08/08/1988 - 00010656� �+(l -� i
� THE MINUTES DF THE REGULAR MEETING OF THE ERIDLEY CITY COIINCIL OE AUGUST 8,
1988
The Regular Meeting of the Fridley City Council was called to order at 7:38
p.m. by Mayor Nee.
PLEDGE nF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance to the
Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilmae Billings, Councilman
Eitzpatrick, Councilman Schneider and
Councilwoman Sorgenson
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
COUNCIL MEETING, JULY 25, 1988:
� Councilwoman Sorgenson requested the word "not" be added after the word
"could" on Page 7, paragraph 3.
MOTION by Conncilman Ertzpatrick to approve the m�nutes with the above
correction. Seconded by Councilman Schneider. ilpon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Nee stated there is a request to delete Item 11, Consideration of
Entering into an Agreement with the Gopher State One—Call.
MOTION by Councilman Schneider to adopt the agenda with the deletion of
Item 11. Seconded by Councilwoman Jorgenson. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
OPEN EORUM, VISI'!'ORS:
PROBLEMS ON HOAIZON CIRCLE:
Mr. Soseph Dzubak, 129 Horizon Circle, stated there are abcut nine homes on
Horizon Circle where the houses are shifting and tbe foundations are
cracking. He stated there are several Elm trees the residents would like
the City to remove, but their main concern is the City perfors soil
samples. Mr. Dzubak stated the residenTS do not know why this is
� occurring, but felt it may be due to the freeway construction, bad soil,
the drought, or a combination of all these conditions.
Mayor Nee stated the Council recently receiled a report from staPf xegardiug
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 8, 1988
the problems in this area.
Councilman Fitzpatrick stated he had talked with. Mr. Dzubak; however, staff
feels they need more time to assess the causes. IIe felt if the boulevard
trees were the problem, consideration should Ue given for their removal.
Mr. Dzubak stated time was of the e�sence as the homes are crumbling and
soil samples need to be taken. He stated he would like a response from the
City as soon as possible and felt it was the Gity's responsibility to
conduct the soil analysis.
Mr. Herrick, City Attorney, statefl a determination should be made ,f
conducting the soil analysis is a yroper expenditure of gublic funds.
Mr. Qureshi, City Manager, stated the City is certainly concerned with what
is happening to the homes. fIe asked if the tesidents had any information on
the home which recently had similar problems.
Councilman Eitzpatrick stated he appreciates the f act that time is of the
essence, but staff does want to investigate further and hopes to do it as
soon as possible.
Councilman Billings asked if all the homes wEre constructed Uy the sase
contractor. The audience's response was in the affirmative indicating they
were all constructed by A.C. Carlson.
A gentleman in the audience stated a former resiclent in this area had stated
a11 the homes were built on a slough. He stated one home at the end of the
block had shifted to the point where you could not open the kitchen door.
Another gentleman in the audience stated he had a soil expert come out to
his home, but no core samples were taken. He stated the soil is shift�.ng,
but he dadn't know what a.s causing the problem. He stated one resident
spent $9,000 repairing his home and another spent $6,000—$8,000. He stated
he received a bid of $3,000 �ust to retain the wall and the soil expext
stated the tree had to come down as it is taking all the watez out of the
soil.
Mr. Dzubak stated last week when one lane of the Ereeway was blccked, a
crack appeared the full width of the street into the curb. He stzted it
felt like an earthquake.
Mr. F1ora, Public Works Director, stated sone piles were installed along the
Main Street bridge, but there has been no blasting.
Mayor Nee stated staff will investigate fnrther and report back to the
residents.
KEN WILKINSON, ANOKA COUNTY SHERIFE'S DEPARTMENT:
Mr. Wilkinson stated since his election as Anoka County Sheriff, he wanted
to communicate and strengthen the relationships between the City and County.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 8, 1988
' He stated he has developed a commitment to acgment end supplemant services
of local police departments. Mr. Wilkinson reviewed the services provtded
by the Sheriff's Department consisting of civil processes, 3ai1 services,
criminal investigations, expanded drug eniorcement, and investigation of
child sexual assault cases. He stated in 1957 there were over 370 child
sexual assault cases representing a 45� increase over the previous year, I-ie
stated although this figure is rather alarming, he felt it wasn't an
increase in crime, but an increase in reporting. lIe stated of these 370
cases, 180 were cases within the family.
Mr. Wilkinson stated the Gounty also provides services in burglaries where
there are no clues. He stated some special opera*_ions provided include
water patrol, underwater recovery, search and rescue, a canine unit, and
services of a S.W.A.T. team. Mr. Wilkinson stated the Sheriff's Department
also has persons available to assist with special events in cities, such as
parades.
Mr. Wilkinson stated a request has been aade to the County Board for
expansion of the crime laboratory and extension of polygraph capabilities.
He stated this includes funds for transporting of prisoners, which would
eliminate the need for a City police officer to transport a prisoner to the
County �ail. Mr. Wilkinson stated the request also includes automation of
the Sheriff's Department. He stated he is seeking feedback on the Sheriff
1 Department's performance and ways to enhance their services to the
community.
Councilman Schneider stated he has served on the P.noka County Joint Law
Enforcement Council and the changes have been noteworthy for the County.
Councilwoman Jorgenson stated she was glad Mr. Wilkinson made this
presentation to the Coancal.
Mayor Nee stated he has a concern with persons driving with revoked
licenses. He stated it seems there are a lot of accidents and criminal
motor vehicle behavior from those who have had their licenses revoked.
Mayor Nee cited a recent case where two people on a motorcycle were killed
by a drivex who had a revoked license. He stated it seems no actior, Ls
taken until someone is killed. Mayor Nee was wondering if the system used
to check drunk drivers might also be applied to check a person's drivers
license.
Mr. Wilkinson stated to set up a system to check only a person's drivers
license isn't constitutional.
Mr. Herrick, City Attorney, stated there is legislation that is being
proposed or recently passed where license plates will carry a special
designation depending on the number of tises and frequency for whlch a
person was arrested for drunk driving.
, Mr. Wilkinson stated the drunk driving program which originated in Frxdley
has expanded County-wide.
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FRIDLEY C�ITY COUNCIL MEETING OF AUGUST 8, 1988
Mayor Dlee stated this ic a great credit to �r. Wilkinson and the other
Eridley officers who ina.tiated the program.
Mr. Wilkinson stated it as his sincere desire to maintain good
communications and respond to the needs of the community.
OLD BUSINESS:
CONSIDERATION OF FIAST READING OF
�}'88-01, TO REZONE EROM R-3 (GENER
OEFICE) ON PART OF LOTS 2 AND 3,
BEING 1001 HILLWIND ROAD N.E..
AN ORDINANCE APPROVING A REZ
L MULTIPLE DWELLING) TO CR-1
AUDITOR'S SUBDIVISION N0. 25
ZOA
THE SAME
i/88 AND
Mr. Robertson, Community Development Director, stated th�s ztem was tabled
when the question arose if the petitioner could provide sufficient
aff-street parking. FIe stated the petitioner has submitted two letters of
agreement, one with Merrill Lynch Realty and one with the Property Manager
for Polk 5treet Apartments. He stated Merrill Lynch Realty agrees not to
occupy more than their allotted space. Ae stated the agreement with the
Property Manager of the Polk Street Apartments allows the use of ten of
their parking stalls.
Mr. Robertson stated there is one other problem in that the petitioner has
changed architects and the ctorm drainage plan has not been completed. He
stated it is expected to be received by staff on August 11.
Councilman Schneider asked if there was a signed agreement by the Property
Manager of the apartment complex. PYs. Stinsl:i stated she could not nbtain
this signed agreement fox the meeting, but should have it this week.
Councilman Billings stated he felt much more comfortable knowing the parking
has been addressed. He stated he assumes the petitloner has a qualified
architect and that the drainage will be worked out with staff.
MOTION by Councilman Schneider to waive the reading and approve the
oxdinance upon first reading, with the following stipulations: (1) The
vacated house on the rezoned parcel should be removed from the site prior to
the publishing of the rezoning ordinance; (2) The proposed rezoning is for
the development as outlined on the attached site plans and elevations only;
i3) The petitioner or her agent agrees to manage the leasing of the office
space in a fashion which would not create a need for on-street parking.
Should on-street parking resnit, the Clty may sign the street as °Dio
Parking" and require that additional stalls be made available or the need be
reduced; (4) Petita.oner to work with staff on landscape refinements and have
an agreed upon plan prior to City Council approval; (5) Petitioner to supply
a storm drainage plan whiclz meets staif approval prior to the second
reading; and (6) Petitioner to supply a performance bond or letter of credit
in the amount of 3% of the construction �alue prior to issuance o£ a
building permit. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
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FRIDLEY CITY GOUNCIL MEETING OF AUGUST 8, 1988
' 2. RESOLUTION N0. 63-1988 AUTHORIZING THE CITY TO HEREBY AGREE TO ACT AS AN
AGENT FOR TH� HRA FOR THE CONSTRUCTION OF THE PLAZA PARKING RAMP:
Mr. Robertson, Community Development Director, stated at the Housing and
Redevelopment Authority meeting in July, the HRA considered alternatives for
administering the contxact for the proposed parking ramp. He stated it was
decided the FiRA would request the City to act as agent to administer these
contracts. Mr. Robertson stated this resolution, if adopted, would concur
with the request of the HRA for the City to act as their agent.
MOTION by Councilman Schneider to adopt Aesolution No. 63-1988. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
3. CONSIDERATION OF RECEIVING AND AWARDING BIDS FOR GOMPUTER HAADWARE, SOFTWARE
AND SERVICES•
Mr. Pribyl, Finance Director, stated bids were opened on Tuly 8, 1938, for
the first phase of the City's conputer upgrading. He stated only three Uids
were complete as far as the City's Request for Proposal. Mr. Pribyl stated
the Aequest for Proposal was designed to provide a great deal of flexibility
in the way the City could accept bids.
1 He stated the City can accept these bids in one of the following four w2ys:
(1) accept the low bid for all equipment, softwzre, and services from one
vendor; (2) accept low bids by category--hardware, software, and services;
(3) accept low bids by line-item as they were laid out in the Reque�t for
Proposal; or (4) accept low bids zn any combination of the above.
'
Mr. Pribyl stated the mnsultant's and staff's recommendation ie contzined
in E�chiba.t 2 of the agenda and two options are shown, erther purchase 21
personal computers and upgrade seven or purchase 28 new ones.
He stated the cost for the 21 personal computers and upgrading seven
existing computers is $53,610. Mr. Pribyl stated with the reasona6le pcice
received on the personal computers, it makes more sense to replace these
seven computers for a total cost of $64,220 ior 28 persanal computers.
Mr. Pribyl stated it is recommended the bid £or 28 personal computers be
awarded to Ameridata for $64,220; the bid for the printers be awarded to
Office Products for $23,735; the bid for software be awarded using the
Hennepin County Contract or other low cost source for $6,138 and Sears for
$1,150; and the bid for training be awarded to Seare for $3,040 for a total
bid of $98,283. He stated this am.ount is within the budget.
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ERIDLEY CITY COUNCIL MEETING OE AUGUST 8, 1988
���52
MOTION by Councilman Schneider to receive the following bids:
Total Tota1
Hardware Software
Charges Charges
Ameridata $ 77,1b5.00
ComputoService, Inc. 122,159.00
Office Products 77,625.00
Radio Shack/Tandy Corp. 87,476.70
Sears Business Systems 86,994.10
Hallmark Ele. Corp. 105,403.00
* Incomplete Eid
Low Complete Bid
(Option 1)
$14,030.00
O,DO *
15,028.00
* 517,26 +
14,765.00
0.00 +`
Low Bid by Category 77,165.D0 14,030.00
(Option 2) Ameridata P.meridata
Total
Total Systea
Other Cost
$ 7,100.00 $ 98,295.00
14,056.00 * 136,215.00
6,250.00 107,699.00
4,650.75 * 92 644.71
4_403.47 106,162.57
0.00 * 105,403.00
9II,295.00
�meridata
4,403.47 95_598.47
Sears Total
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Seconded by Councalman Billangs. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
� MOTION by Councilman Schneider to award the bids,as shown in Exhibit 2,
Replacang PC's, as follows: PC's, Ameridata in the amount of $64,22D;
Printers, Office Products in the amount of $23,735; Software, Hennepin
County Contract or other low cost source in the amount of $6,138 and Sears
in the amount of $1,150; and Training, Sears in the a.mount of $3,040 for a
total bid of $98,283. Seconded by Councilman Billings. Upon a voice vote,
all voting aye, Mayor Nee declared the motxon carried unanimously.
4.
G,'
NEW BUSINESS:
RECETVING THE PRELIMINARY 1989 BUDGET AND SETTING PUBLIC HEARING:
Mr. Qureshi, City Manager, stated he is submitting the 1989 Budget as
required by the City Charter and requesting the Ccuncil set the public
hearing.
MOTION by Councilman Fitzpatrick to recerve the preliminary 1989 bedget and
set the public hearing for September 12, 1988. Seconded by Councilman
Schneider. IIpon a voice vote, all voting aye, P4ayor Nee declared the motion
carried unanimously.
AN 0
ROV
268274 IN BOOK 659, DATED NOVEMBER 3, 1964, AND TO VACATE A 12 FOOT EASEMENT
FOR CONSTRUCTION AND MAINTENANCE OF A STORM SEWER DESCRIBED IN DOCUMENT
� 280899 IN BOOK 697, DATED OCTOBER 20, 1965, ALL GENERALLY LOCATED AT 6499
UNIVERSITY AVENUE N.E., BY THE CITY OF FRIDLEY ANP TAAGET NORTHERN
OPERATIONS CENTER:
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FRSDLEY CITY COUNCIL MEETING OF AUGUST 8, 1988
MOTION by Councilman Schneider ta waive the reading and approve the
ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a
voice vote, a11 voting aye, Mayor Nee declared the notion carried
unanisously.
RECEZVING THE MINUTES OF THE PLANNING COMMISSION MEETING OE SULY 27, 1988:
A.
AUTOMOBILE
TO ALLOW E
PECIAL USE PERMIT, SP 4F
TO SELL OR DISPLAY NEW
ORAGE OF MATERIALS AND
APARTMENTS AT NORTHTOW
AND WEST OF UNIVERSITY
USE➢ VEHICLE
�
Mr. Robertson, Community Development Director, stated this request is for a
special use permit to allow an automobile agency to sell or display new
and/or used vehicles and a11ow exter7_or storage of materials and equipment.
He stated this request was before the Plannir_g Commission whe recommended
approval with stipulations. Mr. Robertson stated one of the stipulations
was submission of a drainage plan and in the course of preparang this plan.
certain modifications had to be made on the site to allow for a drainage
pond. He stated ihe parking was relocated to allow for this pond.
� Mr. Robertson stated the Planning Commission also stipulated that sight line
studies be done to make sure a11 mechanical equipment on the rooftop is
screened from the apartment complex. He st2ted the equipment would be
shielded by a parapet.
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Mr. Robertson stated after staff revzewed the testimony at the public
hearing before the Planning Commission, some additions were made to the
stipulations recommended by the Commission. fle stated it is reconwiended the
following words "and to be on—site including trailer deliveries" be added to
stipulataon No. 3; the wozds "all having a brick construction appearance" be
added to stipulation No. 10; and to add stipulation No. 12 to read as
follows: "The petitioner agrees to particigate in funding traffic signal
and intersection improvements at 83rd and University."
Councilwoman Jorgenson asked if stipulation Aio. 12 was also included for
other developments in the area to which Mr. Robertson answered in the
affirmative.
Councilman Pitzpatrick stated his primary concern is the materials used in
construction. Ae felt sta.pulation No. 10 indicating the walls should have a
brick construction appearance covers his concern.
Mr. K7.ein, architect, submitted drawings showing the proposEd building,
entrances, and location of the pond and parkzng. He stated the showroom
portion of the building would be glazed masonry banded in blue wiLh glass
and aluminum framing, about 20 feet 8 inches high. Mr. K1ein st2ted the
rest of the building would be burnished concrete masonry. He stated it was
originally proposed that the back of the building be painted concrete block
and that was amended at the Planning Commission meeting.
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FRIDLEY CITY COUNCIL MEETING OE AUGUST 8, 1988
Councilman Fitzpatrick stated he cannot emphasize enough the fact that the
Council negotiated with the developers at the Springbrook Apartments and the
Northwestern Orthopedic Clinic for brick constrnction and the bronzed block
does not even come close.
Mr. Klein presented a sample of the burnished masonry. He stated he
understands the Northwestern Orthopedic Clin�c is proposing a combination of
glass and hurnished masonry for their building as shown on their plans. Mr.
Robertson stated the building permit itself states the building should be
brick rather than burnished block.
Gouncilman Billings asked the number of parking stalls ior new car display.
Mr. Klein stated he believes there are 173 parking stalls.
Councilman Sillings stated he is concerned Lf there is enough storage for
new cars. He stated in most other automobile lots along the interstate, the
new car display area is considerably larger than what is proposed at this
locata.on. He stated at the Brooklyn Center Chrysler Dealer, which is one of
the petitioner's operations, he noticed the number of new vehicles storecl on
site is very large and wondered how this type of on—site storzge can be
provided at the Fridley site.
Mr. Bartram, the petitioner, stated the site in Fridley is 3.2 acres and the
� Brooklyn Center site is 4.2 acres and a little over a half acre of the
Brooklyn Center site is lost to a wall on the propetty. He stated the
operation at Rrooklyn Center in terms of voluma is larger than what he
conceives at the Fridley site. He stated he is not attempting to duplicate
that Chrysler dealership here and felt the site in Fridley is reasonable
based on their anticipated volume.
Mr. Bartram stated they are currently discussing acquisition of the parcel
to the north of this property and has submitted a proposal to purchase the
two acres. He stated this has not, however, been accepted by the people who
are managing the property.
Councilman Rillings stated there were 40 to 6D Yugos at the Brooklyn Center
site and vehicles were double parked. FIe asked Mr. Bartran if they would be
doing this in Fridley.
Mr. Bartram stated when they started the Ycgo operation, they agreed to take
a nine month supply and at maximum, they probably wauld keep 40 to 6C Yugos
on the site.
Councilman Billangs asked if the Yugo franchise would be separate in
addition to the one in Brooklyn Center or znother division of the same
corporation or franchise. Mr. Bartram stated he wishes to move the Yugo
franchise to the Fridley facility and would operate both auto dealerships as
one operation.
Councilman Billings stated from discussion at the Planning Commission, Mr.
Bartram is contemplating the possibility of another foreign car line. Mr.
Bartram stated he is da.scussing this possibility with two other automobile
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 8, 1988
� contemplate using some of the space for a pond. fle stated this
substantially restricted the available space. F.e stated he believed they
have a reasonable possibility of acquiring property to the north.
Mr. Bartram stated at the Brooklyn Center facility, they are at the end of
the model year and, in addition, they had 150 Yugos deposited on them all at
once. He stated they also operate a very high volume facility that would
not be ettcountered in a smaller import facility.
Mayor Nee asked the role of used cars at this site. Mr. Sartrac� stated used
cars are an integral part of a car dealership. He stated they normally have
used cars, but not �unk cars, and these may be there several days to a week.
Mayor Nee stated aside from the architectural concerns, the question of
outdoor display is of great concern to the CouncLl because they have had
problems with other car dealerships. He stated the Nissan dealership
probably has twa.ce as much property as compared to this site and there are
problems with the displaying of cars on the street.
Mr. Bartram stated he would not have a problen with "No Parking" signs being
a.nstalled on 83rd or the frontage road. He stated he agrees with the
Council's feelings on the appearance.
� Mr. Leon Martin, one of the owners of Springbrook Apartments, stated he ard
his partner, Ken Belgarde, axe opposed, in ger,er21, to an automobile
dealership at this location. He stated Mr. Bartram met with his and if the
Council apprwes this special use permit, he would request that only new
cars he parked on 83rd, with no fencing, but landscape screening between the
apartments and the car dealership. Mr. Martin stated he would also like
stipulataons as to the number of vehicles cn the lot and to make sure no
wrecked cars are parked between the apartments and this business. N�r.
Martsn stated he has a concern about persons test driving the vehicles. He
stated there is a day care center located at the apartment coaplex and many
children in the area.
Mr. Martin stated when Mr. Belgarde submitted plans for Springbrook
Apartments, the brick construction material was a big issue. he stated they
are opposed to this special use pernit, but that Mr. Bartram made a goed
effort to work with them. He stated if the Council approves the special use
permit, he would like the concerns mentioned incorporated into the
stipulations.
Mr. Bartram stated he would not ob�ect to a stipulation of one vehicle per
parking stall. He state.d there is a plaza area in front of the showroom
facility where they would have a few cars parlced £or display purposes.
Councilman Fitzpatrick stated the�e was a unanimous recoaunendation From the
Commassaon for approval of this special use permit. He stated he belaeved
' the petitioner is aware of the changes in the stLpulations recommended by
staff. He felt, in addition, the stipulation of parking only in designated
parking stalls with no double parking should be included.
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FKIDLEY CITY COUNCIL MEETING OF AUGUST 8, 1988
' MOTION by Councilman Fitzpatrick to grant Special Use Permit. SP ��88-08,
with the 11 stipulations recommended by the Planning Commission and amended
by staff and the addition of the sta.pul�tions for the petitioner to
participate in funding the traffic signal and intersection improvement� at
83rd and University and that parking be in designated parking stalls with no
double parking. Seconded by Councilwoman Sorgenson.
Mr. Bartram stated he wanted to make sure he has a clear understanding
regarding the brick. He stated if they are required to install real brick
on all sides of the bua.lding, it would add 15 to 20% to the cost.
Mr. Klein stated he understands the Council's concern with the appearance of
the building, but felt they could use a materlal that gives the appearance
of brick.
Mr. Bartram stated he wished to use a material acceptable to the Council,
but that is cost-effective for them. He stated if there is �ore than a two
week delay, he felt they probably could not install the asphalt wbich they
would like to have completed before the end of this construction season.
Mr. Robertson stated he believed what the Council would like is the use of a
matesial that has an appearance and dimeusion similar to real brick. Ae
stated staff would work with the petitioner regarding the material to be
' used for the outside of this building.
MOTION by Councilman F1tzpatrick to table this item to the next Council
meeting on August 22. 1988. Seconded by Councilman Gchneider. Upon a voice
vote, all voting aye, Mayor Dlee declared the motion carried unanimously.
B. RECEIVE THE HUMAN RESOURCES COMMISSION WORKPLAN FOR 1988-89:
MOTION by Councilman Schneider to receive the Human Resources Commission
Workplan for 1988-89. Seconded by Councilman Billings. Upon a voice vote,
Councilman Schneider, Councilman Billings, Mayor Nee, and Counciiman
Fitzpatrick voted in favor of the motion. �ounczlwoman Jorgenson abstained
from voting on the motion. Mayox Nee declzred the motx.on carried by a 4 to
1 vote.
C. ITEM FROM THE MINUTES OE THF. APPF.ALS COMMISSION MEETING OE JULY 19,
1988: �
C-1. CONSIDERATION OF A VARIANCE, VAR 4p88-17, TO REDUCE THE
MINIMUM LOT AREA FROM 9,000 SQIIARE FEET TO 7,900 SQUARE FEET,
TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 21 FEET, TO
ALLOW THE CONSTRUCTION OF A SINGLE FAMILY HOME WITH AN ATTACHED
GARAGE, THE SAME BEING 101 76TH WAY N.E., B� DOUG PETERSON:
Mr. Robertson, CommunLty Development Director, stated this is a request for
� a variance to reduce the au.nimum lot area from 9,000 to 7,9D0 square feet
and reduce the rear yard setback from 25 to 21 feet. fle stated the hardship
cated by the petitioner was that the Gounty is taking 15 feet off the rear
of this lot for improvements to East River Road. he stated the Appeals
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FRIDLEY CITY COUNCIL MEETING OE AUGUST 8, 1988
Commission has recommended approval of these variances.
Mr. Qureshi, City Manager, asked the petitioner what ccmpensation he
received from the County when they acquired part of this property.
Mr. Peterson, the petitioner, stated he felt Lhis wasn't relevant.
Mr. Qureshi stated the question was asked because N:r. Peterson is supposed
to be compensated for damages when part of the let was acquired.
Mr. Peterson stated he was told by the County that they would not have to
compensate him for the entire lot because tkee City stated they would make it
useable. He stated the only variances he is requesting is for the rear yard
setback and square footage of the lot.
Councilman Fitzpatrick stated he is concerned that someone from the County
is stating the City would grant the variances. He stated the County, in
acquiring the right-of-way, is causing the need for the variances oi this
magnitude and felt they should acquire the entire parcel. He felt if this
variance is granted, it is �ust the beginn�n� of requests for variances as a
result of acquisitaon by the County.
Mr. Peterson stated he recea.ved compensation of $7,000 from the County and
sold this lot for $15,500 when other lots in the area sold for $28,000.
Councilwoman Jorgenson stated to have the County state the City would grant
the variance makes her very angry.
Mr. Herrick, City Attorney, stated the Glty could request the County to
reopen this case. He stated he is not aware cf a case where the psoperty
owner has settled on a condemnation and then it i� reopened, but if there
was a misrepresentation that a variance would be granted, it possibly could
be done. Mr. Herrick stated the Council should consider whether it would be
to the benefit of the neighborhood to have z home on the lot and, �f not,
what would be the use of the lot. He statad 7,900 square feet is smaller
than the City's standards, but there are some lots smaller in the City.
Mr. Arnold Aspenson. prospective buyer of this lot, stated he plans to
construct � home on the lot, if Council approves the variances. He stated
he is a carpenter and would probably build the home and offer it for sale at
some future date.
Mr. Qureshi asked Pfr. Aspenson if he planned to install a fence on the east
side of the pxoperty. Mr. Aspenson stated he would probably install a
wooden fence.
Councilman Fitzpatrick stated he did not know how to get the message through
to the County that the City has concerns and does not agree with the�r
method of right-of-way acquisrtion.
Mr. Herrick asked if there have been communications to the County regaxding
this issue.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 8, 1988
' Councilwoman Sorgenson stated she has personally talked to the County
Commissaoners and a lot to the south of this property wi11 have the same
problem.
Mr. Herrick stated one way of preventing the problem in the future is for
the City to write to the County stating that, henceforth, if the County
takes a portion of a lot, the City will not grant variances. He ielt the
City should state under what circumstances a variance may be grant�ed, if a
portion of a lot is acquired.
Mr. Qureshi stated as long as the owner and builder understand that the lot
would he substandard, as far as the City Code, it probably would be better
to have a home there than to have an empty 1ot.
Councilwoman Jorgenson felt the item shauld be tabled and have a
representative from the County come and explain what has happened.
Mr. Flora, Public Works Director, stated there axe horaes on Osborne Way and
75th Avenue that the City has specafically asked the County to puxchzse. He
stated a� the County acquires property along East Rit�er Road for future
widening pro�ects, a number of homes will be zffect_ed. Mr. Flora felt it
may be beneficial to have representatives from the County Highway ➢epartment
and Appraa.ser's Office made aware of the Gouncil's cencerns.
' MDTION by Councilman Fitzpatrick to taUle this item. Seconded by
Counca.lwoman Jorgenson. Upon a voice vote. a11 votir.g aye, Mayor Nee
declared the motion carried unanimously.
Mr. Peterson aslced when this item would be on the Council's agenda.
Mayor Nee stated the Council would like to meet with the County and staff
would advise Mr. Peterson when the item is brought back for Council action.
G2. CONSIDERATION OF A VARIANCE, VAR Ik88-18, TO
EROM THE
BUILDING EROM 5 EEET TD 0 FEET; TO REDUCE THE REQUIRE➢ HARD
TO REDUCE THE WI➢TH OF THE ONE-WAY DRIVING AISLE FROM 18 EEET
TO 10 EEET: TO REDUCE THE REOIIIRED NUMBER OF PARKING SPACES
SIDE YARD SETBACK FROM 30 FEET TO 25 EEET, TO ALLOW THE
CONSTRUCTION OE ADDISIONAL WAREHOUSE ANP OFFICE SPACE, THE
SAME BEING 777D RANCHERS ROAD N.E., BY ELO ENGSNEERING AND
BELT LINE CONSTRUCTION:
Mr. Robertson, Community Development Director, stated these six variances
are requested to allow additional warehouse and office space at 7770
� Ranchers Road. He stated staff is recommending denial of the variances as
the proposed parking arrangement and traffic flow create a hazardous
situation which would result in building damage, vehicle damage, and
personal insury. He also stated, in the future, ELO Engineer�ng could
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FRIDLEY CITY COUNCIL pIEETING OF AUGUST 8, 1988
� vacate the facilities which could allow for a business with a higher parking
demand to locate on this parcel and create a situation which would not be
favorable to the City. Hir. Robertson stated it is obvious GLO engineerng is
outgrowing the facilities available at the site. i-Ie stated if ELO
Engineering relocates, there would be a building with a high percentage of
lot coverage which could be detrimental to the property.
Mr. Robertson stated the hardship cited by the petitioner is that they need
additional square footage for storage and material haudling and the ad�acent
property owner will not sell or lease any property.
Mr. Robertson stated the Appeals Commission at their July 19, 19II8 meeting
recommended approval of the variances.
MOTION by Councilman Sillings to deny Variance, V!?R �k88-18, for ELO
Engineering, 7770 Ranchers Foad N.E. Seconded by Councilmar. Eitzpatrick.
Councilman Sillings stated he realizes that ELO is an important employer in
the City and a very good organization which he respects. He stated,
unfortunately, a variance is forever and noc for a particular petitioner
and, at some future date, someone else may owr. the building. He stated one
variance to increase the lot coverage has already been granted. Councilaian
Billings stated he felt the amount of lot coverage would be too �reat and is
� the primary reason for recommending denial of the variances. he stated,
personally, he does not see a hardship.
Mr. Sackrison, Belt Line Construction, stated ELO's business has changed
requiring the storing of materials that previausly were shipped. He atated
there are currently 81 parking spaces and the City Code requires 103,
although only 58 persons are employed at any one time. Mr. Sackrison stated
an attempt was made to purchase or lease some ad�acent property, but they
were unable to do so. He stated the petitioner needs the space �.nd doee not
want to move. Mr. Sackrison stated ELO Engineering is a nice looking
industri2l building and he felt they do not hurt the City.
Mr. Herrick, City Attorney, stated a reasonable solution may be for FLO to
find another site to construct a warehouse facility as it appears, even �f
the variances were grante.d, it would only be a temporaxy solution.
Mr. Sackrison stated he tried to convince the petitioner. however, he only
mentaoned possible relocation to another state where he does most of his
business.
Mr. Flora, Public Works Director, stated another item that was not addressed
is the storm water rentention and it is a ma�or concerr. now that the Six
Cities Watershed Plan is being adopted. He stated if they are given a
building permit for expansion, there is a requirenent for review on how the
land is being used.
� Councilman Schneider asked if there was any way the City could assist ELO in
attempting to solve their problem.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 8, 1988
' Mr. Herr7.ck stated the City could explain the problem to che groperty owner
to the north to see if he may be willing to enter into a lease, if he does
not wish to se11.
Councilman Billings stated a lease would solve the variance on the parking,
but does not solve the square footage requirement, He thought perhape the
problem may be in the ordinance and square footage requirements in
industrial areas, however, he did not want to see buildings on top of
buildings.
Mr. Sackrison stated perhaps the requirements are wrong. He felt the
parking was too stringent, as they never have more than 58 car� in their
parking 1ot. He stated ELO is a good tenant and does everything to live
within the rules and laws of the City. He stated the petitioner could not
be here this evening as he was out of town.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTIODI, all voted aye, and Mayor Nee
declared the motion carried unanimously.
Mayor Nee stated the City would try and assiet ELO Engineering, if they
desire, in their attempt to acquire additior_al property as he would like for
them to remain a.n the community.
� 7. RESOLUTION N0. 64-1988 DESIGNATING POLLING PLACES AND APPOINTING ELECTION
JIIDGES FOR THE SEPTEMBER 13, 1988, STATEW7DE PRIMARY ELECTION:
MOTION by Councilman Schneider to adopt Resolution No. 64-1988. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Nfayor Nee
declared the motion carried unanimously.
8. �ONSIDERL�TION �E GHANGE ORDER N0. 1 FOR STREET IMPROVEMENT PROSECT ST.
1988-1 & 2•
Mr. Flora, Public Works Director, stated this change erder is necessary for
additional work on the City's sanitary sewer system on 63rd Avenue.
MOTION by Councilman Schneider to approve Change Crder No. 1 with C. S.
McCrossan Constiuction Co., Inc., in the amount of $13,901. Seconded Uy
Counca.lwoman Sorgenson. Upon a voice vote, all voting aye, Mayor D�ee
declared the motion carried unanimously.
9. �ONSIDERATION OF ADVERTISING FOR BID$ FOR AN AERATOR FOR THE WEST BASIN OF
MDORE LAKE,:
Mr. Elora, Public Works Director, statea funds from the grar,t have been set
aside for this aerator in Moore Lake, and it is requested Council authorize
advertising for bids.
� MOTION by Councilman Schneider to authorize the advertising for bids for the
Moore Lake West Basin aerator. Seconded by Councilman Eitzpatrick. Upon a
voice vote, all voting aye, Mayor Nee decl�red the motion carr�_ed
unanimously.
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FRIDLEY CITY COUNCIL MEETING OF AUGIIST 8, 1988
RESOLUTION N0. 65-1988 AUTHORIZING THE RECEIVING DF ALL BIDS AND THF�
RESECTING AND REORDERING OF CERTAIN BIDS FOR THE EXPANSION AND RENOVATION OF
CENTER AND PLAZA PARKING RAMP:
Mr. Robertson, Community Development Director, stated Exhibits A and B of
this resolution outlane the bids received for various portions of the Civic
Center/P1aza Ramp pro�ect, tIe stated the resolution, if adopted, receives
the bids listed in F.�chibits A and B, re�ECts those in Exhibit B(with two
exceptions) and orders rebidding for items in Exhibit B. He stated staff is
recommending that two items in Exhibit B, Specifications Section 09650,
Resilient Elooring, and 09680, Carpet, not be re�ected so the Council can
retain the option to either accept or re�ect these two bids as this is one
area where the Council may realize some savings.
Mr. Robertson stated Council would not be maica.ng any final decisions at this
point, but merely receiving the bids. He stated it is the intent to give
the Council alternatives for cost savings.
MOTION hy Councilman Schneider to adopt Resolution No. 65-1988, with the
followang addition: "except Specification Section 09650, Resilient
Flooring, and 09680, Carpet" on the first page, last paragraph, second line.
Seconded by Councilwoman Jorgenson. Upor, a voice vote, a11 voting aye,
Mayor Nee declared the motion carried unaninously.
CONSIDERATZON OF ENTERING INTO AN AGREEMENT WITH THE GOPHER STATE ONE—CA1.L:
This item was deleted when the agenda was adopted.
CLAIMS:
MOTIUN by Counciiman Billings to authorize payment of Claims Nos. 21674
through 21915. Seconded by Coun.cilwoman Jorgenson. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
LICFNSES•
MDTION by Councilwoman Jorgenson to approve the licenses as submitted and as
on file in the License Clerk's Office. Seconded by Councilman Schneider.
IIpon a voice vote, all voting aye, Mayor PSee declared the motion carried
unanimously.
14. ESTIMATES�
MOTION by Councilman Billings to approve the estimates us submitted:
Herrick & Newman, P.A.
6401 University Avenue N.E.
Suite 205
Fridley, MLV 55432
For Services Rendered as �ity Attorney
for the Month of Ju1y, 1988. . . . . . . . . . . .
�[Z
$ 2,955.6D
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ERIDLEY CITY COUNCIL MEETING OF AUGUST 8, 1988
Dailey Construction
11000 Highway 65, Ste. 106
Blaine, MN 55434
Satellite Eire Station
EINAL ESTIMATE . . . . . . . . . . . . . . . . . .
E. A. Hickok & Associates
545 Indian Mound
Wayzata, MN 55391
$ 79,897.57
Moore Lake Restoration Pro�ect
Partial Estimate . . . . . . . . . . . . . . . . . . $ 1,191.98
TKDA
2500 American National Bank Bldg.
St. Paul, MN 55101-1893
Commons Park Filtration Plant
Partial Estimate . . . . . . . . . . . . . . . . . . $ R94.00
C. S. McCrossan Constrnction, Inc.
Box 247, 7865 Hwy 18
Maple Grove, MN 55369
Street Improvement Pro�ect ST. 1988 — 1& 2
Estimate No. 1 . . . . . . . . . . . . . . . . . . . $51,962.82
Minnesota Valley Landscaping
97D0 Bush Lake Road
Minneapolis, MN 55438
Pro�ect No. 168
Estimate No. 13 . . . . . . . . . . . . . . . . . . $13,401.69
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
ADSOURNMENT•
MOTION by Councilwoman Jorgenson to ad�ourn the neetin�. Seconded by
Councilman Schneider. IIpon a voice vote, a11 voting aye, Mayor IQee declared
the motion carried unanimously and the Regular Meeting of the Fridley City
Council of August 8, 1988, ad�ourned at 10:35 p.m.
Respectfully submitted,
� �iLi�iZC� �f.-fl-O�-Gnn`-L�
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Carole Haddad
Secretary to the City Council
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William J �� Nee
Mayor