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06/29/1992 - 00005559� � � �� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JIINE 29, 1992 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by 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 Jorgenson, Councilman Billings and Councilman Fitzpatrick MEMBERS ABSENT: Councilman Schneider PRESENTATION OF PROCLAMATIONS: STUDENT FOREIGN EXCHANGE WEEK, JUNE 29 - JULY 5, 1992: Mayor Nee stated that there are a number of honored guests attending the Council meeting this evening, most of them being students from the City's Sister City, Fourmies, France. He stated that he has issued a proclamation proclaiming the week of June 29 through July 5, 1992 as Student Foreign Exchange Week. Mr. Hunt, Assistant to the City Manager, introduced Ms. Diane Ferry, Vice President of the Sister Cities of Fridley. Ms. Ferry thanked Mayor Nee, the City Council, and City Manager for their support of their organization and encouragement of this program. She stated that up to two hundred students have had the experience of participating in another culture and learning their language. Ms. Ferry also thanked Bill Hunt, Jim Froehle, Joan Budnick, Susan Irber, Roberta Collins, and Michael Reiland for their assistance. Mr. Hunt introduced Rudy Nessman of VFW Post 363, who would be presenting an American flag to the students. Ms. Ferry then introduced the exchange students and their host families. Each student was given a copy of the proclamation and an American flag. Monsieur Fabrice Perez, the chaperon for the students, thanked the Council and host families and expressed the students' gratitude for fostering a better understanding between the United States and France. Councilwoman Jorgenson stated that it was exciting to have the students visit the Council and hoped they enjoyed their stay in this country. 26 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 2 � Mayor Nee stated that the foreign exchange program is very important, and the Council is happy to support it. APPROVAL OF MINUTES: COUNCTL MEETING, JUNE l, 1992: M�TION 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 Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: SPEEDING PROBLEM ON 3RD STREET: Mr. David Sittigaglio, 4875 3rd Street, stated that he has lived ott 3rd Street for 33 years, and there never was a speeding problem until the yield signs were installed on 2-1/2 Street. He stated � that everyone now uses 3rd Street, and there is a problem with speedinq. He stated that he would like stop siqns installed at every other block on 3rd Street. He stated that he was told by a City employee that installing stop signs would not help because people do not follow the rules. He stated that he did not believe this is true, and if there are stop signs, people would obey the laws. Mr. Sinigaglio stated that he believed if something is not done to reduce the speed on 3rd Street that someone will be seriously injured, as cars go by 50 to 60 miles per hour. Mayor Nee stated that the Council would receive a report from staff on what could be done to correct this situation. PUBLIC HEARINGS• 1. PUBLIC HEARING ON PRELIMINARY PLAT REOUEST, P.S. #92-03, BY GARY OBRYCKI TO REPL,AT PROPERTY GENERALLY LOCATED AT 105 71-1/2 WAY N.E.• MOTION by Councilman Fitzpatrick 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 7:55 p.m. 27 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 3 � Ms. Dacy, Community Development Director, stated that this plat request is to create three single family lots. She stated that there is an existing home on Lot 2, and Lots 1 and 3 would be sold for single family dwellings. She stated that Lot 1 does not meet the minimum lot area requirement, and Lots 2 and 3 meet or exceed the minimum lot area requirements. Ms. Dacy stated that at the Planning Commission meeting, there was a question from the neighbors regarding the amount of right-of-way the County would take for road improvements. She stated that the County has indicated they did not have the exact width, but the amount needed for the improvements would be 15 to 25 feet to be acquired from the proposed third lot. Ms. Dacy stated that staff's recommendation to the Planning Commission was for denial of this request because one lot is below the minimum lot area requirement and, due to the existing depth of the lot, a variance would be needed to the front and rear setbacks. She stated that staff did recommend creating two lots, one for the existing home and the other lot on the east portion of the property. She stated that the Planning Commission also recommended the Council consider a two lot plat. Mr. Obrycki, the petitioner, stated that he would be in agreement ' with splitting the property into two lots but would prefer to have three lots. He stated that he intends to upgrade the existing home. He stated that at this point, he is requesting the lot split for two lots. Councilman Billings stated that the homes in the immediate