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05/04/1992 - 00005484' 1 � 83 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 4. 1992 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. hy Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Sorgenson, Councilman Billings, and Councilman Schneider MEMBERS ABSENT: Councilman Fitzpatrick PRESENTATION OF AWARD: PAUL DAHLBERG, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION: Mayor Nee presented Paul Dahlberg with a Certificate of Appreciation £or his services as a member of the Environmental Quality and Energy Commission from October, 1987 to March, 1992 and the Planning Commission from May, 1988 to December, 1990. He stated that Mr. Dahlberg has contributed a vast amount of professional service to these Commissions and thanked him for his contributions to the City. Mr. Dahlberg thanked the Mayor and members of the Council for this certificate. PRESENTATION OF PROCLAMATIONS: VETERANS' BUDDY POPPY DAY, MAY 8, 1992: Mayor Nee read and issued a proclamation proclaiming May 8, 1992 as Veterans' Buddy Poppy Day and urged the citizens of Fridley to recognize the merits of this cause by contributing to its support through the purchase of Buddy Poppies. Representatives of Fridley VFW Post 363 were present to receive this proclamation and introduced the 1992-93 Buddy Poppy Queen, Marsha Sheffield. PUBLIC WORKS WEEK, MAY 17-23, 1992: Mayor Nee read and issued a proclamation proclaiming May 17-23, 1992 as Public Works Week. He stated that the Council has a special interest in Public Works Week, as personnel of the Public Works Department worked 24 straight hours to cope with the huge 84 FRIDLEY CITY COUNCIL MEETING OF MAY 4. 1992 PAGE 2 � amount of snowfall this past winter. Mayor Nee urged all citizens and civic organizations to acquaint themselves with the problems involved in providing public works services and to recognize the contributions public works personnel make every day to the health, safety and comfort of the citizens. Mr. Flora, Public Works Directox, introduced the new Public Works Superintendent, Mr. Paul Lawrence. He Stated that Mr. Lawrence has an AA degree in business and a BA in public administration from the University of San Francisco and has 29 years of municipal public works experience, including thirteen years as Public Works Director and five years as a City Manager. He stated that Mr. Lawrence has held these positions in Vermont and California. Mr. Flora stated that Mr. Lawrence is married and has four children. Mayor Nee and members of the Council welcomed Mr. Lawrence and presented him with this proclamation. APPROVAL OF MINUTES: BOARD OF REVIEW MEETING, APRIL 20,1992: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, ' all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, APRIL 20, 1992: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee stated that there were a number of people present for Item 3, and requested the agenda be amended to consider this item before Items 1 and 2. MOTION by Councilman Schneider to adopt the agenda with the above amendment. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM VISITORS: STONYBROOK CREEK: Mr. John Dunphy, 155 Stonybrook Way, stated that the runoff in Stonybrook Creek has changed significantly over the last 35 years. He stated that ad7acent areas have been developed and what used to � be a peat bog has been removed and buildings constructed. He stated that the creek used to be clear and the peat bog acted as � �5 FRIDLEY CITY COUNCIL MEETING OF MAY 4 1992 PAGE 3 a sponge in controlling the flow to Stonybrook. He stated that the creek has now become a problem. Mr. Dunphy stated that in 1984 the problem was so bad that it resulted in a decrease of his property values by $5,000. He stated that he spent $3,000 to install a retaining wall and was able to protect his property until last year when there were three heavy rainfalls that damaged his reinforcing wall. Mr. Dunphy stated that the character of the creek has changed from a brook to a storm sewer. He stated that it is fed by the catch basins and runoff from the apartment buildings. Mr. Dunphy stated that he has written to Anoka County complaining that they were directing storm sewer water at this property by extending the culvert. He stated that the reply he received was that they were aware of the problems downstream, but could not accept responsibility for stabilizing the creek bank. He stated that he would like the City and the County to combine their efforts and to straighten out the culvert rather than spending money on ditching. Councilman Schneider asked Mr. Dunphy if he felt residents would be willing to participate in some of the costs. � Mr. Dunphy stated that financially he could not participate, and he felt the developers of the adjacent land have benefitted, but the residents have suffered, and it is the City's and the County's responsibility to resolve this problem. ' Mayor Nee stated that City staff would review this issue. PUBLIC HEARINGS: 3. PUBLIC HEARING ON PRELIMINARY ASSESSMENT ESTIMATE ON STREET IMPROVEMENT PROJECT NO. ST. 1992-2: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open 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 opened at 8:05 p.m. Mr. Flora, Public Warks Director, stated that meetings were held in March with residents regarding this proposal to rebuild and reconstruct certain streets in the City. He stated that the estimated total cost for this pro�ect is $1,240,000, and abutting properties would be assessed foz concrete curb and gutter at an estimated cost of $9.50 per foot. He stated that all other costs for the project will be paid by the City through the Street Fund. Mr. Winson, Assistant Public Works Director, stated that this street improvement project would include grading, stabilized base, 86 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 4 ' hot-mix bituminous mat, concrete curb and gutter, sidewalks, bikeway, storm sewer system, water and sanitary sewer, landscaping and other facilities on several City streets in the City, which he outlined. He stated that many of these streets were built 25 years ago and are in need of upgrading. He stated that all necessary repairs would be covered in this street construction project. He stated that it is proposed to assess the properties for only the concrete curb and gutter which is estimated at $9.50 a foot. He stated that the actual assessment would be determined after the project is completed. He stated that side yards would not be assessed for this project. Mr. Winson stated that three neighborhood meetings were held in March, and all affected property owners were invited to attend. He stated that out of 250 persons affected, 67 attended the meetings. Mr. Winson stated that funds to cover costs which will not be assessed would come from the Street Fund which is used for maintenance of City streets. He stated that about 20 percent of this budget comes from State Aid funds. Councilman Schneider asked the effect if the Council decided not to proceed with this project for several years. ' Mr. Winson stated that the cost would definitely be higher as prices continue to escalate. Mr. Flora stated that monies would also be expended for maintenance and repair, and cities are not sure what funds they would receive from the State in the future. Mr. Flora stated that these streets are at a point now where maintenance is needed, and costs for repair would be increasing as time goes on. Mayor Nee felt that parking on only one side of the street should be addressed. He stated that State standards on a 32-foot wide street requires that parking be allowed on only one side. Mr. Flora stated that some streets have mailboxes and hydrants on one side, and it was felt these should be kept open and parking not allowed on the side of the street where these are located. Mr. Flora stated that if this project was to proceed there would be an assessment hearing in April, 1993, and the property owner would have until October, 1943, to pay the assessment with no interest. He stated that if this is not paid, the assessment would be placed on the tax rolls for a ten-year period at an interest 1 rate of about 7-1/2 percent. 