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04/18/1983 - 00012612.,;x �t� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 18, 198� The Regular Meeting of the Fridley City Council was cal.2ed to order at 7:3D p. m. by Mayor Hee. PLEDGE OF ALLEGIANCE: Mayor Nee 1ed the Couneil and audience in the Pledge of Allegiance to the flag. � ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatriek, Councilman Hamernik, Couneilman Schneider and Councilman Sarnette MEMBERS ABSENT: None PROCLAMATIONS: THE DECADE OF DISABLED PERSONS - 198�-1992: Mayor Nee stated he has issued a Proclamation designating 1983 to 1gg2 as the Decade of Disabled Persons and this is done along with the United Nations observance. LOYALTY DAY - MAY ]_, 198�: Mayor Nee stated he has issued a Proclamation designating May 7, 1983 to be Loyalty Day of the City of Fridley and of the United States. APPROVAL OF MINUTES: COUNCIL MEETING OF MARCH 28. 1983: � MOTIDN by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voiee vote, all voting aye, Mayor I3ee deelared the motion carried unanimously. COUNCIL MEETING OF APRIL 4. 198�: MOTION by Councilman Sehneider to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTIOTI OF AGENDA: Mayor Nee requested the following item to be added to the agenda: "Resolution Requesting An Extensian of the Time Period for Submitting Documents for the Hearing Record Coneerning the Proposed Hazardous Waste Processing Facility in the City of Fridley.�� MOTION by Councilman Hamernik to adopt the agenda with the above addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , COUNCIL MEETING OF APRIL 18. 1Q8� 9PEN FORUM. VISITORS: PAGE 2 There was no response from the audience under this �tem of business. PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MUNICIPAL INDUSTRIAL ➢EVELOPMENT ACT. MINNESOTA STATUTES. CHAPTER 474. AS AMENDED (SAFETRAN SYSTEMS CORPORATION) MOTION by Councilman Schneider to waice the reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. Mr. Inman stated the proposed bond issue is $15D,000 and the original bond issue was $1.5 million. He said they want to expand their current facilities in Fridley to facilitate the transfer of persons which would amount to a 10+ person increase in employment in Fridley. He said they currently employ 211 people and at the completion of the pro�eec they will employ 220 people. MOTION by Councilman Barnette, to close this phase �f the public hearing. Seeonded by Councilman Schenider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: CONSIDERATION OF A REQUEST FOR A LOT SPLIT. L.S. ��82-06. BY KIINZ OIL COMPANY. TO SPLIT LOT 18. A.S. N0. 77. INTO PARCELS A& B. 7�55 AND 7�65 EAST RIVER ROAD (TABLED 9/27/82): Mayor Nee noted that land would have to be set aside for solution of traffic problems in the area. Mr. Flora said the commercial property is to the east of East River Road and south of Osborne Road, where thrifiy bakery is located. He said the original lot split was brought up in September 79B2. There are two stipulations from the Planning Commission and it was also suggested that there be a provision for another 45 foot � street and utility easement along East River Road. EIe said at the last meeting, the Council approved a special use permit for developraent of Parcel B with a railroad car and train station and included a provision for a 45 Foot easement. Mr. Crouch, representing Kunz Oil, said they are willing to grant that easement sub�eet to the following conditions: That the front yard setback of 80 feet be measured irom the westerly property line rather than the easement 1ine; the area within the easement not to be excluded from the calculations of gross parcel use and because they haee a lease until October 1, 198� on Parcel A, that the Pareel A easement would not be effective October 1, 1984 and that some offset he granteti by reason of improvements to the property if there are future street assessments. Mr. Flora said that was discussed last fall and the setback is not a problem; they have been using total property for 1ot coverage and setback criteria. The present zoning is C1-S. PIr. Croueh said the setbacx was not verified and was told that it was 80 feet. Mr. Crouch asked if the ordinance provides for �easurement of the setback from the property line or boundary of easenent. Mr. Herrick said the measure is from the property line an suggested they stipulate the setbaek 35 feet, measured from the easterly boundary of the 45 Foot easement, total of 80 feet from the westerly property line. � �� ��i� COUNCIL MEETING OF APRIL 18. 1983 PAGE � Mr. Herriek suggested the Council also stipulate that ihis is in exchange for granting of the easement and this would be binding and would not be sub�eet to change by future councils; make it a part of the contract and record it. He said this would assure the property owner and future property owners that the setback would be no more than 35 feet from the easement or 80 feet from the edge of the property. Mr. Crouch said that would be acceptable and asked if the proposed building on Parcel B would be located SO feet from the easterly line from East River Road. Mr. Flora said it is shown as 116 feet from the property line. Councilman Fitzpatrick had some concerns that there was not a provision � for a right-hand turn lane on East River Road and that they were going to increase the volume of cars to turn right (going north on East River Road). Mr. Flora said the county has some long range plans for improvements which call for medians and turning lanes. Mayor Nee shared Councilman Fitzpatrick`s concerns. Mr. Herrick assumed the 45 foot easement is meant for purposes of long term solutions to the problems. Councilman Fitzpatrick noted that in the meantime, they won't have anything worse than they have now. He agreed with the stipulations that the gross area be included for purposes of land coverage and the date of transfer of November 1, 1984 if not sooner. Mr. Qureshi said it was hard to define any credit. Mr. Herrick said if there is going to be an assessment, the Council would look at the work that has been done by the private owners and consider that; he didn't think the city should be promising any credit at this time. Mr. Crouch said that the easement is one that will not be exercised until some future time and in the meantime, he would like it understood that the grantir� of the easement is non-exclusive until the roadway might be expanded; that the area includes a driveway which provides access to these two parcels. Mr. Herrick said there was no problem with this. MOTION by Councilman Fitzpatrick to grant the request for a lot split, L.S. Ik82-06, by Kunz Oil Company, to split Lot 18, A.S. No. 77, into � Pareels A& B, 7355 and 7365 East River Road, Fridley, Minnesota, subjeet to the following stipulations: 1. Payment of Park Fee ($635.40); 2. Dedication of 70-foot drainage easement (Oak Glen Creek) on the north side of Parcel A; 3. Building setback minimum would be 80 feet from the present westerly property line; 4. The building coverage for the total area be caleulated on the present area 6efore the street easement is dedicated; 5, The street and utility easement along Pareel A shall be provided no later than November 1, 1g84. Seconded by Councilman Schneider. Upon a voice vote, all votin� aye, Mayor Nee deelared the motion carried unanimously. CONSI➢ERATION OF APPOINTMENT TO ENERGY COMMISSION (TABLED 4/�I/82): MOTION by Couneilman Hamernik to table the appointment to this Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � COUNCIL MEETING OF APRIL 18. 198� PA E ORDINANCE N0. 774 ADOPTING A NEW CHAPTER 217 ENTITLED "CONVERSION CONDOMINIUM REGISTRATION" AND REPEALING OF CHAPTER 217 ENTITLED "CONVERSIDN CONDOMINIUM" OF THE FRIDLEY CITY CODE IN ITS ENTIRETY: MOTION by Councilman Schneider to waive the reading and adopt Ordinance 4k774 on second reading and order publication. Seconded by Councilman Fatzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � NEW BUSINESS: RECEIVE PLANNING COMMISION MINUTES OF MARCH �0. 198�: A RECONR9END APPROVAL OF ENVIRONMENTAL OUALITY CONIMISSION 1983 WORKPLAN: MOTION by Councilman Sehneider to concur with the Environmental Quality Commission 1983 Workplan. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RECOMMEND APPRDVAL OF ENERGY COMMISSION 198? WORKPLAN: MOTION by Councilman Schneider to concur with the Energy Commission 1983 Workplan. Seconded by Cuneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. ITEMS FROM APPEALS COMMISSION MINUTES OF MARCH 22. 1983: C-1 REOUEST FOR VARIANCES TO R�DUCE THE REAR YARD SETBACK AND INCREASE LOT COVERAGE TO ALLOW THE CONSTRUCTION OF A PIEW EULDING AT 7440-7660 P7AIN STREET. BY RICHARD HARRIS: � Mr. Harris diseussed the stipulations and the $5,000 bond to be obtained before starting construction. He disagreed with the surface water draiaage plan. Mr. Flora said this was to make sure that water from the parking lots drain properly and does catch flotables before they get into the system. Mr. Harris further stated that he could not dig up parking lots and lawns. Mr. Rureshi asked about other changes being made ln the parking lot and green area and Mr. Harris said they are not ehanging drainage at all. Mayor Nee asked about holding water on the roof and Mr. Harris said they hold water on the roof and that he also disagreed with the $5,000 bond; that he has owned the property since 1966 and lives in the community. f4r. Qureshi noted that it is a requirement of the ordinance. Mayor Nee and Councilman Hamernik questioned why it was a stipulation if it is part of the ordinanee. MOTION by Councilman Hamernik to approve the variance request to reduce the rear yard setbaek and inerease lot coverage to allow the construetion of a new building at 7'j$0-7760 Main Street, Fridley, Mirinesota with the following stipulations: 1. Designate and adequately screen alI outside storage areas to the north, south and west; 2. Keep the lots free of litter and debris; � �k�9 � '� � COIINCIL MEETING OF APRIL 18. 1983 3• Maintain the hard surfacing; �4. Work with staff on an approved landscape plan; PAGE 5 5. Allow the tenant of Lots 4-6 to park in available parking stalls on either lots 1-3 and 7-10; 6. No building permit will be issued until the landscape and parking plans are approved by the City staff; 7. brainage plans to be worked out with City staff. Seconded b� Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C-2. RE9UEST FOR VARIANCE TO REDUCE SIDE YARD SETBACK AND REDUCE THE FRONT YARD SETBACK TO ALLOW ADDITION AT 6400 CENTRAL AVENUE N.E.. BY WILL HARRIS: Mr. Flora explained the stipulations from the Appeals Commission and said that three more are suggested: Repair and maintain the screening fence; no �unk vehicles be stored on the property; and a$5,000 bond be obtained for this construction. A gentleman, representing Mr. Harris, questioned the reason for the fire wall and Mr. Herrick said it was reasonable when you have zero lot line. The gentleman said their trailers come in on unlawful detainers from the sheriff's department and they are not there longer than two weeks. Mrs. DeMarais said she lives darectly behind the area and felt it was impossible to put all the stuff under cover. Councilman Schneider explained that the trailers could not fit inside but the other things can be stored inside and the vehieles can be stored outside as long as they are licensed vehicles. Mrs. DeMarais said she was not o6,7ecting to the buidling but ob�ecting to the stuff that is out in the open. Councilman Barnette said it cannot be a junkyard and the loose material is to be put into the buiding and mobile homes and traetors and trailers would be stored on the outside. The gentleman said occasionally they get an odd item on unlawful detainer like a boat. Councilman Barnette asked if they conduct a sale. The gentleman said the sheriff conduets the sale right at the site. Mrs. DeMarais said that there was someone living in one of the trailers and Councilman Barnette suggested that the inspector should visit the area. MOTION by Councilman Schneider to approve the variance request to reduce the side yard setback and reduce the front yard setback to allow an addition at 6�ID0 Central Avenue N.E., Fridley, Minnesota, sub�ect to the following stipulations: 1. Add sereening along north, south, and west property lines; 2. Abide by Riee Creek Watershed Dzstricts recommendations; 3. Provide a 15' bikeway/walkway easement along east property line; 4. Work with City staff to complete an approved landscape plan; 5. Stripe the parki�g area for 10' stalls; 6. Bring property parking lot setbacks into compliance with City code; � � � `� � • � • •: 7. No outside storage of wooden craLes; PA E 8. Footings on north side be at a level no greater than 1 to 1 ratio above the sewer pipe; 9. North wall of building be at least one-hour fire rating; 10. No outside storage other than mobile homes, tractors, trailers, and boats; � 11. No storage outside the fenced area; 12. Repair and maintai❑ the screening fence; 13. No ,7unk vehicles be stored on the property. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, t4ayor Nee deelared the motion carried unanimously. C-�. REQUEST FOR VARIANCE TO REDUCE THE REAR YARD SETBACR TO ALLOW THE CDNSTRUCTION OF A BUILDING TO BE USED AS A CHURCH. SY PHILIP RADICHEL FOR GRACE LUTHERAN CHURCH. 460-75TH AVENUE N.E.: Mr. Flora explained the plans, Mr. Sydow said they do not plan to construct the garage as shown on th plans at this time. He said they currently have 105 feet of lilacs running along the south and east property lines and there are apartments to the south side of the property and they intend to maintaia and improve that area. Mr. Flora said that present and future plans satisfy all zoning requirements exeept the south rear setback. MOTION 6y Councilman Hamernik to approve the varianee request to reduce the rear yard setbaek to allow the construction of a building Lo be used as a ehurch, by Philip Radichel for Grace Lutheran Church, A60-75th Avenue � N.E., Fridley, with the following stipulation: That proper screening in the form of hedging be provided along the south property line. Seconded by Councilman Barnette. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. I I L�I MOTION made and seconded to approve Planning Comntiission minutes of March 30, 1983• Carried unanimously. CONSIDERATION OF ENTERING INTO A 5 YEAR AGREEt4ENT TO P7AINTAIN THE SEW�R LINE COMING FROM MOUNDSVIEW THROUGH THE CITY SO THE MAIN INTERCEPTOR CMWCC AGREEMENT N0. 191): Mr. Flora explained that this is an annual agreement and they are changing this to a five-year agreement. MOTION by Councilman Schneider to approve Lhe agreement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. '� /a. COUNCIL MEETING OF APRIL 18. 198� I�:ieL�r7 RECEIVE BIDS AND AWARD CONTRACT FOR REMOVAL AND REPLACEMENT OF MISCELLANEOUS CURB. GUTTER AND SIDEWALK (BIDS OPENED 4/S/8�. 11:D0 AM) MOTION by Councilman Hamernik to receive the bids. PLANHOLDER Halvorson Construction 4227 165th Avenue N.E. Wyoming, MN 55D92 Lindahl & Carlson, Inc. 5�180 Horizon Drive Fridley, MN 55432 Minn-State Curb & Gutter, Corp 6801 West 150th Street Apple Valley, MN 55124 Minn-Kota Excavation, Ine. 3��� - 85th Avenue N. Minneapolis, MN 55443 Concrete Cur6 Company 771 Ladybird Lane Burnsville, MN 55124 Victor Carlson & Sons, Inc. 2246 Edgewood Avenue Minneapolis, NII�I 55426 BOND 5% 5� 5$ 5� 5$ 5% BASE BID $20,345.00 $21,548.50 $z2,995.00 $24,900.00 $29>3oD.0o $32,459.5D Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. Mr. Flora reported that Halvorson Construction was the low 6idder for the replacement of the curb, gutter and sidewalk. MOTION by Couneilman Sehneider to award the contract for the replacement ef miscellaneous curb, gutter and sidewalk to Halvorson Construetion. Seconded by Councilman i3arnette. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. RECEIVE BIDS AND AWARD CONTRACT FOR 198� CURB JACKING PROJECT (BIDS OPENED $/5;83. 11:OD AM): N10TIDN by Couneilman Hamernik to receive the bids. PLANHOLDER Minn-Kota Excavation, Inc. 3�+a� - 85th Avenue N. H]inneapolis, MN 55443 Lindahl & Carlson, Inc. 5�+80 Horizon Drive Fridley, I�AT 55�32 :• � 5� 5� CURB JACKING $4,000.00 $6,000.00 � � � � ' , COUNCIL MEETING OF APRIL 18� 1983 (Bids Continued) Concrete Curb Company 771 Ladybird Lane Burnsville, MN 5512�1 Halvorson Construction �4227 165th Avenue N.E. 47yoming, MN 55092 5k 59 $6,500.00 �a,5oa.00 A E Mr. Flora reported that Minn-Kota Excavatian, Inc, was the low bidder for the curb �aeking pro�ect. MOTION by Councilman Fitzpatrick to award the contract for the curb ,7acking project to Minn-Kota Excavation, Ine, Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SIGN PLANS FOR 7901 BEECH STREET: 7900 MAIN STREET: 100 OSBORNE ROAD AND 7920-54 UNIVERSITY AVENUE N.E.: Mr. Flora reported they contacted the four property owners to submit their sign plans for approval. MOTION by Couneilman Barnette to approve the sign plans. Seconded by Councilman Schneider. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. �7-198� DETERMINING TO PROCEED WITH A PRO.IECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT: REFERRING THE PROPOSAL TO THE COMMISSIONER OF SHE MINNESOTA DEPARTMENT OF ENERGY. PLAPINING AND DEVELOPMENT FOR APPROVAL: AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (SAFETRAN SYSTEMS CORPORATION): MOTION by Councilman Fitzptrick to adopt resolution No. 37-1983• Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. �8-198� REOUESTING LEGISLATIVE AUTHORIZATION FOR ANOKA COUNTY TO CONTINUE IN THE COP7MUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FY : MOTION by Councilman Hamernik to adopt Resolution No. 38-1983. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. �9-198� REOUESTING AN EXTENSION OF THE TIME PERIOD FOR SUBMITTING DOCUMENTS FOR THE HEARING RECORD CONCERNING THE PROPOSED HAZARDOUS WASTE PROCESSING FACILITY IN THE CITY OF FRIDLEY: MOTION by Councilman Hamernik to adopt Resolution No. 39-1983• Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 096G21 - 107Z07. Seconded by Councilman Barnette. Upon a eoice vote, all voting aye, Mayor Nee deelared the motion earried unanimously. �G �� i# �� COUNCIL MEETING OF APRIL 18. 198� LICENSES: PAGE 9 MOTION by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk�s Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted E. A, Hickok & Associates 545 Indian Mound Wayzata, MN 55391 Professional Services, March, 1983 Moore Lake Restoration Project ADJOURNMENT: $2,63�.29 MOTION by Councilman Hamernik to ad,7ourn the meeting. Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the Regular Meetin� of the Fridley City Couneil of April 18, 1983 adjourned at 9:15 P. m. Respeetfully submitted, , �_ � l' �'��c— �� � G=, y��� Debbae Niznik Acting Secretary to the City Couneil Approved: Mav 16, 1983 __ ,,����.�� �it-�_ William � Nee Mayor , � �