adjacent area are mostly new homes and asked if this home is of lesser value than most of the homes in the neighborhood. Mr. Obrycki stated that a realtor has advised him he could sell the home £or about $65,000 to $70,000, and the other homes in the area are valued at about $90,000 to $100,000. Councilman Billings asked Mr. Obrycki what his plans would be for the property if the lot split is approved for the three lots. Mr. Obrycki stated that he would sell the property and make some improvements in the home in order to sell it. Councilman Billings asked Mr. Obrycki what his plans were if the property was split into two lots. Mr. Obrycki stated that the home would be improved, but he would have more money if the parcel was split into three lots, and he could make more extensive improvements. � Councilman Billinqs stated that it seemed one alternative, when this issue came up in 1986, was to sell a portion of the property to the property owner immediately to the west. � � 28 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 4 Mr. Obrycki stated that this was when he purchased the property; however, he is not sure at this time if the property owner is interested in purchasing a portion of this parcel. Councilman Billings asked about the possibility of increasing the size of Lot 2, decreasing the size of Lot 1, and creating an outlot and the petitioner selling this to the property owner to the west or keep it with Lot 2. He felt that this option may give the petitioner more money to upgrade the existing home. Ms. Dacy stated that creating an outlot is an option; however, the maintenance of this outlot would need to be addressed. Mayor Nee asked if the petitioner revised his plat to include a split into two lots, if another public hearing is necessary. Mr. Herrick, City Attorney, stated that this public hearing could be continued if the petitioner wants to submit an amended proposal. Ms. Diane Navmovich, 100 71-1/2 Way, stated that she liked the suggestion for two lots. She felt that if the parcel is split into three lots it would mean more congestion in the cul-de-sac. She questioned if the assessments were paid and what would be done regarding the bikeway. Ms. Dacy stated there is a stipulation that the outstanding assessments of $200 be paid before the plat is filed with the County. She stated that regarding the bikeway, this would be a County project as it is their responsibility. Ms. Tamara Aspenson, 112 71-1/2 Way, stated her main concern is that the existing home is unkept. She stated that if another home is built, she wanted to know if it would be rental property. She stated that she does not want another home in the area that will be an eyesore. Ms. Aspenson stated that the existing home has no back yard, so all activities are conducted in the front of the home. She stated that she wants to make sure if a home is built that it fits on the lot. Councilwoman Sorgenson stated that if a home is constructed, the builder would have to meet all the setback requirements. Mr. Herrick stated that as long as the home meets the setback requirements, whether it is owner or rental occupied, the City does not have any control over this issue. Councilwoman Jorgenson asked if the City's Code Enforcement Officer had been contacted regarding the unkept property. � Ms. Aspenson stated that she just contacted the City regarding the lawn which had not been mowed. She stated that the garbage cans are on the side of the home, and half the time they are knocked over. � 29 FRIDLEY CITY COUNCIL MEETING OF JUNE 29 1992 PAGE 5 Mr. Rollin Goldsberry, 7151 Riverwood Drive, stated that he is concerned with the lot directly north and hoped there were not variances approved to build on it. He stated that he is concerned how this parcel would be split and if it i5 divided into two lots, it would increase the size of the lots. Ms. Barb Severni, 7145 Riverwood Drive, stated that she agrees with the comments made by the other residents in the area. She stated that she would really like the existing home torn down and two new homes constructed. She stated that she would not be in favor of this parcel split into three lots. She stated that she did not know how much improvement could be done to the existing home. Mr. Greg Maness, 106 71-1/2 Way, stated that installing more driveways on this cul-de-sac would probably create a problem. He stated that there are a lot of children in the neighborhood, and building more homes would mean more traffic and congestion. Councilman Billings asked Mr. Obrycki his plans for Lots 2 and 3. Mr. Obrycki stated that he is in the rental home business now. He stated that the lease is up on the existing home, and once he finds out about the lot split he will fix up the home and sell Lot 3. � Councilman Billings stated that as he understands it, Mr. Obrycki's intent for Lot 3 is to either build a home on it for a specific purpose or sell it as a vacant lot to someone who has a builder. He stated that it is his understanding Mr. Obrycki does not intend to construct a home to be used as rental property. i� Mr. Obrycki stated that he intends to fix up the existing home and sell it or rent it. Councilman Billings wanted to clarify that this parcel is not zoned for multiple dwellings. MOTION by Councilman Fitzpatrick to continue this public hearing to July 6, 1992. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson stated that she would be inclined to support a lot split for two lots. She felt that it would be nice if the older home could be removed and a new home constructed, but this is not something which the Council can require of the petitioner. Councilman Fitzpatrick stated that he would tend to favor the Planning Commission's recommendation for two lots. Mayor Nee stated that he would not be in favor of three lots and felt that was not an option. He stated that he would not favor an outlot unless the petitioner has an offer from someone to purchase this outlot. 30 FRIDLEY CITY COUNCIL MEETING OF JIINE 29, 1992 PAGE 6 � Ms. Dacy stated that if the petitioner wanted to submit a revised plat she would suggest the surveyor amend the plat to show the amended lot lines. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 2. PUBLIC HEARING ON REZONING REQUEST, ZOA #92-03, BY DON KISCH, TO REZONE FROM C-1, LOCAL BUSINESS. TO C-2, GENERAL BUSINESS, ON PROPERTY GENERALLY LOCATED AT 8100 EAST RIVER ROAD N.E.: MOTYON by Councilman Fitzpatrick 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 8:47 p.m. Ms. Dacy, Community Development Director, stated that this property is located at the intersection of Fairmont Street and East River Road and zoned C-1. She stated that a Texaco station is located on the site, and it is proposed to rezone the property to C-2 to enable the construction of a roll-over car wash on the property. She stated that a special use permit is also necessary for a car wash in a C-2 zoning district. � Ms. Dacy stated that staff has recommended denial of the rezoning, as the intent for C-2 zoning districts is that they be located at major intersections or where there is a significant amount of commercial activity occurring. Sha stated that the C-2 zaning district has different lot and structure requirements and a 5o foot setback between residential and commercial properties is required so a variance would be needed. Ms. Dacy stated that the Planning Commission acknowledged that the C-1 zoning district did not take into consideration the current state-of-the-art car washes. She stated that in reviewing this issue, it was found most communities had restrictions regarding car washes in a residential area. She stated that some communities require a special use permit and others were a permitted use, but they were always in a district similar to a C-2 zoning district and not a C-1 zoning district. Ms. Dacy stated that in discussing the pros and cons in permitting car washes in a C-1 district, in this particular case, it allows an economic advantage to the property owner. She stated that the disadvantages are site design, increased traffic, hours of operation, car wash noise, adequate buffering for residential areas, potential for increased air pollution, and that this is not a controlled intersection. � Ms. Dacy stated that the Planning Commission recommended denial of this rezoning. She stated that no adjacent property owners attended the public hearing before the Planning Commission. 31 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 7 � Mr. Kisch, the petitioner, stated that there is a large amount of property on this site which is basically useless. He stated that he is trying to improve the property and make the business profitable. He stated that at the present time, a portion of the property is used for U-haul trailers. He stated that he felt any noise from the vacuums at the car wash would be no different than the noise trom East River Road. Mr. Kisch stated that the biggest problem may be the adjacent residence. He stated that they would meet all code requirements and construct a new fence. He stated that he wants to upgrade the area, but oar washes are not allowed in a C-1 zoning district. Mr. Russ Humphrey, manager of the Texaco station, stated that all the neighbors have asked when they would install the car wash as they are anxious to have it located on this site. No other persons in the audience spoke regarding this proposed rezoning request. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:03 p.m. � 3. PUBLIC HEARING TO APPROVE THE EXPANSION OF REDEVELOPMENT PROJECT AREA NO. 1: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:05 p.m. Ms. Dacy, Community Development Director, stated that the purpose of this public hearing is to add a vacant parcel of land to the redevelopment pro�ect area. She stated that this would enable the Housing & Redevelopment Authority to assist in the relocation of Sheet Metal Connectors £rom Minneapolis to Fridley. She stated that the parcel is six acres in size and located west of and adjacent to Main Street. She stated that the company proposes to construct a 100,000 square foot building at a cost of $2,500,000 to $3,000.000. Ms. Dacy stated that the Housing and Redevelopment Authority is considering a loan agreement with Sheet Metal Connectors in the amount of $200,000. She stated that 1991 sales for this company were $10,000,000, and their parts for heating and ventilating systems has a national distribution of 1,700 customers. She stated that they will employ sixty full-time people, and the business � would add additional tax value of about $2,000,000. She stated that this company has a low volume of truck traffic which is important for this site which is across from a residential neighborhood. 32 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 8 � Mr. Burns, City Manager, introduced Mr. Jerry Myers, President of Sheet Metal Connectors. Councilman Billings stated that it is not too often he gets a call from a sheet metal union regarding a business and felt Mr. Myers had their respect. Councilwoman Jorgenson asked how many shifts they operate. Mr. Myers stated that they only operate one shift but may work some overtime. No other persons in the audience spoke regarding this proposed expansion of Redevelopment Project Area No. 1. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:10 p.m. OLD BUSINESS: 4. ORDINANCE N0. 995 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS � 205.17.01.0 (111, 205.17.07.B (1), 205.18.O1.0 (121. 205.18.07.B (1�, DELETING 5ECTIONS 205.18.O1.0 (9) (a1, fb1, (cl, (f_), (il AND (�1. REPLACING SECTION 205.19 AND RENUMBERING CONSECUTIVE SECTIONS: Ms. Dacy, Community Development Director, stated that due to the length of this ordinance, two motions are needed; one to adopt the Official Title and Summary and a motion for adoption of the ordinance itself. MoTION by Councilwoman Jorgenson to waive the reading and adopt Ordinance No. 995 on second reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to waive the reading and adopt the Official Title and Summary of Ordinance No. 995 on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. ORDINANCE NO. 996 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNE50TA, BY MAKSNG A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #92-02, BY EDWARD STANKE): � MOTION by Councilwoman Jorgenson to waive the reading and adopt Ordinance No. 996 on second reading and order publication. Seconded by Councilman Billings. � � 33 FRIDLEY CITY COUNCIL MEETING OF JUNE 29. 1992 PAGE 9 Councilwoman Jorgenson stated she wished to clarify that the fee for this rezoning application would be waived and returned to the petitioner. Councilman Billinqs stated that he wanted to make sure the fee is not part of the ordinance. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. WITHDRAWAL OF PRODUCTION TUBE MACHINSRY COMPANY LAND USE REQUESTS: A. VARIANCE REQUEST, 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 FEET1; TO REDUCE THE LOT WIDTH FROM 150 FEET TO 104 FEET: TO REDUCE THE SI➢E YARD SETBACK FR�M 20 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. (TABLED JUNE 1,19921 B. FIRST READING OF AN ORDINANCE APPROVING A VACATION, 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. (TABLED JUNE 1,19921 MOTION by Councilman Billings to receive the request by Mr. Merkel to withdraw his Variance Request, VAR #92-07 and Vacation Request, SAV #92-01. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 7. APPOINTMENT TO THE HUMAN RESOURCES COMMISSION: MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 45-1992 ACCEPTING THE ARMY'S PLAN FOR DISTRIBUTING POTABLE WATER TO THE CITIES OF NEW BRIGHTQN AND FRIDLEY: Mr. Burns, City Manager, stated that the Army is proposing to distribute 3 to 4 million gallons of water a day to the City during the spring, fall, and winter months. He stated that this would be done at the � this potable Agency and t that the Cou Army's expense. He stated that the distribution of water has been reviewed by the Pollution Control he Environmental Protection Agency. Mr. Burns stated ncil is being asked to accept or decline, in concept, the Army's proposal. � � � 34 FRIDLEY CITY COUNCIL MEETING OF JUNE 24. 1942 PAGE 10 Councilwoman Jorgenson asked if the water would be completely free of trichlorethylene. Mr. Burns stated that the contaminants will be reduced to a non- detectable level. Councilwoman Jorgenson asked how frequently this water would be tested and whether it would be tested prior or when entering the City's system. Mr. Burns stated that he believed it would be tested before entering the City's system. MOTION by Councilman Billings to adopt Resolution No. 45-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 27, 1992• MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of May 27, 1992. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF MAY 19, 1992• A. VARIANCE RE4UEST, VAR #92-11, BY SAMES ZIRNGIBLE, TO REDUCE THE SIDE YARD SETBACK FOR AN ACCESSORY STRUCTURE FROM 5 FEET TO 2.5 FEET: TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 17 FEET; ALL TO ALLOW THE CONSTRUCTION OF A DETACHED ACCESSORY STRUCTURE AND EXPANSION OF A SINGLE FAMILY DWELLING, GENERALLY LOCATED AT 8106 FAIRMONT CIRCLE N.E.: MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of tha Appeals Commission and grant Variance Request, VAR #92-11, to reduce the side yard setback from 5 to 2.5 feet and to reduce the rear yard setback from 25 to 17 feet, with the following stipulations: (1} the aocessory structure shall be architecturally compatible with the existing dwelling unit; (2) the east wall of the accessory structure shall have a minimum one hour fire ratinq if it is less than six feet from the dwelling unit; and (3) the petitioner shall provide a hard surface driveway by June 1, 1993. Seconded by Councilman Billings. Councilwoman Jorgenson asked if there was any neighborhood opposition to this variance request. Ms. Dacy stated that there was none. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 35 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 11 � B. VARIANCE REOUEST, VAR #92-12. BY RONALD ROESSLER, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 8 FEET TO ALLOW THE CONSTRUCTION OF A 14 FOOT ADDITION AND BASEMENT UNDER A SINGLE FAMILY DWELLING, GENERALLY LOCATED AT 544 FAIRMONT STREET N.E.: MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #9Z-12, to reduce the side yard setback from 10 to 8 feet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared �he motion carried unanimously. C. VARIANCE REOUEST, VAR #92-14. BY BRICKNER BUILDERS, INC., TO REDUCE THE FRONT YARD SETSACK FROM 35 FEET TO 17.5 FEET TO ALLOW THE CONSTRUCTION OF A SINGLE FAPiILY DWELLING, GEAiERALLY LOCATED AT 991 67TH AVENUE N.E.: MOTION by Councilman Billings to grant Variance Request, VAR #92-14, to reduce the front yard setback from 35 to 17.5 feet. Seconded by Councilman Fitzpatrick. Councilman Billings stated that this structure would be in line with the other homes on the block. Councilwoman Jorgenson stated that a number of other variances of � this magnitude have not been approved. Councilman Billinqs stated that if the variance is not granted this would be the only home that would be set back 52 feet from the curb line of the street. He felt that this is one of the few cases that meets the definition for what a variance is intended. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Billings, Councilman Fitzpatrick, 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. D. VARIANCE REOUEST, VAR #92-13, BY COMSTRAND. INC., TO REDUCE THE SIDE CORNER SETBACK FROM 80 FEET TO 20 FEET TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING: TO REDUCE THE MINIMUM LOT AREA OF 35,000 S4UARE FEET TO 30,000 SQUARE FEET, GENERALLY LOCATED AT 6299 UNIVERSITY AVENUE N.E.: Mr. Van Den Berg, of Comstrand, Inc., stated that he would be moving his business from St. Anthony to Fridley. Councilman Billings asked how many people he employs, to which Mr. Van Den Berg stated he has nine employees. MOTION by Councilman Billings to grant Variance Request, � VAR #92-13, to reduce the side corner setback from 80 to 20 feet and to reduce the minimum lot area of 35,000 square feet to 30,000 square feet, with the following stipulations: (1) the building shall be architecturally compatible with the bank and office 36 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 12 � buildings; (2) the petitioner shall submit a landscape plan which complies with the Zoning Code and which shall be approved by City staff prior to issuance of a building permit. The plan shall also include underground irrigation; and (3) the petitioner shall submit a bond in the amount of 3 percent of construction value to ensure completion of the outdoor improvements. Seconded by Councilwoman Sorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JUNE 2, 1992• A. VARIANCE REQUEST, VAR #92-15, BY DAVID GUSTAFSON, TO REDUCE THE REOUIRED SIDE YARD SETBACK ON A CORNER LOT FROM 17.5 FEET TO 15 FEET, TO ALLOW THE CONSTRUCTION OF A DETACHED ACCESSORY STRUCTURE, GENERALLY LOCATED AT 110 63RD WAY N.E.: MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #92-15, to reduce the side yard setback on a corner lot from 17.5 to 15 feet, with the following stipulations: (1) the petitioner shall comply with the conditions of approval set forth by the Anoka County Public Works Committee and (2) the petitioner shall execute a hold harmless agreement releasing the County and the City from any liability to the accessory structure if repairs � or maintenance are conducted on the storm sewer line. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPROVE AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY: Ms. Dacy, Community Development Director, stated that this agreement allows the City to request reimbursement funds for solid waste expenses. She recommended that the Council authorize the Mayor and City Manager to execute this agreement. MOTION by Councilwoman Sorgenson to authorize the Mayor and City Manager to enter into this agreement with Anoka County for the Residential Recycling Program. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPRQVE 1992-1993 CONTRACT BETWEEN THE MINNEAPOLIS URBAN CORPS AND THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this contract allows the City to employ interns with the City paying between 50 and 70 percent of the salaries and Federal Work Study funds making up the difference. He stated that Urban Corps is responsible for payroll � taxes, and the City is responsible for worker's compensation insurance. 37 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 13 � MOTION by Councilwoman Jorgenson to authorize the Mayor and City Manager to enter into this agreement with the Minneapolis Urban Corps. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVE PURCHASE AGREEMENT FOR 5720 POLK STREET N.E.: Mr. Burns, City Manager, stated that it is requested that the Council authorize the purchase of the property at 5720 Polk Street from Ms. Branco to enable the City to widen Polk Street and Lynde Drive and identify the streets as an MSAS connector between Hillwind Drive to Old Central. He stated that the purchase price is $84,000, with an earnest payment of $1,000. He stated that the closing would occur after January 1, 1993, and Ms. Branco will have until May 1, 1993 to vacate the property. MOTION by Councilman Fitzpatrick to approve the purchase agreement for the property at 5720 Polk Street N.E. Seconded by Councilman Billings. Councilwoman Jorgenson stated that there has been some concern in the neighborhood regardinq what will be done with this home. She stated she understands that ACCAP probably would not accept the home due to its age. She stated that several residents suggested � the City maintain the home but move it around and continue its use as a single family home. She stated there is concern that this property may become garages for the apartment complex. Ms. Dacy, Community Development Director, stated that the property would have to be rezoned to R-3 in order to be used for garages. Councilwoman Jorgenson stated that residents were concerned that the City was purchasinq the property in order to make garage space for the apartments. She stated that she has informed them this was not the City's intent. Mayor Nee stated that the property is being purchased for street improvement purposes. Councilman Billings stated that once the City purchases the property and improves the roadway, he did not want to make the statement that the only thing the City would consider is a single family residence. Councilwoman Jorgenson stated that she just wanted this information available for further reference so that the intent is clear to the neighborhood. Mr. Herrick, City Attorney, stated that when the City purchases the � property, it will be zoned Public (P) and the usual rule has been that, if the City at a later date sells the property, the 2oning reverts back to the zoning it was at the time of purchase. He � � � 38 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 14 stated that if it was used for anything other than single family, a rezoning request would have to be filed. Councilman Fitzpatrick stated that if this is a controversial issue, perhaps the motion should be reconsidered. Councilwoman Jorgenson stated that she just wanted clarification on why the City is purchasing this property. She stated that there are several rumors as to what the City intends to do after it is acquired. Councilman Fitzpatrick stated that, as he understands it, the only thing it could ultimately come to is reverting back to R-1. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 15. APPROVE AGREEMSNT FOR I,EGAI, SSRVICES BETWEBN TAE CITY OF FRIDLEY AND NEWQUIST & EKSTRUM, CHARTERED: Mr. Burns, City Manager, stated that it is requested that the Council approve a twelve month contract between the City and the firm of Newquist and Ekstrum. He stated that this law firm represents the City in all criminal proceedings and provides the City with advice on related legal issues. He stated that the hourly rate proposed in this contract is $75/hour, up from $60/hour. Mr. Burns stated that a survey was conducted, and this rate is consistent with what other cities are paying for prosecuting services. He stated that the Police Department has had a good working relationship with this firm, and the prosecutor has been very effective. Councilman Billings felt that the contract should be for a longer period since Mr. Newquist has been the City's Prosecutor for over twenty years, his rate is competitive, and staff has a good working relationship with this firm. MoTION by Councilman Billings to approve the agreement for legal services between the City and Newquist & Ekstrum, Chartered. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend the above motion by extending the length of the aqreement from twelve months to thirty months. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick, 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. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 39 FRIDLEY CITY COUNCIL MEETING OE JUNE 29, 1992 PAGE 15 ' 16. APPROVE CHANGE ORDER NO. 2, 1.5 MG ELEVATED WATER RESERVOIR. PROJECT NO. 201: Mr. Burns, City Manager, stated that this change order is a combination of additions and deletions to this contract. He stated that the revised contract amount is still below the estimated cost for this project and recommended this change order be approved. MOTION by Councilwoman Jorgenson to authorize Change Order No. 2 with Pitt-Des Moines, Inc. for the 1.5 MG elevated water reservoir, Project No. 201 for a deduction o£ $675. 5econded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. APPROVE CHANGE ORDER NO. 1, ELECTRICAL MOTOR CONVERSION, WELL NO. 13, PROJECT NO. 230: Mr. Burns, City Manager, stated that this change order is to connect Well No. 13 £rom a soft start motor to a variable frequency drive starter motor. He stated that the additional cost will be offset by a rebate from Northern States Power and energy savings. He recommended that the Council approve thi5 change order. MOTION by Councilman Billings to authorize Change Order No. l, with � Mark Traut Wells, Inc, for the Electrical Motor Conversion, Well No. 13, Project No. 230, in the amount of $18,D43.00. Seconded by Councilwoman Jorgenson. Councilman Billings stated that he wished to thank John Flora, Public Works Director; Rick Pribyl, Finance Director; and Jim Saefke, Water Supervisor; for planning for the future and looking at the energy costs and rebates which save a substantial amount of money for the City over the years. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 18. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 19. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 43629 through 44084. Seoonded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 20. LICENSES: Mayor Nee stated that the licenses include two requests to waive the fees, one is a carnival fee and the other is an auction fee. � ':I17 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 16 Mr. Pribyl, Finance Director, stated that the application to waive the carnival fee is on behalf of the Fridley 49er's. Councilman Billings asked if the Fridley 49er's benefit from the waiver of this fee. Mr. Pribyl stated that it is the 49er's that pay the fee, and the fees have been waived in the past. Councilman Billings stated that fee if it goes to a charitable waiving the fee if it goes to business to make a profit. he has no problem in waiving the organization, but has a prol�lem the carnival operator who is in Councilwoman Jorgenson stated that the City contributes a substantial amount for 49er Days, and she would like to know the amount contributed over and above this $375 cost for the carnival license. MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend the above motion by tabling � the carnival license for the Fridley 49er's and request that staff research this item for the Council's July 6, 1992 meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, 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. MOTION by Councilman Fitzpatrick to waive the auCtioneer fee for Michael Servetus Unitarian Church. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. ESTIMATES: MOTI�N by Councilwoman Jorgenson to approve the estimates as submitted: W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement No. ST. 1991 - 1 & FINAL ESTIMATE . . I I � Project 2 . . . . . . . . . . . . . $ 4,599.41 � � � 41 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 17 Barna, Guzy & Steffen, Ltd. 40o Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of May, 1992 . . . . . . . . . Newquist & Ekstrum, Chartered 301 Fridley Plaza office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Statement for Services Rendered as City Prosecuting Attorney for the Month of May, 1992 ..... $ 5,305.61 $10,260.00 Earl Weikle & Sons, Inc. 2514 24th Avenue South Minneapolis, MN 55406 Little League Park Shelter Project No. 234 Estimate No. 1 . . . . . . . . . . . . . . . $19,279.OQ Moore Lake Beach House Project No. 233 Estimate No. 1 . . . . . . . . . . . . Chemlawn Service Corp. 1156 Highway 36 Maplewood, MN 55109 Corridor Maintenance Project No. 227 Estimate No. 2 . . . . . . . . . . . . Halvorson Construction 1345 157th Avenue N.E. Anoka, MN 55304 1992 Miscellaneous Concrete Curb, Gutter and Sidewalk PYOject No. 231 Estimate No. 2 . . . . . . . . . . . . . . . $78,372.00 . . $ 4,143.90 . $ 5,485.91 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � L J � 42 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 18 ADSOURNMENT: MOTION by Councilman Billings 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 June 29, 1992 adjourned at 9:55 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William S. Nee Mayor