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07/14/1989 - 00006966, � ' THE MZNUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 14, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:44 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Alleqiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: Councilman Schneider APPROVAL OF MINUTES: COUNCIL MEETING. JUNE 19, 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL COUNCIL MEETING, JUNE 26, 1989: Motion by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: l. PUBLIC HEARING TO CONSIDER THE SALE OF EXCESS PROPERTY AT 1220 52ND AVENUE N.E.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman .� V � FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1989 PAGE 2 Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:47 p.m. Ms. Dacy, Planning Coordinator, stated this public hearing was scheduled to obtain input from residents for the possible sale of City owned property at 1220 52nd Avenue N. E. She stated the City obtained title to this property as a tax forfeited parcel in 1974. Ms. Dacy stated since 1973, this parcel has been used as a driveway access to the South Fridley Apartments, and over the last seven years, the apartment owner has maintained the City's property and the existing driveway. Ms. Dacy stated the driveway over this lot serves an important traffic and safety purpose. She stated without this access, the apartment complex would operate on only one driveway from 52nd Avenue. Ms. Dacy stated if the property is sold, the City will need to retain an easement for the street realignment. She stated approximately 10,625 square feet will remain after subtrac�.ing the easement area. Ms, Dacy stated there is the possibility a single family home could � be constructed on the property, but construction of such a structure would be constrained by the easement and the setbacks. She stated if a home was constructed, it would also eliminate a secondary access for the apartment complex. Ms. Dacy stated the Planning Commission recommended the City sell the property to the apartment owner so that proper traffic safety is maintained and so the property can be re�urned to the tax rolls. She stated the Planning Commission also recommended, if the property is sold to the owner of the apartment complex, that parking be prohibited and that landscaping be strategically installed on the property to enforce the no parking stipulation. Ms. Dacy stated she received several calls from residents in the neighborhood regarding this property and believed representative of the apartment complex were here this evening. Mr. Levy, 1240 52nd Avenue, stated his lot is adjacent to this parcel of property. He stated he understands there has been changes in ownership of the apartment complex over the last 2D years. He stated the property has not been maintained properly and there is a lot of parked cars and motor vehicle traffic which creates a certain amount of nuisance in the neighborhood. Mr. Levy stated he was told one of the owners had originally sold , this parcel of land and the new owner had let it go tax forfeit. He stated over all these years, the apartment complex has been using the property at the expense of the taxpayers. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1989 PAGE 3 � Mr. Levy stated he also understands there was a change in the code which provided that new apartments being constructed needed more than one access. He stated if this was the case, the owners of the apartment complex should have been approached regarding these changes and they should have complied. Mr. Levy stated his own personal feeling is if the owner of the apartment complex does not want to purchase the property, to either close it off or sell it for the construction of a home. He also suggested possibly this parcel could be used for a park area. Councilman Billings stated this whole situation came to light last fall when he visited with Mr. Levy and received complaints from others that the apartment aomplex was using the property not only as a driveway, but for parking cars. He stated in checking further, it was found the City owned this parcel. Councilman Billings stated there were some conversations with the apartment owner regarding any interest he may have in purchasing the property. Councilman Billings stated the purpose of this public hearing is to determine if the City should retain the property or if it should be sold. Mr. Levy questioned the alternatives for the use of this land if � it is retained by the City. Councilman Billings stated he really did not feel there was sufficient space for a playground area and felt the traffic on 52nd would not be oonducive for this type o£ use. He stated he honestly did not know what the City would do with the parcel, if it is retained. Mayor Nee asked Mr. Levy if he would be receptive to a split of the lot which could be added to his property. Mr. Levy stated he has given this some thought, but questioned how it would change the tax base on his lot. Mr. Herrick, City Attorney, felt the change in the tax base would be very minor. Mr. Levy stated he has thought about redoing and straightening his driveway. He stated in order to accomplish this, he would need to purchase l0 or 15 feet of this parcel the City owns. Mr. Levy asked the positions of the owner of the apartment complex. Councilman Billings stated he hoped the owner was here this evening for the City to receive their input. � Ms. Judy Engebretson, 5216 Taylor Street, asked if the apartment owner was to purchase this property if there would be restrictions � FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1989 PAGE 4 on haw this parcel was used. She stated her concern was if it would be used for parking. Ms. Dacy stated the Planning Commission has recommended that parking not be allowed on this parcel. No other persons in the audience spoke regarding this proposed sale of excess property. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:07 p.m. Councilman Billings stated staff has reparted that the apartment owner felt he had purchased this parcel when he purchased the apartment complex and were shocked to find out he have not been paying property taxes on it all these years. Councilman Billings stated he would like staff to check with the Assessor's Office to determine the value of the property and the approximate amount of real estate taxes that would have been paid on this parcel if the City had not acquired it. � Councilman Billings stated he thought the apartment owner would be here this evening and is a little shocked over his lack of concern. He stated he would like staff to send a letter to the owner of the apartment complex to determine his true intentions. MOTION by Councilman Billings to table this item for further information from staff. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' OLD BUSINESS: 2. CON5IDERATION OF A SPECIAL USE PERMIT, SP #89-09, TO ALLOW COMMERCIAL RETAIL. WITH A MOTOR FUEL STATION/CAR WASH, ON TRACT A, REGISTERED LAND SURVEY N0. 78, THE SAME BEING 7295 UNIVERSITY AVENUE N.E.. BY PHILLIPS 66: Mr. Herrick, City Attorney, stated one of the questions asked by Councilman Billings at the last Council meeting was if the area under the canopy should be considered as square footage of the building. He stated he submitted an opinion that because of the wording of the definition of a building, the area under the canopy should not be included. Mr. Herrick stated he further indicated that the special use permit that is before the Council requestinq 400 square feet of retail sales space in an 844 square foot building does not meet the requirements of the ordinance. FRIDLEY CITY COUNCIL MEETINQ OF JULY 10. 1989 PAGE 5 � Mr. Herrick stated after he submitted his opinion, he received a memorandum from Phillips 66's attorneys summarizing their position. He stated there is no disagreement that the applicant is entitled to a permit for a service station. He stated, however, because this property is zoned M-2, it is his opinion that a special use permit is necessary for retail sales of non-automotive products. He stated there may be some disagreement with this issue. Mr. Herrick stated the question before the Council this evening is if a special use permit should be granted £or the retail sales and iP this proposal meets the requirements of the Zoning Ordinance. Mayor Nee asked if the car wash question was part of the special use permit. Mr. Herrick stated he has indicated the car wash was not eligible to be constructed on this site and he has not changed his opinion. He stated it is not part of this special use permit before the Council at this time. Mr. Gangrud, attorney for Phillips 66, presented a short video of a similar facility in Burnsville. It was pointed out on a site plan where various areas such as cash register counters, coolers, � shelving, etc. would be located. Mr. Gangrud stated in their memorandum in support of their application for the special use permit, it is sugqested that no special use permit is even necessary. He stated, however, they did not want to get to that issue this evening. Mr. Gangrud stated he believed the special use permit application can be approved subject to meeting the 30% requirement of the ordinance. Mr. Gangrud stated several months ago, they applied for a building permit and were told a special use permit was needed for retail. He stated the City Sta££ counted the canopy as part of the building and the application was for 400 square feet of retail and was not an issue when the applioation was filed. He stated it is their position that there is only 118 square feet of retail in their facility. Mr. Gangrud stated that retail floor area is not defined in the City's coda and a concept is needed and logic applied to it. He stated their logic is that retail is the additional space that is needed for the variety of convenience items. He stated this floor area is less than the traditional Phillips 66 service stations with service bays and no convenience items. Mr. Gangrud stated their 118.5 square feet is the additional space devoted to convenience items over and above the traditional space of a Phillips 66 ' station. He stated this 118 square feet takes into consideration oils and additives relating to automotive uses. FRIDLEY CITY COUNCIL MEETING OF JULX 10, 1989 PAGE 6 1 Mr. Gangrud asked the Council to approve this special use permit conditional upon their meeting the requirements of the ordinance for the maximum gross floor area. He stated they can comply with the ordinance and feel their retail spaoe in this building is 118 square feet or 14� of that building. Mr. Allison, representing Phillips 66, stated in figuring the square footage, they counted the area in front of the cashier booth, trash disposal area, area where the cooler doors open, petroleum products area, and other shelving areas. He stated they did not count the floor because that space is utilized for people to come into the station to pay for their gas. He stated in £iguring the square footage, they distinguished areas that were separate from the service station. He stated the City has made a distinction between retail and gas stations. Mr. Gangrud stated he felt there is a lack of definition in defining retail areas. He stated it remains a fact that seven percent of the sales of this business are in the 118 square feet area and Phillips 66 is in the business of selling gas. He stated their argument is based on a recent case regarding the necessity of the special use permit. Mr. Gangrud stated he believes they cannot convince the Council � that the retail space is 118 square feet anymore than the Council can convinoe them that it is 400 square feet. Ms. Dacy stated the 400 square foot figure was written on the application submitted by Phillips 66 and the question on whether the canopy should be considered in determining the square footage did not come up until just prior to the Planning Commission Meeting. Mr. Herrick stated the Southland Corporation case to which Mr. Gangrud is referring is a different issue. He stated that issue was whether a Seven-Eleven Store, together with self-service gas pumps, was to be considered a service station under the terms of some restrictions that the Minneapolis Housing Authority had placed on the land. He stated this is not the question here. He stated no one is debating if this is a service station. Mr. Herrick stated the more appropriate question here is whether a service station is authorized, because of the fact that it is a service station, to sell retail products other than automotive products. Mr. Herrick stated on Page 4 in the memorandum presented by Phillips 66 is the City's definition of a service station. He felt those words define and limit the essential services. He felt this definition does not refer to selling milk, bread, etc, but refers to other essential services related to the operation of ' vehicles. 