87 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 5 � Ms. Janet Chies, 1530 Rice Creek Road, asked how the residents' yards would be affected. Mr. Flora stated that on Rice Creek Road residents' yards would not be affected, as this street would not be widened. Mr. Brockman, 860 Rice Creek Terrace, stated that he has a tree which is about two feet from the curb and was concerned what would happen if he lost this tree. Mr. Flora stated that if there is a tree located close to the boulevard that section of curb probably would be hand formed in order to protect the tree. Mr. Lester Chies, 1530 Rice Creek Road, asked why the City is concerned with a County road. He stated that the City has enough problems taking care of City streets without going after County roads. Mr. Flora stated that the City has a gentleman's agreement with the County that the City would maintain Rice Creek Road from Stinson to Central. He stated that if the County installed a concrete curb and gutter, the City would pay for it. � Mr. Larry Kantor, 751 68th Avenue, stated that he did not feel 68th Avenue needed to be widened and that the improvement was not necessary. Mr. Nathan Shaw, 925 68th Avenue, submitted a petition signed by 35 people indicating they were not in favor of this project. He stated that he heard a rumor that 68th Avenue would possibly be opened to Highway 65. He wanted to know if the reason for this project was to provide better a�cess to the highway. Councilman Billings stated that the City is working with the Highway Department to install a signal at the existing crossover north of 68th. He stated that the County and State are considering improvements at Highway 65 and Mississippi Street; however, Brookview would still be open to Mississippi Street, but there would be a median on Mississippi Street. He stated that the highway department wants to eliminate all the crossovers and the City is fighting to keep some of them. Mr. Shaw stated that he felt there should be a stop sign on Brookview for those vehicles coming off Rice Creek Terrace. Mayor Nee stated that he would like to take each street involved in this pro7ect and receive any comments from the residents. No one spoke regarding Main, Mississippi, and Gardena Streets. � �s FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 6 � 67th Avenue N.E. - Jefferson Street to Monroe Street: Ms. Donna Shoberg, 600 67th Avenue, stated that one side of their driveway is wider than the other, and she wanted this corrected if this project proceeds. She stated she was in favor of the pro7ect. Ms. Shoberg stated that when Hayes School has an open house vehicles are parked on both sides of 67th Avenue, and she did not know how this would be handled if parking was allowed only on one side of the street. 68th Avenue N.E., Monroe Street to Brookview Drive: Mr. Shaw, 925 68th Avenue, submitted a petition in opposition to this project. He stated that 68th Avenue is not in bad shape, and he was concerned if the street is upgraded it would become like Mississippi Street with manhole covers that are sunk down. Mr. Flora stated that part of the City's cost would be to move the catch basins and complete any major repair to the street and sewer systems so that the street would be smooth. Mr. Shaw stated that he would like a more firm figure on the assessment cost. ' Mr. Flora stated that the contract for the City's miscellaneous concrete curb and gutter project was for $10.50 a foot, and he felt the estimate of $9.50 a£oot would be fairly accurate, as there should be some saving because of the machine used to complete some of this work. Mayor Nee asked if residents would be in favor of the project if the City could guarantee the cost. Mr. Kan�or, 751 68th Avenue, stated that he did not feel the improvement was needed and would not be in favor of it regardless of the cost. MOTION by Councilman Billings to receive Petition No. 3- 1992 in opposition to street improvements on 68th Avenue. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that he has received two communications pertaining to the improvement of 68th Avenue. MOTION by Councilman Billings to receive the two communications in opposition to the improvement of 68th Avenue from a property owner who resides in Paradise Valley, Arizona and owns property on ' 68th Avenue and from Chuck Babcock, 6741 Quincy Street. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � .. FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 7 Mr. Ken Vos, 990 68th Avenue, stated that he originally had signed the petition in opposition to this improvement; however, he stated he walked 68th Avenue, and some of the curbing is melting, and the street is narrow. He stated that he also felt if something was not done this year, he was not sure when it could be done. He stated that he is in favor of the project. He stated that four houses have mailboxes on the street on the south side, so he would be interested in knowing on what side of the street parking would be allowed. Mr. Vos stated that his name has been removed from the petition. Alden Wav, 500 Feet North of 75th Wav to 79th Way: Mayor Nee stated property owners, improvement and record. that communications have been received from two Mr. Newman and Mr. Hill, in opposition to this requested the Council receive these into the MOTION by Councilwoman Jorgenson to receive the communications from Mr. James Hill, 7601 Alden Way and Mr. David Newman, 7635 Alden Way, both dated April 30, 1992, in opposition to the improvement on Alden Way. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Harold Mernin, 7829 Alden Way, stated that he felt the curbs were in good shape. Mr. Flora stated that the street was not selected because of the curbs, but because of the age, as it is at a point where it needs to be repaired. Mr. Mernin asked if State Aid Funds were received for curb and gutters. Mr. Flora stated that State Aid Funds are received for certain streets not for curb and gutters. He stated that these funds have been used for street maintenance. Mr. Mernin stated that he is concerned with the traffic on Alden Way, and he has been wondering if widening the street would advocate more speed and reckless driving. Mayor Nee stated that he felt the experience has been that widening a street does not increase or decrease the speed of vehicles. Councilwoman Jorgenson stated that Ms. Reckdahl, 7823 Alden Way, stated that she would not be able to attend the meeting this evening but indicated she was in favor of this project. Mr. Leroy Anderson, 7581 Alden Way, stated that he was in favor of this project. He stated that he would like a definite 90 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1942 PAGE 8 ' clarification if there are funds available. He asked when the Osborne/East River Road intersection was changed and concrete curb and gutter installed, if residents on Alden Way were assessed. Mr. Flora stated that the residents were assessed for concrete curb and gutter. Mr. Dave Kondrick, 280 Stonybrook Way, stated that his curb is gone, and he had to have it hauled away. He felt that this would be a good improvement for the neighborhood, as it is starting to look bad and should be fixed. Mayor Nee stated it should be noted that Dr. Lapinski, 7680 Alden Way, stated he that was in favor of this pro7ect. A gentleman in the audience asked that the Council respond to Mr. Hill's communication. Mr. Herrick, City Attorney, stated that if he correctly understands the content of the letter, he does not agree with it. He stated that Chapter 429.051 of the State Statute states that the cost of any improvement or any part thereof may be assessed on property benefitted by the improvement whether or not any part of the cost of the improvement is paid from the County State Aid, Highway Fund, � the MSA Fund or the Trunk Highway Fund. He stated that in addition to the statute there is both a Minnesota Supreme Court case and Attorney General's opinion that indicates that the City has the authority to assess a portion of the cost even though it is reimbursed by the funds mentioned. He stated that he does not know of any law to the contrary. Hathaway Lane, Hackman Avenue to Re�s Drive: Councilwoman Jorgenson stated that she understands the residents on Hathaway Lane welcome the improvement. Hillwind Road, 600 Feet South of Lvnde Drive to Matterhorn Drive: Councilwoman Jorgenson stated that she felt the residents on Hillwind Road had mixed feelings regarding this improvement. Mr. Flora stated that several individuals were against this project, but have since changed their mind and indicated they were in favor of the improvement. Rice Creek Road. Central Avenue to Stinson Boulevard: Mr. Jim Ring, 1500 Rice Creek Road, stated that he wished to submit two petitions that he circulated. He stated that the first � petition pertains to funding of State Aid streets. He stated it was felt that the City should reduce the assessment for Rice Creek Road, as it receives State Aid Funds for maintenance of this street. 