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01/08/1996 - 00001866� � � THE MINOTES OF THE REGULAR MEETING OF THE FRYDLES CITY COUNCIL OE JANUARY 8, 1996 The Regular Meeting of the Fridley City Council was ca3led to order by Mayor Nee at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL° MEMBER5 PRESENT: Mayor Nee, Councilwoman Jorgenson, Counoilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, DECEMBER 11, 1995: Councilman Schneider stated that on Page 14, the first line, the insertion of the word "transfer" would better clarify this motion. MOTION by Councilman Billings to amend the first 3ine on Page l� of the minutes by inserting the word "transfer1° between the words 11reserve1° and �'by." Seconded by Councilman Schneider, MOTYON by Councilman Schneider to approve the minutes with the above amendment. Seconded by Councilwoman Jorgenson. �Jpon a voice vote,all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS• 1. ORDINANCE NO. 1061 UNDER SECTION 12.07 OF THE CITY CHARTER a0 VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #95-04. BY GARY HEDMAN) (WARD 31: Mr. Burns, City Manager, sta�ted that a dwelling was cora- structed on top of a ten foot utility easementd and khis vacation is requested to clear title. He s�ated that no public utilities are located in this easement, and the Plan- ning Commission approved the vacation subject to the peti- tioner dedicating a new utility easement and commissioning a survey to veriPy the location of the new easementa WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1061 ON SECOND READYNG AND ORDERED PUBLICATION WYTH THE STIPULATION THAT THE PETITIONER DEDICATS A NEW UTILITY EASEMENT AND SUBMIT A VERIFYING SURVEY. � � FRIDLEY CITY COIINCIL MEETING OF JANUARY 8, 1996 PAGE 2 2, ORDINANCE NO. 1062 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION RE9UEST, SAV #95-05, BY INDUSTRIAL EQUITIES) (WARD 11• 3e Mr. Burns, City Manager, stated that thi5 request is 7Eor the vacation of a drainage and utilbty easement at Northco Busi- ness Park. He stated that if this vacation is approved, a 24 inch storm water pipe would have to be relocated. IIe stated that the Planning Commission recommended approval of this vacation with two stipulationse WAIVED THE SECOND READING AND ADOPTEID ORDINANCE NO. 1062 ON SECOND READING AND ORDERED PUBLICATION WITH THE STIPULATYON THAT THE PETITIONER SHALL MAINTAIN 'PHE STORM WATER DRAINAGE SYSTEM FROM THE MANHOLE LOCATED IN THE SOUTHEAST CORNER OF THE PARRING LOT AND THE OUTLET LOCATED AT THE INTERSECTION OF 73RD AVENUE AND THE EAST UNIVERSITY AVENUE SERVICE ROADe ALSOe TAE EETITIONER SHALL E%ECIITE AND RECORD AGAINST THE PROPERTY A STORM WATER POND MAINTENANCE AGREEMENTD YLA'1' itL'�VUL'�J'1'. Y.S. $y7-Vl, HNL VAI=H' BY ROTTLUND COMPANY. INC. (WARD 11: Mr. Burns, City Manager, statedl that the oriqinal public hearings were conducted July 24 and August 14, 1995. FIe stated that the site plan for this development in the South- west Quadrant has subsequently been revised and includes the following elements: 62 owner-occupied, three-story attached townhomes on the east side of Third Street anci 60 owner- occupied, detached townhomes on the west side of Third Street with a mixture of one and two story units to sell between $90,OD0 and $120,000. He recommended that Council establish January 22, 1996 as the date for the public hearing regarding the revised plans. SET THE PUBLIC HEARING DATE OF JANUARY 22, 1996 FOR THE ROTTLUND COMPANY, INC. REQUESTB. NEW BUSINESS: 4. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRYDLEY, CHAPTER 221, ENTITLED "STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRYCT:" Mr. Burns, City the Stonybrook ' stated that the and Spring Lake by 81st Avenue respectively. Manager, stated tha� �.his ordinance creates Creek Storm Water Improvement Districte He distric� is bounded by the Mississippi River Parlc on the west and east respectively, and and Osborne Road on the north and south, He stated that the City is expected to levy � FRIDLEY CITY COUNCIL MEETING OF JANUARY �. 1996 PAGE 3 $89,o�Q among 328 property owners in this area. He stated that bids were advertised for this project, and construction is expected to begin by mid-February, 1996. �AIVED THE READING AND APPROVE THE ORDINANCE ON FIRST READING. 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMSER 20. 1995: RECEIVED THE MYNQTES OF THE PLANNING COMMISSION MEETING AF DECEMBER 20v 1995. 6. SPECIAL USE PERMIT REQUEST, SP #95-10, BY BWBR ARCHITECTS. INC., FOR UNITY HOSPITAL. TO ALLOW EXPANSION OF A HOSPITAL IN AN R-1. SINGLE FAMILY DWELLING DISTRICT, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E. {WARD 1): Mr. Burns, City Manager, stated that the purpose of this addi- tion is for the creation of an ambulatory care unit. He stated that the size of this addition is 3,750 sguare feetq and it will have no impact on adjacent residentia3 properties. He stated tha't although six parking spaces wi1T be lost, there is space for replacement of these spaces should the City determine that is necessary in the future. He stated that � staff recommends approval of this special use permit with the stipulation that the City reserves the right to require re- placement of the six lost parking spaces. APPROVED SPECIAL IISE PERMIT, SP #95-10, WITH THE STIPULATION THAT THE CITY BHALL MONITOR THE RARRING AND TRAFF%C ON ANYD NEAR THE SITE AND IF THERE IS A PROBLEM, WORK WYTH THE PETI- TIONER TO RESOLVE IT, AND RESERVES THE RIGHT TO REQUIRE RE- PLACEMENT OF THE 8IX LOST PARRING SPACES. 7. VARIANCE REOUEST, VAR #95-35a BY GARY VELISHEK, TO REDUCE �'HE SIDE YARD SETBACK FROM 5 FEET TO 1 FOOT TO ALLOW THE CONSTRUC- TION OF A DECK. GENERALLY LOCATED AT 8112 FAIRMONT CIRCLE N.E. jWARD 31° Mr. Burns, City Manager, stated that this variance is to reduce fhe side yard setbacic from five feet to one foot to allow the construction of a 9 foot by 15 foot deck. Y-Ie sta�ed that the Appeals Commission did not approve the variance to one foot but voted to allow a variance from five feet to three feet which means that the size of the deck must be reduced to 7 feet by 15 feet. He stated tha't there were no objections by surrounding neighbors, and staff recommends concurrence with the recommendation of the Appeals Commission. � GRANTED VARIANCE REQIIEST� VAR #95-35� TO REDUCE THE SIDE YARID SETBACR FROM 5 REET TO 3 FEET TO ALLOW THE CONSTRUCTION OE A DECR AT 8112 FAYRMONT CIRCLE N.E. I�� FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 3996 PAGE 4 � U� 10. I2ESOLUTION NO. 1-1996 DESIGNATING OFFICIAL DEPOS3TORIES FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated it is recommended that Norwest Bank be designated as the City's official depository for 1996. ADOPTED RE80LUTION NO. 1-1996. RESOLUTION NO. 2-1996 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1996° Mr. Burns, City Manager, stated it is recommended tha� Focus News be designated as the officia3 legal newspaper for the city for 1996 and the Star Tribune as the second official newspaper for 1996e ADOPTED RESOLIITION NO. 2-1996. RESOLUTION NO. 3-1996 IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FRIDLEY, MINNESOTA: Mr. Burns, City Manager, stated that this resolution imposes load limits on public streets from March 17, 1996 to May 18, 1996. He stated that trucks weighing more than nine �ons are � totally restricted, and trucks weighing more than four tons are restricted from all but state aid and county aid streets. He stated that school buses are exempt from this requzrement, 11. 12. � ADOPTED RESOLUTION NO. 3-1996. RESOLIITIOI�i NO. 4-1996 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY: Mr. Burns, City Manager, stated it is recommend that Council designate the Director of Public Wor➢cs, John Flora, and the Assistant Public Works Director, Jon Wilczek, as the Director and Alternate Director to the Suburban Rate Authority. ADOPTED YtE80LUT20N NO. �-1996. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated it is recommended that Edward Hervin be appointed as City Assessor. He s�ated �hat Mr. Hervin has a Masteros Degree in Management and Administra�ion from Metro State University and a Bache3or of Arts in Economics from the University of Minnesota. He stated that he is a licensed Minnesota appraiser and a senior accredited Minnesota assessor. His past work experience has been with Washington County, the City of Minnetonka, and Chisago County, as weli as experience in the private sector. L_J � � FRIDLEY CITY COUNCIL MESTING OF JANUARY S 1996 PAGE 5 CONCIIRRED WITH THE FOLLOWING APPOINT'MENT BY THE CITY YdANAGER: Name Edward R. Hervin 13. CLAIMS• Starting Position Salarv Assessor $47,034.24 Exempt per year Starting Date RepTaces Jan. 17, Leon Y996 Madsen AUTHORIZED PAYMENT OF CLAIM NOS. 65801 `dHROUGH 66024. 14. LICENSES: THIS ITEM WAS REMOVED FROM THE CONBENT AGENDA AND P%,ACED Oi5 THE REGULAR AGENDA. 15. ESTIMATES• APPROVED THE FOLLOWING ESTIMATEB: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Coon Rapids, MN 55435-5489 Services Rendered as City Attorney for the Month of NovemberJDecembex°, a_995. o e$3A988.34 No persons in the audience spoke regarding the proposed consen� agenda items. Councilwoman Bolkcom asked that the licenses be removed from the consent agenda. MoTION by Councilman Schneider to approve �kae consent agencla items with the deletion of Item 14, Licenses. Seconded l�y Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addi- tion of Item 14, Licenses, from the consent agenda. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: WARMING HOUSE CLOSINGS: Ms. Patty Phillips, 531 Mississippi Stree�, sta�ed that she would like the warming house replaced at Hayes School, as it is used by FRIDLEY CITY COUNCIL MSETING OF SANUARY 8, 1996 EAGE 6 � a lot of children. She stated that she credits Councilman Billings for bringing up this issue. She asked that Council reconsider a warming house for this location. Councilwoman Jorgenson stated that she has spoken with Gordon Backlund and will meet with �he school district staff to discuss a permanent shelter that could be used in conjunc�ion with recreational activities. She stated tha� the skating season is shortP and there probably will not be another shelter there �his year. She stated that possibly the City couTd work with �he hockey association regarding installation of the warming houses� She stated that she did not receive any telephone calls, as Councilman Billings had, regarding the removal of the warming houses. Councilwoman Bolkcom stated that the plan is to meet with the hockey association and other interested parties. She stated that if the City could share the costs with the school an� some volunteer labor, perhaps from the hockey association, she felt that possibly the warming houses could be replaced. Ms. Phillips stated that she feels the warming houses are important for the children, and she thanked Council for their time. Mr. Greg Potasck, 310 62nd Way, stated that he was one of the in� � dividuals that called regarding the removal of the warming houses and ice skating facilities. He stated that this is no� a hockey issue but an issue of facilities for the citizens of Fridleye He stated that he was happy about the change in Councigwoman Jorgenson's position, as she previously indioated that she would not support the return o£ those warming houses. Councilwoman Jorgenson stated that did not change her position. If Mr. Potasck had listened to her instead of yelling when thex were having a telephone conversation, �e woudl have heard her lou� and clear. Mr. Potasck stated that it is the neighborhood children that are most affected by removal of these warming houses. He urged Council to unite on this matter and fund the facilities. Councilman Schneider asked Mr. Potasck where he would suggest the City obtain these funds. Mr. Potasck stated that, if necessary, the funds shouTd come from Council's salaries. He stated that he works as a volunteer for the Fridley Youth Sports Association and spends hundreds of hours volunteering his time £or youth sport activities. � Councilman Schneider asked if he was representing the Fridley Youth Sports Association this evening. Mro Potasck stated that he was representing them, as he was the Chairperson. He stated that there is $96,000 budgeted for the Cgty Council and, as he understands, for $12,000 the City could have temporary warming houses. � � � FRZDLEY CITY COUN�IL MEETIMQ OP JANU�RS �A 5996 PAGE � Councglwoman Jorgenson stated �hat af �unds we�e �sed ��om ��� Council budget �ha� $12,000 would elimina�e �wo councalmemberso Mr. Potasck stated that he was only answering �he questson on wher� £unds should �e taken for the warminq houses. Councilwoman Bolkcom state� that she woul� s�gges� a�eeting �� ir� �o work out a solution. Councilman Schneider stated that he would agree. He said tha� �he reason the warmbng houses were close� was �eca�se og �ecessa�� budget cuts and the fact that there was some �uestxo� �egar�in� g�e safety of the struc�ures. He s�a�ed �ha� �e �oul� i�vx�e Mr. Potasck to attend the �udget work sessions w�ere decisaons �ave to be made and what may be the tradeoffs. Mr. Potasck s�ate� that he was �old s�ecifgc�ily �hai �he warmx�� houses wexe closed for budget reasonso �e �el� �ha� a we�l ma�aqe� Council could find the funds to provide �ervbces to i�e citgzen� and solve this probleme CounciYman Schneider stated �ha� Counail has made �any �u�geg c�t� which also covered personnel. He felt gha� Mre �a�asck was g�ea�3� oversimplifying the issue, but he ha� no ob�ectio� to wogkin� �o- ge�her �o try to £ind a solution, He poi�te� out, ho�everp ��a� ior non-budgete� atems, a�our-fifths vo�e o� ��e �ounci� a� necessary for expendituresa Mayor Nee stated that the Ci�y would 3ike to mee� an� discuss this issue with the volunteers to try to come up with a solution but not disrup� �he budget processa Mr. Potasck stated that what they want bs Council's support ta re- ogen the warming houses. Councigwoman Jorqenso� sta�ed that Counci� �igg be �aokAn� at a13 ffunds expended towards the secreationa3 programs, Ms. Doreen Halverson, 3a 65-1j2 Way N.�.a stated t�at her neigh�o�- �ood is concerned about the closing o� �he rinks. 5he s�a��d tha� �hey da not have the ice xan� which �as �gevaous�y �oca�ed �ear �edeemer Lutheran Ch�rc� and great3y used �y 'rhE yout�, as wei3 a� adults, She stated that people do cag� �hat �he ri�ks are mo� �herea �ut do not know wha� can be �onee Mr. Tom GYiadon, 713Y Riverview Terrac�r ��aLe� ��at �e wrshe� �Q make a pTea for the warming �ouses to be reopened. �e s�ated tha� he has enjoyed the warming houses a� Hayes a�d S�evenson schools and supports what rias to be do�e to have these reopene�. RENTAL ORDINANCE �CHAPTER 220 OF THE CITY CODE): Ms. Carol Eilola, 6347 5th Street, sta�ed that she resides in �he Village Green apartments and is concerned about the rental ordinance, Chapter 220. She stated that she knows the ordinance was passed to try to protect the landlords, as the City was having � FRIDLBY CITY COIINCIL MEETING OF JANUARY 6, 1996 PAGE 8 problems with rental property. She stated that what is happeninq is if a person calls the Police Department to report a crime or for assistance, they receive a violation. She sta�ed that the majority of the people in the apartments will no longer call �he policea Councilwoman Jorgenson stated that if a person is the victim, �hey should not be receiving a violation. Ms. Eilola stated that one person has received thirteen vioiations and is being evicted. She stated that people are afraid to ca13 the police. She stated that there is another person who has besn subjected to domestic violence, and she will no longer call the police for fear of being evicted. Ms. Eilola stated that she has given her notice and will be moving out og Fridley, as she does not feel safe. Mayor Nee stated that Council will ask staff to determine if the ordinance is being abused and report back to Council. Councilman Billings stated that the circums�ances that Ms. Eilola described were certainly not the intention of the ordinance. He stated that there is obviously some misunderstanding on the part of the tenants, management, or the Police Department. He suggested that a meeting be established with the tenants of Village Green to � meet with their neighborhood officer for their particular area to explain the ordinance and the purpose behind it. Councilwoman Jorgenson sugges�ed that the Crime Prevention Specialist, Julie Swanson, attend the meeting, as it seems there is some victimization. Ms. Mary Ann Walker, 6489 5th Street, stated that she received several violations for calling the police, and she is now losing her apartment because of these violations. Mr. Mark Shirley, 6359 5th Street, stated that one area of this ordinance that concerns him is the penalties. He stated that if charges are brought against you, whether or not you win or lose, it still is a strike against you. He feli that �his was an important issue. OLD BUSINESS: 16, RESOLUTION NO. 5-1996 AUTHORIZING THE TRANSFER OF UP TO 5190,000 FROM THE CLOSED BOND FUND TO THE SOLID WASTE ABATE- MENT FUND (TABLED DECEMBER 1T, 1995 L Mayor Nee removed this item from the table. � Mr. Pribyl, Finance Director, stated that this is a housekeeping item to authori2e the transfer of up to �190,000 to fund the Clean- Up Week. He s�ated that these funds would be used to take care of the unbudgeted portion of that activity. FRIDLSY CITY COUNCIL MEETING OF JANUARY 8, 1996 PAGE 9 � MOTION by Councilman Schneider to ado�t Resolution Na. 5-1996, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye �7. VARIANCE RE UEST VAR 95-31 BY AN�HONY AND JOYCE SWANSON TO REDUCE THE SIDE YARD SETBACK FROM A STREET RIGHT-OF-WAY FROM 17.5 FEET TO .5 FEET, TO ALLOW RECONSTRUCTION OF A GARAGE. GENERALLY LOCATED AT 66D1 LUCIA LANE N.E. (WARD 21 lTABLED NOVEMBER 27.19951: Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that staff was asked to review the advantages and disadvantages of vacating 66th Avenue. He stated that the disadvantages are that the vacation of 66th Avenue would eliminate an access alternative to Lucia Lane should the State or County construct a median in Mississippi Street. gIe stated that in the event a median is constructed at a length that iimits turning movements to Lucia Lane, or to head east on Mississippi Street from Lucia Lane, constructing a connection from Pierce Street to 68th Place would be an al�ernative that would allow residents to get back to Lucia Lanee Mr, Aickok stated that another disadvan�age is the �and �o the � north of Pierce Street is zoned for multi-family and the elimina- tion of 66th Avenue would force tra£fic to use Lucia Lane alone versus using 66th Avenue for east bound traffic. He stated that the vacation of 66th Avenue would also eliminate a shorter right- of-way and a lower street cost when comparing it to the Pierce Street and Lucia Lane connection. Mr. Hickok stated that another disadvantage is that utilities are currently in place in the 66th Avenue alignment, and a right-of- way allows for a combination of both street and utiYities. He stated that although an easement could be reserved, the right-of- way is more efficient. He stated that the official mapping process for the Pierce Street extension is far more lengthy than simply installing the improvements to an existing right-of-way. Mr. Hickok stated that the advantages of the vacation of 66th Avenue are that it creates an interior lot for the petitioners, and they could then construct a double �arage without requirinq a variance. He stated that other advantages to vacation are the adjacent property owners could continue to use the property legally, it increases the tax base to the City, and eliminates the potential of a future road too close to accessory structures. Councilman Schneider was concernecl about the construction and � length of a median that would block or limit access to this area. Mr. Hickok stated that the right-of-way is in place for such an improvement; however, the design and length of the median is yet to be determined. He stated that from information he has received ' ERIDLEY CITY COIINCIL MEETING OF SANUARH 8, i996 PAGE 10 from the County, this intersection improvement would not occur for - five to ten years. Councilman Billings stated that stafP was requested to review the pros and cons of vacating 66th Avenueo He stated that stafg states that the County has plans to construct a median in the future, He stated that if this is the case, there would be public input, but since Mississippi Street is a County road, the decision for the design would be with the County Board. He stated that staff has done a good job of reporting the advantages and disadvantages, but it is up to Council to make a reasonable decision based on the information available. Councilman Schneider stated that 3�is only point is that he believes, generally, the County does gisten to tY�e Council and would not try to block access to the neighborhoods. He stated that it seems to him if greater than a 300 foot median was proposed, the County would have to provide cuts, protected lane movements, or signalization. MOTION by Councilman Schneider to grant Variance Request, VAR #95-31, to reduce the side yard setback from a street right-of-way from 17.5 feet to .5 feet, Further, that this is an extremely unique situation as the variance is to a platted, Pr�ut yet unpaved � right-of-way and while there is a possibility in £he future it could be comple�ed, it is almost conjecture. Seconded by Councilwoman Jorgenson. Councilman Billings asked what the largest variances granted in the past for this type of situation were. Mr. Hickok stated that there was a variance from 17.5 feet to 14.27 feet for a corner lot. Councilman Billings stated that the Appeals Commission has unani- mously recommended denial of this variance request. He stated tha� he is unable to determine the hardship as required by the Minnesota State Statutes. Mr. Hickok said that State Statute requires a hardship related to the physical characteristics of the land. He stated that in this case, �he petitioner desires to build at the loca�ion of an existing garage. Councilman Billings sfated that he believes in the integrity of the zoning ordinance and cannot support this motione CounciYman Schneider asked how many variance requests �he City � received for encroachment in the side yard. Mr. Hickok stated �hat there were severaY, and all side yard variances that were granted were in the range of about fifteen feet. � � FRIDLEY CITY COIINCIL MEETING OF 7ANUAR% �. 1996 PAGE iY Mayor Nee stated that Councilman BillingsB poin� was well taken. He felt, in practical terms, this was an extraordinary situation, Councilman Billings stated that the only thing he �inds unique about this request is that, at this time, the street is undeveloped. He stated that throughout the history of the City, there have always been streets that were undevelopede To grant a variance adjacent to a street merely because it is undeveloped is not the kind of thing he felt the City should be doinge Cour.cilman Schneider stated that there is an existing garage there, and this is only a two foot difference against vacant property, He stated that while he agrees that the integrity of the zoning code is important, the petitioner is making effective use of the garage now. He stated that the alternatives are costly, and it does not make sense to not allow the variance. He stated that a long-time resident wishes to improve his property, increase the tax base, and this seems a reasonable tradeof£a UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, Counciiwoman Bolkcom and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. 18. VARIANCE REQUEST, VAR #95-34, BY ERICKSON OIL PRODUCTS, INC., TO INCREASE THE MAXIMUM SIZE OF A FREE-STANDING SIGN FROM 80 SOUARE FEET TO 126 SOUARE FEET, GENERALLY LOCATED AT 7600 iTNIVERSITY AVENUE N.E. (WARD 3) (TABLED DECEMBER 11, 1995): Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this is a request to increase the size of a free standing sign from 80 square feet to 126 square feet at 7600 University Avenue. He stated that in re- viewing the conditions for a variance, �he petitioner has not met four conditions. He stated that the Appeals Commission has recommended denial of this request and staf� concurs. The petitioner was not present at the meeting. MOTION by Councilwoman Bolkcom to deny Variance Request, by Erickson Oil Products, Inc. Secondecl by Councilman Upon a voice vote, all voting aye, Mayor Nee declared carried unanimously. NEW Bi7SINESS: VAR #95-34 Schneider. the motion � 19. VARIANCE REQUEST, VAR #95-36, �Y DEALERS MANUFACTURING CO.. TO REDUCE THE SIDE YARD SETBACK FROM 20 FEET TO 2.9 FEET TO ALLOW THE CONSTRUCTION OF AN 83 BY 88 FOOT ADDITION TO THE REAR OF AN EXISTING INDUSTRIAL BUILDING, GENERALLY LOCATED AT 5130 MAIN STREET N.E. (WARD 31: Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the side yard setback from 20 feet to 2.9 feet FRIDLEY CITY COUNCYL MEETING OF JANUARY 8, 1996 PAGE 12 � to allow the construction of an 83 foot by 88 foo� addition to the rear of an existing industrial building at 5130 Main Stree£. He stated that when originally constructed, this building was less than five feet from the lot line, and there were variances to allow additions to this structure. Mr. Hickok stated that the Appeals Commission recommended approval of this variance with four stipula�ions which he outlined, as follows: �1) the petitioner shall conduct soi� borings an the area of the addition if con�aminated soil exists. All contaminated soig will be removed from the site prior to issuance of a building permit; (2) the petitioner shall reloca�e the above ground fueS storage tank in compliance with the Uniform Fire Code and all Fire Department permitting requirements; (3) the petitioner arncY the property owner to the north shall execute and record a maintenance agreement against both properties to ensure proper maintenance of both buildings; and (4) the shared driveway west of the addition shall be designed in a manner that provides a safe passage and distance between vehicular travel and tfie building addition, This driveway shali be approved by City staff prior to issuance of a building permit. Councilwoman Bollccom stated that West Central Environmental Consul- tants submitted a letter dated December 27, 1995 responding to the � first stipulation regarding soil contamination. She felt that it may be best for tfie petitioner to discuss the soil borings analysis, as they are in an on-going program for monitoring pollu- tion on the site. Mr. Steve Schwartz, representing Dealers Manufacturing, introduced Jeff Hanra�ty, Project Engineer, from i^7est Central Environmenta3 Consultants. Mr. Hanratty stated that 67 soil borings have been talcen in the last seven years. He stated that contamination below the ground water table interface exists on the western half of the site, including �he proposed building addition footprint. He sta�ed that ground water contamination exists from 30 feet to 70 £eet below lancl surface and cannot be excavated as noted in Stipulation No. 1 due to its depth and volume. He stated that, conseguently, this contamination will be treated using "in-place" methods. Mr. Hanratty stated that in the past, degreasing solvents were used for cleaning parts and dispersed into the sanitary sewer system into a flammable waste trap which leaked. He stated that they are proposing to use a pump out well and are in the process of getting an industrial waste water permit to contain the contamination to their property. He stated that to address fhe soil contamination and ground water contamination on site, a remedial pump will be � installed inside the building to treat the soil and ground water. Mr. Schwartz stated that they woulcd like the first stipulation removed because they have done the soii borings on the property. � � � FRIDLEY CYTY COUNCIL MEETING OF JANUARY �, 1996 PAGE 13 He stated that 67 soil borings have been done on �he proper�y. The report has been submitted to the Minnesota Pollution Control Agency, and he did not want to have to do these borings again. Mr. Hickok stated that he did nof. feel the borings had to be conducted again, but the City would like to see the results andl data. Councilman Billinqs stated that Stipulation No. 1 states that all contaminated soil would be removed from the site prior £o issuance of a building permit. He clarified that this pertained only 'to the addition and "site'� means the specific area of the addition and not the entire parcei. Councilman Billings asked if the contaminants found on the site are the only ones that are at levels necessary for abatemen�o Mr. Hanratty answered in the affirmative. Councilman Billings Minnesota PolTution the problem. asked if they have received a reply from the Control Agency approving theix plan to remedy Mr. Hanratty stated that they have written a report suggesting a remedy, and the Minnesota Pollution Control Agency &�as reviewed their draft of the report. Councilman Billings asked Mr. Hanratty to provide staff with a copy of this letter. Mr. Hanratty reviewed the comments from the Minnesota Pollution Control Agency and their approval of installing a ground water pump system. He stated that they have to respond to those comments and submit a final report. CounciTman Billings stated that the City 3ikes to obtazn assurances that any problems with the site are being addressedo MOTION by Councilwoman Bolkcom to grant Variance d2equest, VAR #95-36, to reduce the side yard setback from 20 feet to 2.9 feet with the following stipulations: (1) the petitioner shall conduct soil borings in the area of the addition if contaminated soil exists. All contaminated soil will be removed £rom the site prior to issuance of a building permit; (2) the petitioner shall relocate the above ground fuei storage tank in compliance with the Uniform Fire Code and all Fire Department permitting requirements; (3) the petitioner and the property owner to the north shall execute and record a maintenance agreement against both properties to ensure proper maintenance of both buildings; and (4) the shared driveway west of the addition shall be designed in a manner that provides a safe passage attd distance between vehicular trave3 and the building addition. This driveway shall be approved by City staf� prior to issuance of a building permit. Furthery to amend ERIDLSY CITY COUNCIL MEETING OF JANIIARY 8. 1996 PAGE Y4 ' Stipulation No. 1 by inserting the word °oadditiona' be�ore the word 1°site." Seconded by Councilman Billings. Upon a voice vo�e, aTY voting aye, Mayor Nee declared the motion carried unanimously. 10. 1996 CITY COUNCIL APPOINTMENTS TO VARIANCE AGENCIES: AND �IST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL i AND JUNE 9. 1996: Mavor Pro Tem• MOTION by Councilman Billings to nominate Councilwoman Jorgenson for Mayor Pro Tem for 1996. Seconded by Councilwoman Bolkcom, There being no further nominations, an unanimous ballot was cast for the appointment of Councilwoman Jorgenson as Mayor Pro Tem for 1996. MOTION by Councilman Billings to re-appoint the same representa- tives for 1996, as were appointed in 1995, to the following agencies: Anoka County Law Enforcemen� Council (1 Representative and 1 Alternate}_ � Councilman Schneider, Representative Councilwoman Jorgenson, Alternate Suburban Rate Authoritv (1 Member and 1 Alternatel: John Flora, Public Works Director, Rep. Jon Wilczek, Asst. Public works Director, Alt. Association of Metropolitan Munici�alitiesa Councilwoman Jorgenson, Delegate Councilwoman Bolkcom, Alternate School District Nos. 13 and 14 Representative: Councilwoman Bolkcom, Representative Councilman Billings, Alternate School District No. 16 Reoresentative: Councilman Billings, Representative Councilman Schneider, Alternate Leaaue of Minnesota Cities: � Councilman Billings, Representative Councilwoman Jorgenson, Alternate � � � FRIDLSY CITY COUNCIL MEETING OF JANUARY 8, 1996 PAGE 15 North Metro Convention & Visitors Bureau: William Hunt, Asst. to the City Manager Seconded by Councilman Schneider. Upon a voice vote, a1T voting aye, Mayor Nee declared the motion carried unanimousTye MOTION by Councilman Schneider to tabie the Commission appoint- ments, direct staff to poll the Commission members to determine if they wish to be re-appointed, and �o provide a Tis� on the attendance. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. LICENSES• MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- man Schneider. MOTION by Councilman Billings to amend the motion by deleting the license for Great Plains Assistance Dogs Foundation, Inc, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEI3 ON THE MAIN MOTION, all voted ayea anci Mayor Nee declared the motion carriecl unanimously, 21. INFORMAL STATUS REPORTS: riIr. Burns, City Manager, stated that during the conference session a representative from MEPC will provide an update on the Lake Pointe site. He stated that he would also like to discuss the drop-in center, which is part of Project Safety Ne�; conclude the attorney selection process; and review proposed liquor store sites. ADJOURNMENT° MoTYON by Councilman Schneider to adjourn the meetinge Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the itegular Meetancy of the Fridley City Council of January 8, 1996 adjourned at 9:22 p.m. Respectfully submitted, Carole Haddad Secretary to �he City Council w����- 64illiam J. Nee Mayor