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08/16/1982 - 00012860THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 76� 1q82 The Regular Meeting of the Fridley City Council was called to order at 7�30 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the council and audience in the Pledge of Allegianee to the Flag. � ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette Councilman Schnezder Councilman Hamernik and Councilman Fitzpatrick MEMSERS ABSENT: None APPROVAI, OF MINUTES - COUNCIL MEETING OF AUGUST 2, 1982: MOTION by Councilman Seneider to approve the minutes of August 2, 19�2 as presented. Seconded by Councilman Hamernik. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following items were added to the agenda: (1) Public Hearing on an On- Sale Beer License for Park Pizzeria and Pasta, 317 Osborne Road; (2) Public Hearing on an On-Sale Beer License for Pizza Town, 7891 East River P,oad; (3) Consideration of Setting a Public Hearing for the Issuanee of Industrial Revenue Bonds for Kuether Distributing Company; (4) Request by the Fire Chief to send a letter of thank you to Totino's and the Knights of Columbus for contributions to the Fire Department; and (5) Request for Band Concert at Moore Lake Park. � MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: PUBLIC HEARING ON VACATION REQUEST. SAV dk82-02, S& R INVESTMENT COMPANY TO VACATE STREET RIGHT-OF-WAY. 5600 4TH STREET, TO ALLOW THE CONSTRUCTION OF A FOUR-PLEX: MOTION by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the publie hearing opened at 7:35 p. m. Mr. Flora, Public Works Director, stated this property in question is located northeast of the interseetion of I-69�+ and University Avenue. 4' a � �T p �r � ; COUNCIL MEETING OF AUGUST 16. 1982 PAGE 2 Mr. Flora stated, in con,7unetion with the vacation request, variances are requested for the front and side yard setbacks, He stated these requests have been approved by the Appeals Commission and recommended, through the Planning Commission, for Council approval with the followang stipulations: (7) the petitioner work with the City on the landscape plan; (2) screen the refuse containers; (3) stripe the outside parking stalls; and (�4) the City retain a 10 foot boulevard easement along the service drive. � Mr. Flora pointed out the parcel of property being vacated allows for a 6oulevard along the service drive so there is not a need for an additional ten feet for boulevard easement in that area. Mr. Flora stated the variance requests are to reduce the front yard setback from the required 35 feet to 30 feet which would line this building up with the rest of the properties on 4th Street. He further stated the side yard variance is from the required 35 feet to 25 feet, but in order to align this structure with the others on the East side of 4th Street, the aariance for the side yard should not be less than 16.25 feet. Mr. Flora stated the recommendation made by the Appeals Commission essentially states the side yard setbaek be in line with the structure to the East side of 4th Street, but not closer than 16.25 feet to the property line. No persons in the audience spoke regarding this vacation request. MOTION by Couneilman Hamernik to close the public hearing. Seconded by Councilman Barnette. ilpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:A�1 p. m, PUBLIC HEARING FOR AN ON-SALE BEER LICENSE FOR PARK PIZZERIA AND PASTA. �17 OSBORNE ROAD: MOTION by Councilman Schneider to waive the readang of the public hearing � notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee deelared the motion earried unanimously and the publae hearing opened at 7:45 p, m. Mr. Inman, City Clerk, stated this public hearing is required by State Law, as there is a change of ownership at this establishment. Mr. Inman stated the background anvestigation has been eonducted by the Public Safety Director and he recommends approval of the license. No persons in the audience spoke regarding this on-sale beer license. MOTION by Couneilman Hamernik to close the public hearing. Seconded by Counexlman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:46 p. m. PUBLIC HEARING FOR AN ON-SALE LICENSE FOR PIZZA TOWN. 7891 EAST RIVER ROAD: MOTION by Councilman Fitzpatrick to wiave the reading of the public hearing notice and open the public hearing. Seconded by couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the public hearing opened at 7:46 p. m. � COUNCIL MEET7NG OF AUGUST 16, 1982 A� GE � MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:46 p. m. Mr. Qureshi, City Manager, stated the ownership has changed at this establishment, therefore, this publie hearing is required. � Mr. Tnman, City Clerk, stated a background investigation was conducted by the Public Safety Director and he recommends approval of the license, No persons in the audience spoke regarding this on-sale beer license. MOTION 6y Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publie hearing closed at 7:47 p. m. OLD BUSINESS• CONSZDERATION OF APPOINTMENT TO APPEALS COMMISSION (TASLED 8/2/82): MOTION by Councilman Schneider to table this item. Seeonded by Councilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE ON VACATION REOUEST SAV #82-02. S& R INVESTMENT COMPANY: MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded by Couneilman Fitzpatrick. Upon a � voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated a letter was received from the petitioner requesting he be able to start construction as soon as possible and to have a building permit issued prior to the second reading of this ordinance. MOTION by Couneilman Hamernak to allow the staff to issue the building permit, prior to the second reading of the ordinance. Seeonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. RESOLUTION dk67-1982 SETTING A PUBLIC HEARING FOR THE ISSUANCE OF INDUSTRIAL REVENUE BONDS FOR KUETHER DISTRIBUTING COMPANY: MOTIDN by Couneilman Schneider to adopt Resolution No. 67-7482 setting the public hearing on this item for September 13, 1982• Seconded by Couneilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 'L'i ! I � COUNCIL MEETING OF AUGUST 16 1982 PAGE RECEIVING THE PLANNING COMMISSION MINUTES OF AUGUST 4, 1982: ITEM FROM APPEALS COt�]ISSION MINUTES OF JUNE 29, 1982: REOUEST FOR VARIANCE TO REDUCE THE FRONT YARD SETSACK AND SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF A FOUR-PLEX AT 5600 4TH STREET BY S& R INVESTMENT COMPANY: Mr. Flora, Public Works Direetor, stated, as discussed earlier in the � meeting, during the public hearing, the variances requested are to reduce the front yard setback from Lhe required 35 feet to 30 feet and reduee the side yard setback from the required 35 feet to 25 feet. Mr. Flora stated, during diseussion by the appeals Commission at the public hearing, it was felt the side yard setback for this strueture should be no closer than 16.25 feet in order to align this building with the other properties on the East side of 4th Street. Mr. Flora stated the Appeals Commission and the Planning Commission both recommended approval of the variances with the following stipulations: (1) the petitioner work with the City on the landscape plan; (2) screen the refuse containers; and (3) stripe the outside parking stalls. He explained a fourth stipulation for a ten foot boulevard easement, therefore, an additional ten feet is not required. Councilman Hamernik asked staff if they were comfortable with a side yard setback of 16.25 feet. Mr. Flora stated the plan for the building provides for a 25 foot setback, however, the Appeals Commission's action was that this structure be no closer than 16.25 feet so it gives the developer some flexibility. Councilman Hamernik stated what he is saying then is, that the building be no closer than 16.25 feet, but it does not have to line up with the other properties. He stated the only reservation he has is if the City has � enough control. Mr. Flora stated, as long as the approval indicates the side yard setbaek should be no closer than 16.25 feet, staff has no problem with it, but they wouldn't want iti any closer. MOTION by Couneilman Hamernik to approve the variances, as recommended by the Appeals Commission to reduce the front yard setback from the required 35 feet to 30 feet and to reduce the side yard setback from the required 35 feet to a distanee not less than 16.25 feet, with the following stipulations: (1) the petitioner work with the City on the landscape plan; (2) sereen the refuse containers; and (3) stripe the outside parking stalls. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ITEM FROM APPEALS COMMISSION MINUTES OF JULY 20. 1982: REOUEST FOR VARIANCE TO REDUCE MINIMUM LOT AREA AND FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF NEW DWELLING AT 625 ELY STREET BY GILBERT MENKVELD: AND RECEIVING PETITION N0. 5-1982 FROM RESIDENT WITH NO OBJECTION TO HOUSE BEING BUILT ON THIS PROPERTY: Mr. Flora, Publie Works Director, stated this property is in the Riverview Heights area and located in the 600 block of Ely Street. � COUNCIL MEETING OF AUGUST 16 1982 PA� He stated the request is for two variances, one is to reduce the minimum lot area from the required 7,50D square feet to 5,500 square feet, and the other is to reduce the front yard setback from the requared 35 feet to 30 feet to allow for the construetion of a single family dwelling. � Mr. Flora stated, during the hearing before the Appeals Commission, six of the neighboring residents spoke agaanst the variances addressing the parking problems, the crowding of the structure on the property, and the adverse effect to the property values in the neighborhood. He further stated, based on the appeals from the residents, the Appeals Commission recommended denial of the variances. Couneilman Fitzpatrick stated there is a recommendation for denaal from the Appeals Commission, based upon neighborhood ob,7ections, however, he belives there was discussion, as reflected in the minutes, about how erowded the strueture would be on a lot of only 5,500 square feet. He stated it should be pointed out the ordinance calls for 7,500 square feet and even this is a reduction for lots of this lu nd plotted before the middle 50's. He stated the requirement for most City lots is 9,000 square feet so it really is a large variance request for only 5,500 square feet. Mr. Mike Malone, 635 Ely Street, stated besides the fact that this is an undersized lot, the house to the East oF this property has already been given a variance so that is a smaller lot. Mr. Malone stated he was also coneerned ahout the water run-off from this lot towards his house sinee he does have water problems. He further pointed out the street is narrow and there is also a parking problem. Councilman Barnette asked if the water running off this lot eomes towards Mr. Malone's house. Mr. Malone stated the roof line of the proposed � dwelling would be bualt towards his house. He explained the lot is lower than the house on the corner of his lot, so it would need fill and cause another problem. Councilman Schneider asked Mr. Malone if he was aware the lot was going up for sale. Mr. Malone stated he was aware it was up for sale, but was told by the City that is was an unbuildable lot. Mr, Dale Diekson, 600 Ely Street, stated this isn't a case where they have someone anterested in improving their property, but where someone will come in and put up a structure and leave. He stated, at the time he purchased his home, he was told it was one building site and didn't feel the rules should be changed. He pointed out this was not a small variance, but from 9,000 square feet required of most City lots to 5,500 square feet. He stated he didn't feel the neighboring property owners should be penalized. Mr, Steve Adelmann, 8080 Broad, stated the proposed strueture would be within 15 feet of his deck and felt it was really too elose, Mr. Mike Geis stated he has lived in the area for 30 years and there really is a parking problem as the street is narrow. He stated the lot next tc him is 50 feet and, if this varianee is approved, the City may reeeive other requests to build on a 50 foot lot. � � '��� p' ��ii� COUNCIL MEETING OF AUGUST 16. 1982 PA E Mr. John Malloy, 8051 Broad, stated his only concern is the parking problem as the street is narrow and in the winter it is hard to get through. Ms. Larson stated when they bid on the lot, they weren't told it wasn�t a buildable lot. She stated if they had known it wasn't a buildable 1ot, they wouldn't have 6id on it. Ms. Larson stated she tried to visit with everyone on both sides of the street to obtain their feeling on the proposed house. She stated, with the exception of those present here this evening, two persons didn't want to voice an opinion and the others signed they didn't have any objections. Couneilman Fitzpatrick stated it should be pointed out the persons who didn't have any ob�ections doesn't include those residents immediately adjacent to this property. He stated the six closest persons to this property do have ob�ections. Ms. Larson stated someone in the City told them this was a buildable lot, but felt this was an honest mistake. She stated after they purchased it, they were told that perhaps it wasn't buildable. Mr. Menkveld stated Ms. Larson is now in a lawsuit with the County over this lot and had them stay the time until after they could cheek with the City. Mr. Menkveld stated there is off-street parking on the lot and the drainage is from the baek of the lot to the street. He pointed out the lot is not in the flood plain, except for a small corner. Mr. Menkveld stated, if the neighboring owners want the lot, he would be delighted to sell it to them for what they have into the lot. He stated the County wants $6,050 for the lot and they have another $6D0 into it. Mr. Menkveld stated someone from the City gave the appraisal for $6,OOD. Mr. Menkveld stated at the auction the auctioneer stated $6,D00 was awful cheap for a buildable lot and that was the reason they bought it. He stated the Appeals Commission has given approval for smaller lots. Mr, �ureshi, City Manager, stated if there are no ob�ections from the staff and neighborhood, the Appeals Commission has the authority to issue an approval for variances on single family lots. Mr. Dickson stated he felt they have some half truths as Mr. Menkveld stated the property was represented to them as being buildable. Mr. Dickson stated, at the County sale of property, they do not make any conditions about the lot, whether or not it is buildable or in the flood plain. Ee stated the comment by the auctioneer saying it is a good price for a buildable lot doesn't, in any way, warrant it as a buildable lot, He explained the persons wishing to buy these properties are responsihle for checking what ean or cannot be done with the property. Mr. Menkveld stated it was stated to them by the City that, if the lot is in the flood plain, some fill would have to be added. He stated they wouldn't have bid on the lot if they hadn't contacted the City first. � r � COUNCIL MEETING OF AUGUST 16, 1Q82 PAGE 7 Mr. Menkveld stated he is willing to lose the $600 they have into the lot, if the neigh6oring residents want to pay the $6,050 to Lhe County. He pointed out the County is now suing Mrs. L,arson for payment of the lot. Councilman Fitzpatrick stated perhaps some additional information has come to the Council's attention during thas discussion, and moved the following: � MOTIDN by Couneilman Fitzpatrick to receive petition No. 5-1982 and to table this item to the next regular meeting on September 13, 1982• Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � The Couneil asked for further information from staff on other similar ineidences and the question of them being told it was a buildable lot. MOTION by concilman Schneider to receive the minutes of the Plannin� Commission meeting of August 4, 1982• Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 66-1982 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 14. 1982 PRIMARY ELECTION: MOTION by Councilman Hamernik to adopt Resolution No. 66-1982• Seconded by Couneilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENTS: CITY EMPLOYEES: MOTION by Couneilman Fitzpatriek to coneur with the Following appointments by the City Manager: NAME Lee Ann Mortenson 10961 Norway St. Coon Rapids, MN 55433 Scott B. Robinson � Robert Brodercik RR 63, Box 94 Northfield, MN 55057 POSITION Office Assist Police Dept. Police Officer Police Dept. EFFECTIVE AS LARY DATE REPLACES $935 August 8, Gale per 1g82 Anderson month $1365 August 23, James per 1982 Hankston month Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deleared the motion carried unanimously. [NR:}� MOTION by Councilman Schneider to authorize payments of Claims No. 204502 through 225N10. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee deleared the motion carried unanimously. Y��N J� �"_, L. COUNCIL MEETING OF AUGUST 16,�982 LICENSES � MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanamously. ESTIMATES MOTION by Couneilman Barnette to approee the estimates as submitted. Herrick & Newman, P.A. 6279 University Avenue, N.E. Fridley, Minnesota 55432 For services rendered as City Attorney for the month of July, 1982 Keys Well Drilling Company 413 North Lexington Parkway St. Paul, Minnesota 55704 Partial Estimate �2 - Repair Well #3 C.S. MeCrossan, P.O. Box A.D. Osseo, Minnesota Inc. 55369 Partial Estimate �2 - Street Improvement Pro,7ect ST. 1982-1 Partial Estimate #2 - Street Improvement Pro�ect ST. 1982-2 $ 2,D75.72 $12,600.00 $22,477.31 $77,823•44 Seconded by Couneilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously. REQUEST BY FIRE CHIEF, BOB ALDRICH� TO SEND A LETTER OF THANK YOU TO TOTINO'S AND THE KNIGHTS OF COLUMBUS FOR THEIR CONTRIBUTIONS TO THE FIRE DEPARTMENT: MOTION by Councilman Schneider to direct the administration to send a letter of thanks to Totino's and the Knights of Columbus for their contribution to the Fire Department. Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously. � � C J COUNCIL MEETING OF AUGUST 16� 1982 �0[�IUNICATIONS : ROBERT SCHROER; OPEN AIR SALES: PAGE q Mr, Schroer stated his intention is to put a tent on the East side of his building for the sale of apples and pumpkins. � Mr. Qureshi, City Manager, stated the staff�s recomnendation is that Mr. Schroer be allowed to put up the tent on a temporary basis, and to have the request for a special use permit processed through the normal procedure. Mr. Qureshi stated, if the Couneil approves this on a permanent basis, under the special use permit, there may be stipulations regarding this use. He further stated if the special use permit is not approved, it is hoped something could be worked out with Mr. Schroer. Mr. Qureshi stated the immediate problem now is the time element so Mr, Schroer is requesting a temporary permit to use the tent. Mr. Flora stated, iF this temporary use is approved, Mr. Schroer will have to contact the Fire Department to obtain a permit for the tent. Councilman Hamernik asked what Mr. Schroer's options would be, if a special use permit were not approved. Mr. Qureshi stated the tent would then have to be removed, but hoped something could be worked out to both Mr. Schroer's and the City's satisfaction. MOTION by Councilman Hamernik to allow the temporary use of the tent for open air sales, as requested by Mr. Sehroer. Seconded by Couneilman Fatzpatrick, Upon a voiee vote, all voting aye, Mayor Nee delcared the motion carried unanimously. ' REOUEST FOR BAND CONCERS AT MOORE LAKE PARK: Councilman Hamernik stated he received a request for a benefit band coneert at Moore Lake Park. He asked the City Attorney for his comments whether this could be allowed, without goin� through the complete process. Mr. Newman stated, in reviewing the ordinanee, he does have some difficulties with it as there is an exception process under paragraph 2 whieh requires there be a wr'itten permit entered into by the public entity that owns the property in this case, the City, where the coneert would be held. He stated, therefore, the City would have to make application. He further stated that Section 508.26 states there would be no entertainment for exhibition in a park or parkway, except those under direction of the Parks and Recreation Department. Mr. Newman stated it would appear the type of activity proposed is not permissible under the City's ordinanees, and there might be a real problem with public safety, Mayor Nee questioned if this activity could be held in Locke Park. Mr. Newman stated the County may have a different exception policy where this could be permitted. � �, j ;�.� y r r COUNCIL MEETING OF AUGUST 16. 1982 PAGE 10 MOTION by Councilman Hamernik to instruet staff to review Ordinanee 22 relating to musie festivals. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Couneilman Hamernik stated he would advise the party making this request to see if it could be held at Locke Park. � ADJOURNMENT: MOTION by Councilman Sehneider to ad,7ourn the meeting. Seconded by Councilman Barnette. Upon a voire vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council oF August 16, 7982 adjourned at 9:00 p. m. Respectfully submitted, J �/ �� ���� '� /� �,�( � ;l,%(�2���'�'��,�r%G(�`"`L, � � Carole Haddad W am J. Nee Seeretary to the City Council M�yor Approved: September 13, 1982 � �