91 FRIDLEY CITY COUNCIL MEETING OF MAY 4. 1992 PAGE 9 � Mayor Nee asked if there was a reduction in the assessment, if most residents would be in favor. Mr. Ring stated that he felt most residents on Rice Creek Road have large lots, and the as5essment would be quite costly, especially for those on fixed incomes. Councilman Billings asked the cost for the improvemant on Rice Creek Road. Mr. Winson stated that it would be about $120,000. Councilman Billings asked how much of this cost would be assessed to the property owners. Mr. Winson stated that about one-third of the cost of the improvements would be assessed. Mr. Ring stated that when neighborhood meetings were held, he questioned the State Aid funding, and he was told it goes into a General Fund and applied equally to all streets. Mr. Flora stated that Municipal State Aid funding is for the maintenance program. � Mr. Ring stated that State funds are received for this street, and the residents are requesting a larger portion of these funds be used. Councilman Billings stated that the City does not receive MSA funding for Rice Creek Road for maintenance of this street. Mr. Ring stated that the other petition pertains to the center median on itice Creek Road and Central Avenue. He stated that residents have signed a petition to have this median removed. Councilman Schneider stated that the median was installed to impede the flow of traffic in response to concerns of residents on Central Avenue and Rice Creek Road. Mr. Ring stated that it seems the traffic has increased on Rice Creek Road. He stated that there is a large volume of pedestrian traffic on Rice Creek Road, and when you qet to Central Avenue there is no place to walk. Councilwoman Jorgenson stated that the median was to keep the truck traffic coming from the shopping center off Rice Creek Road. Councilman Billings stated if improvements are installed on Rice � Creek Road staff could possibly look into elimination of the median and have the traffic engineers come back with some alternatives. � � 92 FRIDLEY CITY COUNCIL MEETING OF MAY 4. 1992 PAGE 10 MOTION by Councilman Schneider to receive Petition No. 4- 1992 requesting a reduced assessment for construction and maintenance of Rice Creek Road. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to request City staff to study the median at Rice Creek Road and Central Avenue; further, to receive Petition No. 5- 1992 requesting removal of the center median on Rice Creek Road at Central Avenue. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Darrell Cedarholm, 1551 Rice Creek Road, stated that he wished to address the speed and traffic. He stated that he would propose the street be narrowed. Mr. Flora stated that Rice Creek Road is a County road, and based on the traffic that is the designed width. Mr. Cedarholm asked if legally the width of the street could be reduced. Mr. Flora stated that the width of streets are based on traPfic volumes, and Rice Creek Road requires an increased width. Councilman Schneider stated that it may be more of a detriment to improve the road, because if the width was decreased there would be less traffic. Councilman Billings questioned who determines the width of Rice Creek Road since it is a County street. Mr. Flora stated that Anoka County determines the width. Mr. Cedarholm stated that he did not sign the petition to have the median removed. He stated that he would like the amount of traffic reduced on Rice Creek Road. He stated that he has had sewer backups, and if this improvement proceeds, he hoped the sewer connection is replaoed so he will not get any more backups. Rice Creek Terrace: Mr. Darwin Bremer, 840 Rice Creek Terrace, questioned the signage to be used for the "no parking" signs and where they would be located. Mr. Flora stated that the signs would be a circle with a"P" and a red line through it, and it is proposed to put one on each corner � of the block. Mr. Bremer stated that his greatest concern is speeding particularly if the street is widened. � � � � FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 11 Mr. Flora stated that the street is posted for 30 mph, and there is one stop sign on the street. He stated that he would suggest the neighborhood crime watch communicate with each other about driving slower. Mr. Bremer stated that he was in favor of the improvement but was concerned about speeding on the street. Mr. Burns, there is a provided. Mr. Dennis is out for Terrace an City Manager, asked residents to let the City know if lot of speeding, and some extra enforcement would be Olesen, 801 Rice Creek Terrace, stated that when school the summer, there is a lot of traffic on Rice Creek d kids parking and going down to Rice Creek. Mr. Brockman, 860 Rice Creek Terrace, stated that because the blocks are long on Rice Creek Terrace if "no parking" signs are installed at the end of each block, they may not be noticed. He stated that he has no desire to see "no parking" signs up and down the street. He stated that he cannot see why parking needs to be restricted to one side only. Ae stated that the street is currently 30 feet wide and there is a definite problem with speeding. Councilman Billinqs stated that the "no parking" siqns at each end of the block will be the norm; however, in this case due to the distance between corners, it may be necessary to install some mid-block signage. He stated that in regard to the street widening and no parking on one side, the City is attempting to bring the streets up to new standards as dictated by the Highway Department. Councilwoman Jorgenson stated that in designing the streets, the City has to look to the future and the possibility that there may be more traffic on the City streets. Councilman Schneider stated that if the street is kept at the current width it would not meet the requirements for a State Aid street. Mr. Flora stated that the street design has to be wider in order to qualify for State Aid funds and also for safety purposes. He stated that if State Aid funds were used and the street was not designed to these standards, the City could be sued. Mr. Brockman asked if the street was not a State Aid street if it could remain the same width. Mr. Flora stated that streets are designated as State Aid streets based on traffic volume, and the State dictates certain design requirements. � , � 94 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 12 No other persons spoke regarding proposed Street Improvement Project No. ST. 1992-2. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:49 p.m. Councilman Schneider felt the City should proceed with the improvements where there is neighborhood support and indicated he would support these improvements with the exception of the 68th Avenue and Rice Creek Road improvement. Councilwoman Jorgenson stated that she would like to work with the residents on 68th Avenue to determine if the residents were under the impression that 68th Avenue would be a thoroughfare to Highway 65. She stated that the residents on Rice Creek Road were requesting a reduction in the amount of the assessment and hoped that some of these concerns could be worked out with the property owners. She stated that she would be in favor of the improvement for the majority of the streets. Mayor Nee and Councilman Billings stated that they would concur with Councilwoman Jorgenson's comments, Mayor Nee urqed residents who have concerns to contact their Ward Councilmember. Councilman Billings stated that residents may also contact City staff for answers to any of their questions. Councilman Schneider stated he is concerned that the City may be undertaking a very significant project because State funds are available. He felt that things are changing in government and if a project is truly not necessary, funds may be turned back to the State. He stated that where there is a real need to improve the streets, this should be done, but where there is opposition, he was not certain it was good to spend the State funds just because they were allocated. Councilwoman Jorgenson stated that she would agree, and she urged residents to voice their concerns and ask questions. Mayor Nee stated that no one wants to spend money if improvements are not needed. He felt that the residents have an investment in their home and an organized street pattern, curbs, and an attractive boulevard treatment improves the neighborhood. RECESS: Mayor Nee called a recess at 9:56 p.m. ' � � FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 13 RECONVENED• Mayor Nee reconvened the meeting at 10:08 p.m. 1. PUBLIC HEARING ON VACATION REQUEST, SAV #91-04, BY BOB'S PRODiICE RANCH TO VACATE THAT PART OF 77TH AVENUE LYING EASTERLY OF THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 1, BLOCK 1, EAST RANCH ESTATES THIRD ADDITION, ALL AS PLATTED AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, ANOKA COUNTY MINNESOTA. GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open 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 opened at 10:10 p.m. Ms. Dacy, Community Development Director, stated that this request is to vacate a portion of 77th Avenue which directly abuts the subject property. She stated that this portion of 77th Avenue is known as a"paper street" in that it has been dedicated on the plat, but does not exist. She stated that the size of this strip of land is 33 by 118 feet and located in the northwest corner of the proposed redevelopment. Ms. Dacy stated that it is proposed to redevelop this property and add to the existing building and construct a new garden center and greenhouse. She stated that a new private driveway will be constructed to the rear of the building. Ms. Dacy stated that the Planning Commission reviewed this proposal and recommended approval of the vacation. No persons in the audience spoke regarding this proposed vacation. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:14 p.m. 2. PUBLIC HEARING ON REZONING REOUEST, ZOA #91-03, BY BOB'S PRODUCE RANCH. TO REZQNE FROM M-2, HEAVY INDUSTRIAL, TO C-3, GENERAL SHOPPING CENTER ON LOT 1. BLOCK 1, EAST RANCH ESTATES THIRD ADDITION, GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open 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 opened at 10:14 p.m. � � � 96 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 14 Ms. Dacy, Community Development Director, stated that the western portion of Bob's Produce property is zoned heavy industrial, and the remaining property is zoned C-3. She stated this request for rezoning to C-3 is consistent with ad�acent land uses, and the Planning Commission has recommended approval. Councilwoman Jorgenson questioned if the parking in the back would be shared by Bob's Produce and the Lyndale Garden Center, to which Ms. Dacy answered in the affirmative. Councilwoman Jorgenson questioned the location of the door, and Mike Schroer stated that the new door will be on the southeast corner. No other persons spoke regarding this proposed rezoning request. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declazed the motion carried unanimously and the public hearing closed at 10:17 p.m. OLD BUSINESS• 4. APPOINTMENT TO ENVIRONMENTAL QUALITY AND ENERGY COMMISSION (TABLED APRIL 20. 19921: MOTION by Councilman Schneider to nominate Jerry Sherek for appointment to the Environmental Quality and Energy Commission. Councilwoman Jorgenson stated that John Velin was also interested in appointment to this Commission. Councilman Schneider stated that he understands there are several persons who have expressed an interest, and they probably should be invited to attend the Council's Conference Meeting on May 11. COUNCILMAN SCHNEIDER WITHDREW HIS MOTION. MOTION by Councilman Schneider to table this item and direct staff to invite all those who have expressed an interest in this vacancy, Jerry Sherek, John Velin, Sandy Stone, and Suzanne Alvite, to attend the Council'5 Conference Meeting on May 11, 1992 at 7:15 p.m. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. APPROVE AMENDED LEASE AGREEMENT WITH RECYCLE MINNESOTA RESOURCES (TABLED APRIL 20. 1992): MOTION by Councilwoman Jorgenson to approve the addendum to the Lease Agreement with Recycle Minnesota Resources, Inc. Seconded by Councilman Schneider. � � � � 97 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 15 Councilman Billings stated that by extending the lease agreement, Recycle Minnesota Resources will pay for half the cost of the driveway paving. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. APPROVAL OF CHANGE ORDER N0. 5, STREET IMPROVEMENT PROJECT N0. ST. 1991 - 1& 2{TABLED APRIL 20, 19921: MOTION by Councilman Schneider to authorize Change Order No. 5 to Street Improvement Project No. ST. 1991 - 1& 2, with W. B. Miller, Inc. in the amount of $5,237.50. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE PROPOSALS AND AWARD BUILDING CLEANING AND MAINTENANCE CONTRACT (TABLED APRIL 20, 1992): Mr. Flora, Public Works Director, stated that he talked with Lawrenoe Galdonik of Stop and Smell the Roses and Brigette 011endick concerning the number of hours they propose to provide janitorial services to the Municipal Center and Garage. He stated it appears that Ms. 011endick puts in more hours than Stop and Smell the Roses for the same proposal items. Mr. Galdonik, one of the owners of Stop and Smell the Roses, stated that when he spoke with Bob Nordahl of the City staff, the hours of 7.9 and 1.25 were for two persons on the job, so the actual hours would be double this amount or 15.8 and 2.5. Councilman Schneider stated that the City has been pleased with the present contractor, and another important issue is the contractor's contact with the public. Mr. Roger Sawyer, one of the owners of Stop and Smell the Roses, stated that he worked with his parents in their cleaning business and also worked as a caddy where he dealt one-on-one with the public. He stated that he has had many contacts with the public and is confident he can do an excellent job. Mr. Galdonik stated that he has worked at the University of Minnesota Hospital distributing meals and has had a lot of contact with families. He stated that he and Mr. Sawyer are willing to put in the time it takes to maintain the Municipal Center and Garage properly. Councilwoman Jorgenson stated that some cleaning contractors surface clean, others do a more thorough cleaning, and she wanted to make sure the contractor the City hires does a thorough job. �� .• FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 16 Mr. Sawyer stated that they contract with Ramsey County to clean the public library and spend two to four hours a day cleaning. He stated that he and Mr. Galdonik would be the ones responsible for cleaning the Municipal Center and Garage. Councilwoman Jorgenson stated that Stop and Smell the Roses has submitted a little lower bid this year but wondered what could be expected for next year. Mr. Galdonik stated that there may be other employees involved next year; however, the price increase would not be that much. Councilwoman Jorgenson stated that she understands the first year the owners of the company would be cleaning the Municipal Center and Garage but probably the next year they would have otYier employees. Mr. Sawyer stated that their objective is to retain all their customers, and they want to build a strong infrastructure. Councilman Schneider asked if background and reference checks have been done on the prospective contractors. Mr. Burns, City Manager, stated that this has been done, and the reports were excellent. Councilman Billings stated that he realizes these were Requests for Proposals and not actual bids; however, sometimes going down new paths is not as frightful as it appears. He stated that both of these gentlemen were raised in Fridley, and their parents still reside in the community. Councilwoman Jorgenson stated that Ms. 011endick has done a very good job in the past, and Councilwoman Jorgenson feels very comfortable in retaining her. She stated that Ms. 011endick gives her personal attention to the cleaning which she felt was a consideration. Mr. Sawyer stated that their performance with the City will be a direct reflection of their company, and they would not employ people for this work and walk away. He stated that the City would have their personal attention. Councilman Schneider asked the number of accounts Stop and Smell the Roses service. Mr. Galdonik stated that they have five commercial and thirty residential accounts. He stated that if they are awarded this contract, they will devote 100 percent of their time on the City's account. Councilman Schneider stated that he hesitates to change contractors, as the present contractor is working very well. He stated that it is not a reflection on the owners of Stop and Smell the Roses. � � �� FRIDLEY CITY COUNCIL MEETING OF MAY 4. 