the aaners of Bargain and San's Auto Farts and Central Auto Parts and for these businesses to enplo� 7.tain City Testing to develop and momtor testing of their sites and establish a schedule for tests for this time and the frequency of rrtesting in the future. Further, that Twin City Testing respond with the first test results within 60 days. Sec:orxled k� Councilman Goodspeed. U�ron a voice vote, all voting aye, M3yor Nee declared the motion carned unanimously. The avners of these properties, Mr. Buzick and Mr. Haluptzok, were in agreene�nt with this motion. 8. �IDERATION OF LICINSE RINEWP.LS FOR FRIDLEY A[fP0 RECYCLING CENPERS: NDT7DN b� Councilman Schnelder to extend the licenses for S�n's Auto Parts, Bargain Auto Parts and Central Auto Parts for 60 days. Seconded by Cowlcilman Barnette. Upon a voice vote, all voting aye, Nk�yor Nee declared the motion �arried unammously. � 9. CONSIDERP,TION OF A SIGN PLAN G�FRAT.r,y �TID AT 1131 - 72ND AVENUE N. E. , BY HYDRAULIC SPDCIALTY• Mr. Flora, Public Works Director, stated in accordance with the Sign Code, two tenants of this building have requested a sign on the wall of the builcvng. He stated this is consistent with the Sign Code and would reo�trnnend apprwal. N1�TION by Councilman Schneider to approve the sign plan submitted by Hydraulic Specialty, 1131 - 72nd Avenue N.E. Seconded by Councilman Gooclspeed. Upon a voioe vote, all voting aye, Nk�yor Nee declared the motion carned unanimously. 10. �LLTrION N0. 39-1986 SUPPORTING THE GREATER ANOKA OOUNTY fIUD7ANE SOCIh'i'i': Mr. Hill, Public Safety Director, stated a presentat�.on was made on April 21 to the Coimcil k� Dr. Schollmc�er, President of the Greater Anoka County Hunane Society, regarcling financial support of their project. Mr. I3111 stated this Society has been attenpting for some time to establish an operational type hwnane society and has land donated in Blaine and camg3igns in Fxocess to receive funds to build a facility. Mr. Hill stated what tYie� are seeking fran Fridlc�, and other o�ummities in Anoka County, is a cbnation. Mr. Hill stated State statute 343.11 allaas for the City to � make an appropriation, not to exceed 50 cents per capita, for support of a hiunane society. He stated based on this per capita fiyvre, Fridley's cbnation would be $15,114 ar any anoimt the Council wishes to pledge. -14- COUNCIL MEEPING OF MAY 19. 1986 ��2 � PDTION l� Coimcilman Schneider to adopt Resolution No. 39-1986, with the amow7t af $15,000 to be inserted as Fridley's financial support fran the 1987 budget. Seoonded b� Cotmcilman FitzFatrick. Upon a voice vote, all voting aye, Nl�yor Nee declared the motion carn ed unammously. : u � i� •• � �• � • • • r• • � •• � • TI• :� i �'1�� ..,� • • � �� � Mr. Flora, Public Works Director, stated three bids were received for the 1986 sealcoating pro�ect. He stated the low bidder was Allied Blacktop in the �notmt of $115,292.91 and would recommend thcy be awarded the contract for this pro7ect. NDTION L� Cotmcilman Schneider to reoeive the follaaing bids: Allied Blacktop CanFarry 10503 - 89th Avenue N. N�ple Grwe, MV 55369 ..........................$115,292.91 Buffalo Bituninous Box 337 Buffalo, NN 55313 ..............................$121.316.71 Bitiuninous Roac3aays � 2825 Gedar Avenue Ni�nneap�lis, NN 55407 ..........................$134,421.70 Seoonded b� Coimcilman Barnette. Upon a voice vote, all voting ay e, Mayor Nee declared the motion carried unanimously. NDTIDN b� Councilman Barrette to award the contract for the 1986 sealcoating pro7ect to the 1 av bidder, Allied Blacktop Comg�ny, in the amount of $115,292.91. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Nl�yor Nee declared the motion carried unammously. 12. CONSIDERF,TION OF ADVII2'PISING FY)R BIDS FOR REPAIR OF TRUNK HIGHWAY SIGNALS: Mr. Flora, Pu41ic Works Director, stated the City is proposing to prepare plans and specifications to �airit all the s�cyials at the intersections and tie this into the crosswalk marking pro� ect. He requested the Council authorize the advertisenent for bids for this pro�ect. NDTIDN 1� Cowicilman Schneider to authorize the advertising for bids for repair of trimk highway sicy�als. Seconded Yr� Cowicilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 13. RESOLUTION N0. 40-1986 TRANSFERRING FUNDS FROM THE EMERGENCY RESERVE DEPARTMENP � THE RECREATION DEPARTMENT BUDGET (COMMUNITY SCHOOLS-SENIOR ' DROP-IN CENPERI NDTION L� Cotu�cilman Barrette to adopt Resolution No. 40-1986. Seconded by -15- ' � � COUNCIL MEETING OF MAY 19. 1986 Cbtmcilman Goodspeed. [•DTIDN lx C,ouncilman Fitz�trick to amend the above resolution by deleting the words "or to the Senior Cittzen Drolrin Center". Seconded L� Councilman Schneider. Upon a vaioe vote, all voting aye, I�yor Nee declared the motion carried unanimously. UIi�N A VOI(� VO�PE TAI�7 QV �iE NF�IN MOTION, all voted aye, and Mayor Nee declared the motion carned unammously. 14. RESOLUPION I3J. 41-1986 GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MIIa]ES1�TA MUNICIPAL IPIDUSPRIAL DEVEL�OPMED7C ACT, REFERRING THE PROPOSAL TO THE MIN[�SaPA DEPA�F'�' OF INERGY ADID ECONOMIC DEVEI,OPMIIdP FOR APPROVAL ADID AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (INDUSTRIAL BOULEVARD ID]VES])ORS) : NDTION Y� Coimcilman S�neider to adopt Resolution No. 41-1986. Sewnded b� �tmcilman Goodspeed. Upon a voice vote, all voting aye, [�yor Nee declared the motion carned unammously. 15. RESOLUPION N0. 42-1986 GIVIN:� PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL IPIDUSTRIAL DEVEIpPMENP ACT, REFERRING THE PROPOSAL TO THE MINNESOTA DEPA�F'�' OF ENERGY ADID ECONOMIC DEVEI�OPMIIJP FOR APPROVAL ADID AU7410RIZIIVG PREPARATION OF NECESSARY DOCUMENPS (53RD WP,Y INVESi1�RS) : I�DTION b� Councilman Fitzg�trick to adopt Resolution No. 42-1986. Seconded Yr� Coimcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot,ion �arried unammously. 16. RE90LUTION N0. 43-1986 GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNFS07'A MUNICIPAL IAIDUSTRIAL DEVIIAPMENP ACT. REFERRING THE PROPOSAL TO TEiE MINNESOTA DEPP,E�PMENr OF ENER(,'Y ADID ECONOMIC DEVEL�OPMED7P FOR APPROVAL AI�ID AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (WINFIELD DEVELOPMENTS. INC. : I�DTION lx Cotmcilman Schcyeider to a�pt Resolution No. 43-1986. Sewnded L� Co�cilman Barnette. Upon a voice vote, all voting aye, N�yor Nee declared the motion carriecl unammously. 17. APFOIA7rMME[�7i' - CITY EMPIAYEE: NDTION L� Co�cilman Schreider to ooncur with the follaaing appointment by the City Manager: NA[�]E K3ren Nelson 2179 17th St. N.W. Naa Bnghton, NN 55112 I�S 1TION Off ice Assistant R�lice Dept. (non-exenpt) STARTING SALARY $6.58 per hr. $1,140.94/ mo. STARTING DATE June 7, 1986 REPLA�G M�. chell e zwicky Seoonded tX Councilman Barrette. UFnn a voice vote, all voting aye, Mayor -16- 113 ' � � COUNCIL MEEPING OF MAY 19. 1986 Nee c�clared the motion carried unammously. 18. (T.AIMS• NDT7DN Y�T Cotmcilman Fitz�atrick to authorize payment of Claims No. 7898 through 8161. Seoonded 1� Councilman Schneider. Upon a voice vote, all vota.nq aye, Mayor Nee declared the motion carried unammously. 18. LICENSES• 20. Ft�TION b� Councilman Barnette to apprwe the licenses as sukmitted and as on file in the License Q erk's Office. Seoonded b� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl ared the motion carried unanimously. NDTION b� Co�mcilman Fitzpatrick to apprwe the follaaing estimates: Eugene A. I3ickok and Associates, Inc. 545 Ir�an Mound Wayzata, NN 55391 Moore Lake Restoratlon Pro�ect - F�ase II For March 27. 1986 to April 25, 1986 ..............$1,559.51 Seconded l� Coimcilman Schneider. Upon a voice vote, all voting ay e, Mayor Nee declared the motion carried unammously. ADJOURNMENP: MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Cowicilman Barnette. Upon a voice vote, all voting aye, I�yor Nee declared the motion carried unammously and the Regular P'leeting of the Fridley City Coimcil of May 19, 1986 ad7ourned at 11:08 p.m. Respectfully sutmitted, �.t-�- A7�'_°"('u`�C_ C�rale Haddad, Secretary to the City Coimcil Apprwed: -17- V v � Willian J. Nee I�yor � 114