1 � FRZDLEY CITY COUNCIL MESTING OF JULY 10, 1989 PAGE 7 Mr. Gangrud felt they should be given some consideration for the space they would be using if they were just selling gas and not to totally exalude it. Councilman Billings asked if public restrooms would be provided in this facility. Mr. Allison stated the restrooms were located at the car wash structure. Councilman Billings asked where the restrooms would be located if the car wash is not allowed. Mr. Gangrud stated they would be added to this service station facility. Mr. Allison stated plans are to include public restrooms with the service station as it is part o£ their service to the customer. Councilman Billings stated one of the concerns of the neighborhood was the 24 hour operation of this station. He stated this could have some detrimental affects in terms of lights, traffic, etc. He stated the Council has, in the past, placed certain stipulations on special use permits and has limited hours of operation. He asked a response from representatives of Phillips 66 if there was a stipulation regarding hours of operation. Mr. Gangrud stated Phillips 66 knows this is a concern, however, they have taken this into consideration in their lighting and landscaping, and felt a 24 hour operation is essential. Councilwoman Jorgenson asked if they have bullet proof glass in their service stations to which Mr. Allison answered in the affirmative. Councilwoman Jorgenson asked if they install this glass because they feel there may be some criminal element involved. Mr. Allison stated they feel they should take precautions for something that may or may not happen to protect their employees and the public. Councilman Billings asked if Phillips 66 would be complying with the new government regulations requiring ground water monitoring devices, as well as a general liability policy. He stated he is very concerned as this station would be located very close to Rice Creek which empties into the Mississippi River and is a source of water for many communities. ' Mr. Filippi, North Star Consultants, stated two monitoring devices would be installed and there would be procedures to audit tank FRIDLEY CITY COIINCIL MEETING OF JULY 10. 1989 PAGE 8 � volumes. He stated they would be complyinq witih recent Federal legislation in this regard. Councilman Billings stated it is no secret that this type of facility is probably the least desirable to him and the neighbors for that parcel of property. He stated, however, it seems reasonable to assume that if Phillips 66 really desires a station at this location, they may pursue this qoal. Councilman Billings stated he agrees with Mr. Gangrud that he cannot be convinced that there is only 118 square feet of retail space. He stated, for example, he would consider the entire cooler, and not just a portion, as part of the retail. Councilman Billings stated when he moved to table this item at the last Council meeting, Phillips 66 stated the item had been delayed two weeks, but would like the record to show that it was postponed at the request of Phillips 66 in order for them to have a neighborhood meeting. He stated they decided not to have a meeting with the neighborhood. Councilman Billings stated he would not feel comfortable with a motion to approve this subject to Phillips 66 working out the retail area with staff. He felt the 118 square feet was arbitrary ' and could not be substantiated with fact. He felt they have not been able to show they can meet the floor area requirement which should not exceed 30� of the building's total floor area. He stated he would be willing to table for two weeks fox Phillips 66 to work with staff on the square footage and hours of operation so that it has a lesser impact on the surrounding neighborhood. Mr. Gangrud stated he wanted to make it clear that a neighborhood meeting was scheduled, however, the residents requested Mr. Allison not attend. Ms. Tangren, 7368 Symphony Street, stated the residents were contacted by Phillips 66 and they did not say they would refuse to meet with them, but Phillips 66 was told the residents did not want to meet with them at this time. Mr. Gangrud stated he has no problem workinq with staff, but did not feel they are in a position to bargain square footage versus hours of operation. Councilman Billings stated the hours of operation could be a contingency placed on the special use permit. He felt it does not have any direct correlation to the square footage. Mr. Gangrud stated he knows anything less than a 24 hour operation 1 would not be acceptable with Phillips 66. � � FRIDLEY CITY COUNCIL M&ETING OF JULX 10. 1989 PAGE 9 Councilman Billings stated the Council can take action this evening or continue the item for a possible resolution. Mr. Gangrud stated he would request the Council take action this evening on the special use permit request. MoTION by Councilman Billings to deny Special Use Permit, SP #$9- 09. Seconded by Councilwoman Jorgenson. Councilman Billings stated he has moved for denial for one reason the maximum gross :s shall not exceed ad this application stated Phillips 66 be altered to meet want to meet with no alternative but meet the criteria only and that is the Zoning Code requires that floor area occupied by such uses for retail sal 30� o£ the building's total floor area. He stat is for 400 square feet. Councilman Billings representatives stated the square footage could this requirement, but indicated they did not staff to resolve this issue. He stated he has to deny the request on the basis they do not outlined in the Zoning Ordinance. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 926 PROVIDING FOR TRANSFER OF TITLE OF THE FRIDLEY PLAZA PARKING RAMP LAND: MOTION by Counoilman Fitzpatrick to waive the second reading and adopt Ordinance No. 926 on second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVING THE MINUTES OF THE PLANNSNG COMMISSION MEETING OF JUNE 21, 1989: A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-10, TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EOUIPMENT ON OUTLOT 1, BLOCK 1. FRIDLEY INDUSTRIAL PARK PLAT l, ANOKA COUNTY, MINNESOTA, TOGETHER WITH THE 230RTH HALF OF THE SOUTHEAST OUARTER OF SECTION 11, TOWNSHIP 30. RANGE 24, ANOKA COUNTY, MINNESOTA; EXCEPTING THE WEST 675 FEET THEREOF; INCLUDING THAT PORTION OF ABLE STREET VACATED OR TO BE VACATED INCLUDED IN SAID NORTH HALF OF THE SOUTHEAST OUARTER, GENERALLY LOCATED AT 1090 73RD AVEN[JE N.E., BY TARGET STORES, INC.: AND RESOLUTION NO. 58-1989 APPROVING A FINAL PLAT. P.S. #87-05, TARGET NORTHERN DI5TRIBUTION CENTER ADDITION: Ms. Dacy, Planning Coordinator, stated this special use permit is to allow exterior storage of materials and equipment on Lots 1, � Block 1, Fridley Industrial Park Plat 1 at 1090 73rd Avenue. She stated the exterior storage is necessary for the use of the site as a major warehouse and shipping facility. Ms. Dacy stated trucks FRIDLEY CITY COIINCIL MEETING OF JULY lU, 1989 PAGE 1Q � and trailers will be parked temporarily, and sometimes overnight and pallet storaqe is proposed in the parking area in front of the building. Ms. Dacy s�ated the site is in an M-2, Heavy Industrial Distriat. She stated a preliminary landscaping plan has been submitted which addresses some of the points discussed in the preliminary plat process. Ms. Dacy stated one of the concerns related to direct sight lines into the storage area, and that there will be a planting area at the end of the service entrance drive which is located directly across from Jackson Street. She stated tall evergreens will be planted in this area. Ms. Dacy stated landscaping will also be installed to screen the storage area from the proposed bikeway link to Locke Park and along Hiqhway 65. Ms. Bacy stated the Army Corps. of Engineers has required construction of additional ponding on the east side of Able Street. Ms. Dacy stated the Planning Commission recommended approval of this special use permit with two stipulations regarfling the time and type of planting materials. � Mr. Dowd, representing Target Stores, stated he has no problem with the two stipulations. MOTION by Councilman Billings to grant Special Use Permit, SP #89- 10 with the following stipulations: (1) No evergreens shall be planted after November 1 of any planting season; and (2) All plant materials used in the upland herbaceous, tall meadow, short meadow, emegent mudfalt, broad leaf marsh, and floating categories shall be native to Central Minnesota. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy stated staff is recommendinq approval of the final plat by adoption of this resolution with the four stipulations attached as Exhibit A. She stated the Planning Commission has recommended approval subject to a number of stipulations. She stated that some of there stipulations have been complied with, and have already been removed from the resolution MOTION by Councilman Billings to adopt Resolution No. 58-1989, Approving Final Plat, P. S. #87-05, Target Northern Distribution Center Addition, with the four stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � x �� FRIDLEY CITY COONCIL MEETING OF JULY 10, 1989 PAGE 11 � B. CONSIDERATION OF SETTING A PUBLIC HEARING ON REZONING, ZOA #89-03, TO REZONE LOT 2, AUDITOR'S SUBDIVISION NO. 89 FROM M-1, LIGHT INDUSTRIAL AND R-3, GENERAL MULTIPLE DWELLING, TO C-2. GENERAL BUSINESS, GENERALLY LOCATED AT 7197 HIGHWAY 65 N.E., BY TED HAINES: MOTION by Councilwoman Jorgenson to set the public hearing £or this rezoning on July 24, 1989. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF A REOUEST TO MODIFY M-1, LIGHT INDUSTRIAL DISTRICT, TO ALLOW CHURCHES: Ms. Daoy, Planning Coordinator, stated Steiner Development, Inc., owner of the University Business Center at 8000 University Avenue, has requested a church be permitted to occupy space in their building. She stated the property is zoned M-1 which does not permit churches as either a permitted or a special use. Ms. Dacy stated Steiner Development has requested the City consider amending the Zoning Ordinance to parmit churches as a special use within an industrial district. She stated the Planning Commission � has recommended the Council not consider an ordinance amendment as they felt to include churches in an industrial district would be contrary to the intent of the district to provide areas for light industrial uses. Ms. Dacy stated the Planning Commission requested s�aff evaluate if this site could be rezoned. She stated the majority of the uses in the building are industrial in nature. She stated the building was constructed and parking spaces provided for industrial uses so rezoning to commercial is not an option. Ms. Dacy stated since the Planning Commission meeting, the petitioner has submitted a letter from their Consulting Planners, Dahlgren, Shardlow and Uban, Inc., outlining conditions or guidelines that could be used in determining the appropriate special use permit process to allow a worship facility in an M-1 zone. Ms. Dacy stated staff still maintains its original recommendation that the M-1 district not be amended to allow churches as it will result in loss of industrial uses that may be located only in designated areas of the City. Mr. John Uban, Vice President of Dahlgren, Shardlow, and Uban, Inc., stated his consulting planners firm was representing Steiner � Development, Inc. in their request to allow churches in an industrial distzict. FRIDLEY CITY COUNCIL MEETING OF JIILY 10, 1989 PAGE 12 � Mr. Uban stated this area along Highway 47 and University Avenue is heavily traveled and, basically, commercial. He stated it is hard to determine what is commercial and what is industrial. He stated it does not have the appearance of an industrial park and churches are attracted to this type of development. Mr. Uban stated churches are located at the heart of activity and to say they belong only in residential areas is not the case. He stated they are interested in ease of access and attractiveness. Mr. Uban stated Northland Church Alive International has about 80 members and