1992 PAGE 17 MOTION by Councilman Schneider to award the contract for janitorial services for the Municipal Center and Garage to Brigette 011endick for $40,500, based on her past experience with the City. Seconded by Councilwoman Jorgenson. Mr. Sawyer stated that their bid is a little lower, and they are offering their own labor on window cleaning. He stated that he felt their company could provide the quality of cleaning desired by the City. Ms. Brigette 011endick stated that the Municipal Center does need some work and that there are no definite work hours. She stated �hat she has been in the Municipal Center until 2:30 or 3:00 a.m., and when the remodeling was taking place, she worked 29 hours straight. She stated that at times there are meetings or activities so that you cannot begin cleaning until 7:30 p.m. or 8:00 p.m. She stated that, to her, there are no definite hours, and she is here as long as it takes to do the job. Councilman Billings stated that he has a concern not with the quality of work of the City's current contractor or what the quality of work may be with a new contractor, but it is the process. He stated that the City sent out Requests for Proposals and when received, the low bidder was approached to find out what the bid consisted of, and the current contractor was approached to see if the proposal could be re-evaluated and to submit a lower proposal. He stated that this same opportunity was not offered to any other contractors that submitted proposals. He stated that he would like to reject all the proposals and start over. He stated that it appears one contractor was treated differently than the others. He stated that with only that in mind he would vote against the motion. Mayor Nee stated that he shares Councilman Silling's view and liked the idea of doing business with local contractors. He stated that there was a strange set of rules when the process began which he did not totally understand. Councilwoman Jorgenson stated that she felt the biggest problem with the Request for Proposal was that it was not clear on the number of hours needed to accomplish this work whether it be for security purposes or cleaning. She stated that if the contract is awarded to Ms. 011endick this year, there is nothing to preclude the Council from clarifying the Request for Proposal and receiving new proposals next year. Councilman Billings stated he felt there was agreement that the procedure was flawed, and his personal feeling would be to correct the flaw immediately and not wait until next year. He stated that � the sixth low bidder was allowed to modify the bid, he felt the initial instructions were somewhat flawed, and he would like to begin the process again. �11 FRIDLEY CITY COUNCIL MEETING �F MAY 4. 1992 PAGE 18 ' Mr. Herrick, City Attorney, stated that the words "bid" and �'proposals" are being interchanged, and he would like the record to show that these are proposals and not bids. He stated that if, in fact, this was a bidding process the Council is well aware of the requirements. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. 8. RESOLUTION NO. 38-1992 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 1991 CAPITAL IMPROVEMENT FUND, STREET DIVISION (TABLED APRIL 20, 1992): MOTION by Councilman Schneider to adopt Resolution No. 38-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. ORDINANCE NO. 989 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 112, ENTITLED "HEALTH AUTHORITY AND BOARD OF HEALTH" BY REPEALING THE ENTIRE CHAPTER: � MOTION by Councilman Schneider to waive the readinq of Ordinance No. 989 and adopt it on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. ORDINANCE NO. 990 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 111. ENTITLED "LICENSING FOOD ESTABLISHMENTS" BY REPEALING THE ENTIRE CHAPTER: MOTION by Councilman Schneider to waive the reading of Ordinance No. 990 and adopt it on the second readinq and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee cleclared the motion carried unanimously. 11. ORDINANCE NO. 991 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 603, ENTITLED "INTOXICATING LIQUOR," BY DELETING SECTION 603.24.02.A.1. "GAMBLING ENDORSEMENT, REGULATIONS" AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY: MOTION by Councilman Schneider to waive the reading of Ordinance No. 991 and adopt it on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � �� 101 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 19 NEW HUSINESS: 12. CONSIDERATION OF HARRIS POND PETITION NO, 6: Mr. Flora, Public Works Director, stated that a petition has been received signed by 100 percent of the property owners which would be assessed for the Harris Pond improvements. MOTION by Councilman Schneider to receive Petition No. 6- 1992 for the Harris Pond improvements and authorize staff to contact the contractor to accomplish these improvements. Seconded by Councilwoman Jorgenson. Councilman Schneider stated that he would like to commend the City staff and Mr. Lindgren, 6411 Squire Drive, for their efforts in working with the neighborhood. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 13. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CQDE BY ADQPTING A NEW CHAPTER 32 ENTITLED "FOOD ESTABLISHMENTS," AND AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES." BY CHANGING ALL CODE REFERENCES FOR CHAPTER 111 TO CHAPTER 32: Mr. Hill, Public Safety Director, stated that replaces Chapter 111 of the City Code, and it is a licensing food establishments which was requested He stated that the original Chapter 111 was under and Welfare in the City Code and was a regulatory stated that this proposed new Chapter 32 is a business license. this ordinance new chapter for by the Council. Health, Safety ordinance. He non-regulatory Mr. Herrick, City Attorney, stated that he has not seen the ordinance; however, he would not object to a first reading this evening. He stated that there are several items he would like to discuss with Mr. Hill. He stated that he has some concern about street vendors licensed by the State. Councilwoman Jorgenson stated that there have been persons selling shrimp from a truck located along the roadway and asked if they are governed by any health regulations. Mr. Hill stated that they are licensed by the State Department of Agriculture and Anoka County. Mayor Nee stated that as he interprets "food establishments," it includes his kitchen and all other kitchens in family homes, and he felt this needed to be changed. 1G2 FRIDLEY CITY COUNCIL MEETING OF MAY 4. 1992 PAGE 2Q � MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson_ Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. FIRST READING OF AN ORDINANCE RECODTFYING THE FRIDLEY CITY CODE, CHAPTER 603, ENTITLED "INTOXICATING LIQUOR," BY ADDING 603.05.04 TO SECTION 603.05, "FEES" AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY AND AMENDING SECTION 6D3.09.01. "PLACES INELIGIBLE:" Mr. Hill, Public Safety Director, stated that this ordinance amendment was prepared by the Finance Director, Mr Pribyl. He stated that the amendment includes language that an on-sale liquor license fee may be paid in two installments. He stated that the other change removes the lanquage regarding local taxes, assessments, and other claims of the City as a cause for rendering the location ineligible for an on-sale liquor license. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. Councilwoman Jorgenson stated that she has difficulty with the second proposed change and would like to know how surrounding � communities handle liquor licensing when delinquent taxes are involved. Councilman Schneider stated that this requirement is not imposed on other licenses. Councilwoman Jorgenson stated that she felt if this is a requirement for liquor licenses, it should apply to other licenses. Councilman Billings felt that one type of license should not be treated differently than any other license. He stated that in Fridley�s history almost all liquor establishments have been housed in buildings where the owner either owns the building or controls the ownership. He stated that, however, there are establishments that are in developments that are not owner-occupied and the City may be penalizing a good operator who pays his rent but is unable to renew his liquor license if there are delinquent taxes caused by another party. He stated that this is the reason he supports this proposed ordinance amendment. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. � � � � 103 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 21 15. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 22, 1992: A. ESTABLISH A PUBLIC HEARING FOR MAY 18. 1992, FOR A PLAT REOUEST. P.S. #92-02. BY BRW, INC. FOR WAL-MART, TO REPLAT AN AREA {PARCELS 1-4) INTO LOT 1, BLOCK l, AND OUTLOT A, SAM'S ADDITION, GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to set the public hearing on Plat Request, P.S. #92-02, for May 18, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR MAY 18, 1992 FOR A REZONING REQUEST. ZOA #92-02, BY EDWARD STANKE, TO REZONE FROM M-1, LIGHT INDUSTRIAL, TO C-2, GENERAL BUSINESS, GENERALLY LOCATED AT 7091 HIGHWAY 65 N.E.: MOTION by Councilman Schneider to set the public hearing on Rezoning Request, ZOA #92-02, for May 18, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. ESTABLISH A PUBLIC HEARING FOR MAY 18, 1992, FOR A VACATION REQUEST, SAV #92-01, BY RONALD MERKEL OF PRODUCTION TUBE MACHINERY CO., TO VACATE THE EAST/WEST ALLEY, BETWEEN ELM AND BEECH STREETS, GENERALLY LOCATED AT 7738 ELM STREET N.E.: MOTION by Councilman Billings to set the public hearing on Vacation Request, SAV #92-01, for May 18, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. ESTABLISH A PUBLIC HEARING FOR MAY 18. 1992, TO CONSIDER RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING:" MOTION by Councilwoman Jorgenson to set the public hearing on recodifying the Fridley City Code, Chapter 205, for May 18, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jargenson to receive the minutes of the Planning Commission meeting of April 22, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � 104 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 22 16. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 10. 1992: A. VARIANCE REOUEST, VAR #92-01, BY FRIDLEY V.F.W. POST #363, TO REDUCE THE SIDE YARD SETBACK FROM 30 FEET TO 21.5 FEET FOR A SIDE YARD WITH A DRIVEWAY (EXISTING); ALL TO ALLOW THE CONSTRUCTION OF ADDITIONAL PARKING. GENERALLY LOCATED AT 1040 OSBORNE ROAD N.E.: MOTION by Councilman Schneider to concur with the Appeals Commission and grant Variance Request, VAR #92-01, to reduce the side yard setback from 30 feet to 21.5 feet for a side yard with an existing driveway with the following stipulation: 1. Plat request, P.S. #92-01, and rezoning request. ZOA #92-01, shall be applied. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF APRIL 7, 1992: A. VARIANCE REOUEST, VAR #92-03, BY DIVISION 7 CORPORATION, TO REDUCE THE SETBACK FROM ANOTHER DISTRICT FROM 35 FEET TO 17 FEET; TO REDUCE THE HARD SURFACE SETBACK FROM THE SIDE LOT LINE FROM 5 FEET TO 0 FEET. ALL TO ALLOW THE REPLATTING OF PROPERTY GENERALLY LOCATED AT 7600 HIGHWAY 65 N.E. (FORMERLY T�AMPERT LUMBERI: Ms. Dacy, Community Development Director, stated that City staff and the Appeals Commission recommend approval of this variance subject to (1) the plat request, P.S. #92-01, being approved and (2) the variance request to reduce the hard surface setback shall be granted for a period of two years. By July 1, 1994, improvements shall be made to the fence to comply with the Code requirements, or the Appeals Commission and City Council shall review the request to determine if the variance shall be permanent; further, the petitioner shall refile the variance application and pay the fee in force at that time. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and gYant Variance Request, VAR #92-03, with the following stipulations: (1) this variance is sub�ect to the plat request, P.S. #92-01, being approved and (2) the variance to reduce the hard surface setback shall be granted for a period of two years. By July 1, 1994, improvements shall be made to the fence to comply with the Code requirements, or the Appeals Commission and City Council shall review the request to determine if the variance shall become permanent; further, the petitioner shall refile the variance appliCation and pay the fee in force at that time. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 105 FRIDLEY CITY COUNCIL MEETING OF MAY 4. 1992 PAGE 23 ' B. VARIANCE REOUEST. VAR #92-04. BY TIME TO TRAVEL, TO INCREASE THE MAXIMUM SIZE OF A WALL SIGN FROM 3 SQUARE FEET TO 34 SOUARE FEET, TO ALLOW THE INSTALLATION OF A BACK-LIT AWNING, GENERALLY L�CATED AT 203 MISSISSIPPI STREET N.E.: Ms. Dacy, Community Development Director, stated that this variance request is to allow an increase in the maximum size of a wall sign from 3 to 34 square feet for installation of a back-lit awning. She stated that the City staff and Appeals Commission recommend approval of this variance. Councilman Billings stated that he has no problem with this variance; however, the last several sign variances that the Council has approved have taken into consideration the language in Chapter 214 of the City Code, specifically Chapter 214.21.03 pertaining to variances that were granted prior to adoption of the Code. He stated that he would recommend this language be included in the variance approval. MOTION by Councilman Billings to grant Variance Request, VAR #92-04, with the following stipulations: (1) this variance, unless otherwise specified by Council, sha11 remain in effect until (a) the sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance � with the requirements of Chapter 214 than it was before the alterations; (bj the supporting structure of the sign is replaced or remodeled; (c) the face of the sign is replaced or remodeled; (d) the sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty percent (500) of the value of said sign, at which time all of the sign and its structure be removed; and (e) notwithstanding subparagraph (a) above, upon the change of the name of the business being displayed on this sign. At such time, the owner of said sign will have three (3) months to obtain a sign permit and construct a sign which meets all requirements of Chapter 214, or obtain a variance for any new or existing sign which does not meet all requirements of Chapter 214. Seconded by Councilman Schneider. Councilwoman Jorgenson stated that the petitioner was not present at the Appeals Commission meeting, nor present here this evening. Ms. Dacy stated that the petitioner was advised of the meeting and the necessity to attend. Councilwoman Jorgenson felt that perhaps this item should be tabled until the petitioner is present. MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor � Nee declared the motion carried unanimously. 106 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 24 � C. VARIANCE REpUEST, VAR #92-05, BY MEDTRONIC, INC., TO REDUCE THE SETBACK OF A SIGN TO A PROPERTY LINE FROM 10 FEET TO 0 FEET. TO ALLOW THE RELOCATION OF AN EXISTING FREE-STANDING SIGN, GENERALLY LOCATED AT 7000 CENTRAL AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this request is for a sign located on the east side of Medtronic's property. She stated that City staff is recommending denial; however, the Appeals Commission has recommended approval with the stipulation that the proper documents for a hold harmless agreement be signed by the appropriate parties and Medtronic. MoTION by Councilman Schneider to grant Variance Request, VAR #92-05, with the following stipulation that the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability and cost of replacement should the sign need to be removed due to work within th easement. Seconded by Councilwoman Jorqenson. MOTION by Councilman Billings to amend the above motion to include the stipulation that this variance, unless otherwise specified by Council, shall remain in effect until (1) the sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with the requirements of � Chapter 214 than it was before the alterations; (b) the supporting structure of the sign is replaced or remodeled; (c) the face of the sign is replaced or remodeled; (d) the sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty percent (50e) of the value of said sign, at which time all of the sign and its structure be removed; (e) notwithstandinq subparagraph (a) above, upon the change of the name of the business being displayed on this sign. At such time, the owner of said sign will have three (3) months to obtain a sign permit and construct a sign which meets all requirements of Chapter 214, or obtain a variance for any new or existing sign which does not meet all requirements of Chapter 214. Seconded by Councilman Schneider. Councilman Schneider stated that he felt the stipulation was not really necessary in this case. Councilwoman Jorgenson stated that she felt there should be consistency in applying this requirement equally. UPON A VOICE VOTE TAKEN ON THE AMENDMENT TO THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � 107 FRIDLEY CITY CQUNCIL MEETING OF MAY 4. 1992 PAGE 25 � D. VARIANCE REOUEST, VAR #92-06, BY BOB'S PRODUCE RANCH, TO ALLOW THE CONTINUANCE OF A SIGN VARIANCE GRANTED IN 1972 WHILE ALLOWING A CHANGE OF NAME OF BUSINESS, TO ALLOW THE INSTALLATION OF NEW SIGNS. GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this variance deals with Chapter 214 of the City Code, Section 214.21.03.E to allow the continuance of a sign variance granted in 1972 by allowing a change of name of a business. She stated that the request is to replace the existing Malmberg sign with a Lyndale Garden Center sign. Ms. Dacy stated that the Appeals Commission recommended approval of this variance to allow replacement of the Malmberg sign with the stipulations that (1) by November 1, 1992, the petitioner shall install a new sign conforming to the ordinance or receive a variance for another sign; and (2) if the petitioner cannot accomplish the requirements of stipulation No. 1, the Lyndale Garden Center sign shall be removed by November 1, 1992. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #92-06, with the following stipulations: (1) by November l, 1992, the petitioner , shall install a new sign conforming to the ordinance or receive a variance for another sign; (2) if the petitioner cannot accomplish the requirements of stipulation No. 1, the Lyndale Garden Center sign shall be removed by November 1, 1992; and (3) this variance, unless otherwise specified by Council, shall remain in effect until (a) the sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations; (b) the supporting structure of the sign is replaced or remodeled; (c) the face of the sign is replaced or remodeled; (d) the sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty percent (500) of the value o£ said sign, at which time all of the sign and its structure be removed; (e) notwithstanding subparagraph (a) above, upon the change of the name of the business being displayed on this sign. At such time, the owner of said sign will have three (3) months to obtain a sign permit and construct a sign which meets all requirements of Chapter 214, or obtain a variance for any new or existing sign which does not meet a11 requirements of Chapter 214. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 108 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 26 � E. VARIANCE REOUEST. VAR #92-07. BY RONALD MERKEL OF PRODUCTION TUBE MACHINERY CO., TO REDUCE THE LOT AREA FROM 1-1/2 ACRES (65,340 SQUARE FEET1 TO 1/3 ACRE {14,768 SQUARE FEET); TO REDUCE THE LOT WIDTH FROM 150 FEET TO 104 FEET: TO REDUCE THE SIDE YARD SETBACK FROM 1D FEET TO 7 FEET; TO ALLOW A LOADING DOCK IN THE FRONT YARD; ALL TO ALLOW THE CONSTRUCTION OF A MANUFACTURING BUILDING. GENERALLY LOCATED AT 7738 ELM STREET N.E.: Ms. Dacy, Community Development Director, stated that City staff is recommending approval of the lot area, lot width, and side yard variances, but not the variance to allow a loading dock in the front yard area. She stated that the Appeals Commission recommended approval of all four variances with the stipulation that a drainage and landscaping plan be submitted and approved by staf£ prior to issuance of a building permit. Mr. Warren Stock, 289 Liberty Street, stated that with a loading dock in the front yard semitrailers would have difficulty in backing out, as Elm Street is very narrow. He stated that in regard to the side yard setback there would be crowding, as the lots were divided a long time ago to residential and not commercial lots. He stated that this parcel is in the center of the lots that are not developed, and he felt there should be a development plan � for all the lots. Ms. Dacy stated that if the building was moved forward a variance would be needed on the front yard setback. Mr. Stock stated there have been so many variances granted that it is really getting out of control and will continue to get worse. Mr. John Krall, 19 77th Way, stated that he owns property to the south of this parcel. He stated that his biggest concern is what they are going to do with the two residences. He stated that he understands there would be two shifts working at this location which will create more traffic. He stated that he would like a large fence installed between the properties. Mr. Herrick, City Attorney, stated that because these lots were recognized as parcels prior to the adoption of the City Code, it is required they be allowed to develop. He stated that whether this particular use, with semitrailers entering and exiting the property, is reasonable is a factor to be considered, as well as how the use affects adjacent properties. Mr. Herrick questioned if it would make sense for the Council to consider a zero lot line for the property to the north with the understanding that Mr. Krall's property could be developed with a � zero lot line also. He stated that if Mr. Krall is thinking about maximizing the use of his property, this is something he may want to consider. 109 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 27 � Mr. Krall stated that at this time he could not give a definite response. Mr. Merkel, the petitioner, and Mr. Howard Jacobson, of Metro Building Systems, Inc. addressed the Council. Mr. Jacobson stated that most of the buildings in that area are currently occupied and have loading docks facing the street. Mr. Merkel stated that he operates a one-man shop and a very low profile business. He stated that employees are not going in and out and semitrailers deliver monthly. He stated that the building is much smaller than the lot can support, and he has applied for an alley vacation in an attempt to create more space between the building and the lot line. Mr. Merkel stated that to deny any of the variances would be a real hardship and out of character with the rest of the industrial uses. Councilman Billings stated that he would be in favor of the lot area and lot width variances, but he has some reservations on the other two variances. He stated that he would like to table this item as there will be a public hearing on the proposed alley vacation in two weeks. � Mr. Jacobson stated that a variance is needed on the side yard setback whether or not the alley is vacated. Councilman Billings stated that he would also like to discuss these variances with Councilman Fitzpatrick, because this property will be in Councilman Fitzpatrick's ward after the redistricting. MOTION by Councilman Billings to table this item to the first Council meeting in June, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION N0. 39-1992 APPROVING A FINAL PLAT, P.S. #92-01, V.F.W. ADDITION {FRIDLEY V.F.W. POST #363): MOTION by Councilman Schneider to adopt Resolution No. 39-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (FRIDLEY V.F.W. POST #363): MOTION by Councilman Schneider to waive the reading and approve the ordinance on first readinq. Seconded by Councilwoman Jorgenson. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � ' 110 FRIDLEY CITY CQUNCIL MEETING QF MAY 4. 1992 PAGE 28 20. APPROVAL OF AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR 100 OSBORNE ROAD N.E.: MOTION by Councilman Billings to approve the amendment to the comprehensive sign plan for 1Q0 Osborne Road N.E. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS• Mayor Nee called a recess at 12:20 a.m. RECENVENED• Mayor Nee reconvened at 12:28 a.m. 21. APPROVAL OF JUNKYARD LICENSE RENEWALS: Ms. Dacy, Community Development Director, stated that City staff is recommending that three junkyard licenses, Fridley Auto Parts, Central Auto Parts, and the Salvage Center, be renewed. She stated that with respect to Sam's Auto Parts, there are several issues which need to be corrected, and it is recommended that a temporary thirty day license be granted to allow for completion of the necessary site improvements. MOTION by Councilman Schneider to approve the renewal of a junkyard license to Fridley Auto Parts, Central Auto Parts, and the Salvage Center for one year. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to approve a temporary license for Sam's Auto Parts to operate until June 1, 1992 with a strong indication that if they are not in compliance with the Code, the Council will likely not renew their license. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. APPROVAL OF JOINT POWERS AGREEMENT WITH THE CITY OF COLUMBIA HEIGHTS FOR SEALCOATING 53RD AVENUE: MOTION by Councilwoman Jorgenson to approve the Joint Powers Agreement with the City of Columbia Heights for sealcoating 53rd Avenue. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. APPROVAL OF DISPOSITION OF TAX FORFEIT PROPERTIES IN THE CITY OF FRIDLEY: MOTION by Councilman Billings to table this item to the May 18, 1992 Council meeting. Seconded by Councilman Schneider. Upon a 111 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 29 ' voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 24. MOTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN AN AGREEMENT WITH VALVOLINE INSTANT OIL CHANGE, INC., FOF2 FIRE DEPARTMENT USE OF VACANT STRUCTURE LOCATED AT 348 57TH PLACE N.E.: MOTION by Councilman Billings to authorize the Mayor and City Manager to sign an agreement with Valvoline Instant Oil Change, Inc., for the Fire Department to use the vacant structure located at 348 57th Place N.E. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR ONE TRAILER- MOUNTED SEWER VACUUM INDUCTOR IDENTIFIED IN THE 1992 SANITARY SEWER CAPITAL OUTLAY BUDGET: Mr. Flora, Public Works Director, stated that the 1992 budget has allowed for the replacement of the sanitary sewer vacuum and plans and specifications have been prepared. He stated that staff is requesting the Council to authorize advertising for bids. � MOTION by Councilman Schneider to authorize the advertisement for bids for one trailer-mounted sewer vacuum inductor. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26. AWARD CONTRACT FOR STREET 5URVEYING ASSISTANCE: Mr. Flora, Public Works Director, stated that proposals have been requested from consulting firms to provide surveying services for Street Improvement Project No. ST. 1992-2. He stated that nine firms have provided proposals ranging from $26,500 to $84,266. He stated in discussions with the two firms who submitted the lowest proposals that both would have two survey crews collecting base information and have adequate CAD capability to complete the work. Mr. Flora stated �hat staff is recommending the contract be award to Maier Stewart and Associates based on their experience and proposed fee. MOTION by Councilwoman Jorgenson to award the contract for street surveying assistance for Street Improvement Project No. ST. 1992-2 to Maier Stewart and Associates for $26,500. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � ' 112 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 30 27. APPROVAL OF SURFACE WATER POLICY STATEMENT FOR THE CITY OF FRIDLEY• Mr. Flora, Public Works Director, stated that this Surface Water Policy Statement is the result of several months of discussion by staff and the Council. He stated that in order to provide a standard procedure to deal with storm water issues he would recommend the Council approve this policy in an attempt to resolve some of these issues. MOTION by Councilman Schneider to approve the Surface Water Policy Statement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 28. APPROVAL OF JOINT POWERS AGREEMENT BETWEEN THE CITIES OF COON RAPIDS AND FRIDLEY FOR THE CONSTRUCTION AND MAINTENANCE OF CERTAIN PUBLIC UTILITIES WITHIN THE CITIES OF COON RAPIDS AND FRIDLEY: Mr. Flora, Public Works Director, stated that staff has been working with the City of Coon Rapids to establish a Joint Powers Agreement regarding a sanitary sewer connection located within the City of Fridley on the east side of the Burlington Northern Railroad tracks, that supports the Springbrook Cove subdivision in Coon Rapids. Councilman Billings asked if the easement becomes part of the Joint Powers Agreement or if it stands as a document by itself. He asked, if at some future time, the Joint Powers Agreement is dissolved, if the easement still continues to exist. Mr. Herrick, City Attorney, stated it would be his opinion that the easement would stand by itself and, if signed between the two parties, the City of Coon Rapids and City of Fridley, it would be recorded. He stated that the only way it would be negated would be to reverse the process. Councilman Billings asked if a clause could not be added that the easement is in effect only as long as the Joint Powers Agreement is in effect. Mr. Herrick stated that a document would have to be filed indicating the Joint Powers Agreement is no lonqer in existence, and he is not sure if that, in itself, would be sufficient to negate the easement. Councilman Billings stated that it is conceivable the Joint Powers Agreement could be dissolved and the easement could still exist. Mr. Herrick stated that is conceivable. Mr. Flora stated he felt that Item 10 in the Joint Powers Agreement covered this issue. He stated that if the Joint Powers Agreement 113 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 31 � is modified between the two parties, Exhibit A, which is the easement, could become null and void. Mr. Herrick stated that the Joint Powers Agreement would continue unless both parties agree to terminate it. He stated that he did not believe there is any language for termination unless it was mutually agreed to terminate it. Ae asked if the Joint Powers Agreement would be recorded. Mr. Flora stated that the Joint Powers Agreement would be recorded. Mr. Herrick stated that he is not sure the County would record the Joint Powers Agreement and easement and make it a matter of record on the property. He stated that language can be added in Exhibit A that the easement shall terminate if the Joint Powers Agreement is terminated. MOTION by Councilwoman Jorgenson to approve the Joint Powers Agreement with the City of Coon Rapids for the construction and maintenance of certain public utilities within the City of Coon Rapids and the City of Fridley with the stipulation that if this agreement is not approved by the City of Coon Rapids, it becomes null and void. Further, that language be added to Exhibit A as follows: "this easement shall terminate if the Joint Powers � Agreement between the cities of Coon Rapids and Fridley for the construction and maintenance of certain public utilities is terminated. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 29. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 30. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 42931 through 43145. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 31. LICENSES: MOTION by Councilman Schneider to approved 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. 32. ESTIMATES' ' There were no estimates to be considered by the Council. � � � 114 FRIDLEY CITY COUNCIL MEETING OF MAY 4, 1992 PAGE 32 ADSOURNMENT' MoTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 4, 1992 adjourned at 12:55 a.m. Respect£ully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor