06/07/1993 - 00005057�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
JUNE 7. 1993
The Regular Meeting of the Fridley City Council was called to order
at 7:46 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and the audience in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, and Councilman Schneider
MEMBERS ABSENT: Councilman Fitzpatrick
PRESENTATION OF PROCLAMATION:
MISSISSIPPI RIVER CLEANUP MONTH - JUNE, 1993:
Mayor Nee read and issued a proclamation proclaiming the month of
Sune, 1993 as Mississippi River Cleanup Month.
APPROVAL OF MINUTES:
COUNCIL MEETING, MAY 17, 1993:
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.
ADOPTION OF AGENDA:
MOTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilman Schneider. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM. VISITORS:
LEGISLATIVE UPDATE - SENATOR DON BETZOLD:
Senator pon Betzold thanked Mayor Nee and the councilmembers for
the opportunity to present this legislative update. He stated that
a number of bills were introduced dealing with the Metropolitan
Council, but most of them did not pass. He stated that one bill
that did pass was the issue of governance and the role of the
Metropolitan Council which will be studied by the Legislature.
Senator Betzold stated that in regard to the 800 megahertz system,
the FCC is making a number of frequencies available, and a
FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 2
� committee has been established to review this issue and determine
the best use of that system.
Senator Betzold stated that the City should make sure that their
emergency water supply plans are updated. He stated that these
plans have to be submitted to the Metropolitan Council by January 1
£or their comments.
Senator Setzold stated that there will be some grants to aities for
cleaning up pallutian. He stated that the super fund was broke and
restructured for $3.7 million, but most of these funds will be used
for litigation and not cleanup. He stated that garbage collectors
will be required to collect a$2 per year fee per household for
landfill cleanup. He stated that wetland rules go into effect in
July, and there is extra time in implementing these rules.
Senator Betzold stated that rules concerninq data practices can be
reviewed by the 5tate Department oi Administration at a cost of
$200. He stated that this issue arose as a result of local
governments being sued due to releasing or not releasing data.
However, cities are not bound by the opinion given by the
Department of Administra�ion.
Senator Betzold stated that legislation pertaining to stalking was
� passed. He stated that restrictions were passed on the personal
use of public vehicles. This is virtually prohibited.
Senator Betzold stated that legislation was passed which allows a
public hearing for city managers who are being fired. He stated
that many bills were passed dealing with personnel issues including
mandatory arbitration of retiree health insurance for essential
employees.
Senator Betzold stated that the tax bill created a board that can
grant exceptions to mandates. He stated that the county was
spending funds to record special assessments. A nominal fee of
$1.00 has been approved to cover these costs.
Senator Betzold stated that the homestead declaration will change
so that homeowners do not have to file every year. He stated that
levy certifications will be done differently, and the actual levy
will be certified to the county.
5enator Betzold stated that the local government aid formula is
based on need. Fridley will receive about a 2.6 percent increase
for 1994. He stated that cities will be paying less sales tax on
public safety equipment.
Senator Betzold stated that Governor Carlson wants an across the
� board cut in programs to protect the budget reserve if the
November, 1993 forecast shows a decrease in revenue. He stated
that this could affect local government aid and result in a
decrease in these funds.
FRIDLEY CITY COUNCZL MEETING OF JIINE 7, 1993 PAGE 3
� Senator Betzold stated there was a bill that would have addressed
the problems dealing with charter amendments, This passed the
Senate but will be further studied by the House.
Senator Betzold presented a booklet to the Council containing
legislative updates. He stated that it was a pleasure to serve his
home city of Fridley during this past legislative session.
Councilwoman Jorgenson stated that the FCC 800 megahertz system
has serious problems, as it cannot broadcast through trees or
buildings.
Councilwoman Jorgenson stated that in regard to water supply, the
Navy at FMC is currently pumping one million gallons of water a day
into the river. She stated that the Council will seek support from
the legislature to try and convince the Navy that once the water
is clean it should be returned to the water supply system.
Councilwoman Jorgenson Pelt that the fee for landfill cleanup
should not affect the metropolitan area, as most of the landfills
are outside the metropolitan area.
Mayor Nee stated that he appreciated Senator Betzold°s update and
thanked him for attendittg the meeting.
� Senator Betzold asked the councilmembers to contact him if they
have any questions or concerns.
MEADOWLANDS PARK:
Mr. Pete Eisenzimmer, 6535 Oakley Drive, asked when the work at
Meadowlands Park would be completed.
Mr. Flora, Public Works Director, stated that the contractor has
to remove the dirt, install a storm pipe, complete the final
grading and construct the walking path. He stated that this work
should be completed in three weeks as soon as drier weather
conditions permit it.
LOCKE LARE:
Ms. Ann Bolkcom, 6821 Hickory Street, invited everyone to attend
the public hearing to be held by the Rice Creek Watershed District
on June 24 at the Shoreview City Hall, as they will probably vote
on what will be done to Locke Lake at this meeting. She stated
that the Locke Lake Homeowners Association wi11 have a meeting on
June 10 at the Municipal Center and invited Council to attend.
Councilwoman Jorgenson stated that she and Councilman Billinqs will
� be attending the League of Minnesota Cities Conference at this time
and could not attend the meetinq.
FRIDLEY CITY COIINCIL MEETING OF JUNE 7. 1993 PAGE 4
� Ms. Bolkcom thanked Mayor Nee and John Flora for coming to their
meeting last week and said they appreciated all their help.
'49er DAYS•
Mr. Hal Hinchcliffe invited everyone to the annual '49er Days
celebration which begins Wednesday, June 16. He reviewed the
various events that would be held throughout the week.
Mr. Hinchcliffe stated that he noticed that the licenses listed on
the aqenda did not contain approval for a carnival license for the
'49er Days. He asked that the Council oonsider this license.
PUBLIC HEARING:
1. PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 3 OF THE FRIDLEY CITY
CHARTER�
MoTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Couttcilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor
Nee declared the motion carried unanimously and the public hearing
opened at 8:17 p.m.
� Mr. Hunt, Assistant to the City Manager, stated that the Charter
Commission is in the process of reviewing the Charter for possible
amendments, and they have submitted proposed amendments to Chapter
3. He stated that most of the changes are rather technical. He
defined what is meant by a quorum.
Mr. Hunt stated that Section 3.01, subsection 1, has been clarified
as the first meeting of the Council in January, and Section 3.02
clarifies the duties of the Secretary to prepare the journal of
minutes rather than keep the journal of minutes, He stated that
Section 3.03 defines a quorum of the Council. A majority of the
incumbent councilmembers shall constitute a quorum to do business.
Councilman Schneider stated that under Section 3.01, subsection 2,
line 1, there is a typographical error. The word "or" should be
included in the ordinance amendment.
Councilman Schneider felt that the word "majority" should be better
clarified. He questioned if the majority was the total number of
council 5eats or total number of council seats that are presently
filled.
Mr. Herrick, City Attorney, stated that, in his opinion, when you
refer to a majority it is three people if you have a five person
council. He stated that if there is a quorum of three persons and
� there is a 2 to 1 vote, under most circumstances, that is
sufficient to pass council business.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 5
Mr. Hunt stated that he felt the Charter Commission's thinking was
the term "majority" was one more than half. He stated that under
Section 3.03 the word "incumbent" was added, so it is clear it is
a majority of the incumbent councilmembers.
Councilman SchneideY stated that he would like clarification on the
intent, as it is not obvious to him what the definition of
�'majority" is.
Mr. Hunt stated that the Charter Commission does not meet until
Segtember, but he did not think the Council had to take action
within a certain number of days after this public hearing.
Councilman Sillings stated that it would take five votes of the
Council to approve the ordinance, and Councilman Schneider will not
be present at the next council meeting.
Councilwoman Jorgenson stated that possibly all members of the
Council would be present at the Suly 6 meeting.
NEW BUSINESS:
2. RESOLUTION NO. 37-1993 RELATING TO THE RECOMMENDATIONS OF THE
REGIONAL SENIOR CITIZENS CENTER TASK FORCE AS PRESENTED ON
MARCH 30, 1993:
Mr. Burns, City Manager, stated that the Task Force has conducted
meetings since September, 1991, regarding the proposed Regional
Senior Center. He stated that public hearings were held in all
four communities in Tanuary, 1993, and the Task Force met with the
city councils in March, 1993 to deliver their final report. He
stated that it is recommended that the Council consider the
recommendation for a Regional Senior Center in two phases, the
conceptual approval and detailed approval. xe stated that at this
time, the detailed aspects are not before the Council for approval,
but only the concept for such a center.
Mr. Burns stated that the justification for a Regional Senior
Center is the inoreasing senior population in the four communities;
to avoid duplication of facilities, manpower and equipment; to
optimize senior resources; and to provide better and more diverse
programming. He stated that this is consistent with the move
toward consolidation of governmental services.
Mr. Burns stated that the limitations associated with the existing
Fridley facilities are that only 2.5 rooms at the Community
Education Center are dedicated to senior programs. Other space
can be reserved, but it is not always available, as it may be
needed for school district uses. He stated that climate control
in the existing facility is not good, the acoustics are poor, the
outdated kitchen makes congregate dining difficult, there is a
conflict with traffic between seniors and latch key children,
FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 6
� parking is inadequate on peak days, and there is a lack of privacy
for client sensitive programs such as legal assistance and the foot
care olinic.
Mr. Burns stated that the Regional Senior Center building proposed
by the Task Force is a little over 22,000 square feet of finished
space and 4,260 square feet of unfinished space. He stated that
the structure would be two levels with the multipurpose room on the
first floor being the dominant facility. He stated that there
would be a fully equipped kitchen, conference space, a
library/lounge, an arts and craft room, and rest rooms also located
on the first floor. He stated that the lower level would house a
game room, billiards room, fitness room, locker space, and rest
room facilities.
Mr. Burns stated that the Task Force identified a site along
69th Avenue in Fridley as the primary location and a secondary site
at the Rice Creek Shopping Center in New Brighton. He stated that
if the city councils approve the overall concept of a Regional
Senior Center, the problems of location will have to be worked out.
Mr. Burns stated that a wide variety of recreational and social
service programs would be offered at the Regional Senior Center
including nutrition programs; exeroise and wellness programs;
� special interest group activities; social service assistanoe such
as Chore Services, respite care, and legal aid; and recreational
programs including cards, day trips, dances, and billiards. He
stated that the Regional Senior Center will offer more adequate
housing for existinq programs and attract more senior
participation. He stated that a larger pool of interests will
enhance chances of diverse program offerings, and staff and
volunteer efforts wi11 help assure better quality programming.
Mr. Burns stated that as far as cost comparisons for a Fridley
Senior Center and a Regional 5enior Center, it is assumed a Fridley
center would be a stand-alone building with about 15,000 square
feet. He stated tha� it is assumed the Community Education Center
site would be available, (although he has not at this time
contacted school officials), and the cost of construction would be
about $81.40 per square foot.
Mr. Burns stated that the cost for staffing a Fridley Senior Center
would be $93,477 as compared to $202,701 for staffittg a Regional
Senior Center. He stated that the construction cost and
Purnishings for a Fridley Center would be $1,263,200 and the cost
for a Regional Senior Center would be $2,045,750. Mr. Burns stated
that the annual operating budget for a Fridley Center would be
$238,309 and $430,394 for a Regional Senior Center.
� Mr. Burns stated that the tax impact for a Fridley Senior Center
would be about $8 per year on a$80,000 home and $10 per year on
a$90,000 home. He stated that the tax impact for a Regional
FRIDLEY CITY COUNCZL MEETING OF JUNE 7, 1993 PAGE 7
� Senior Center would be about $6 per year on a$80,000 home and $7
per year on a$90,000 home.
Mr. Burns requested that the Council consider adopting this
resolution giving conceptual approval for a Regional 5enior Center.
Councilman Schneider stated that this resolution mainly commits the
Council to move forward, but does not legally aommit any fundinq
other than staff time. Ae stated that his primary concern is that
while he supports the ooncept of a Regional Senior Center, perhaps
there should be a time period for this to be accomplished.
Mr. Burns felt that the other cities would be supportive of a time
limit, and that this would be in order.
Councilman Billings asked if the other three communities have
passed a similar resolution.
Mr. Burns stated that New Brighton has passed a resolution, Sprinq
Lake Park will consider the item this evening at their Council
meeting, and Mounds View will consider this issue next week.
Councilman Sohneider asked what the next step in the process would
be if Council adopts this resolution.
� Mr. Burns stated that the most immediate problem is ta resolve the
location issue. He stated that Fridley has taken the lead in
trying to pursue the primary site, and the Metropolitan Council
will be meeting June 17 regarding this site. He stated that he
would foresee the Task Force meeting in the near future to assess
the site selections.
MOTION by Councilwoman Jorgenson to adopt Resolution No. 37-1993.
Seconded by Councilman Schneider.
MOTION by Councilman Schneider to amend Resalution No. 37-1993 by
adding the following: "BE IT FURTHER RESOLVED that if location,
governance issues, funding issues, and other such factors are not
resolved within twelve (12) months of the passage of this
resolution, the City oP Fridley may, at its option, declare this
resolution null and void." Seconded by Councilwoman Jorgenson.
Upon a voice vote, all votinq aye, Mayor Nee declared the motion
carried unanimously.
Councilman Schneider stated that he has concerns relative to the
primary location and overall costs, but he believes the regional
approach is the best way to proceed based on the cost analysis
submitted by Mr. Burns. He stated that he is somewhat frustrated
with the Metropolitan Council. They should be supporting
regionalism instead of beinq an impediment to the Regional Senior
� Center. He stated that if the primary site is not approved, he
would hope to work with the Metropolitan Council to find another
site.
FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 8
' Counailman Schneider stated that he hoped that some of the issues
brought out at the public hearing such as providing day care and
opening the center to more segments of the population would be
considered. He stated that he is com£ortable witri the conceptual
approval, and he would like to give it a reasonable time to
proceed.
UPON A ROLL CALL VOTE ON THE MAIN MOTION, all voted aye, and Mayor
Nee declared the motion carried unanimously.
3. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEI�ID APPENDIX C
OF THE CITY CODE (VACATION REOUEST, SAV #90-02, BY THE CITY
OF FRIDLEY :
Ms. Dacy, Community Development Director, stated that the City of
Coon Rapids has reaffirmed a resolution to the effeat that they are
not in favor of constructing a street. She stated that Mr. and
Mrs. Wetterlind would like additional time ta consult with their
attorney.
Ms. Dacy stated that this ordinance would vacate the right-of-way
for Broad Avenue anfl combine it with Lot 26 to create a buildable
parcel and reserve a bikeway/walkway and access easement.
� Councilman Billings stated that he had a telephone conversation
with Mr. Wetterlind yesterday in which he indicated he wanted some
time to contact his attorney. He stated that the Council has
opinions from the City Attorney that they are proceeding correctly.
He felt, however, that it would be better to delay action if, in
fact, there is some legal reason the Council should not be vacating
this parcel.
MoTION by Councilman Billings to table this item to the July 19,
1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon
a voice vote, all voting aye, Mayor Nee declared the motian carried
unanimously.
4. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STRSETS AND ALLEYS AND TO AMEND APPENDIX C
OF TFiE CITY CODE (VACATION REOUEST, SAV #93-01, BY MARK AND
JEAN SCHWARTZ, AND FRANK AND VALLIE LABANDZ):
Ms. Dacy, Community Development Director, stated that this is a
joint application by the Schwartz's and Labandz's to vacate an
alley along the entire length of their properties. She stated that
the alley is located south of 64th Avenue and east of Old Central.
Ms. Dacy stated that the Planning Commission recommended approval
� of this vacation request with two stipulations. She stated that
another issue is whether a street easement should be reserved in
place of the alley easement. She stated that if the Council
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FRIDLEY CITY COUNCZL MEETING OF JUNE 7, 1993 PAGE 9
chooses not to require retention of a street easemettt, staff has
provided an amended section of the ordinance which would provide
vacation of a five foot street easement recorded and conveyed on
the Labandz's property.
Councilman Schneider stated that he cannot foresee a need for a
stireet easement.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance upon first reading. Seoonded by Councilwoman Jorgenson.
Councilman Billings stated that the ordinance would have to be
amended if the street easement is not required over the east five
feet of Lots 15 and 16, Block 2, Spring Valley Addition.
MOTION by Councilman Billings to amend the above ordinance as
follows: (1) Under Section 1, add the words "and street easement"
after the word "alley" on the first line; and (2) £ollowing Item
B, add Ttem C to read as follows: '�The East 5 feet o£ Lots 15 and
16, Block 2, Spring Valley Addition." Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
UPQN A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
5. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY
CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND
AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD
AVENUE AND LAFAYETTE STREET):
MOTION by Councilman Billings to table this item to the Council
meeting on July 19, 1993. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
6. RESOLUTION N0. 38-1993 AUTHORIZING PAYMENTS TO THE FRIDLEY
COMMUNICATIONS WORKSHOP TO DEFRAY THE COSTS OF CABLE
TELEVISION ACCESS EQUIPMENT:
MOTION by Councilman Schneider to adopt Resolution No. 38-1993.
Seconded by Councilwoman Jorgenson.
Mr. Surns, City Manager, stated that this resolution authorizes
payments to the Fridley Communications Workshop and authorizes
execution of the agreement relating to the purchase of cable
television equipment by the Communications Workshop. He stated
that this payment of $36,600 represents one-half of the funds
received from Nortel as part of their franchise agreement.
Councilman Billings stated that he has been contacted by persons
active in the Communications Workshop who indicated the equipment
is in such a state of disrepair they need more than $36,600.
FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 10
� Councilman Schneider stated that he also has been contactefl. He
felt that this could be studied further, but if there is a problem,
the agreement can be amended by both parties. He stated that his
intent was to determine if there are other potential needs in the
community and not to diminish the work of the Communications
Workshop.
Mr. Hotchkiss stated that much of the equipment is beyond the five
to seven year range, and the $36,600 could probably replace about
half of what is non-functional at this time. He stated that he
has compiled some prioes for the Council's consideration, and he
would be happy to review these figures.
Councilman Billings stated that he received five or six letters
fram different persons who are associated with the Communications
Workshop, and the tone of each of the letters was to request that
the distribution of funds paid by Nortel be used for the workshop.
He stated that the franchise agreement with Nortel does not
specifically state the funds have to be used for the Communications
Workshop.
Mr. Hotchkiss stated that the Communications Workshop services not
only the public but also the government. He stated that in the
franchise agreement it specifically states these funds are to go
� to public, educational, and governmental access. He stated that
Nortel is obligated to repair and replace equipment at the workshop
but not for qovernmental and educational access. He stated tha�
there is concern that Nortel will try to maintain equipment far
beyond its useful life.
Mayor Nee felt that when the Communications Workshop has concrete
proposals the Council may again review this issue.
UPON A VOICE VOTE TAKEN ON THE ASOVE MOTSON, all voted aye, and
Mayor Nee declared the motion carried unanimously.
7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MAY 12. 1993:
A. SPECIAL USE PERMIT REOUEST, SP #93-05, BY SOUND WAVES, INC.,
TO ALLOW COMMERCIAL RETAIL USES IN THE M-2, HEAVY INDUSTRIAL
ZONING DISTRICT, GENERALLY LOCATED AT 7237 UNIVERSITY AVENUE
N.E.
Ms. Dacy, Community Development Director, stated that Sound Waves,
Inc. is a commercial entity which sells and installs automotive
electronic systems. She stated that the special use permit is
needed to allow a commercial retail use in an M-2 zoning district.
She stated that Sound Waves will lease 3,000 square feet, of which
� 1,20o square feet will be retail and a small garage space £or
installations.
FRIDLEY CITY COUNCIL MEETING OF JIINE 7, 1993 PAGE 11
� Ms. Dacy stated that the Planning Commission recommended approval
of this special use permit with four stipulations.
MOTION by Councilman Billings to concur with the recommendation of
the Planning Commission and grant Special Use Permit Request,
SP #93-05, with the following stipulations: (1) the building owner
shall notify the City upon change in tenant use and parking
availability; (2) expansion of the retail use shall require a
special use permit; (3) the petitioner shall install the required
sprinklers for the H-4 occupancy (garage space); and (4) the
petitioner shall install dust collectors if fumes and/or dust is
generated. Seconded by Councilwoman Sorgenson. Upon a voice vote,
Councilman Billings, Councilwoman Jorgenson, and Mayor Nee voted
in favor of the motion. Councilman Schneider abstained from voting
on the motion. Mayor Nee declared the motion carried.
B. SPECIAL USE PERMIT REQUEST, SP #93-06. BY BWBR ARCHITECTS FOR
UNITY HOSPSTAL. TQ ALLQW AN EXPANSION TO A AOSPITAL FACILITY,
GENERALLY LOCATED AT 550 OSBORNE ROAD N.E.:
Ms. Dacy, Community Development Director, stated that this is a
request by Unity Hospital to allow a 22,000 square foot expansion
to their facility in the southeast corner of the property. She
stated that the purpose of the expansion is to consolidate all the
� surgical procedures. She stated that the maintenance garage would
be displaced and relocated on the southwest portion of the
property.
Ms. Dacy stated that a parking lot w4uld be located to the south
of the building and adjacent to the maintenance garage. She stated
that the parking lot would be expanded by 64 stalls in the
northwest portion of the site. She stated that there is adequate
area to meet the parking requirements for this expansion.
Ms. Dacy stated that a concern raised at the Planning Commission
meeting from residents in the area was the traffic leaving the rear
of the hospital at peak hours. She stated that, apparently,
hospital employees exiting to the rear of the facility do not come
to a complete stop at this location and continue out to Lyric Lane
without proper traffic control. She stated that staff has
contacted Anoka County, and they are seriously considering placing
a traffic signal at the northwest portion of this parcel. She
stated that with the relocation of the physician's parkinq, it may
help to relieve some of the traffic on Lyric Lane.
Ms. Dacy stated that the Planning Commission recommended approval
of this special use permit with six stipulations.
MOTION by Councilman Billings to concur with the Planning
� Commission recommendation and grant Special Use Permit Request,
SP #93-o6, with the following stipulations: (1) removal of the
existing and installation of the new underground fuel storage tanks
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FRIDLEY CITY COUNCIL MEETING OF SUNE 7, 1993 PAGE 12
shall comply with the MPCA and £ire code requirements; (2) the
addition shall be constructed of building materials similar to the
existing hospital facility; (3) the petitioner shall comply with
the comments outlined in Scott Erickson's letter of April 27, 1993,
to provide the ponding volume of the roof; provide calculations
establishing the amount of water to be ponded; provide
documentation if the roof is structurally capable of handling the
ponded water and approval from the State Building Code Department;
show temporary erosion control devices; provide information if the
sewer is being relocated from under the expansion area; and install
a valve on the watermain; (4) the petitioner shall submit a
landscape plan which shall include replacement of the following
materials: four spruce trees; four hackberry trees; and 11 oak
trees; (5) the petitioner shall submit a detailed management plan
regarding management of the site regarding loose debris, erosion,
and construction �raffic; and (6) the petitioner shall submit a
lighting plan for the expanded parking area. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
Councilwoman Jorgenson questioned the alternate parking.
Mr. Smith,
physicians
building.
34.
BWBR Architects, stated that the expansion displaces trie
parking area which will now be located in front of the
He stated that the net gain in parking stalls is about
councilwoman Jorgenson asked how many short stay surgery patients
Unity Hospital serves on a daily basis.
Mr. Alberts, Vice President of Unity Hospital, stated they serve
anywhere from twelve to twenty persons a day.
Councilwoman Jorgenson stated that the issue is that there are
multiple uses for the parking area, and persons are parking and
waiting for short stay surgery patients which causes a conflict in
the parkinq lot for those who visit during normal visiting hours.
Mr. Alberts stated that there is additional space available if the
parking lot needs to be expanded.
Councilwoman Jorgenson asked i£ the code requirements would be met,
if the parking was expanded into the green area.
Ms. Dacy stated that if the parking was expanded, they could still
meet the code requirements.
Councilwoman Jorgenson stated that even though the parking meets
code, she felt the parking is not adequate in this area.
� UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously,
FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 13
� C. RESOLUTION NO. 39 - 1993 APPROVING A SUBDIVISION, LOT SPLZT,
L.S. #93-04, TO SPLIT A LOT INTO THREE SEPARATE PARCELS,
GENERALLY LOCATED AT 1601 RICE CREEK ROAD N.E.:
Ms. Dacy, Community Development Director, stated that this a
1.7 acre parcel located ott the north side of Rice Creek Road and
zoned R-1. She stated that the property owner would like ta
subdivide this property into three parcels. She stated that there
are several structures on the property, and Parcel A would be
occupied by the existing home. She stated that the petitioner
intends to remove the older home and accessory buildings. Ms. Dacy
stated that she understands these structures have already been
removed; therefore, this stipulation can be deleted.
Ms. Dacy stated that the Planning Commission unanimously
recommended approval of this lot split request.
Councilman Schneider asked the petitioner if she had any problem
with the stipulations.
Ms. Egan stated that the older structures have been removed and the
property leveled.
MOTION by Councilman Schneider to adopt Resolution No. 39-1993,
� with the following stipulations attached as Exhibit A: (1) a park
dedication fee of $750.00 per lot for Parcels B and C shall be paid
at the issuance of a building permit; (2) one driveway per parcel
shall be permi�ted; (3� a permit shall be obtained from the County
prior to work commencing in the County right-of-way to install curb
cuts and driveways; (4) sewer and water service shall be provided
to Parcel C; and (5) if determined by the City, a conservation plan
and fees shall be submitted prior to the issuance of a building
permit, Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
D. ESTABLISH A PUBLIC HEARING FOR JUNE 21, 1993, FOR A VACATION
REOUEST. SAV #93-02. BY ANDERSON TRUCKING, TO VACATE ALL
EASEMENTS LOCATED IN THE ANDERSON DEVELOPMENT PLAT, GENERALLY
LOCATED AT 7699 CENTRAL AVENUE N.E.:
MOTION by Councilman Schneider to set the public hearing on this
vacation request, SAV #93-02, for June 21, 1993. Seconded by
councilwoman Jorgenson.
Since Councilman Schneider will not be present at the next Council
meeting, the above motion was withdrawn by Councilman Schneider,
with the permission of the seconder, Councilwoman Jorgenson.
MOTiON by Councilman Schneider to set the public hearing on this
� vacation request, SAV #93-02, for July 6, 1993. 5econded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 14
MOTION by Councilman Billings to receive the minutes of the
Planning Commission meeting of May 12, 1993. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
8. RECEIVE ITEMS FROM THE APPEAL5 COMMISSION MEETING OF MAY 18,
1993:
A. VARIANCE REQUEST. VAR #93-06. BY DAN SAMPSON. TO REDUCE THE
SIDE YARD SETBACK ON THE CORNER SIDE OF A CORNER LOT FROM
17.5 FEET TO 7 FEET, AND TO REDUCE THE SIDE YARD SETBACK FROM
10 FEET TO 9.5 FEET. GENERALLY LOCATED AT 6209 SARER AVENUE
N.E.
Ms. Dacy, Community Development Director, stated that the
petitioner, Mr. Sampson, notified staff today by phone that he has
purchased another home in Fridley, and he wishes to withdraw this
application.
MOTION by Councilwoman Jorgenson to receive the report from the
Community Development Director regarding the request by the
petitioner Eor withdrawal of this variance. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
b. VARIANCE REOIIEST. VAR #93-07, BY BRADLEY AND JULIE �UNHAM, TO
REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6.3 FEET.
GENERALLY LOCATED AT 1427 NQRTH DANUBE ROAD N.E.:
Ms. Dacy, Community Development Director, stated that this variance
is to reduce the side yard setback for living area from lo feet to
6.3 feet. She stated that there is an existing single family home
on this property with an attached garage. The petitioner wants to
convert the area above the garage to a walk-in closet.
Ms. Dacy stated that the Appeals Commission recommended approval
of this variance by a 4 to 1 vote.
Councilman Schneider questioned if a fire wall needed to be
installed.
Ms. Dacy stated that she was informed by Clyde Wiley, Mechanical
Building Inspector, that a fire wall is only required within three
feet of the lot line.
MOTION by Councilman Schneider to concur with the recommendation
o£ the Appeals Commission and grant Variance Request, VAR #93-07.
Seconded by Councilwoman Jorgenson.
Councilman Billings felt that once this area becomes living space,
it could be remodeled with bedroom space without coming back to the
Council. He stated that he does not have a real objection to the
FRIDLEY CITY COUNCIL MEETING OF JIINE 7, 1993 PAGE 15
� variance, but he would feel more comfortable if there weren't any
windows.
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.
9. APPROVE JUNKYARD LICENSE RENEWAL FOR SAM'S AUTO PARTS:
Ms. �acy, Community Development Director, stated that Steve Barg,
Code Enforcement Officer, has met with the owner of Sam's Auto
Parts to try and resolve the problems at this location. She felt
that a temporary license for a speaified period of time should be
granted. It has been suggested to the owner, Mr. Giddings, that
a period of three months would be recommended.
Councilman Schneider stated that there is no place for people to
park at this business and, as far as he could tell, people were
parking on the street.
MOTION by Councilman Schneider to qrant a junkyard license to Sam's
Auto Parts for a period of ninety days and direct staff to bring
back a report to the Council at this time with recommendations.
� Seconded by Counoilman Billings. IIpon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
10. APPROVE REALLOCATION OF UNUSED 1991 CDBG HUMAN SERVICE FUNDS:
Ms. Dacy, Community Development Director, stated that the Human
Resources Commission would like to utilize the $1,684.40 in
unexpended 1991 CDBG funds for Southern Anoka Community Assistance
in the amount of $1,496.00 and for St. William's food shelf in the
amount of $188.40.
MOTION by Councilwoman Jorgenson to approve the reallocation of
$1,684.40 of unexpended 1991 CDBG funds to Southern Anoka Community
Assistance in the amount of $1,496.00 and to St. William's Church
in the amount of $188.40. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
11. APPROVE 1993-1994 AGREEMENT FOR PARTICIPATION IN URBAN CORPS
PROGRAM BETWEEN THE CiTY �F MINNEAPOLIS AND THE CITY QF
FRIDLEY:
Mr. Hunt, Assistant to the City Manager, stated that each year the
City enters into a contract with the City of Minneapolis to
participate in the Urban Corps program. He stated that as a
� participant, the City can employ students who have Federal Work
Study Grants to work as interns and the program is subsidized by
the Federal government. He stated that in order to participate in
FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1493 PAGE 16
� the program, it is necessary for the City to contract with the City
of Minneapolis.
MOTION by Councilman 5chneider to authorize the Mayor and City
Manager to enter into the contract with the City of Minneapolis
for participation in the 1993-1994 Urban Corps program. Seoonded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
12. ESTABLISH A PUBLIC HEARING FOR JULY 6, 1993, FOR AMENDMENTS
TO CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER:
MoTION by Councilman Schneider to set the public hearing for July
6, 1993 for amendments to Chapter 2 and Section 4.04 of the City
Charter. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
13. AWARD CONTRACT FOR DESIGN OF WELL N0. 14:
Mr. Flora, Public Works Director, stated that Bruce A. Leisch and
Associates has completed their preliminary analysis for
constructing a glacial drift well in the vicinity of the Locke Park
filter plant. He stated that it is recommended that Council
authorize preparation of final plans and specifications for Well
� No. 14 by Bruce A. Leisch and Associates for an amount not to
exceed $5,000.
MOTION by Councilman Schneider to authorize Bruce A. Leisch and
Associates to prepare final plans and specifications for Well No.
14 for an amount not to exceed $5,000. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
14. RECEIVE PETITIQN NQ. 10 - 93 FdR UPGRADE OF BENJAMIN STREET:
MOTION by Councilman Schneider to receive Petition No. 10 - 93 for
the upgrade of Benjamin Street. Seconded by Councilman Billings.
IIpon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
15. RESOLUTION NO. 40-1993 INDEMNIFYING AND HOLDING HARMLESS THE
STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF
VARIANCES ON S.A.P. 127-342-01 (BENJAMIN STREET1 (STREET
IMPROVEMENT PROJECT NO. 1993-2);
MOTION by Councilman Schneider to adopt Resolution No. 40-1993.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 17
16. RESOLUTION NO. 41-1993 AUTHORIZING THE POSTING OF "NO PARKING"
SIGNS ON ONE SIDE OF CERTAIN MSAS STREETS (5TREET IMPROVEMENT
PROJECT NO. 1993-2):
MOTION by Councilman Schneider to adopt Resolution No. 41-1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
17. RESOLUTION N0. 42-1993 AUTHORIZING THE POSTING OF "NO PARRING"
SIGNS ON ONE SIDE OF CERTAIN MSAS STREETS (BENJAMIN STREET):
MOTION by Councilman Schneider to adopt Resolution No. 42-1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
18. RESOLUTION N0. 43-1993 REQUESTING VARIANCES FROM MINNESOTA
DEPARTMENT OF TRANSPORTATION RULES FOR STATE AIB OPERATION5
TO ALLOW STREET IMPRQVEMENTS WITH VARIANCES FRQM CREST
VERTICAL CURVE AND HORIZONTAL CURVE STANDARDS:
MOTION by Councilman Schneider to adopt Resolution No. 43-1993.
5econded by Councilwoman Jorganson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
19. RESOLUTION NO. 44-1993 AUTHORIZING MUNICIPAL 5TATE AID FUNDS
TO A MUNICIPAL OFF SYSTEM PROJECT - T.H. 47 BITUMINOUS
SIDEWALK, 73RD AVENUE TO 85TH AVENUE (S.A.P. 127-090-031:
MOTION by Councilman Schneider to adopt Resolution No. 44-1993.
Seoonded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
20. INFORMAL STATUS REPORTS:
TCAAP WATER LINE:
Mr. Burns stated that in the pre-Council session, Council discussed
alignment of the TCAAP line on 64th Avenue. He stated that the
Council would seek bids for the water line and booster station.
He stated it is understood that bids for that portion of the
project would have options for asphalt or concrete curb and gutter
so that a final decision can be made as to which would be used in
the reconstruction of 64th Avenue.
BARRICADZNG OF STREETS:
The Council discussed the barricading of streets for such events
as the '49er Days parade, National Night out, and the upcoming
bicycle race.
� MOTION by Councilman Billings to authorize the City Managar to
cause certain streets to be barricaded for the safety and well-
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FRIDLEY CITY COUNCIL MEETINQ OF JUNE 7, 1993 PAGE 18
being of those attending the '49er Days parade, the bicycle race,
and National Night Out. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
21. CLAIMS:
MOTION by Councilman Billings to authorize payment of Claim Nos.
49516 through 49862. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
22. LICENSES:
MOTION by Councilman Schneider to approve the licenses as submitted
and as on file in the Liaense Clerk's Office. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
CARNIVAL LICENSE. '49ER DAYS:
MOTION by Councilman Schneider to grant a carnival license to the
'49er Days for this year's celebration from June 16-20, 1993, and
waive the fee. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
23. ESTIMATES:
MOTION by Councilman Schneider to approve the estimates as
submitted:
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Statement for Services Rendered
for the Month of April, 1993, as
City Prosecuting Attorney, . . . . . . . . . $ 1�,17Q.00
Northwest Asphalt
1451 County Road No. 18
Shakopee, MN 55374
1992 Stree� Reconstruction
No. ST. 1992 - 1& 2
Estimate No. 8 . . . . . .
Project
. . . . . . $ 4,253.20
Seconded by Councilman Billings, Upon a voioe vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 19
ADJOURNMENT:
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
Meetinq of the Fridley City Council of June 7, 1993 adjourned at
10:40 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Approved:
William J. Nee
Mayor