07/06/1987 - 00011117���y��, ��
j
� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 6,
1987
The Regular I�keting of the Fridley City Couneil was called to order at 7:35
p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance to the
Fl ag .
ROLL CALL:
t�MBERS PRESENT: Mayor Nee, Councilman Goodspeed, Couneilman
Fitzpatrick, Couneilman Schneider and
Councilwoman Jorgenson
I�I�ERS ABSENT: None
PROCLAMATION:
COMMENDATION OF FRIDLEY JAYCEES - JUNE. 1987:
1 Mayor Nee read a proclamat3on commending the Fridley Jaycee's for their work
on the '49ers celebration this year and the proelamation was presented to
Scott Lund, President of the J�ycee's. Mayor Nee and members of the City
Council extended their gratitude to Scott and the Jaycee's for their
coordination of the �49er Days aetivities.
Mr. Lund extended thanks to the Council and City staff for their
involvement. He stated without this support, they would not have heen
successful.
Mr. Herrick, City Attorney, stated he was a member of the Jaycee's 25 years
ago and was pleased with the organization's activities for the '49er Days
celebration. Ee stated many of the J�ycee members he was involved with have
become successful business people in the community. Mr. Herrick stated he
wi�ed to add his thanks to the Jaycee's for a job well-done.
APPROJAL OF MINUTES:
COUNCIL MEETIIdG, JUNE 15, 1987�
MOTION by Councilman Fitzpatrick to approve the minutes as presented.
Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
SPECIAL COUNCIL l�ETING, JUNE 22. 1987�
� MOTION by Councilman Sehneider to approve the minutes as presented.
Seconded by Councilman Fitz patriek. Uppn a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
-�-
� �,� , ,�,�. ,
COUNCIL MEETING OF JULY 6, 7987
' ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
PUBLIC HEARING:
1. CONSIDERATION OF A VACATION, SAV #87-04, TO VACATE EASEMENTS DN LOT 4, BLOCK
2. EAST RANCH ESTATES SECOND ADDITION, GENERALLY LOCATED AP 7710 UNN ERSITY
AVENUE. BY J. BENSON AND G. SRADBURY:
MOTION by Couneilman Schneider to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman Goodspeed. IIpon
a voice vote, all voting aye, Mayor Nee decl ared the motion carried
unanimously and the public hearing opened at 7:44 p.m.
Mr. Robertson, Community Development Director, stated this vacation is
related to the lot split and special use permit requests on the Council's
agenda this evening. He stated the vacation is requested in order to
relocate a utility easement to allow for development, Mr_ Robertson stated
the Planning Commission recommended approvai of this vacation at their June
3 meeting with the stipulations that the developer be responsible for all
costs associated with the relocataon of the sanitary sewer line and new
' utility easements are to be provided on the north and south of trie property
to aceommodate th is relocation.
No persons in the audienee spoke regarding this proposed vacation.
MOTION by Councilman Goodspeed to close the public hearing. Seconded by
Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing elosed at 7:47 p.m.
OLD BUSINESS:
2. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE BY AMENDING CHAPTER 14 ENTITLED "PEDDLERS" SECTION 14.08. INVESTIGATION
AND ISSUANCE. AND ADDING NEW SECTION 14.11, HOURS OF SOLICITATIONS, AND
RENUMBERING PRESENT 14.11 THROUGH 14.20:
Mr. Hill, Public Safety Direetor, stated Councilman Schneider had inquired
as to regulating hours of solicitation under the City's existing peddler's
ordinance. He stated in cheeking the regulation of this type of activity,
the League of Minnesota Cities was contacted and the information they
submitted was forwarded to the Assistant City Attorney, Dave Newman, for his
review. Mr. Hill stated Mr. Newman has submitted a memo indicating the
various constitutional issues involved. He stated Mr. Newman advised if it
is the Council's desire to impose any time limits, the standards for a
' permit should also be revised. Mr. Hill stated the ordinance now before the
Couneil outlines reasons why peddlers, solicitors, or transient merehant
licenses may be denied and establishes hours of solicitations between 8 a.m.
and g p, m,
-2-
�0 "'�,
�,r�. _
COUNCIL MEETING OF JULY 6, 1987
� Mayor Nee reviewed Seetion 14.08, Sub-section 1, a through f, covering the
reasons why licenses may be denied such as fraud, convietion of an offense
involving moral turpitude, habitual drunkenness or intemperanee in the use
of drugs, or engaging in any conduct which would constitute grounds for
refusal.
�
3-
Councilman Schneider atated he requested a restriction on hours of
solicitation after an organization did have youngsters soliciting after
dark. He stated he received several phone ealls regarding this matter and
has had solicitora at his home in late evera ng hours. He stated he felt it
would be reasonable to establish some hours for solicitations.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance upon first reading. Seconded by Councilman Fitz patrick. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unammously.
Councilman Schneider stated if this ordinance is adopted on the seeond
reading, the staff should notify permit holders.
MOTION by Councilman Fitzpatrick to waive the second reading and adopt
Ordinance No. 889 on the second reading and order publication. Seconded by
Councilman Srh neider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion earried unanimously.
4. CONSIDERATTON OF APPOINTMENTS TO THE ENVIRONMENTAL QUALITY AND ENERGY
COMMISSIONS:
MOTION by Councilman Schneider to table these appointments. Seconded by
Couneilwoman Jorgenson. Upan a voice vote, a11 voting aye, Mayor Nee
deelared the motion carried unanimously.
NEW BUSINESS:
5. ITEt•S FROM THE PLANNING COMMISSION MTNUTES OF JUNE 3. 1987:
A. CONSIDERATION OF A LOT SPLIT, L.S. 487-O�1, TO SPLIT OFF
PARTS OF LOT 3 AND 4, BLOCR 2, EAST RANCH ESTATES SECOND
ADDITION, GENERALLY LOCATED AT 7710 UNIVERSITY AVENUE_N.E.,
BY J. BENSON AND G. BRADBURY:
Mr. Robertson, Community Development Direetor, stated the Planning
Commission at their June 3 meet3ng reviewed this lot split request and
recommended approval with five stipulations which he outlined. He stated it
' is proposed Parcel A and B added to Lot 1, Block 1 East Ranch Estates, First
Addition, and Parcels C and D be combined. He stated the petitioner has
requested the park fee be paid in two stages. He stated they have reque�ted
the fee of $1,159 ithe new lot of parcels C and D) be paid upon obtaining a
-3-
�
LJ
�
COUNCIL M6ETING OF JULY 6 �987
building permit for the ABRA facility and
the issuanee of a building permit for
replatting of the balance of the property.
�����i�F��l
the balance of $1,682 be paid upon
the balance of the property or
Councilman Sehneider questioned if part of the fee was deferred, if the
petitioner would have to pay the fee th at prevails at the time of payment.
Mr. Robertson stated this is a good point, however, the petitioner's request
is to deFer payment, but at the fee schedule now in effeet.
Mr. Jim Benson, the developer, stated things have changed since the original
petition was before the Planru ng Commission. He stated part of the land was
originally owned by another party, however, Bob Sehroer now has title to all
the land, He stated the proposal is to add Paccels A and B to Lot 1, Block
7, East Ranch Estates First Addition to preclude landlock3ng the remaining
vacant property and Parcels C and D will be combined for new development.
He stated when the whole area was platted, it was assumed there would be a
retail development fronting on Un3versity with a second row to the west
which has not occurred.
Mr. Qureshi, City Manager, asked if all property owned by Bob Schroer would
be one tax parcel. Mr. Benson stated it would be one tax parcel.
Mr. Qureshi stated he felt this is bad planning as, logically, those lots
should be part of the property they adjoin.
Mr. Benson stated the property is long and narrow and felt Parcel A would
probably be part of Bob Schroer`s Puture plans or acquired by ad�acent
busine sse s.
Mr. Schrcer stated Parcels A and C would probably be used in conjunetion
with existing businessea or possibly for ponding or parking. Ae felt the
parcels will be utilized to their fullest capacity.
Mayor Nee stated if the lot split is to be approved, Counoilman Schneider' s
point regarding payment of the park Pee at the prevailing rate at the time
it ia paid should be considered.
MOTION 6y Couneilman Goodspeed to grant lot split, L.S, �87-04, with the
Following stipulations: (t) parcels A and B to be added to Lot 1, Block 1,
East Ranch Estates First Addition to preclude landloeking remainang vacant
property; (2) parcel C to be combined with parcel D for new development and
recorded Nith lot split; (3) any further subdivisions of vacant property to
require a replat of the area; (�!) legals for this lot split subject to
County approval and if not approved, a plat will be required; and (5) a park
fee of $1,159 ithe new lot of Pareels C and D is 5D,400 sq. ft. x.023) be
paid upon obtaining a building permit for the ABRA facility and that the
balance be paid at the then current rate upon issuing a building permit for
the balance of the property or replatting of the balance of the property.
Seconded by Couneilman Fitz patrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
-�-
`ll��J��.��
COUNCIL MEETING OF JULY 6, 1987
� B. CONSIDERATION OF A SPECIAL USE PERMIT, SP �k87-11 TO ALLOW
A REPAIR GARAGE ON LOT �I, BLOCK 2, EAST RANCH ESTATES SECOND
ADDITION, GENERALLY LOCATED AT 7710 UNN ERSITY AVENUE N.E.,
BY J. BENSON AND G. BRADBURY:
Mr. Robertson, Community Development Director, stated the Planning
Commission reviewed this request for a special use permit at their June 3
meeting and recommended approval with ten stipulations. He stated the
petitioner agrees with these stipulations.
Mr. Benson, the petitioner, stated Mr. McPherson and Mr. Benjamin would be
the owners of this auto refinishing business. He stated the er.tire concept
is to have a first-class cust�er oriented business. He stated ABRA would
be involved in refinishing and light auto body work and high-tech equipment
would be used. Mr. Benson presented photos of a similar building and
drawings of the propo9ed structure. He stated the building would be very
attractive with brick and rock face bloek.
MOTION by Councilman Goodspeed to grant special use prmit, SP ��87-11, with
the following stipulations: (1) no outside storage of damaged vehicles or
any parts or equipment allowed; (2) provide proof of permits from Anoka
County to handle hazardous waste; (3) all overhead doors and man doors to
match building; (4) supply building facade material samples for City staff
' approval prior to building permit; (5) provide additional evergreen
screening of overhead door areas (to be incorporated on landseape pl an by
6/29/87i; i6� all green areas to have automatic sprinkling; (7) provide
conerete curbing 5 foot setbaek off building where no overhead doors are
planned; (8) provide plans and specifications for odor mitigation equipment;
draft filtration equipment system to be approved by City staff; (9) dumpster
to be stored inside or 3n a masonry enclosure compatible with structure; and
10) all roof top equipment to be sereened from view. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
6. RECENING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 24, 1987:
A. CONSIDERATION OF A PRELIMINARY PLAT. P.S. �k87-06. SHOREWOOD
PLAZA, GENERALLY LOCATED SOUTH OF WEST MOORE LAKE DRN E. EAST
OF HIGHWAY 65. NORTH OF MOORE LAKE AND WEST OF CENTRAL AVENUE,
BY ST. ANTHONY VILLAGE SHOPPING CENTER:
MOTION by Councilman Schneider to set the public hearing on this plat for
July 2�, 1987. Seeonded by Councilman Fitzpatrick, Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
B. CONSIDERATION OF A VACATION. SAV �87-05, TO VACATE THAT PART
OF LOT 17. AUDITOR'S SUBDN ISION N0. 88, GENERALLY LOCATED
SOUTH OF WEST MOORE LAKE DRNE. EAST aF HIGHWAY 65. NORTH
' OF MOORE LAKE AND WEST OF CENTRAL AVENUE BY BRODY ASSOCIATES
INC.
MOTION by Councilman Schneider to set the public hearing on this vacation
-5-
���%r� ��
COUNCIL MEETING OF JULY 6, 1987
� request for July 20, 1987• Seconded by Gouncilman Fitzpatrick. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
C. CONSIDERATION OF A LOT SPLIT. L.S. �87-05 TO SPLIT OFF
PART OF LOT 4, BLOCK 1. PARKVIEW MANOR SECaND ADDITION, AND
PART OF LOT 6, BLOCA 1, PARKVIEW MANOR SECOND ADDITION,
GENERALLY LOCATED SOUTH OF CENTRAL AVENUE AND NORTH OF
HACKMANN AVENUE, BY THE FRIDLEY HRA:
Mr. Robertson, Community Development Director, stated the HRA acquired this
land for roadway purposes and removed a home. He stated the roadway
improvement will create a problem for the homeowner whose driveway opens at
the intersection. He stated it is proposed to purehase a small portion of
property from the lot to the south in order to place this driveway on
Hacl�ann Avenue.
Mr. Robertson stated the Planning Commission recommended approval of this
lot split at their June 24 meeting with the stipulation that the final
design of the roadway be approved by the Council prior to final approval of
the lot split. He stated the Planning Commission understands that various
alternatives are being considered for this intersection and wanted to make
sure the final design is approved before the lot split is recorded.
� Councilwoman Jorgenson stated she 6elieved the people involved were not
aware of this meeting and recezved no notice the item was before the
Council.
Mr. Billings, Chairman of the Planning Commission, stated no one From the
neighborhood was present at the Planning Commission meeting. He stated it
is customary tdiat residents receive notice of the official public hearing
before the Planning Comm3ssion and anyone attending is advised when the item
would go before the City Council.
Couneilwoman Jorgenson stated several residents were not able to attend the
Planning Commission meeting so they were not aware the item was before the
Couneil this evening.
Mr. Herrick, City Attorney, stated Mr. Flora, Public W orks Director,
consulted with him regarding legal descriptions and documents in regard to
this lot split. He stated he was under the impression the persons affeeted
had been contacted and an agreement reached between the City and these
individuals regarding the splitting of various lots.
Councilwoman Jorgenson stated there was some form of agreement and Ms.
Williams was present when the meetings with the neighborhood were held,
however, when she spoke with her this evening, she would prefer that the
road design be finalized before the lot split is approved.
� Mr. Billings stated the Planning Commission had the same coneern and was the
reason for their stipulation.
�
�
�
�
V�iq,�N
COUNCIL MEETING OF JULY b. 1987
MOTION by Councilwoman Jorgenson to table this item until the road design is
finalized and aPPected property owners are to be notified when the item is
again before the Council. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unan3mously.
D. CONSIDERATION OF ALLOCATION OF THE 1987-$8 COI�tUNITY DEVELOPMENT
BLOCK GRANT FUNDS TO REQUESTED HUMAN SERVICE OAGANIZATIONS:
MOTION by Councilman Fitzpatrick to coneur with the recommendation of the
Human Resources Commission to allocate the 1g87-88 Community Development
Hlock Grant Ftiznds as follows:
Alexandra House, Inc.
Anoka County Community Aetion Program
Fridley Senior Center, Inc.
North Suburban Center for the Arts
Southern Anoka Community Assistance
Church of St. William
Association for Retarded Citizens
Central Center for Family Resourees
North Suburtaan Counseling Center
Family Life Mental Health Center
North Suburban Consumer Advoeates
for the Handicapped
Hot Meals For Shut-Ins, Inc.
Seconded by Councilman Goodspeed.
$3,OOD
6,915
3,000
1,200
5,000
1,OD0
1,500
5,000
3,169.50
3,169.50
�
Mr. Hunt, Assistant to the City Manager, stated he wanted to make the
Couneil aware the minutes of the Human Resources Commission were not
officially approved, but given to the Couneil in order for them to consider
the recommendation regarding the allocation of the CDBG funds. He stated
there ie one statement which should be eorrected concerning the reason for
denial of funding for the North Suburban Consumer Advocates for the
Handicapped. He stated the reason given in the minutes was because they
were unable to demonstrate how their previous grants were used. He stated
this is incorrect and the reason the funds were denied was the organiz ation
was not able to show direct quantifiable benefit to the citizens of Fnidley.
He stated the Human Resourees Commission felt aince they couldn't show how
this particular program benefitted the residents of the eommunity, they
derued their request for funding.
Mayor Nee asked if the $1,000 allocated to St. William's is for the church
or food.
Mr. Hunt stated the funds can be used only for a secular purpose so it has
to go for food or for items related to storage of food such as a freezer.
UPON AVOICE VOTE TAI�N ON THE ABWE MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the Planning
-7-
�
,
�
7.
8.
0
COi3NCIL MEETING OF JULY 6. 1987
Commission meeting of June 24, 1987. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee deelared the moiion carried
unaaimously.
RECENING THE MINUTES OF THE CA7V ADVISORY COMMISSION MEETING OF MAY 21,
1987;
MOTION by Councilman Schneider to receive the minutes of the Catale
Television Commission meeting of May 21, 1987. Seconded by Councilman
Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Councilman Schneider stated with the storms this past Sunday, there were
problems with the cable system in his area and he was not ahle, a£ter trying
for several hours, to contact customer service for Nortel Cable. He stated
he also received a call from a constituent who advised him the cable system
was down the previous weekend and he could not contaet Nortel.
MOTION by Couneilman Schneider to request staff to investigate what happened
with Nortel's service and determine if they are in violation of the existing
franchise agreement and what corrective action can be taken. Seconded by
Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
CONSIDERATION OF ENTERING INTO AN AGREEMENT WIH RAMSEY COUNTY ON THE
MAINTENANCE OF STINSON BOULEVARD/PLEASANT VIEW DRNE:
Mr. Burch, Assistant Publie Works Direetor, stated Ramsey County is
interested in establishing a cooperative agreement with Fridley for
maintenance of Stinson Boulevard between 73rd Avenue and Osborne Road. He
stated this agreement establishes a cost sharing for the routine maintenance
on this segment of road and the City's share for 1986 is $879.60.
Mr. Qureshi, City Manager, felt entering into this agreement would set a
precedent and he wou7.d like staff to review it further since there have not
been any charges to the City in the past.
MOTION by Couneilman Sehneider to table this item and refer to staff for
further review. Seeonded by Councilwoman Jorgenson. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF CHANGE ORDER #1 FOR LANDSCAPING. IRRIGATION & LIGHTING
PROdECT �16$, MINNESOTA VALLEY LANASCAPING. INC.:
Mr. Bureh, Assistant Public Work Director, stated in a letter reeeived from
Erie Nesset, he requested anehor bolts be added to the contract and is aware
there would be a cost to Woodbrid�e. He stated the Council is requested to
consider this change order so these anchor bolts may be added while the
contraetor is working on the site.
Mr. Herrick, City Attorney, stated he understands there was a request by
Woodbridge for this ehange order. He stated he was informed this work was
'1'��
/ �
��a,ia�..a, �
n
'�]I��v�'�«.'"��
COUNCIL MEETING OF JULY 6, 1987
� something Woodbridge intended to undertake and is now asking the City to
accomplish. He stated it is his position Woodbridge would be responsible
for the costs since they requested the change order. He stated his position
is that the City communicate to Woalbridge that the change order has been
approved and because it is something added at their request, it will be
added to their costs. He stated whether they agree or disagree is something
that has to be worked out along with a lot of other problems.
10.
MOTION by Couneilman Goodspeed to approve Change Order No. 1 with Minnesota
Valley Landseaping, Inc, for Landscaping, Irrigation and Lighting Pro�eet
No. 168 in the amount of $5,585.47 for a total revised contraet amount of
$486,998.47. Seconded by Councilman Fitzpatriek. Ppon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
Mr. Burch, Assistant Publie Works Director, stated this change order be came
neeessary because of poor soil conditions at the Lake Pointe development
site. He stated material must be excavated and replaced with suitable
granular f�.11 to support the design load. He stated staff has investigated
the cost for this work and believes the contractor's price is reasonable.
MOTION by Coune3lman Goodspeed to approve Change Order No. 2 with Enebak
Construction Company for Demolition and Site Grading Pro�ect �163 in the
� amount of $12,000 for a revised contract amount of $995,000. Seconded by
Councilman Fitzpatrick.
Mr. Herrick, City Attorney, stated he discussed this change order with staff
and felt tdie developer should be advised that this work was necessary for
the integrity of the road within the projeet. He stated it is additional
work brought about by unforeseen conditions that were not known at the time
the project was bid. Mr. Herrick stated Minnesota law provides that a
contractor is entitled to additional reimbursement for performing more work
than was bid. He stated it is the City's position this work needs to be
completed and is an additional cost.
UPON A V OICE V OTE TAKEN ON THE ABUIE MOTION, all voted aye, and Mayor Nee
deelared the motion carried unanimously.
17. RESOLIITION N0. 52-1987 AUTHORIZING ERPENDITURE OF CERTAIN FUNDS FOR THE
FRIDLEY HISTORICAL SOCIETY:
MOTION by Couneilman Fitzpatrick to adopt Resolution No. 52-1987• Seconded
by Couneilman Schneider.
Mr. Hunt, Assistant to the City Manager, stated this resolution authorizes
certain funds to be expended for tYre Fridley Historical Society. He stated
$�3,000 is for furnaces and insulation of the Hayea Annex Building and
� $13,5D0 is for grading and surfacing the parking lot. He stated an
additional $1,500 is authorized to meet operating expenses for the first
year.
�
'V'�'i� l�Ja�iC°"
COUNCIL MEETING OF JULY 6. 1987
' Couneilman Goodspeed asked if the building would be accessible for the
handicapped.
Ms. Fern Moe, President of the Fridley Historieal Soeiety, stated they are
applying for a grant to the Minnesota Historical Society in order to provide
for handicap access to this build3ng. She stated they are not allowed to
deface the sides of the building on the south, east, or west in order to be
considered for the national registry. She stated the handicapped access,
therefore, will be from the rear of the building. Ms. Moe stated the
Minnesota Historical Society will 6e giving grants in November, 7987 and
February, 1988 and the most they could receive at one time is $7,500,
therefore, they will be applying for grants on both these dates. She felt
certain they would receive the grants as historical buildings need ta be
accessible to the handicapped and it is an area the Minnesota Historical
Society is funding.
Councilman Goodspeed asked what type of lease they have with the School
District.
Ms. Mce stated it is a 99 year lease for $1 .00 with the provision if the
building is in disrepair, it will revert back to the School District.
Couneilman Goodspeed stated the funds the City is investing could possibly
be somewhat of a gaft to the School District, if the Historical Society
� isn't auecessful.
Ms, Mce stated she believes they w9.11 be successful and doesn't look at it
this way.
12.
UPON A V OICE V OTE TAI�N ON THE AB W E MOTION, all voted aye, and Mayor Nee
declared the motion carried uanimously.
YY
MOTION by Councilman Fitzpatrick to approve Ch ange Order No. 2 with
Northxest Asphalt for Street Improvement Pro�ect ST 1987-1 in the amount of
$13,500 for a revised contraet amount oF $219,022.50. Seconded by
Councilwoman Jorgenson.
Mr. Qureshx, City Manager, stated permission should be obtained from the
School Distriet to make the improvements to the Hayes Annex parking lot for
the Historical Society.
Ms. Mce stated, at this time, they do not have a signed lease with the
School District because as soon as the lease is signed, the Historical
Society will have to bear the cost of the insurance and they wanted to see
what action the Couneil took this evening regarding their funding request.
She stated they will now get the lease signed.
� UPON A VOICE VOTE TAI�N ON THE ABWE MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
-10-
r'll `i�Y i�., F �
COUNCIL MEETING OF JULY 6, 7987
1 13• RESOLUTION N0. 53-1987 APPROVING A FINAL PLAT, P.S. #87-04, KEN'S 15T
ADDITION, GENERALLY LOCATED SOUTH OF 77TH AVENUE. WEST OF MAIN STREET AND
NORTH OF OSBORNE ROAD. BY KEN BUREAU OF R�EWOOD PROPERTIES. INC.:
Mr. Robertson, Community Development Director, stated the petitioner is
being requested to plat this property because oF the lengthy legal
description. He stated the Planning Commission has unanimously recommended
approval of the plat With three stipulations as follows: (1) park fee of
approximatly $8,937 to be paid prior to recording plat (exact amount eq ual s
sq. ft, x.023); (2) developer to supply a ten foot bikeway/walkway easement
along Osborne Road, sub�ect to St. Paul Water Works concurrence
(incorporated on revised plat received 61101877; and (3) provide additional
right-of-way (25 foot triangles) at the corners of Osborne Road and Main
Street and 77th Avenue and Main Street (incorporated on revised plat
reeeived 6/10/87). Mr. Robertson stated the developer agrees to these
stipulations and they are attached as E�ibit A to this resolution.
MOTION by Councilman Goodspeed to adopt Resolution No. 53-7987 with the
stipulations attaehed as Exhibit A. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
14. RESOLUTION N0. 54-1987 APPRW ING A LOT SPLIT, L.S. �84-04. TO SPLIT OFF THE
NORTH 149 FEET OF LOT 6, BLOCK 2. SPRING VALLEY ADDITION, BY CYNTHIA BRAAM:
� Mr. Robertson, Community Development Director, stated the Council approved
this lot split on June 4, 1984 and, apparently, a resolution was never
passed or the petitioner never recorded the lot split. He stated at is
requested the Council consider this resolution to approve the lot split with
the same stipulations attached on June A, 1984, plus a park fee of $750 or
current rate at time of building permit.
Mr. Tom Briekner stated the reason for the split is for future development
which may or may not occur.
MOTION by Councilman Sehneider to adopt Resolution No. 5�I-1987 with the
stipulations attached as E�ibit A. Seconded by Councilman Fitz patrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
15. CONSIDERATION OF A SIGN PLAN FOR THE RNERBOAT SHOPPING CENTER, 7899 EAST
RNER ROAD N.E.:
Mr, Robertson, Community Development Director, stated in April, the City
received a sign permit application for one of the tenants of this shopping
center and it was found they didn't have a comprehensive sign pl an for the
center. He stated a sign pl an was submitted on June 22 and staff recommends
approval .
� Couneilman Fitzpatrick stated if the reader board as part of the sign plan,
he felt it should be reviewed as he questioned if they were permitted.
_��_
COUNCIL MEETING OF JULY 6. 1987
�, ,�,.
�:,��, '
' MOTION by Councilman Fitzpatriek to table this item for a elarification from
staff regarding the question of the reader board. Seconded by Councilman
- Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
16. RECEN ING PETITION NQ. 3-1487 REGARDING POND IMPROdEt�NT:
MOTION by Councilman Goodspeed to receive Petition No. 3-1987 regarding the
pond adjacent to St. Moritz Drive and request staff to meet with
representatives of the City of Col�bia Heights regarding this request with
a report back to the Council, Seconded hy Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
17. CONSIDERATION OF REVIEW OF A REQUEST FOR WAIV ING THE ENV IRONMENTAL
ASSESSMENT WORKSHEET ASSOCIATED WITH THE SPECIAL USE PERMIT FOR OUTSIDE
STORAGE AT 45D0 MAIN STREET:
Mayor Plee stated the City staff requested an Environmental Asssessment
Worksheet (EAW) associated with this special use permit application and a
letter has been received from the attorney of the petitioner requestng this
EAW be waived.
Mr. Tony Spigarelli, representing Central Roofing Company, stated they have
' entered into a purchase agreement for the north half of the property at 4500
Main Street. He stated in March, 1987, it was made known to them by the
City staff that a special use permit was needed for outside storage. He
- stated in staff�s review of this apecial use permit application, Jim
Robinson became concerned that the odors from the asph alt trueks may become
objectionable to the residents in the area. He stated he met with ataff and
Councilman Fitzpatrick to show that where they intend to park these trueks
on the site, there would be no problem to the residents as they would be
about 900 feet away from any residence.
Mr. Spigarelli stated they agreed there should be some testing and Twin City
Testing was hired to do an analysis and thear findings were submited to Jim
Robinson and much to his surpise, the report was re�ected. 0e stated Mr.
Robinson stated he wanted an EAW. He stated he then had Twin City Testing
contact the Pollution Control Agency to obtain further informat3on.
Mr. Keith Govro, Project Manager, Zt.rin City Testing, stated since their firm
conducted the survey at this site, he has been in eontact with Mr.
Chamberlain of the Pollution Control Ageney. He stated two points should be
made. He stated a quantifiable methodology for odor emissions isn't
possible and the PCA guidelines for odor emisaions do not apply to mobile
emissions.
Mr. Jim Benson stated thxs parcel of land is ten acres with the south five
acres oceupied by Rubber Research Elastomers, Inc. He stated Central
� Roofing wishes to locate on the north five acres and there has always been
outside storage in this area. He stated in diacussions with Jim Ro6inson,
they were advised to apply for an outside storage permit. He stated the
-12-
�
�1'�i r'i"'�',
COUNCIL N�ETING OF dULY 6, 1987
trucks involved in thas operation will only be parked on a certain area of
the site which is g00 feet fr�n any homes. He stated Central Roofing has
also agreed to install new landscaping in the front of the building.
Mr. Benson stated a request for an EAW is usually in conjunetion with an
operation that would bring a lot of traffic into the area. He stated in
this situation, the uae of the property would be less dense than the former
use. He stated the trucks are cooled down when they return to the site and
are never heated on the site, but taken to the manufacturer who then fills
them with hot tar. He stated the only odor emission is when the truck
passes down the street and this is only for a few seconds. He stated within
250 feet, there is no odor emitted. He stated the type of emissions
wouldn't justify an EAW and the new findings from the PCA do not regul ate a
mobile odor, but manufacturing sources of pollution. He stated he is
requesting that Central Roofing not have to proceed with an EAW.
Councilman Fitz patrick stated a truck parked overnight is a fixed point of
emission of an odor. He stated he is getting compl aints from residents in
this general area about odors emitted by Webb Publishing which is much
further away. He stated Webb Publishing is in the process of trying to
change this situation. He stated the request for an EAW preceded the Twin
City Testing study which has been completed.
Mr. Herrick, City Attorney, stated he has not been requested to review this
' in any detail. Ae thought it would be reasona6le for staff to ask the
petitioner to provide a written statement from the PCA confirming what they
were told. He stated if there is a desire on the Council's part, he could
— certainly do some researeh and check wth the PCA staff to obtain further
information.
�
Mayor Nee asked what is involved in an Environmental Assessment Worksheet.
Mr. Herriek stated it varies depending on the pro�ect. He stated he saw the
letter from the petitioner's attorney this morning asking the EAW be waa.ved.
He stated if the EAW requirement isn't waived, staff should be somewhat
explicit as to what is to be addressed in the EAW.
Mayor Nee stated from past experiences, there have been odors emitted from
asphalt comparues. Mr. Herrick stated he believed these were from a hot
asphalt plant and felt this was a different type of asphalt facility.
Councilman Fitzpatrick stated when the special use permit request is
submitted to the Council for action, the statements whieh have been made
should be verified w3th t,he PCA so a decision may be made on whether or not
to require the EAW.
Mr. Spigarelli stated he can provide a letter from the PCA verifying the
statements. He stated the regulations to which staff refers do not apply to
their type of business which involve low odor emissions. He stated their
pnesent location is at 3375 North 2nd Street and indicated they have had no
problems with residents in the area.
-13-
�yqr+ ��1
i,.Y l.f'1�u �d
COUNCIL MEETING OF JULY 6, 1987
� Couneilman Schneider stated the PCA is coneerned about pollution of the
envirormient. He stated the Couneil is concerned about the quality of life
for its residents. He stated this operation could certaanly cause a
detriment to the quality of life for residents next to such a business. He
questioned if the City has the ri�ht to request an EAW, if the YCA doesn't
regulate this type of business.
�
,
Mr. Herriek stated the City could require an EAW even though it isn't
governed by the PCA. He felt copies of the Twin City Testing report sh ould
be made available. He suggested possibly someone from the Couneil visit the
Central Roofing site in Nlinneapolis and talk to residents to see if they had
any coneerns or comments.
Mr. RoUertson, Community Development Director, stated at the meeting in
April with the petitioner, staff, and Couneilman Fitzpatrick, the petitioner
was advised of staff's concerns and the reasons for an EAW because of odors,
traffie, potential spills and contamination of water, etc. He stated
information was given to the petitioner on the type of odor testing that the
PCA does require. He felt if the petitioner had proceeded to prepare an
EAW, the process would haue been completed by now.
Couneilman Fitzpatrick felt staff and the City Attorney should contact the
PCA to determine their position and to check into this matter Further.
MOTION by Councilman Fity patrick to table action on this request until a
report is received from staff. Seconded by Councilman Goodspeed. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
18. CLAIN6:
MOTION by Councilman Goodspeed to authorize payment of Claims No. 1�998
through 15327• Seconded by Couneilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
19. LICENSES:
MOTION by Councilman Fitz patrick to approve the licenses as submitted and as
on file in the License Clerk's Office. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried
unanimously.
20. ESTIMATES:
MOTION by Councilman Schneider to approve the estimates as submitted:
Herrick & Newman, P.A.
6401 University Avenue N.E.
Fridley, MN 5543z
For Services Rendered as City Attorney
For the Month of June 1987. ...,...
_� 1�_
. . . . . $ 2,198.50
�
� J
�
COUNCIL MEETING OF JULY 6. 1987
H & S Asphalt, Inc.
1700 Industry Blvd.
Anoka, NAI 55303
Street Improvement Project ST. 1986 - 1& 2(Phase 2)
Estimate No. 3 • • • . • . • • • • • • • • • • • � •
Halvorson Construction Co.
�F227 - 165th Ave., N.E.
Aaoka, MN 55304
Miscellaneous Concrete Curb & Gutter Project - 1987
Estimate No. 4 . . . . . . . . . . . . . . . . . . .
Lay[�e Minnesota
3147 California St., N.E.
Minneapolis, I�AI 55u18
Well �3 and #4 RePair Pro�ect #775
Estimate No. 1 - Well #�I . . . . . . . . . . . . . .
Minnesota V alley Landscaping, Inc.
9700 W. Bush Lake Road
Minneapolis, t�A1 5543$
Landscaping, Irrigation & Lighting Pro�ect No. 168
Estimate No. 5 . . . . . . . . . . . . . . . . . .
Northwest Asphalt
7457 Co. Rd. #89
Shakopee, FA1 55375
Street Improvement Projeet ST. 1987 - 1
Estimate No. 1 . . . . . . . . . . . . . . . . . .
5ubterranean Engineering Corp.
6875 Hi�way 65, N.E.
Minneapolis, PIId 5543z
Lake Pointe Corporate Center
Partial Estimate . . . . . . . . . . . . . . . . . .
-15-
���
� w�✓ . 4�
$ 36>577.81
$ 2,137•50
$ 12,014.80
$ 32�53z•85
$128,215.04
$ 2,533•$�+
x�
�� � � � �1
COUNCIL MEETIPdG OF JULY 6, 19g7
� Western Waterproofing
2838 Stephans
Minneapolis, hIN 55k08
Repair of 1.5 NG Reservoir Project #161
Estimate No. 2 . . . . . . . . . . . . . . . . . . . $ 18,380.00
Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
ADJOURNMENT:
MOTION by Councilman Schneider to adjourn the meeting. Seconded by
Councilman Goodspeed. Upon a voiee vote, all voting aye, Mayor Nee decl ared
the motion carried unanimously and the Re�ular Meeting of the Fridley City
Council of July 6, 1987 adjourned at 10:08 p.m.
Respectfully submitted,
.,�� �,�,� (�(/���� �'�-�'-�-
Carole Haddad William J. Nee
Secretary to the City Council Mayor
� Approved:
�
-16-