06/23/1997 - 00001646� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCiL
OF JUNE 23, 1997
The Regular Meering of the Fndley City Council was called to order by Mayor Jorgenson at
735pm
PLEDGE OF ALLEGlANCE:
Mayor Jorgenson led the Council and audience m the Pledge of Alleg�ance to the Flag
ROLL CALL:
Members Present
Members Absent
Mayor 7orgenson, Councilman Barnette,
Councdwoman Bolkcom
Councilman Schneider
APPROVAL OF MINUTES:
COUNCiL MEETING, JUNE 9. 1997:
Councilman Bdlmgs,
MOTION by Councilwoman Bolkcom to approve the minutes as presented Seconded by
� Councilman Billmgs Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion
carned unammously
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF
THE CITY OF FRIDLEY MINNESOTA BY MAKING A CAANGE IN ZONING
AI5TR7CTS (REZONING REOUEST. ZOA #97-01:
Mr Burns, City Manager, stated that tlus is the second readmg of an ordmance rezonmg
five properties to the newly created M-4 zomng The properties are Anderson Truckmg,
Everest Properties, Ashton Avenue Property, Fnendly Chevrolet and Kurt Manufacturmg
The rezorungs exclude truck termmals as well as oeher mdustries that require outdoor
storage of matenals, vehicles and equ�pment The rezomngs are bemg implemented for
vacant properties located ad�acent to residential areas Staff recommends Council's
approval of this ordmance
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1099 ON THE
� 5ECOND READING
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FRIDLEY CITY COUNCIL MEETiNG OF JUNE 23, 1997 PAGE z
NEW BUSINE5S
2. RECEIVE THE MINUTES OF TFiE PLANNING COMM�SSION MEETING OF
JiT1VE 4, 1997:
Councilman Billmgs recommended movmg item no 2 from the Consent Agenda
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA.
3. VARIANCE REQUEST, VAR #97-07, BY ONAN CORPORATION TO
INCREASE THE SIZE OF A SIGN FROM 80 SQUARE FEET TO 161 SOUARE
FEET TO ALLOW A CHANGE OF LETTERS ON TAREE EXTSTING SIGNS,
GENERALLY LOCATED AT 14D0 - 73RD AVENUE N.E. (WARD 2):
Mayor 7orgenson recommended movmg �tem no 3 from the Consent Agenda and noted
that she needed to abstam from voting
4. RESOLUTION OF THE CITY OF FRIDLEY. MINNESOTA, DECLAR7NG A
BREACH OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND TWO OTHER PARTIES BY REASON OF THE
NONPERFORMANCE BY THOSE PARTIES OF THETR OBLIGATIONS
TAEREUNDER. AND RESERVING FOR THE CITY OF FRIDLEX THOSE
REMEDIES AS MAY BE AVAIC,ABLE TO IT BY LAW (PROPERTY LOCATED
AT 61ST AVEP+TUE AND EAST RIVER ROADI (WARD 3):
Councilman Bilhngs recommended movmg item no 4 from the Consent Agenda
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENAA.
5. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE
COUNTY OF ANOKA FOR THE RESIDENTIAL RECYCLING PROGRAM:
Mr Bums, Crty Manager, mtroduced the considerat�on of a motion to approve an
agreement between the City of Fndley and Anoka County for the Crty's residenhal
recyclmg program The agreement estabLshes terms for pass through of SCORE funds
from Anoka County to the Crty Terms mclude requ�red residenUal recychng goal of
2,468 tons and a vanety of other provisions relatmg to reporting reqmrements, billmg
procedures, records mamtenance, and a host of general provisions The Crty has been
allocated $76 506 13 m SCORE funds for 1997 The amount �s $1,699 33 less than our
1996 allocat�on Reduction �s based on distriburion of County fundmg among an
mcreasmg number of households m Anoka County 5taff recommends Council's approval
of the agreement
FRIDLEY CITY COUNCiL MEETING OF JUNE 23, 1997 PAGE 3
� APPROVED AGREEMENT BETWEEN THE CITY OF FRIDLEY AND TFIE
COUNTY OF ANOKA FOR THE RESIDENTIAL RECYCLING PROGRAM.
6. APPOINT BRAD SIELAFF TO SERVE ON THE SPRINGBROOK CLEAN
WATER PARTNERSHIP ADVISORY COMMITTEE:
Mr Burns, City Manager, stated that the Crty has received a$29,745 grant to conduct a
water qual�ty study at 5pnngbrook Nature Center Requirements of the grant mclude the
estabLshment of a cittzen advisory committee to rev�ew the pro�ect work plan, oversee
data collechon, coordmate pubhc education and review a final report The Commrttee wdl
consist of two representatives from Blame, Coon Rap�ds, Sprmg Lake Park and Fndley
Mr Burns recommended that Fndley's representatives be Siah St Clair, Natural�st, and
Brad Sielaff, Chur of Fndley's Envuonmental QuaLty and Energy Comm�ssion Councd
is bemg asked to approve the appomtment of Mr Sielaff smce his posmon is one
appomted by Council
APPOINTED BRAD SIELAFF TO SERVE ON THE SPRINGBROOK CLEAN
WATER PAliTNERSHIP ADVISORY COMMITTEE.
7. ESTABLISH A PUBLIC HEARING FOR JIILY 14, 1997, FOR A BEER LICENSE
FOR ORIENTAL HOUSE (WARD 11:
� Mr Burns, City Manager reported that Oriental House is located on the east side of
Umversity Avenue A new hcense �s requued by transfer of ownersh�p Staff recommends
CounciPs approval
SET THE PUBLIC HEARING FOR A BEER LICENSE FOR ORIENTAL HOUSE
FOR JULY 14, 1997.
S. RESOLUTION AUTHORiZING AND DIRECTING THE SPLITTING/
COMBINATION OF SPECIAL ASSESSMENTS ON: LOTS 1& 2, BLOCK l,
OSBORNE COMMERCE CENTER (WARD 3):
Mr Burns, City Manager, stated that the City is bemg asked for the cons�deration of a
resolution authonzmg and directmg the splitring/combmaUon of special assessments for
lots created at the Osborne Commerce Center The property �s located at 193-223
Osborne Road The owner of the two lots �s the Stemer Development Corporation Each
new parcel has three pro�ects outstandmg, wtth a total balance of $46,686 4o owmg SYaff
recommends Council's approval
ADOPTED RESOLUTION NO. 50-1997.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 23. 1997 PAGE 4
� 9. RESOLUTION AUTHORTZING THE ISSUANCE OF $3,910,000 FLOATING
RATE DEMAND COMMERICAL DEVELOPMENT REVENUE REFUNDING
BONDS (RiVER ROAD INVESTORS PROJECTI SERIES 1997; APPROVING
AND AUTHORIZING THE EXECUTION OF A TRUST INDENTITRE, A LOAN
AGREEMENT, AND A BOND PURCHASE AGREEMENT AND VARiOUS
OTHER DOCUMENTS RELATED TO THIS FINANCING (VVARD 3):
Councilman Bilhngs recommended movmg rtem no 9 from the Consent Agenda
THTS TTEM WAS REMOVED FROM THE CONSENT AGEN➢A AND PLACED
ON THE REGULAR AGENDA.
10. APPROVE PROPOSAL FROM ELECTRONIC INTERTORS. INC., FOR
UPDATING SYSTEM DOCUMENTATION FOR COUNCTL CAAMBERS
TECHNOLOGY:
Mr Burns, Crty Manager, recommended approval of a proposal from Electroruc Interiors,
Inc , for updatmg the drawmgs related to winng and mstallatron of telecommumcations
equipment m the Council Chambers Two quotes were received w�th the lowest quote
from Electrorucs Interiors m the amount of $5,100 Work �s being requested m
con�unction wrth past mstallation of remote television cameras It w�ll also faciliYate fiuture
' mstallation of winng £or computers m the Council Chambers The fundmg is not budgeted
and would need to be appropnated by supplemental appropnat�on from the CATV Fund
Staffrecommends Councd's approval
APPROVED THE PROPOSAL FROM ELECTRONIC INTERIORS, INC. IN THE
AMOUNT OF $5,100.
11, CLAiMS:
AUTHORIZED PAYMENT OF CLAIM NOS. 74912 - 75152.
12. LTCENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON F1LE IN THE
LICENSE CLERK'S OFFICE.
13. ESTIMATES:
APPROVED THE ESTIMATE5 A5 FOLLOW S:
Insrtuform Central, Inc
� ]7988 Edison Avenue
Chesterfield, MO 63005
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FRIDLEY CITY COUNCIL MEETING OF JUNE 23. 1997 PAGE 5
Sanitary and Storm 9ewer Repair
Pro�ect No 304
FINAL ESTIMATE
Thomas & Sons Construct�on, Inc
13925 Northdale Blvd
Rogers, MN 55374
1996 Street Improvement
Pro�ect No ST 1996 - 1& 2
FINAL ESTIMATE
Hardnves, Inc
14475 Quiram Dnve
Rogers, MN 553374
Central Avenue Bikeway/Walkway
Pro�ect No ST 1994 - 9
Estimate No 1
Newquist & Ekstrum, Chartered
301 Fndley Plaza Office Buildmg
6401 Umversity Avenue N E
Fridley, MN 55432
Services Rendered as Crty Prosecutmg
Attorney %r the Month of Apn1, 1997
$ 91,445 40
$ 11,628 86
$ 15,746 25
$ 15,533 00
No persons m the aud�ence spoke regardmg the proposed consent agenda ite�ns
ADOPTION OF AGENDA:
MOTIO�N by Councilwoman Bolkcom to adopt the agenda with the add�t�on of Items 2, 3, 4, & 9
from the consent agenda Seconded by Councilman Bamette Upon a vo�ce vote, all voring aye,
Mayor Jorgenson declared the mohon carned unarumously
OPEN FORUM VISITORS:
ANN PRTBULA
Ann Pnbula, 6880 East ltwer Road, expressed thanks to Barbara Dacy for prov�dmg prompt
mformation as a follow up to Ms Pnbula's addressmg the City Council concernmg Crty l�censmg
of contractors Ms Pnbula reported on contmumg safety issues related to work done on their
home by a contractor l�censed by the City The work requires a gas meter be relocated The
contractor offered the use of h�s tools to the Pnbula's recommendmg that they move the gas
meter themselves The Pnbula s declmed, as ttus would be a very unsafe, illegal act The Pribula's
FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 1997 PAGE 6
� have not moved back m theu home to date, and they are not askmg the city for anythmg except to
raise concern over safety issues
Councdwoman Bolkcom suggested that the Pnbula's contact the State Contractor's Dro�sion of
the Attorney General's Consumer Protectton Agency m resolvmg this problem
Barbara Dacy recommended that the Caty document and ident�fy the �ssues surroundmg th�s
contractor, check to see that the work �s up to code and that the correct pernuts have been �ssued
PUBLIC HEARINGS:
14. INTOXICATING LiOUOR LICENSE FOR SUCCESSFUL CONCEPT
AEVELOPMENT, INC. (MAIN EVENT. 7820 UNIVERSITY AVENUE N.E.)
(WARD 3):
Mot�on by Councilman Barnette to waive the readmg and open the public hearmg notice
Seconded by Councilwoman Bolkcom Upon a voice vote tkus pubhc hearmg was opened at
752pm
Iv1r Burns, Crty Manager, mtroduced Ms Wendy Bemcasa, owner of the Mam Event Ms
Berucasa reported that Mam Event will remam the same franctuse as prior, and she �s aware of the
current liquor license requ�rements
1 Councdwoman Bolkcom mquired if the Pohce Department has conducted the appropriate
background checks She saxd that the Crty takes a very firm stand on hquorlfood ratios and holds
a lugh code to the behavior of the businesses' customers
Ms Bemcasa reported that the busmess is ready to open pendmg hcensmg
Councilman Bilhngs mquired ifMss Bemcasa has ever had a liquon c�ense before
Ms Bemcasa repl�ed that she owned property m Ramsey vv�th a hquor business 5he has smce
sold the busmess
MOTION by Councilwoman Bolkcom to close the pubhc hearmg Seconded by Councilman
Barnette Upon a voice vote, all vohng aye, Mayor Jorgenson declared the motion carried
unanimously and the public hearing closed at 7 55 p m
OLD BUSINESS:
15. SECOND READING OF AN ORDINANCE ANIENDING SECTION 11.01 OF
THE CITY CHARTER (PUBLIC UTILITIES):
� MOTION by Councilwoman Bolkcom, to table amendmg Section 11 O1 of the Crty Charter as
tlus requires a unammous vote Seconded by Councilman Barnette Upon a voice vote, all votmg
aye, Mayor 7orgenson declared the motion carrted and the readmg tabled to .Tuly 14, 1997
FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 1997 PAGE �
' 16. APPROVE LETTER OF SATISFACTION BETWEEN THE CITY OF FBiDLEY
AND PARAGON CABLE RELATED TO TAE CABLE TELEVISION
TRANSFER OF OWNER5HIP (TABLED MAY 19, 1997)
Councilwoman Bolkcom clanfied for the discussion that, according to her understandmg of the
CATV franc}used agreement, Paragon Cable �s responsible for the full amount of about $7,300
Mr Knaak, Crty Attorney confirmed we do not mtend to establish a precedent wtth Paragon, nor
does the cable company w�sh to estabhsh a precedent m settling vv�th the Ciry With respect to the
overall settlement �ssue, Mr Knaak suggested the prospects of recovery via a lawsuit on th�s �ssue
could be problemahc The cosYs of pursmng a lawsurt would be greater than the difference m the
settlement amount Mr Knaak advised the settlement is reasonable Paragon has not agreed to
snch a settlement m pnor cases TYus is the best settlement any mumcipality has ever recerved
wrth Paragon Mr Knaak md�cated that he is not opposed to stands on pnnciple, however, there
are times, when the nght thing to do is to settle m a reasonable and favorable manner
Mayor 7orgenson suggested that Paragon agreed to the terms of the Franch�se Agreement,
therefore, she does not support acceptmg tlus settlement
Mr Knaak reported that Paragon does not mterpret the Franchise Agreement the same way as the
Crty therefore this could result m Lrigation Mr Knaak's �ob �s s�mply to recommend the most
� effective way of settling the d�spute
Mr Hunt reported that m the year 2001 the Crty will begm the process of renewmg the &anchise
Tt may be difficult to recover the cost of any litigation tn Yhe Franchise Renewal
Mr Burns clarified the d�sputed amount �s about $2,900 as opposed to the expenses m gomg to
court
Councilwoman Bolkcom suggested that the Crty send a letter to Paragon statmg that the Council
supports the franch�se agreement, once agam requestmg payment of the full amount She asked �f
the City will lose the current offer by sendmg t}us letter
Mr Knaak expla�ned that the concessions haue been made from th�s position He was reluctant to
speculate on the outcome He suggested that Council has taken the issue as far as they can
Paragon's concern is the broader percept�on toward other franchise discussions ihey will conduct
Councdman Billmgs stated that tlus issue has been gomg on for two years Through his
d�scussions wrth other crt�es, agreements were reached for fifty cents on the dollar Councdman
Billings' op�ruon is that Attorney Knaak has already negotiated the best possible settlement, and
the workmg relationstup wrth the cable industry has a value Therefore, Councdman Bdlmgs
recommends votmg for the settlement
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FRIDLEY CITY COUNCIL MEETING OF JUNE 23. 1997 PAGE 8
� MOTION by Councilman Barnette to approve the Letter of Satisfachon between the Crty of
Fndley and Paragon Cable related to the Cable Television Transfer of Ownership Seconded by
Counctlman Billmgs Upon a voice vote two m favor and two agamst, the mot�on failed
ITEMS FROM THE CONSENT AGENDA:
2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JUNE 4,1997:
Councilman Bilhngs recommended movmg rtem no 2 from the Gonsent Agenda
MOTION by Councilman Billmgs to table the itunutes of the Plamm�g Commission meetmg of
June 4, 1997 Seconded by Counc�lwoman Bolkcom Upon a voice vote, all votmg aye, Mayor
7orgenson declared the motion carned unarumously
TABLED THE MINUTE5 OF THE PLANNING COMMISION MEETING OF Ji7NE 4,
1997 FOR POSSIBLE COItREC1TON
3. VARIANCE REOUEST. VAR# 97-07, BY ONAN CORPORATION TO
iNCREASE TI[E STZE OF A SIGN FROM 80 SOUARE FEET TO 161 SOUARE
FEET TO ALLOW A CHANGE OF LETTERS ON TFIREE EXISTING SIGNS,
� GENERALLY LOCATED AT 1400 - 73RD AVENUE N.E. (WARD 2):
Mr Burns, C�ty Manager, reported on the vanance as requested for tluee e�stmg s�gns The
combmed area will be 161 square feet rather than the required 80 square feet The signs were
constructed m 1969 with two changes m lettenng smce this construction The requested vanance
would allow a th�rd change m lettenng The Appeals Comrrussion gaue their unammous consent
to the request at their meetmg of June 11, 1997 5taff recommends Counc�Ps approval
MOTION by Councilwoman Bolkcom to approve vanance request, VAR #97-07, by Onan
Corporation Seconded by Councilman Barnette Upon a voice vote, Mayor Jorgenson declared
the motion carned wrth Mayor 7orgenson abstammg from the vote
4. RESOLUTION OF TAE CITY OF FRIDLEY, MINNESOTA, DECLARING A
BREACH OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND TWO OTHER PARTIES BY REASON OF THE
NONPERFORMANCE BY THOSE PARTIES OF THEiR OBLIGATIONS
THEREUNDER. AND RESERVING FOR THE CITY OF FRiDLEY THOSE
REMEDIES AS MAY BE AVAILABLE TO IT BY LAW (PROPERTY LOCATED
AT 61ST AVENUE AND EAST RIVER ROADI (WARD 3):
Mr Burns, Crty Manager, stated that t}us �s a consideration of a resoluhon declanng a breach of a
� development agreement between the Crty and the owners of property located at 62nd Way and
East River Road Maynard Nielson and Robert DeGudner enYered mto Yhe development
agreement m 1984 Under terms of the agreement, the Crty was to rezone a 3 13 acre parcel
FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 1997 PAGE 9
� located }ust south of 62nd Way and East Rtver Road from R-1 to R-3 The rezorung would have
accommodated construction of 28 attached townhome umts In view of the owners' failure to
constnact the planned development, we are recommendmg that Councd officially declare a breach
of the agreement and duect staff to mitiate rezomng of the property from R-3, general multiple
farruly, to R-1, smgle fam�ly
Councilman Bilhngs met Mr Nielsen m the parlang lot Mr N�elson has requested a discuss�on
wrth the City Council regardmg the proposal However, Mr Nielsen was not present to address
the Council at this time
Councilwoman Bolkcom suggested the rezomng needed to be addressed and recommended
tablmg the topic, mstrucUng cdy stal£to request Mr Neilsen's presence to discuss further
MOTION by Councilwoman Bolkcom to table the discuss�on of this item to 7uly 14, 1997
Seconded by Councilman Bilhngs Upon a voice vote, all votmg aye, Mayor Jorgenson declared
the motion carried and the discussion tabled to 7uly 14, 1997
9. RESOLUTION AUTHORIZING THE ISSUANCE OF �3,910,000 FLOATING
RATE DEMAND COMMERTCAL DEVELOPMENT REVENUE REFUNDING
BONDS (RIVER ROAD INVESTOR5 PROJECT) SERIES 1997; APPROVING
AND AUTHORIOZING THE EXECUTION OF A TRUST INDENTURE, A LOAN
� AGREEMENT, AND A BOND PURCHASE AGREEMENT AND VARIOUS
OTHER DOCUMENTS RELATED TO THIS FINANCING (WARD 3):
MOTION by Councilman Billmgs to adopt ResoluUon No 51-1997 Seconded by Council-
woman Bolkcom Upon a voice vote, all votmg aye, Mayor 7orgenson declared the motm carned
unammously
Mr Burns, Crty Manager, stated that t}us is a$3,910,000 bond �ssue The group �s headed by
Harry Yaffe The bonds are bemg refunded due to exp�ratton and re�ssuance of a letter of cred�t
for F�rst Bank National Associat�on The bonds are �ssued for seven years with an expected A-1
bond ratmg The refundmg has been reviewed by City of Fndley Bond Counsel 7im O'Mara The
City's expenses have been reimbursed The City is only a condurt for th�s issue with no pledge of
"full futh and credit" StafFrecommends CounciPs approval
Councilmember Bilhngs requested that this item be tabled He asked if refinancmg the bonds
would result m a lower mterest rate
Mr Burns reported that there is no new mterest rate The request is simply to update the letter of
cred�t
ADOPTED RESOLUTION NO. 51-1997.
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FR7DLEY CITY COUNCIL MEETING OF NNE 23, 1997 PAGE ]o
� NEW BUSINESS:
17. SPECIAL USE PERMIT REOUEST. SP #97-04, BY JIM RANDER5, TO ALLOW
CONSTRUCTION OF A 3,000 SOUARE FOOT ADDTTION, WHICH WOULD
BRING THE TOTAL LOT COVERAGE OF TAE PROPERTY TO
APPROXIMATELY 50 PERCENT, GENERALLY LOCATED AT 7839 ELM
STREET N.E. (WARD 3):
Mr ILckok reported on special use request for 7839 Elm Street N E allowmg an mcrease m lot
coverage to fifty percent rather than the standard forty percent vanance Property ts zoned M-2,
Heauy Industnal, as are the surrou�dmg areas Mr Randers proposes to construct a 3,000 square
foot add�rion to the bu�ldmg to provide additional space for the assembly of commercial dtsplays
The petit�oner's proposal mcreases the amount of hardsurface area on the property
Staff recommended that the Planning Comnussion deny the request This recommendation was
based on the fact that the proposal does not reduce the amount of ex�stmg hardsurface on the
property, and the petitioner cannot meet the setback and parkmg requirements of the M-2 distr�ct
The Plamm�g Commission voted unammously to recommend approval of the request to the City
Council with the sripulahons recommended by staff The pet�rioner has agreed to completely
reconfigure the sidewalk to reduce the amount of hardsurface on the site (add�tional 44 square
feet) Staff recommends that the City Council concur with the staff recommendation
� Councilwoman Bolkcom mquued on the �mpact of the buddmg in this area
Mr F1ora reported that tlus 3,000 square foot addit�on w�ll not have any �mpact on storm sewer
or street runoff as the area �s overbuilt now
Councilman Bdlmgs mqu�red on the sripulations of future use of the property and wanted to know
if it ts pohcy to file those sripulations Mr Hickok reported that, yes, future owners w�ll also
abide by the standard
Councilwoman Bolkcom mqu�red if there has been an issue of parkmg m the area Mr Hickok
reported that there have not been complamts, however, plamm�g requirements mclude a busmess'
ability to contam the�r parinng requ�rements
Mr Randers addressed the C�ty Counc�l and explamed the need for his business to expand m
order to accommodate lus current busmess
MOTION by Counalwoman Bolkcom to approve Spec�al Use Permit Request, SP #97-04 with
the followmg five stipulations (1) The ]andscape plan shall be amended as follows a Subst�tute
a rubrum maple for the proposed Marshall's Ash, b Add six flowenng crabapples or plums, four
m front and two m the green area m rear, and c Add two addrtional Black Hills Spruce at the
, front (Northwest corner of Yhe buildmg), (Z ) The green area on the east side of the addrt�on shall
not be converted to hardsurface, (3 ) The s�dewalk m front of the bu�ldmg shall be removed as
mdicated m the drawmg "site modi$cations," (�4 ) The petit�oner acknowledges that the site �s
FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 1497 PAGE tt
� defic�ent m parking and future reuse of the buildmg wdl require a tenant with similar or less
park�ng space demands or processmg a special use permit for off-srte parlung, and (5 ) Vanance
Request, VAR #97-05, shall be approved Seconded by Councilman Bdlmgs Upon a voice vote,
all votmg aye, Mayor Jorgenson declared the motion carried unammously
18. VARTANCE REOUEST, VAR #97-05, BY JIM RANDERS, TO REDUCE THE
MINIMUM LOT AREA FROM 1.5 ACRES TO 27,000 SQUARE FEET; TO
REDUCE TAE SIDE YARD SETBACK FROM 20 FEET TO 10 FEET; TO
REDUCE TFIE SETBACK FROM AN ALLEY RIGHT-OF-WAY FROM 40 FEET
TO 39 FEET; TO REDUCE THE REOUIRED NUMSER OF PARKING STALLS
FROM 31 TO 15: TO REDUCE THE PARKING SETBACK FROM TAE SIDE
LOT LINE FROM 5 FEET TO 0 FEET: TO REDUCE TAE PARKiNG SETBACK
FROM AN ALLEY RIGHT-OF-WAY FROM 15 FEET TO 0 FEET; ALL TO
ALLOW THE CONSTRUCTION OF A 3,000 SOUARE FOOT ADDITION,
GENERALLY LOCATED AT 7839 ELM STREET N.E. fWARD 3);
The pet�tioner, 71m Randers, owner of Display Arts, requests that several vanances be granted to
allow construction of a 3,000 square foot adddion to property located at 7839 Elm Street The
proposed addition �s 50 feet by 60 feet City Code requires approval of a special use permrt to
allow an mcrease zn lot wverage to fifty percent Five variances have been requested mcludmg
lot area, side yard setback, setback from the alley, number of parkmg stalls and parkmg setback
� The buildmg ongmally received two variances m 1973 pnor to its construct�on Those vanances
mcluded the zeductions m rear yard and side yard setbacks It �s difficult to develop m the
Onaway distnct wrthout grantmg variances due to the size of the lots The variances requested by
the petitioner are wrthm previously granted requests
Staff recommended that the Appeals Commission deny that portion of the request to reduce the
setback from the alley right-of-way from 40 feet to 39 feet The remaimng vanances are withm
previously granted requests The Appeals Commiss�on voted unammously to recommend
approval of Yhe vanance request to the City Council with the stipulation that Spzc�al Use Permit,
SP #97-04, be approved
MOTION by Councilwoman Bolkcom to approve Vanance Request, VAR # 97-OS 5econded by
Councilman Bill�ngs Upon a votce vote, all votmg aye, Mayor Jorgenson declared the mot�on
carned unammously
19. INFORMAL STATUS REPORTS:
Senator pon Betzold addressed the C�ty Council to provide a bnef overview of this year's
leg�slative session Senator Betzold reported on the pro�ected budget surplus of $2 3 bdlion, and
noted that the Locke Lake Dam Renovat�on Loan was forgrven There is 14 milhon dollars
ava�lable targeted for mdustrial srte clean up wluch the C�ty of Fndley may w�sh to pursue A bill
� restnctmg youth access to tobacco was passed The cnme b�ll has a lot of money for local
mrtiatives covenng overttme costs for officers, weed and seed pro�ects, sex offender commumty
not�fication, D A R E program expans�on, and school-based probat�on m Anoka County
FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 1997 PAGE 12
� Welfare reform was a b�g bill that was passed ttus year There is now a five-year l�fet�me l�mrt
The Tax Bill lowered rates for homestead, rental and commerc�al/mdustnal areas Tax mcrement
financmg continues to be a b�g �ssue at the capital There �s a temporary levy l�md in place wluch
will be deterrruned by August 1 from the Department of Revenue Linuts vv�ll be deteriruned by
current rate, populahon rates, etc Any bill that is passed mcludmg a local mandate w�ll require a
fiscal note ident�fymg what �s to be accomphshed and resources necessary to accompLsh The
educatson fundmg bill was not passed and the legsslation will return to address this �ssue The
Twms stadium �ssue was not addressed A gasolme tax mcrease was passed to provide ass�stance
m flood relief, however it �s not supported by Anoka County Absentee voter bill was not
approved Stronger DWI laws were vetoed The leg�slation will retum m September to address
the stad�um issue Any guidance the Crty Council would hke to present would be greatly
appreciated
Mayor 7orgenson addressed the local school bond �ssues and expressed concern about the
Governor's proposal to fund pnvate education and that tax payers will ultimately foot the bdl for
buildmg maintenance if the Governor's proposal passes Mr Flora expressed lus thanks for
Senator Betzold's' ass�stance on Locke Lake and requested further information on the Brownfield
clean-up program Mr Hunt mquired if the Dimler amendment was el�mmated with the change m
speed l�rrut laws
Senator Betzold reported the amendment was eLmmated
� Counc�lman Billmgs expressed disappomtment m the ]eg�slative session, that w�th the largest
surplus ever, the bill proposed by Mr Novak was not d�scussed further He also expressed lus
d�sappo�ntment m the attrtude oi the leg�slators concernmg setYmg levy ]ntuts for c�ties The city
councils are e]ected to set the�r own budgets and are competent to do a good �ob
Senator Betzold shared the sentiment of Councilman Billmgs and assured the levy limtt ts a
temporary hmrt and requested examples to brmg to the leg�slative session
Councilman Btlhngs also expressed his opmion that the legislation passed for K-12 was a good
program and �s supportive of the efforts of 85 percent of the legislatu�e
Mayor 7orgenson repoRed on 7uly 10, 7 30 p m the Fndley City Council and the Housmg
Redevelopment Authority wdl meet to discuss hghtmg along the Highway 65 causeway
Councdman B�llmgs noted that throughout the City there appears to be busmesses displaymg
merchand�se outdoors m tents and on s�dewalks There does not appear to be a problem at this
pomt m ttme, however, Councdmember Bdlings suggested that staff conduct research on
establishmg gu�de]mes to be moluded m the oode relativa to busmess d�splays of inerchand�se
Barbara Dacy will be mveshgahng this �ssue and reportmg back to the Crty Councd
� Councilwoman Bolkcom mqmred at what pomt will we discuss vacancies on the commiss�ons
Mr Bums answered as soon as possible
FRiDLEY CITY COUNCIL MEETING OF JUNE 23. 1997 PAGE 13
� Counc�lwoman Bolkcom asked if the City Council would l�ke to discuss watenng restrict�ons
Mr 7ohn Flora, Pubhc Works D�rector, replied that the C�ty currently does not have a need to
restnct watenng Fndley has two unfiltered wells to accommodate the summer peak water times
Mr Flora explamed that the best yard water times aze late m the evenmg and early mornmg
ADJOURNMENT:
MOTION by Councilman Barnette to ad�ourn the meetmg Seconded by Councdwoman
Bolkcom Upon a voice vote, all votmg aye, Mayor 7orgenson declared the motion carned
unanimously and the Regular meehng of the Fndley Crty Councd of 7une 23, 1997 ad�ourned at
932pm
Raspectfully submrtted,
����� ����
Debbie Kidder
Secretary to the Gity Council
�
�
�/� ��� �'-�-� ���-•�,• ?�✓
, � �i
Nancy J 7orgenson
Mayor