wish to grow. He stated they are looking for space to lease in order to begin their growth. He stated the use of this space would be temporary. Mr. Uban stated he felt it was important to create an avenue for churches to start and allow them to build. Mr. Uban stated they would be willing to abide by any conditions imposed by the Council. He £elt the location o£ the church in an industrial area is a good use, as parking is available, and the times they meet do not conflict with the normal hours of operation of the businesses located in an industrial area. He felt these parking lots should be used, rather than build more parkinq lots in a residential area. ' Ms. Dacy stated the past policy was churches could be located in any zone and the Zoninq Code was amended to allow churches only in residential zones with a special use permit. Mayor Nee stated he could see where churches probably should not be located in an industrial zone, but questioned the rationale for not allowing them in other zoning districts. Ms. Dacy stated neighboring cities have found churches were occupying land that could be better utilized for industrial purposes. She stated if the community has a policy of establishing a certain amount of tax base, eaquate areas need to be provided for industrial and commercial uses. Ms. Dacy stated even as a tenant, the church could petition the State of Minnesota for a tax exemption and it could be the State's decision on whether to permit that exemption. Mr. Uban stated the City of Minnetonka leases industrial space for a church and has found it works well. He stated there is no loss of tax base and they would be willing to make sure no taxes would be lost. Mayor Nee stated if the ordinance is changed, it would open up the entire M-1 districts for church uses. � Mr. Uban stated the conditions and guidelines they submitted would eliminate most M-1 districts as they would have a front on a main FRIDLEY CITY COUNCIL MEETIN� OF JULY 10, 1969 PAGE 13 � arterial and be built attractively. He felt there were enough conditions that would control where churches could be located in these industrial districts. Councilman Billings stated his first instinct is he does not see anything wronq with it. He stated, however, there are a number of issues to be considered and if there is a need for making a change. He stated there is also the question if this use is allowable under the amendment to the industrial district which was made in 1987, which permits commercial uses within multi-tenant buildings. Councilman Billings stated there are a number of issues he would like staff to address including an opinion from the City Attorney if they can maintain their tax base, if churches were allowed in an industrial district. He did not feel, however, this should be the sole deciding factor on whether or not churches should be allowed in an industrial district. He stated he would like staff to review the pros and cons and submit this to the Planning Commission as soon as possible for their review. He stated he was willing to make a commitmen� to review this request from Steiner Development, Inc. Mr. David Kordonowy, Steiner Development, Inc., stated one of their tenants in an industrial building in Minnetonka is a church ' organization. He stated they have their fellowship on Wednesday evenings and services on Sunday which does not conflict with the hours of other businesses located in the industrial center and the arrangement has worked well. He stated they have not received any waiver of their taxes due to this church being located at this site. Councilwoman Jorgenson questioned if condition No. 9, as outlined in Mr. Uban's letter, could be imposed as it states that "no funerals, weddings, ar other major religious events would be allowed during normal business hours". Mr. Herrick stated this would have to be reviewed along with the other conditions suggested by Mr. Uban. Mr. Herrick asked if the Council was considering allowing churches only in existing industrial buildings or would they allow churches to buy vacant industrial land and build churches. Ms. Dacy stated the intent of the petitioner's request is the Council to pass an ordinance that churches be located in an industrial district as only part of a multi-tenant buildinq. Mayor Nee stated the arguments are quite convincing to allow this use, however, he would certainly want to have the Planning ' Commission review this further. He stated the whole question of limiting churches to residential zones concerns him. FRIDLBY CITY COUNCIL MEETING OF JULY 10. 1989 PAG$ 14 � MOTION by Councilman Billings to table and request staff to study this question further reviewing the pros and cons and submission to the Planning Commission for recommendation as soon as possible. Seconded by Councilman Fitzpatrick. Ms. Dacy stated Mr. Uban's letter could be presented to the Planning Commission and a follow-up on some of the other issues when this matter was first discussed. She stated it could be submitted to the Commission at their August meeting and to the Council at their August 28 meeting. Councilman Billings felt it should be done as soon as possible and reviewed by the City Attorney. He stated he appreciated the information submitted by Mr. Uban and this will probably serve as a good nucleus for the presentation to the Planning Commission. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. D. RESOLUTION NO. 59-1989 AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1989-90 FEDERAL CDBG FUNDS FOR HUMAN SERVICES ORGANIZATIONS: Mr. Barg, Planning Assistant, stated the Human Resources Commission ' reviewed the applications received for Community Development Block Grant Funds. He stated 14 applications were received which totaled $53,124. Mr. Barg stated the Human Resources Commission held a special meeting to review these applications and receive input from those who submitted applications for funding. He stated the Commission could only recommend funding about 65% of the total requests since only $34,068 is available. Mr. Barg stated the Planning Commission reviewed and approved the Human Resources Commission's recommendation for distribution of these CDBG Funds with no recommended changes. He requested the Council consider this recommendation and also adopt a resolution for the City to enter into contracts with the reoipients of these funds. Mr. Roger Blohm, Vice President of the North Suburban Consumer Advocates £or the Handicapped, stated he was asked by Jesse Ellingsworth to speak to the Council regarding their request for funding, as Mr. Ellingsworth recently had surgery and could not attend the meeting. Mr. Blohm stated the North Suburban Consumer Advocates £or the Handicapped (NSCAH) requested $1,500 of the CDBG Funds which was ' not approved by the Human Resources Commission. He asked that the Council reconsider their request. Mr. Blohm stated it is possible that at least $500 may be needed in order for them to complete � � � L _� FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1989 PAGE 15 their Accessibility Guide. He stated the other $1,000 was to purchase a computer for the Islands of Peace Office of NSCAH. He stated they would furnish invoices to show where the funds were spent. He stated this year they are experiencing a difficult time in obtaining qrants. Ms. Sherek, Chairman of the Auman Resources Commission, stated there was a contingency in the NSCAH's application stating they may need these funds for printing the Accessibility Guide. She stated this process has been going on for three months, but the NSCAH do not know what they need for printing costs. She stated the Commission felt they could not reserve funds for a contingency. Ms. Sherek stated in 1988, the NSCAH also requested funding for a word processor. She stated, at that time, they were asked to attempt to find one from another source and felt no efforts were made in that direction. Ms. Sherek stated it was felt there was no clear plan on what was to be done with this word processor and, therefore, did not £all within the top priorities for this funding. Ms. Elaine Vangerud, Supervisor of Outreach for ACCAP, stated she appreciated the Council's support and was very sorry that Nancy Jorgenson would be leaving as the Senior Outreach Worker. She stated she hoped they can replace her with someone who will do as good a job as she has done. Councilman Billings stated he would like to commend the Human Resources Commission for a very fine job. He stated he knows a lot of time and effort goes into reviewing these applications. He stated with requests of over $53,000 and only $34,000 available, it is not possible to approve all the funding requested. MOTION by Councilman Billings to approve the recommendation submitted by the Human Resources Commission for the distribution of the 1989-90 CDBG Funds. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend the Human Resources Commission recommendation by appropriating $4,034 for Family Life Mental Health Center and $4,034 for the North Suburban Counseling Center, and $1,000 for the North Suburban Consumer Advocates for the Handicapped. Seconded by Councilwoman Jorgenson. UPON A VOICE VOTE TAKEN ON TiiE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Blohm thanked the Council for their consideration. MOTION by Councilman Billings to adopt Resolution No. 59-1989 with the following amendments: North Suburban Consumer Advocates for the Handicapped, $1,000 for the purpose of printing and the Accessibility Guide and/or computer purposes; Family Life Mental Health Center, $4,034; and NoTth Suburban Counseling Center, $4,034. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JIILY S0. 1989 PAGE 16 � The Council received the minutes of the Planning Commission meeting of June 21, 1989. 5. ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 13, 1989• A. CONSIDERATION OF A VARIANCE, VAR #89-10, TO REDUCE THE REAR YARD SETBACK FROM 34 FEET TO 18 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE ON LOT 1, BLOCK 2, SYLVAN HILLS PLAT 4, THE SAME BEING 288 MERCURY DRIVE N.E., BY DUANE JORGENSON: Ms. Dacy, Planning Coordinator, stated this is a request for a variance to reduce the rear yard setback from 34 to 18 feet to allow the expansion of an existing garage at 288 Mercury Drive. She stated the Appeals Commission has recommended approval of this variance. Ms. Dacy stated staff would recommend denial of the variance because it would reduce the rear yard setback by half and there is another alternative to add on to the front which would not require a variance. She stated Mr. Jorgenson could not be present this evening and his neighbor will speak on his behalf. � Mr. Herrmann, 278 Mercury Drive, stated he has a letter from the neighbors to the south of Mr. Jorgenson, the McPhillip's, who felt this variance would enhance the neighborhood. The McPhillips felt they would like this addition, rather than having a detached building. MOTION by Councilman Fitzpatrick to receive the letter from the McPhillips in favor of this variance. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy stated the other alternative is to construct a detached building or add onto the front of the existing garage. Councilwoman Jorgenson stated she would consider where Mr. Jorgenson is planning his expansion as a side yard rather than a front yard. Mayor Nee stated the whole presentation o£ the house is University Avenue even though the address is Mercury prive. Ms. Dacy stated the petitioner intends to store a boat and other equipment so she felt the driveway would have to be widened in order to gain access. MOTION by Councilman Billings to grant Variance, VAR #89-10, with the stipulation that the appropriate hard surface driveway be constructed in conjunction with the addition. Seconded by � � � FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1969 PAGE 17 Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. B. CONSIDERATION OF A VARIANCE. VAR #89-09, TO REDUCE THE REAH YARD SETBACK FROM 29.8 FEET TO 7 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE ON LOT 12. BLOCK 4, BROOKVIEW TERRACE 2ND ADDITION, THE SAME BEING 999 OVERTON DRIVE N.E., BY ROBERT AND DONNA TOMCZAK: Ms. Dacy, Planning Coordinator, stated this is a request to reduce the rear yard setback from 29.8 feet to 7 feet to allow the expansion of an existing garage at 999 Overton Drive. She stated in 1961, when the home was constructed on this corner lot, the 35 foot front yard setback was observed on both street frontages. Ms. Dacy stated in 1965, the existing garage was constructed in the required rear yard setback of 29 feet. She stated, apparently, an interpretation was made that the garage was in the side yard. Ms. Dacy stated in 1976, the Commission denied a variance to place a pool and fence in the front yard abutting 68th Avenue. She stated the front yard, as defined by the code, is in reality functioning as a side yard since the access and orientation of the house is toward Overton Street, the defined side yard. She stated, consequently, the defined rear yard is in fact functioning as a side yard. Ms. Dacy stated the Appeals Commission recommended approval of the variance and staff concurs the variance is warranted as everything abutting the structure is functioning towards Overton Drive. She stated the Appeals Commission recommended that future accessory buildings shall be limited to a maximum of 100 square feet in size. Mr. Tomczak, the petitioner, stated he needs more room and would like to add on to the garage and re-landscape. MOTION by Councilman Billings to grant Variance, VAR #89-09, with the stipulation that future accessory buildings shall be limited to a maximum of 100 square feet in size. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF AN EXTENSION OF VARIANCE APPROVAL FOR TWIN CITY FEDERAL, VAR #88-09, 5205 CENTRAL AVENUE N.E.: Councilman Billings stated Twin City Federal came in a year ago because they wanted to do some expansion at their Fridley facility. He stated it appears that the people from Skywood Mall and their attorney have no desire to proceed to get these things accomplished. MOTION by Councilman Billings to extend approval of Variance, VAR #$$-09, for one year. Seconded by Councilwoman Jorgenson. IIpon FRIDLEY CITY COUNCIL MEETING OF JULY 10. 1989 PAGE 18 � a voice vote, a�l voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated when Twin City Federal applied for the variances, it was found that the owners of Skywood had some prior obligations to the City which they had not fulfilled. He stated if they have not done what was promised, he is prepared to move to rescind their certificates of occupancy and licenses in order to get their attention. He stated the owners of Skywood Mall are not fulfilling their obligations and creating a hardship, as Twin City Federal cannot proceed with their expansion which would alleviate some of the traffic problems in the area. Ms. Dacy stated some of the outstanding items are enclosure of the trash compactor, aompletion of the parking lot, and landscaping. Councilwoman Jorgenson stated the handicapped parking is definitely lacking at the Skywood Mall, as these parking spaces are very limited. Mr. Herrick, City Attorney, stated from the letter from Briggs and Morgan dated June 16, 1989, it appears Skywood Mall is in some bankruptcy or receivership. He stated he did not know to what extent that complicates matters. He stated in the second paragraph � of the letter, there is some indication the attorney is not going to do anything until he qets the approval of the owners of Skywood and the receivership appointed by the court, Towle Company, and then also makes reference to the City. He stated it looks like the City would be dealing with a number of different people and this may be part of the problem. He stated it may be that the owners of the property, if they are in receivership, do not have authority to do anything. Councilman Billings stated someone has authority to colleat the rents but, apparently, there is no mechanism for anything else that needs to be done. He stated he would request staff, in conjunction with the City Attorney, to send a letter to someone with the authority to get these things accomplished. He stated he would like to see some positive steps taken with Twin City Federal. 7. RECEIVING PETITION NO. 10-1989 FROM DAHL & ASSOCIATES. INC. TO IN5TALL MONITORING WELL ON CITY PROPERTY NEAR THE JET STATION, 7600 UNIVERSITY AVENUE I3.E.: Mr. Flora, Public Works Director, stated Dahl & Associates, Inc. has petitioned the City to allow the installation of a monitoring well on City property near the Jet Station at 7600 University Avenue. He stated staff would recommend the Council receive the petition and approve the placement of a monitoring well in the � boulevard with the condition that the City be held harmless and be provided with cogies of the reports on this monitoring. e� � FRIaLEY CITY COUNCIL MEETING OF JULY 10. 1989 PAGS 19 MOTION by Councilwoman Jorgenson to receive Petition No. 1D-1989 and approve the placement of a monitoring well in the boulevard, subject to the condition that the City be held harmless and provided with copies of the monitoring study for the City's records. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF CHANGE ORDER NO. 6 FOR STREET IMPROVEMENT PROJECT N0. ST. 1988 - 1& 2: Mr. Flora, Public Works Director, stated this change order is to install an irrigation controller and appurtenances to the irrigation system along East Moore Lake Drive. He stated it was originally intended the system for the boulevard irrigation would be connected to the irrigation system for the new shopping center and health club. He stated as the private irrigation system will not be in operation for several weeks and cannot service the northern side of the road very well, the HRA Executive Director has concurred with the recommendation that a separate controller be installed for the public portion of the irrigation system. Mr. Flora stated the HRA will be paying for this installation. MaTION by Councilman Fitzpatrick to approve Change Order No. 6 for Street Improvement Project No. ST. 1988 - 1& 2 in the amount of � $2,500.00. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVING BIDS AND AWARDING LANDSCAPING PROJECT FOR THE MUNICIPAL CENTER AND RAMP: Mr. Flora, Public Works director, stated the City re-advertised for bids for the landscaping for the Municipal Center and ramp and two bids were received. MOTION by Councilman Fitzpatrick to receive the following bids for the landscaping project for the Municipal Center and ramp: Seefert-Hines Lino Lakes Landscaping Total $48,481 $48,818 Alt. 1 $6,071 $5,600 Alt. 2 $1,580 $1,800 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated the low bidder was Seefert-Hines and it is recommended that the bid be awarded to them with Alternates 1 and 2. � MOTION by Councilman Fitzpatrick to award the bid for the landscaping project for the Municipal Center and ramp to the low ., � � FRIDLEY CITY COUNCIL MEETING OF JOLY S0. 1989 PAGE 20 bidder, Seefert-Hines in the amount of $48,481 plus $6,071 for Alternate 1 and $1,580 for Alternate 2 for a total of $56,132. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1D. RECEIVING BIDS AND AWARDING SIGNAGE PROJECT FOR THE MUNICIPAL CENTER AND RAMP• Mr. Flora, Public Works Director stated the City re-advertised for bids for the signage for the Municipal Center and ramp and three bids were received. MOTION by Councilwoman Jorgenson to receive the following bids for the signage for the Municipal Center and ramp: Nordquist Sign Company Lawrence Sign Company Leroy Siqns $28,350 $29,054 $37,769 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated the low bidder was Nordquist Sign Company and recommended the bid be awarded to them for $28,35�. MOTION by Councilwoman Jorgenson to award the bid for signage for the Municipal Center and ramp to the low bidder, Nordquist Sign Company in the amount of $28,350. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION N0. 60-1989 TO ADVERTISE FOR BIDS FOR THE MUNICIPAL CENTER MECHANICALLY ASSISTED CENTRAL FILE SYSTEM: Ms. Haapala, City Clerk, stated the central file system is part of the remodeling project. She stated this system would eliminate duplicate files and merge similar files, as well as eliminate files that are no longer needed. MOTION by Councilman Fitzpatrick to adopt Resolution No. 60-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF A RESOLUTION AUTHORIZING AMENDMENT OF A JOINT POWERS AGREEMENT TO FORM A COALITION OE METROPOLITAN COMMUNITTES TO PROVIDE FOR A CHANGE IN NAME: ' Councilman Billinqs questioned the changes in some minor non- substantative language. FRIDLEY CITY COIINCIL MEETING OF JULY 10. 1989 PAGE 21 ' Mr. Burns, City Manager, felt perhaps this should be tabled for further review and clarification of these changes. MoTION by Councilman Billings to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY ADDING CHAPTER 513: REGULATION OF SKATEBOARDS, ROLLERSKIS, ROLLERSKATES, AND ROLLERBLADES: Mr. Hill, Public Safety Director, stated there has been an increasing concern on the part of employees, as well as residents, regarding skateboards in the plaza. He stated there was also concern about their use on the tennis courts. Mr. Hill stated because of the potential liability to the City, Mr. Hunt has been working with the City's insurance carriers on this issue. He stated there is quite a concern among those entities, as well as the City Attorney's and Prosecutor's offices. He stated he has received several calls from residents which perceive these skateboards to be a threat to public safety and users of the Municipal Center. � Mr. Hill stated this ordinance is presented for the Council's consideration which would, hopefully, control the utilization of skateboards, rollerskis, rollerskates and rollerblades in the City. He stated the proposed ordinance has been reviewed by the City Attorney's office and is modeled after several other cities' ordinances. He stated he did not feel it is as restrictive as other cities, but there is a need to provide for the public safety. Mr. Hill stated the use of these items on streets was not excluded, as long as they comply with the same requirements as outlined for bicycles. He outlined the circumstances where these items would be prohibited. Mr. Hill stated in conferring with North Star Risk Services, Inc., they stated this has become a problem in the State of Minnesota and concurred the primary injuries are head injuries. Mr. Herrick, City Attorney, stated this proposed ordinance was reviewed by his office. He stated the first draft would have prohibited the use of these items on sidewalks and that has been removed. Mr. Hill stated in reviewing the State statute, it does allow bicycles to operate on sidewalks, as long as there is no local ordinance to prohibit it. He stated since this is related to the � regulations of bicycles, it was felt it should not be any more restrictive than necessary. .� e L{ ' �J FRIDLEY CITY COUNCIL MEETINC OF JULY 10, 1989 PAGE 22 MOTioN by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 61-1989 AUTHORIZING AN INCREASE IN COMPENSATION FOR THE CITY MANAGER: MOTION by Councilwoman Jorgenson to adopt Resolution No. 61-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. APPOINTMENT: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: STARTING STARTII3G RE- NAME POSITION SALARY DATE PLAC�S Ravmond Statler Engineering $12.96 July 17, Jerry Technician per hour 1989 Nord- Grade G $2,246.45/ lund (Non-exempt) month) Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously. 16. CLAIMS: MOTION by Councilwoman Jorgenson to authoriae payment of Claims No. 27006 through 27230. Seconded by Counoilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. ESTIMATES� MoTION by Councilwoman Jorgenson to approve the estimates as submitted: Herrick & Newman ' 6401 University Avenue N.E. Suite 205 Fridley, MN 55432 � , ' FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1989 PAGE 23 For services rendered as City Attorney For the month of June 1989 . . . . . . . . . . .$ 6,021.95 HNTB 6700 France Ave Suite 260 Minneapolis, MN So. 55435 Water Distribution System Study Project No. 191 Estimate No. 2 . . . . . . . . . . . . . . . . . $ 2 , 082. 06 C.S. McCrossan, P. O. Box 1240 Maple Grove, MN Inc. 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 4 . . . . . . . . . . . . . . . . . $68,725.99 J. T. Noonan 3601 48th Avenue N. Brooklyn Center, MN 55429 Corridor Maintenance Project No. 190 Estimate No. 3 . . . . . . . . . . . . . . . . . . $ 4, 980.72 Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, MN 55428 Water, Sanitary Sewer & Storm Sewer Project No. 188 Estimate No. 4 . . . . . . . . . . . . . . . . . $ 3,996.65 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 10, 1989 adjourned at 10:47 p.m. Respectfully submitted, I,� � � � �>� Mn�. Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor