07/01/1985 - 00011890167
THE MINUTES OF THE REG[TLP,R MEEPING OF Tf� FRIDLEY CITY COUNCIL OF
JULY 1. 1985
�e Regular meeting of the Fridley City C�uncil was called to orc7er at 7:35
p.m. by Mayor Nee.
PLIDGE OF AIS,EGIANCE•
Mayor Nee led the Council and audience in the Pledge of Alleaiance to �he
Flag.
� E�LL CALL:
[�NBERS A2FSIIVT: Mayor Nee, Councilman Goodspeea, Councilman
Fitz�trick, Coimcilman Schneider anc3 Counciln�an
Barnette
u� u': �; _ ._. _ a • -
HOME INS[JR�INCE COMPANY' S CEIYrIFICATE OF MERIT TO CITY EMPIAYEES:
Ms. Jaznne Laney, Techrucal Representative of the Loss Control Depar{;ment
for Hane Insurance, presented a oertificate of inerit to the City emr�loyees
for their efforts in reducing accidents. She stated this was the second
award reoeived by the anplcr3ees and the City cair look proudly at their loss
oantrol efforts. She stated she has been working closely with Mr. Hunt tne
g3st three years and the anployees have the support and commitrnent frcxin tYie
adninistrat�.on. She e�ctended congratulatxor,s for a �ob well-done.
APPROUAL OF MINUTES•
OOUNCIL MEETING, JUI� 17, 1985:
� NDTION by Cotmcilman Barnette to approve the minutes as presenteo. Sewndecl
by Coimcilman Schneider. Upon a voice eote, all voting aye, Mayor Nee
declared the motion carned unanimously.
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ADOPTION OF AGEDIDA:
The followiny items were added: Consideration of boulevzrd mowing in
imdeveloped ca�crtnercial and industrial areas and Consic7eration of 4�aiv�ng
1:30 a.m. Evacuation for special eaent at Geoxge's in Friclley.
NDTION by Cnuncilman Schneider to adopt the agenda wii-h the above additions.
Seconded L� Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carned unanimausly.
OPEN FORUM. VISI�RS:
Mrs. Ken Anderson, 132 Rtver Edge Way, presented a petition for remova] of
bushes in the median on East River Road from 61st to 63rd. She stated the
bushes present a traffic hazard and residei?ts woulc7 like then reinoved.
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COUNCIL ME��'ING OF JULY l. 1985
NDTION by Councilman Fitzp�trick to rec�eive �Ztition #14-1985. Seconded by
Councilman Schneider. Apon a voiae vote, all voting aye, Mayor Nee declared
the motion carried unammously.
Mrs. Anderson stated they have talked with the County regarding this
�roblan, haaever, they were advised to contact the City. Mrs. Anderson
statcd ira winter the bushes also support the snaa and creates an even larger
si�t barner. Mayor Nee stated in improving East River Road, it was to
make it safer so the City would take a look at this problen.
PFtOC ATION: �
GREEK HERITAGE WEEK, JULY 1 TIIROUGH 7, 1985:
Mayor Nee issued a�rocl�nata.on proclaiming the week of July 1-7, 1985 as
Creek Hentac3e Week and recognized per�ns of Greek hentage who reside and
conduct their husinesses in the City. He urged all residents to look with
pride on their aan ethmc back.grc�mds.
NEW BUSINESS:
�GINSIDERATION OF FIRST RFIIDING OF AN ORDINANCE RECODIFYING THE FRIDLEY CODE BY
ADOPTING A NEW CHArrF:R 2p8 ENPITL�ED "SATELLITE DISH ANTINNA REGUTATIONS":
Mayar Nee stated he had raised some questions regarding this proposed ordinance
anc7 asked the itan be tabled at this time. NDTION l� Councllman Fitz�trick to
table this it��. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unammously.
2. RECElV1NG THE MINUTES OF THE PIANNING �MMISION MEETING OF JONE 19. 1985:
A. CONSIDERATION OF 5PECIAL USE PERMIT. Sp #85-06 TO ALUJSd OUTSIDE
S�RAGE OF COMMUNICATION COMPUTER DISCS FOR AREA PHONE SYSTEM,
5750 E115T RIVER ROAD , NORTHWESTERN BELL, BY JOSEPH WII7ILEN:
Mr. Flora, Public Works Director, stated this is a request for a special use �
permit on the southern portion of the Georyetown Apartrnents property. He
stated there is a rav of garaaes along this portion of the property and the
petitioner wishes to construct a 16 x 17 foot building for storage of
tele�one equgnent. He stated this building will have a steel door ano
will be leased fran the aaraers of the Georgetaan A�artmenk oom�lex.
Mr. Flora stated, in oon7imction with this special use permit, there is a
reauest for variances. �9r. Fiora statec3 the Planning Con¢nission reoommended
apprwal of this special use permit, with the sti�xil.ations that the e�:tericr
materi�l s be oom��t� b:( e with ad�oiru ng build� ngs and contingent on approval
of the variances YTy the Appeals Cannnission, wtuch thEy had done and would be
cU scussed later in the meetiny.
NDTION 6y Co�mcilman Fitz�trick to grant special use permit, SP #85-06 , to
allcw outsic;e storage of oomm�mication �mputer discs for area �hone system
at 5750 East River Rcac3 with the following stipulation; (1) That tYie
exterior matenals be c�m�tible with the adjoimng builctings. Seconded by
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UOUNCIL L'�ETING OF JULY 1, 1985
Councilman Schneider. Upon a voice vote, z1.1 voting aye, Mayor Nee declareca
the motion carried unammously.
$. CONSIDERATION OF SPECIAL USE PERMIT, SP #85-07 TO ALI,OW OUTSIDE STORAGE
OF MA'�:RrAr,S AND CONSTRUGTION EQUIPMENP I�YP 5, C11BA REFILTY ADDITION,
MAER'PEDIS-ERENNY COIVSTRUGTION COMPANY BY JOSEPH MAERTENS:
Mr. Flora, Public Works Director, stated this as a request for a speciu�] use
' permit to allaa outside storage on property located off Nlain Street behind
Raffele's. Ee stated this property, as well as the surrounding land, is
zor�ed M-2.
Mr. Flora stated the petitioner plans to oonstruct an off�ce/warehouse and
store oonstruction equignent in the yard in back. He stateca the Plannang
Conunission reconunended apprwal of this request with five stipulations wh�ch
he outlined pertaimng to a landscpae plan; fencing and screening; drainaae
plan; refining of site glan; and a$25,000 performance bond or letter of
crecht.
Mr. Flora stated staff would like to suggest an adciitional stipulation that
the building elevations be supplied with indications of architectural
character and appropriate building materia].s.
Mr. M�ertens, the petitioner, stated he didn't have a problem with the
stipulations as most of them are stanciard since they have to meet the
requirsnents of the City aode. He dichz't feel the stipulation reconunendeci
by staff had ariything to cb with grantinG the speczal use �ermit, as any
exterior buildiny elevations will have to rneet the surxounding area
criteria.
NDTION by Coundilman Good.G�eed to grant special use �rmit, SP #85-07, with
the follaaing stipulations: (1) petitioner work with staif to complete an
� approved landscape plan inclucl�.ng planting aro�md storage yard; (2) entire
storage area to be fenced, with an eight foot high fence and screened w�th
approveci vinyl or wood slats and vines and fenoe to be eiyht feet high; (3)
— petitioner work with the Engineering Depaxtment to complete an a�pxoved
drairx�ge plan; (4) site plan to be refined to meet code and reviewed with
staff; (5) a$25,000 performanae bond or letter oi credit be supplied prior
to issuance of a building permit; and (6) building elevations to be
supplied, with indications of architectural character and appropriate
builcung materials. Seaonded l� Councilman Barnette. Upon a voice vote,
all voting aye, NL�yor Nee declared the motion carned unammously.
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C. REViEW OF SPECIAL USE PERMIT. SP #84-20 � ALL�OW COI�7PINUATION
OF A MOBILE HOME SALES LOT UDIDER NEW NIANAGEMENT. 7625 VIRON
I2flAD N.E.. BY RA1�IDY GROHIVRE:
Mr. Flora, Public Works Director, statec� this special use permit was
agproved in 1984 with the reqmrement it be reviewed by the Plann�ng
Cottcnission at their meet�.ng in June, 1985. He statea the items that r�ec� to
be addressed, which have not been o�mpletea, are the filing oi a drainage
easement with the County and City and bringing the existir�g sign into
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compiianoe with the oode. Mr. Flora statea the a,mer is in the process of
obtaimng the r��ssaxy sicp-�atures fox the drairage easement and a variance
has been rea,uested for the sicy7.
h�r. Flora stated the Planning Commission recommended, in regard to this
special use pexr.�it, the filing of as arairt3ge easement with the County and
City �e acoomplishec] within ten days of the Council's meeting on July 1,
1985 and that th� existiny siyn must be brought into compliance with the
sic� �de and ranwed or re-erected within 60 days of the Co�cil's July l,
1985 meeting.
Mr. qureshi, City t+lanav,er, stated the reason for this review is because the
mobile hcme sales is an interim use af the property. He stated eventually
chere probably will be structures built on this �ar�l.
NDPIDN by Councilman Schneic3er to oontinue special use permit, SP #84-20, to
allaa continuatian of a mobile hane sales lot at 7625 Viron Rd. N.E., with
the stiptalations that (1) filing of the drainage easement with the County
and City be accompiished by August 1, 1985; (2) the existing sicyi be brought
irito oom�liance with the sicyi oode and renwed or re-erected k� Septanber 1,
]985; and {3) staff continue to reviECa compliance with the original
sti�wlatzons on this special use permit and report any violations to ti�e
Counc3l withui the r�e�tt year.
The motion was :zoonded by Councilman Barnette. Upon a voice vote, all
voting aye, Nx�yor Nee declared the notion carned unammously.
P.. CONSIDERATION OF SETPING PUBLIC HEFIRING FOR JULY 15, 1985 ON
THE MATTER OF VACATION, SAV #85-05, TO UACATE SPREh'P RIGH`i�OF-WAY,
PART OF 63RD AVENUE, BY TE� C. SHIRLEY:
NDTIOtd by Gouncilman Goodspeed to set th public hearing on this vacation
rEquest fox July 15, 1985. Seoonded kry Councilman Schneider. Upon a voice
vote, all vating aye, N,aycr Nee deelareci the motion carried unammously.
F. ITEM FROM THE HUMAN RESOURCES COMMISSION MEEi'ING OF JUNE 6, 1985:
E-1. CONSIDERATION OF ENDORSEME�NP OF RECOP'�'IETIDP.TION OF THE
HDMAN RESOUFtCES COMMISSION RDC'�ARDING ALIDCATION OF
CDBG FUNDS TO HUMAN SERVICE ORG�II�TIZATIONS:
Mr. Mi.nton of the H�nnan Resources Cmrmiission stated Council has a menorand�un
regarding the Commission's recommendation for allocation of Community
Developnent Block Grant fimds.
P7r. Mi.nton stated in reviRaing allocations for these funds, in past years,
the Co�ission received information f rom all applicants according to a
series of questions. He statec� this year the Commission met with all
urgamzat�.ons r�uesting fimding and, at a separate meetiny, voted on the
�llocation:�.
Mr. Minton staced Southern Anoka Community Assistance received a high
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COUNCTL MEETING OF JULY 1, 1985
priority, as well as the Anoka Coimty Catun�ity Action program. rie scated
there were three munseling aqencies applying Eor fi.mds and more was c,ivet�
to the agency closest to Fridley and who served children. He staLec they
tended not to approve funding for salaries. IIe stated SACA xeouestec;
ftmding for �laries, but changed the rec1uest for Punc,�.ng for f000 zt�ns.
Councilman Barrette stated Ed Wilmes had contacted him regard� ny the Sslanc]s
� of Peace request for f�nzd�.ng s�ne salaries which was not recomnlended Lor
apprwal. He stated he explatnec7 to him t17at i�;nding was not ��iven far
salaries and Mr. Wilmes had pointed aut SACA received iundirig for �laries.
Mr. Minton stated, as mentioned earlier, this has been changed. He starecl
the Commission stated that the funas were nat to be used for salaries, but
for other goods to be given to the medy.
Coinlcilman Schneider stated thexe was a rather cirastic cut for the Senior
Citizens which he asked Mr. P4inton to ea�plain. Mr. Minton stated most oL-
tne amolmt requested was for ftmding of a scaff �lary, which was declined;
haaEVer, tY�e eqw.pnerit for the wngregate dining program they felt usePul
and should he fimded.
Councilmari Goodspeed stated he wished tc, commend the Himian Resources
Conunission for the rew and improved method of oetermiru.ng haa funds sho��lu
Iz allocated. He stated he dic�'t receivE a single call frauu anyone ai.d
thought everyone felt they had a fair chance to present their case this
year.
NDTI�N by Councilman Goodspeed to accept the recommendation of the Human
Resources Commisszon for the allocation of 1985 C�G Funds to the fallowi��y
HLUnan Service Orcpni.zations: Southern Anoka Cw[unu�iity Assistance, $5,000;
The Alexandra House, $3,000; Anoka County Cap, Inc., $4,388; North Suburbar,
Consvner Advocates for the Handicapped, $550; Fr�dley Semor Citazen Cei�ter,
� $500; Central Center for Fami].y Resour�s, $3,000; Fami7.y Llfe P9ental Heal�.h
Center, $1,369; and Nox'th Suburban Famil.y Setvio�d Center, $1,369.
Seoonded l� Councilmari Fitzp�trick. Upon a vcice vote, all votiiay aye,
Mayor Nee declared the motion carried unammously.
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F. ITEMS FROM APPEALS COM[dISSION MEETING OF JUNE 11, 1985:
F-1. COb7SIDERATION OF VI�RIANCE RE9UEST TO INQ'�SE
MAXIMUM ALSAWP,BLE SQUARE FOdrAGE OF 1� SIGN,
7625 VIRON ROAD N.E., BY PRESIDE�FP OF MOBILE
HOME USA:
Mr. Flora, Public Works Director, stated this is a requesL for a variarice i�o
retain an existing sign of 300 square feet, as opposecd to the code
re�uirenent of 80 square feet. He stated the hardship stated w�s che siyzi
has t�een in ex�.stence for approx�.mately i5 years ana without it, tiie lo� has
mirum�i a�,peal as a retail sales lot and tl�e c3esire to rent by any recail
mobile hane merchand�.ser is dimimshed.
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COUNCIL MEETING OF JULY 1. 1985
Mr. Flora stated, prior to 1972, this sicyl was classified as a billboard.
I3e stated in 1972, C�stle Mobile Hanes lea`ed this property and petitioned
the City tc kee� this as a business sia� and was �,rarited a vanance with the
stipulation the variance was onll a�+�roved for Castie Mobile Hanes. He
statec� sinoe that time, the mobiie homE lot has had several tenant changes,
but has always been a sales lot.
Mr. Flara stated the A�peals Conunission recommended demal of this variance.
M?TIDN by Cowzcllman Schneider to ooncur with the �a[urnous recommendation '
of the A�peals Coirnnissian and derty this variance to increase the maximwn
allaaal�ie square footage of a si� frcm 80 s�uare feet to 300 square feet at
7625 Viran R�d P1.E. Seoonded 1� Councilman Fitz�atrick.
Mr. Richard Danohoo, attorney representing the aaner, Mr. N?axwell, stated
the szgn has t�een there since the late 60's and Mr. MaFCwell has been
involved with this property sinc�e that time. He stated, as far as he lmaas,
the sign was never classitied as a billboard. He stated the previous
ter�ants have always fe7.t the siyn was essential for that business. He
statecr both Viking Chearolet and L�npert Lunber have signs larger than the
code, and there are other l�usinesses who have signs much more tnan 80 square
feet. He felt the sign should be allcxaed and the variance granted. He
stated, as lona as it is being used for the purg�oee for which it was built,
the use of t��e sign should be allaaed to oontinue.
Councilman Schr�ider stated the original vanance was granted to a specific
oomgx�ny that is no longer o�erating on this property. He stated, when the
special use permit was issued last year, the stlpulatiora was that the sign
be brought into oompliar?c�e. He stated there are tzao other mobile home lots
which operate in the area tY!at have substantially snaller sic�s.
Mr. I�onohoo stated there are still sicy�s in violatian of the oode where thc�
exceed 80 square feet. Councilman Schneider stated one exceeds it by 150
* and another I� 200, but this exceeds the r�uiranent l� almost 300�. �
Mr. Donohoo stated the sign has been there a long time and should be
grandfather, as it is a very e�cpensive si�.
Councilman Schneider asked why they agreed to the stipulations when the
special use permit was granted.
Mr. Donohoo �tated the City is asking for a drainage easement on the
property that wiJ.l interfere with te developnent of the property. He stated
they are willing to c�rant the utility easement, which goes through tl�e
middle of the kz�ck half af the property, if thEy could have the sicy7.
Nir. Qureshi, City Mar�ager, stated the City didn't construct that utility,
but is on7.y ma�.ntaiiung it. He statea if thEy want it back, the City would
not ob7ect.
Mr. Donohoo stateci he felt, in the fut�zre, the property will develo�i iri some
other w�y. He statec� Mr. Ma�aell's lease depends on the variance being
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* As corrected by C�ty Council an P'eeting of July 15, 1985.
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ODUNCIL MEETING OF JULY 1, 1985
granted. He stated the leas� is for two more years and if thEy had to erecL-
a r�ew sic� for this period, it would be very expensive.
Mr. NL3�re11, owner of the property, statecl if the property develops xn
another maru�er, whatever sic� that may be installed nav, would aaain have to
be rena�ed. He felt it would behcwe the Cau�icil to ac�vertis�e the busaness
naa being conducted until such time that lwsiness is no lonqer �ractical or
profitable to he operated fran this property.
� Cotmcilman Schreider stated the� had years r.o bring the s1cp7 into cx>m�iiance
since Castle Hanes mwed out. He statea when the special use �ermrt was
issued last year, it was agreeol the s�.cyi wa�ild be brouqht into cbmpliance.
Cowicilman FitzFatrick stated his remllection is the sicy� isn't being usea
for the purpose for which it was built. He stated ic had been a billboard
and, as billboards began cv.sappeariny in Fradley, this one l�came a sicy�.
b'L�yor Nee stated he is generally in favor af sigas, but felt this one was
pretty large.
Pir. Donohoo asked if the varianoe cou].d be grunted fox the ranainder of the
leaae or two ya�rs. Co�cilman Schneider s-tai.ed he would generally go along
with this, haaever, a year ago it was statec� tiue sic� wo�il.d be brouyht into
compliance and this hasn't been done. He stated he didi�`t have any
oonficience that it would be renwed at the end of the lea�e.
I�7r. Ibnohoo stated the sicgi has been there 15 to 2Q years and felt i�_ was
imder the granc7Father clause. Councilman Srhnelder stated, even if it was
legally grandfathered, they agreed to bring the sic� into campl�anc�e.
Nlr. Ibnohoo stated his reaollection was thcy agreea to apgly for a varianc�,
not that the3 would reduoe the size of the si�.
� Mr. Grohnke, tYre leasee af the property, stated last yeax, as far as he cun
rmisnber, they agreed to apply for a varianoe.
Coimcilman Schneider sEated it was agreed the existing si� must be brouchc
ir�to oompliance with the code or a varianc� a�prwed for excessive sicp�age.
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Mr. Maxwell stated they didn't back out oi their worc7 as they agreed to
app].y for the varianoe. Coimcilman Schne�dex statec it wasn't until now
that the3 applied for the variance wluch was recommencled for cleni�l by the
Appeals Commission.
NL3yor Nee stated the zmplications of this are farther reaching than L-he
sign. He stated if the variance is not approved, then the special us�
�rmit would not be permitted, since the matter of br�.r�giny the existing
siyn into compliance or haviny a variance approved, was one af L-he
stipulations of the special use ixrmit.
UR�N A VOICE VOTE TAKEN ON Zf3E ABQVE MOTION, Councilman Schi?eider,
Co�mcilman Fitz�trick, Coimca.lman Goodspeed and Mayor P�ee voted in favor.
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COUNCIL MEETING OF JULY 1, 1985
Councilm�rt Barnette voted ac�inst the motton. Mayor Nee declared the motion
carned by z 4 to 1 vote.
F-2. ODNSIDERATION OF A VP.RIANCE TO RIDUCE REQUIRID SETBACK OF AN
ACCESSORY BUILDING FROM A RIGH7LOF-WAY, AIVD TO ELIMINATE TfIE
5 F'OOT SETBACK OF BUILDING FROM IIARD SURFACES. 5750 EAST
RIVER ROAD, BY JOSEPH T. WHALEN:
Mr. Flpra, Riblic Works Director, stated this is a request for a varian� to �
reduce tY�e rEquired setback of an accessory building fran a right-af-way
fran 35 to 14 feet and to el�minate the five foot setkx-�ck of buildings fran
harc7 surfaoes at 5750 East River Ra�a. He �ated this varianw i� requested
in con�unction with special use permit #85-06 for construction of a
tele��one storage building.
Ms. Flara stated the Appeals Coirnnission has recwnmended approval, with the
stipu7.ation that the speca.al u.se permit is apprwed and the structure is to
be wnstructec7 of brick materrals to match the existing structures.
NDTION by Coimcilman Fitz�trick to oancur with the recommendation o£ the
Appeal.s Commission and grant the vanance to reduce the r�m.red setback of
an ac�ssory building fran a right-of-way fran 35 feet to 14 feet; and to
elimirr�te the five foot setback of buildtngs fran hard surfaoes at 5750 East
Rivex Rcxad, with the following stipulation: (1) the structure be
cbnstructed of brick materials t� match the ex�.sting structures. Seconded
try Coimcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee
declarecl the motion carried unanimouslq.
F-3. CONuIDERATION OF U11RI11IQCE REOUEST TO RIDUCE SE'iBACK OF A DRIVE�TAY
FROM 5�'REET RIGH`i�OF-WAY INPERSECTION. 441 HUGO STREET N.E.. BY
DON CHOUINARD:
Mr. Flora, Public Works Director, stated this is a re�uest for a varian� to �
reduoe the reqw.red setYxzck of a driveway fran the inters�ction frcm 75 feet
to 29 feet at 441 Huyo Street N.E. He stated the plan proposed is to
construct a six unit taanhouse develognent on this p�roel � property. Mr.
Flora stated the hardship stated was the original plan for this prupertg was
not feasible, as the bank wauld not finance the pro7ect because of the
garaqes being detachecl. He stated this plan calls f ar tuck-under garac,es.
Councilman Fitz�atrick stated the original prop�sal was for ten tmits and is
naa down to si$ units which he felt was an imprwenent.
Ms. Flora stated the Appeals Commission recommended approval of the
variar�ce, with stipulations regarding a landscape plan; drainage plan;
right-cf-way deoication; combining Lots 78 and 79; necessary street
easements to be granted; and cx�nsideration of a"no �rking" ban on o�re � de
oi- Eiugo Street.
Mr. Frank Hegner, 450 Hugo Street, stated their maan cbn�rn is tkie width oi
the streEt and if tl�ere is space for �nergency vehicles. He statecz the
Appeals Commission reconunended "no p3rking" on one side of Huyo so he
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COUNCIL MEETING OF JULY 1. 1985
assianes all cars w�11 be �arking on his side of the street. He stated he
was also concerr�d with the 50 foot lot which was proposed Lor qar�ges in
the original p7an. He felt it was fire ii at would be left as a res�.dentiai
lot, but di�'t want the addition of two mare imits in the future.
Mr. Allen Mattson, the pet�tioner, stated che 50 i-oot lot is ineorporated
into this pro7ect and w�11 be used for l�ck yard setback and yreen area.
� Nlayor Nee asked if the driveway is laroe enough to allaa �rkinc�. Mr.
Ni�ttson stated each imit would have their aan double driveway to the double
garage so there would be �arking sp�oe av�ulable in the drivc�aay.
Mr. Qureshi, City Manager, statea there is existing concrete curbing on the
north end of the street and on� the driv�aays are installed, the curbing
wil.l l�e ranoved. He suggested the street l�: wac�ned ten £eet to the north
and the City p�y for the asphalt, with the develo�r �ying for tkze curbing.
He felt, if this was done, the 'ho �arking" restriction ior one side of the
street oould be elutunated.
Mr. Dhttson stated the last oondomini�n unit comes closer to the lot than on
the glans originally sukmitted and he sutmitted the r�w plans. He sta�ed,
however, this does not involve any ❑ariances and meets the coae
re�tu ranents.
NDTIOIV by Councilman Fitz�tYick to ooncur with the xeconuneirdation of �he
Appeals Commission and grant the variance to reduce the setl�ack af a
arivciaay fran street right-of-way inter:�c�tion ircxn 75 feet to 29 feet on
Lots 7& and 79, Block A, Riverview Heights, ar 441 FIUgo 5treet, with tkie
follaaing stipulations; (1) landscape plan approved by the City; {2)
drairage plan be sul�nitted and approved Up the City; (3) East River Rcad
right-of-way dedication; (4) Lots 78 and 79 be comk�iried with the townYaome
�ortion; and (5) ne�ssaxy Hugo Street easements be granted to the City,
Sewnded ty Councilman Barnette. Upon a v�ic.� vote, all voting aye, A7ayor
� Nee cleclared the motion carned unarv.mously.
�he Council reoeived the minutes of the Pianning Conunission meetirig of �une
19, 1985.
3. CONSIDERATION OF A RESOLUTION SUPPORTING I�F]GIuLATIVE CHANGES ENPI3LING THE
SIX CITTES WATERSHID MANAGEMENP ORGAtaIZATION ZC1 LEVY TAXES:
Mr. Flora, Public Works Director, statec� when thc Six Cities Watershed
Manac�nent Oryamzati on was created Lt was with the understand�.ng they coulc�
levy taxes. He stated, re�ntly, it was c� swvered k� the County that the
State statute does not authorize this orcpmzat�.on to levy taxes. He state�
this resolution would support a change in legislat.�on to authorize the 5ix
Cit�es Watershed Manaqement Orcpmzation to lEVy taxes.
Councilman Barnette asked Mr. Flara what he felt this mi jit be as far �s tr,e
mi11s. Mr. Flora stated it would proU�bly be about one-tenth csL- a mill.
Mr. Qureshi, City Mar�,er, stated because this orgamzation is Lmder a�oint
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COUNCIL MEh�ING OF JULY 1, 1985
�ers ac�re�rnent, the law does not prwide than any taxing authority. He
stated the only Lroches that can tax are goverrmental agencies.
Mr. Qureshi pointed out this is an ag�inted body with six cities involved
so there wuld � some risk regard�.ng the credibility of the orgamzation.
Mr. Herrick, City Attorneg, asked what is included in annuai operating
e�enses. Mr. Flora stated it incluci�s ma�.ling, staff �lanes, attorney
and engineering fees, and all activities associated with the Watershed �
Manaeement Orgamzation.
P4r. Nerrick asked if it included any improv�nent pro�ects, f4r. Flora
statea, at this point, it does not inc.Lude impraranent pro�ects.
Mr. Nerrick statEd, as he w�derstands, watershed districts have power to
levy taxes for general administrative expenses, but if there are any
unprwenerit pro�ects, the pro�rties fo�md to benefit 1� such pro�ects would
he asress�d in the form af a special assessnent. Ae stated the concern he
has with the resolution is it doesn't really spell out annual operating
expenses and cbesn't eet ary linutation on the amount of taxes the district
crould Zevy.
Mr. Floru sL-ated, imclet the Six Cities Watershed Management Organization
�oint gowers agreanent, the agreanent authorizes the cities to initiate a
hudget arna sukznit- it to the respective Councils for approval. He stated
thas is � means of identifying im�rwenent projects and haa to proceed with
those improvanents. Ne �ated there are checks and balances in the 7oint
powers agrec�nerrt.
Mr. Herrick felt it should be better c3efined or a lunination as to haa many
mi11s oould }�e levied so that FridlEy and other cities wouldn't be giving
away authority to tax to appointed persons who are from a different
c�runimity.
Mr. Qure:hi suc3gested staff check som� of these itans further and bring it �
tack to the Council.
NDTION bp Cotuicilman Barnette tv table this itan for staPf rEViea. Seoonded
kry Councilman Schneider. Upon a voice vote, all voting aye, Mayar Nee
aeclared the mot,ion carried unammously.
Mr. Flora, R�blic Works Director, stated in 1983 the Council approved lot
Sj7].IY.� LS �k83-04, for the Superamerica station at Highway 65 and 73rd
Avenue. He statecl, when the lot split was sul�nitted to the County for
reoorchng, the Co�ty reqw.red Superamerica to preFxzre a registered land
survey to properly recorcl the property due to the lenyth of the
descriptions.
Fe stated stafP had reviewed the reqistered land survey to ensure the
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doc�anent is an e�cact wg� of the apprwed lot sptit. He stated, since there
is no official resolution specifically approving the registered land survr�y,
which ouuld resu].t in future problens in transfer of this propertq, apprwal
is requested of this resolution.
NDTIDN by Councilman Schneider to adopt Resol�taon I�o. 58-19$5. Seconded �
Cowzcilman Barr�ette. Upon a voic+e vote, z11 voting aye, Nrzyor Nee declared
the motion carried unammously.
� 5. RESOLUTION N0. 59-1985 AUTHORIZING THE PURCHAS� OF PROPERTY IPOLICE GARAGE):
Mr. Irman, Caty Qerk, statea the HRA aans l�nc� where the Police garage is
lpcated and which the City pre�iously agreec7 to �urchase irrni the HRA. This
resolutxan is for that purchase in the amount of $35,000.
1tiDTION by Councilman Barnette to adopt Resolution Na. 59-1985. Secondeo by
Cotmciln�an Goodspeed. Upon a vpioe vote, all voting aye, M3yor Nee declared
the motion �arned unammously.
6. RESOLUTION N0. 60-1985 AUTHORIZING THE ISSUANCE OF THE CITY'S $720,000
CONIlNII2CIAL DEVEIAPMENT REVENUE NO`CES (PASCH[C� PROJECT I� :
Mr. Irnnan, City Clerk, stated the Council approved the preliminary
resolution for issuan� of these bonds on Nkiy 6, 1985 for ooi7struction oi �i
offioe/wardzouse £acility. It is anticzg�ted �l�is would adcl 30 �obs, with
an annual �nyroll of $70D,D00. Mr. Irui�zn stated the pro�ect has been
apprwec3 1� the Commissioner of Revenue.
NDTION by Cowicilman Goodspeed to adopt Resolution P1o. 60-1985. Sec�nded w
Coimcilman Fitz�trick.
Mr. Flora, Public Works Director, statec3 water L-rom the Univers� t�
Industrial plat was to flarr irito a c�tention pond and helcl before going inta
� the storm systan. He stated Mr. Paschke had a s��arate ayreenenr with the
HRA regarding construction of the deLention pand to support this
develognent, Mr. Flora stated, as of naa, there is not such a pond artcl Felt
zt should be wnstructed this year.
Mr. Irman. City Clerk, stated he talked to Nir. Pasdzke late this afternoon
and it was his intention to begin oonstruc:tion of the p�nd immediately, �rei�t
though the agreenent called far it in 1986.
Mr. fierrick, City Attorney, stated the tirnetable agreed upon was for 1986 so
r1r. Paschke is not iri violation of the agree�ent. He stated swne funds are
being wiihheld until oompletion of the pond.
Mr. Qureshi, City Manager, stated sorne grant Luncis are L�ing hela by tYae E?P�
an w�.11 not be released until the pond is a�mp3eted.
U1�N A VOICE VrIPE TAE�N CD] �3E AB4JE rDTID�, all voted aye, and Niayor idee
decLared the motion carried unammously.
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COUNCIL MEr,�ING OF JULY 1. 1985
RECEIVIhG PETITION N0. 12-1985 RFr;nRnzT� STREET LIGHT ON BRIGIIDOON PLACE:
MDTION by Councilman Schireider to receive the petition No. 12-1985.
Seoonded }7y Councilrr�n Fitz�trick. Upon a voice vote, all voting aye,
N�iyor Nee declared the motion carried unaru.mously.
Mr. Qureshi, City Manager, stated the property avners have agreed to accept
an assessnent for the aost of a street light located mid-block on Brigadoon
Place. He stated, as lony as the property owners are willing to accept
this mst against their propert�es, whic� will be recorded, the Caty has no
problan with installing this light. He further stated the street
interseection light at the south cul-de-sac of Bngadoon Place meets Crty
policy govermng installation of street lights so there would be no wst to
the property araners for this �rticular light,
APPOINiT4II�FP5: CITY EMPIAYEES:
NL)TION by Councilman Fitz�trick to aoncur with the following appointments
by the City i�nager:
T1AMF;
LL�vid E, Jense[?
2071 Eleanor
ut. PdUlr NN
55116
Jose� GrQnek
3600 36th Ave. NE
Priruieapolas, NN
554I8
Fi�SPi'IDN
Mainterr7noe I,
Public Works
I�int. Dept.
Police Offxcer
Poliae Dept.
STARTING STARTING
SALARY _ DATE
$8.15 Jime 24,
Per 1985
Hour
$1519 July 1
l�r 1985
N�nth
. ::� `
Harlen
Hansoom
Davicl
Pecchia
5econded l� Councilman Barnette. Upon a voioe vote, all voting aye, Mayor
Nee d�clarec] the motion carned unammously.
aONSIDERATION OF CH11D7GE ORDER N0. 1 FOR WATER AND SANITARY SEWER PRq7ECr N0.
150:
Mr. Flora, Public Works Director, �ated this request 1� Burlir�gtori Northern
Railra�d far this change order has teen withdrawn.
MOTION by Councilman Fitzpatrick to withdraw this change orrier at the
request of Surlington Northern ka�.lrctZd. Seoonded by Councilmara Schneider.
Upan a voice vote, all vota.ng aye, Mayor Nee declared the motion carried
unarumously.
10. ESTIMATES•
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MOTION by Councilman Schneider to approve the estirnates as su�nitted.
Herrick & Newman, P.A.
6279 Umvetsa.ty Ave. N.E.
Fricll e�, NN 55432
For Servlaes Rendered for Month
ofMay . . . . . . . . . . . . . .
11r�n Construction
P.O. Box 57
Mora, NN 55051
. . . , . $ 3,208.45
FINAL ESTINIATE . . . . . . . . . . . . . . . . $ 24,497.20
85 Concrete Favanent Joint
& Crack Resealing Pro�ect
H & 5 Asphalt
700 Industry Avenue
Anoka, NN 55303
Street Improvanent Pro�ect ST 1985-1&?
Parta.al Estimate No. 2. . . . . . . . . . . . $ 5,370.40
Hyrocon Inc.
Box 129
North Branch, rN 55056
Water & Seaer Pro�ect #150
Partial Estimate No. 2. . . . . . . . . . . . $ 5F3,482.38
rlonette Construction Co.
2050 White Bear Avenue
St. Faul, NN 55109
R�lice Garage & Storage Facility
Partial Estimate No. 9. . . . . . . . . . . . $ 5S,627.OD
Hickok & ASsociates
545 Indian Mound
Wayzata, NN 55391
Moore Lake Restorati.on Pro�ect Phase II
Inspection II - R=riod Endi.ng May 31, 1985. .$ 221.67
Reports & Evaluations, Encv.ng May 3, 1985 ..$ 17.11
Seooncled 1� Cotmcilman Barnette. Upon a voioe vote, aLl voting aye, P�fayor
Nee declared the mot�.on carned unammously.
11. CLA.IMS -
NDTION by Cotmcilman Schneider to authorize p�yment of Clairns No. 0030H7
tY�rough 003414. Seoonded l�y Councilman Fitz�atrick. U�ron a vcrict vote, aIl
votiny aye, NS�yor Nee declared the motion carried unan�.mously.
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12. LICENSES:
NDTION by Councilman Barnette to apprctie the li�nses as suxmitted and as on
file in the Lic�ense Qerk's Offiae. Sewnded L� Councilman Gooc�speed. Upon
a voice vote, all voting aye, Mayor Nee declared the motron carrieci
unammausly,
13. CONSIDERATION OF BOUI,h'VARU P'IOWLNG IN UNDEVELOPED COMMERCIAL AND INDUSTRIAL
ARFA S •
Nl�yar Nee stateo the Counral is in reoeipt of a meno frcen Mr. Flora to Mr. �
�ureshi regarding weed cutting along the boulevards in commercial and
industrial areas,
Mr. Flora stated last year the City mwed about a 20 faot wzdth along the
ma�,re streets of c�rrrunercial and industrial areas which were undeveloped and
foimd it reduoed the �nount of debris being diunped in these areas.
Mr. Flora stated staff is looking at an ordinance covering this matter,
haaever, it was felt, in the meantime, the3 should have a policy on whether
they should cantinue the operat� on this year. He stated there is a lot of
c3ebris and waste materials which everitually end up in the storri� water
syst�l. He felt, �.f the grass is mcwed, it reduces this d�unping.
Mr. Flora fe] t the o�st oould possibly be cU stributed between the util � ty
fw�d and the storm water fund,
Mr. Quceshi, City mariager, statec? there WOU�.C� �J2 some additiorial eost
irivalved for the C�.ty to do this maaing, but you have to weigh it against
the problans of the debris oollecting in the storm water system. He £elt,
if the Co�mcil wishes to allcxa this cutting, it shoulcl be restracted to
imcleveloped property, as property which is developed, would be cutting their
boul Evarcls.
Counea.lm�n Goodspeed stated the Plann�.ng Cca�¢nission cltd discuss, if a fund �
was establi�ed for the storm water systen, if funds would be used to pay
for eaerything. He asked if the prime reason for the mowing would be to
protect the storm systen.
Mr. Qureshi stated it would he specifically for the storm water system. He
stated this woui.d be an att�i�rt to maantain the systen and kee� it decent.
Mayor I3ee asF:ec7 it this pro�osal would still be made, if the fund was not
avz�lable. Mr. Flora �tatea the rEquest still would have been made for the
boulEVard maaing.
NDTION by Councilman Schneider to authorize and direGt the achnimstrati�n to
initiate a program of boulevard weed cutting in front of undeveloped
commercial �nd industrial properties. Seconded by Councilman Barnette.
Upon a vaiae vote, all voting aye, Mayor Nee declarea the motion carried
unammously.
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�NSIDFStATION OF WAIVII+1� 1:30 A.M. EVACUIITION FOR SPECIAL EVENT A`i GEORGE' S
IN FRIDLEY:
Mr. Herrick, Ca.ty Attorney, stated, im m��unction wath Greek r3eritac�e Week,
July 1 through 7, there is a group of peop3e fran around the United States
and Greeoe who will hold a private celebration at Georue's in Fridley on
Ju7.y 6. He statec7 thc� have asked if this gathering could cont� nue taey�nd
the normal e�acuation hour of 1:30 a.rn.
Mr. Herrick stated he talked with Jun I3i11, Public Safety L�irectar,
regardinq this matter and Mr. Hil.l checked with the Liquor Commission. He
statec3 it was the Cp�nission's feeling that because this w�s a si�;nif�cant
event on private pro�erty arid w�l"1 be closed to the �ublic, there wouldn't
be any problan. He stated the� pointed out had rhis event takeix place �t asb
establishment that wasn't licensed, this would not have been a problan.
AATOURP]NIIIV`P -
MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by
Councilman Schr�eider. Upon a voice vote, �li voting aye, N4�yar Nee declared
the motion carried unammously and the Regular Meeting of the Fridley City
Cotmcil af July 1, 1985 ad�ourned at 9:35 �.m.
Respectfully sul�nitted,
e
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Carole Haddad
Secretaxy to the
Crty Co�mcil
Apprwede
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