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06/19/1989 - 000069419THE MINUTEB OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF ' JUNE 19. 1989 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PRESENTATIONS: CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING: Mr. Pribyl, Finance Director, introduced Mr. Dan Faust, President of the Minnesota Government Finance Officers Association, who ' presented the Certificate of Achievement for Excellence in Financial Reporting to the City of Fridley. Mr. Faust stated this certificate is the highest form of achievement in governmental accounting and financial reporting and its attainment represents a significant accomplishment by the staff and Council. AWARD OF FINANCIAL REPORTING ACHIEVEMENT: Mr. Faust presented an Award of Financial Reporting Achievement to Julie Burt, Assistant Finance Director. He stated this award is presented to individuals who have been instrumental in their government unit achieving a Certificate of Achievement for Excellence in Financial Reporting. Mayor Nee and members o£ the Council extended their congratulations to Julie Burt on receivinq this award. Mr. Pribyl stated this is the eighth consecutive year the City has received the Certificate and, hopefully, many more will be reaeived in the years to come. ' .� FRIDLEY CITY COUNCIL MEETING OF JUNE 19, 1989 PaQe 2 ' APPROVAL OF MINUTES: COUNCIL MEETING. JUNE 5, 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following items were added to the agenda: (25) Consideration of Change Order No. 1 to the Sears Contract for Appliances for the Municipal Center and (26) Receiving a Letter from Kerry Van Fleet, Fridley Chamber of Commerce, Commending City Staff for their work during the 49er Celebration. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: � There was no response from the audience under this item of business. PUBLIC HEARING: 1. CONSIDERATION OF A FINAL PLAT. P.S. #89-01. SULLIVAN'S OVERLOOK, BEING A REPLAT OF PROPERTY GENERALLY LOCATED AT 1161 REGIS LANE N.E.. BY DAN SULLIVAN: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:44 p.m. Ms. Dacy, Planning Coordinator, stated it is a request to split the lot at 1161 Regis Lane. She stated the westerly lot contains a home and the easterly lot is the site where a new home will be constructed. Ms. Dacy stated the Planning Commission recommended approval of the preliminary plat subject to two stipulations which she outlined as follows: (1) there shall be no grading below the 952 foot elevation contour on the northeast corner of Lot 2 and (2) the access to Lot 2 shall be toward the westerly side of the lot and � shall be hard-surfaced. FRZDLEY CITY COUNCIL ME$TING OF JUNE 19, 1989 Paqe 3 � Mr. Sullivan stated he had no problems with the first stipulation, but felt it was unnecessary to insist the garage be on the west side of this lot. Ms. Dacy stated the Commission was concerned about traffic safety. She stated there is a rise in elevation which continues to the intersection and it was felt, with the driveway on the west, it would be easier to see vehicles approaching. Mr. Sullivan stated this is a school 2one area so traffic should be moving at reduced speeds. Councilwoman Jorgenson stated there is some difficulty in exiting the driveway of North Park School and seeinq traffic coming on Regis Lane. She stated she tends to agree that if �he driveway was on the west side, it would make for an easier egress. Mr. Sullivan stated he hated to be locked in to where the driveway is located. Mayor Nee stated it did not seem there is that large a volume of traffic in the area. No other persons spoke regarding this proposed plat. � MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:51 p.m. OLD BUSINESS• 2. ORDINANCE NO. 925 APPROVING A VACATION REQUEST, SAV #89-02, TO VACATE THE 30 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1, 2. 28 AND 29, HLOCK 2, COMMERCE PARK, THE SAME BEING 250 OSBORNE ROAD N.E.. BY JEROME FARRELL: MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 925 on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 3. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 7, 1989• A. CONSIDERATION OF A LOT SPLIT. L.S. #89-03, BY MAR-LEN DEVELOPMENT CORPORATION; TO SPLIT OFF THE EASTERLY 230 FEET ' OF LOT 1. BIACK 1, MAR-LEN ADDITION TO CREATE TWO SEPARATE LOTS GENERALLY LOCATED AT 81ST AVENUE N.E. AND HICKORY STREET N.E. FRIDLEY CITY COUNCIL EETING OF JIINE 19. 1989 Pave 4 � AND RESOLUTION NO. 51-1989 APPROVING A LOT SPLIT, L.5. #89-03. BY MAR-LEN DEVELOPMENT CORPORATION: Ms. Dacy, Planning Coordinator, stated this property is located east of Hiokory Street and north of the intersection of Hickory Street and 81st Avenue. She stated the petitioner is proposing to split the parcel into two lots. Ms. Dacy stated the reason the petitioner is proposing a north/south lot line is because the Hickory Street right-of-way now contains a drainage ditch. She stated a 20 foot driveway to be shared between the two parcels was originally proposed. Ms. Dacy stated the Planning Commission recommended revising the survey to provide street frontage for Parcel B. She stated the petitioner, therefore, created a 60 foot "flag lot" to parcel B from Parcel A and reserved a 15 foot driveway easement over Parcel A. She stated the petitioner has submitted a new survey as shown in the Council's agenda packet. Ms. Dacy stated stipulation No. 1 to provide a 25 foot driveway easement is no longer necessary with this new street arrangement. She stated it has been determined that the petitioner has paid the park fees and this should not be part of the stipulations. � Ms. Dacy stated staff is recommending approval of the lot split with the following 5tipulations: (1) a maintenance agreement concerning general upkeep and snow removal for the private driveway shall be recorded against both Parcel A and Parcel B prior to issuance of a building permit on either parcel; (2) a grading plan with stormwater calculations shall be submitted and approved by staff prior to building permit issuance; and (3) a 60 foot public right-of-way shall be created and a public road constructed should future subdivision occur. She stated staff is recommending an additional sentence be added to stipulation No. 3 to read as follows: "The property owners of Parcel A and B shall be responsible for costs associated with road construction including installation, operation and maintenance of the drainage system." Mr. Vanasse, the petitioner, stated he was aware of the stipulations, but not entirely sure of what has been added to stipulation No. 3. He stated since it is a public utility and property owners are normally assessed, he could not see the reason £or it. Mr. Flora, Public Works Director, stated there was concern that if a road was constructed in the future between Hickory and Main Streets, drainage improvements would be necessary. He stated staff felt it was essential that the properties that develop there bear the cost of the road and any drainaqe improvements. � Mr. Vanasse felt this was standard procedure through the assessment process. � FRIDLEY CITY COUNCIL MEETING OF JIINE 19, 1989 Yage 5 1 Mr. Herrick, City Attorney, stated if a street is constructed, it would be handled in the normal assessment manner and would include any storm sewer improvements. He felt, therefore, this sentence is probably not necessary. Councilman Billings stated he can see staff's position that if a road was constructed in the future, it would benefit the Mar-Len Addition, therefore, they should bear the cost. He stated it also opens the door for speculation as the City does not know what the adjacent property owners may do in the future. Mr. Herrick stated it seems like a lot of speculation and did not know if there is any indication of a road being constructed. Mr. Vanasse stated he did not contemplate any need for a road. Mr. Flora stated the sentence could be deleted as long as the property owner knows that if they petition for a road, the drainage system must be dealt with on a case-by-case basis. Mr. Herrick felt this could be handled in a letter of transmittal to the petitioner and kept on file. He stated normally a public drainage system is maintained by the City and not private land � owners. MOTION by Councilman Billings to adopt Resolution No. 51-1989 with the stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF A SPECIAL USE PERMIT. SP #89-09, TO ALLOW COMMERCIAL RETAIL, WITH A MOTOR FUEL STATION/CAR WASH, ON TRACT A, REGISTERED LAND SURVEY N0. 78, THE SAME BEING 7925 UNIVERSITY AVENUE N.E., BY PHILLIPS 66 COMPANY: Ms. Dacy, Planning Coordinator, stated this parcel is located in the southeast corner of 73rd and University Avenues. She stated the parcel is zoned M-2, heavy industrial and surrounding zoning is M-2 to the south and east, C-2 across University Avenue and to the northwest, and R-1 and R-2 to the north. Ms. Dacy stated the request for the special use permit is to allow 400 square feet of convenience retail in conjunction with an automotive service station. She stated a special use permit is needed for commercial activities in an industrial zone. Ms. Dacy stated the M-2 district establishes six performance standards to evaluate commercial retail uses in the M-2 districts, � which she outlined, and as noted in the staff report to the Council. She stated in regard to the square footage, which cannot exceed 30 percent of the building's total floor area, the total � ' � FRIDLEY CITY COIINCIL MEETING OF JUNE 14. 1989 Paae 6 area of the gas pump island and service building is approximately 5,940 square feet and the proposed retail area is 400 square feet or 14 percent of the total square footage. Ms. Dacy stated five parking spaces are required and the site plan indicates six parking spaces. Ms. Dacy stated the intent, as Par as signage, is to limit it to wall mounted signs. She stated no wall signage is proposed for the convenience retail use, but signage proposed on the canopy and a free standing pylon sign for the automotive use. She stated these proposed signs need to meet the requirements of the ordinance and would require some revision. Ms. Dacy stated the traffic attributable to the convenience retail is less than the traffic generated by the permitted use of the automotive service station. She stated staff's analysis is that those using the service station will use the convenience store in the same trip. Ms. Dacy stated as far as this use being compatible with the area, she stated the site plan needs to be revised to meet the 100 foot setback from the property line and changes are necessary to the landscaping plan to provide more screening and more native species of trees. Ms. Dacy stated as far as the standard that the building owner and/or agent shall be responsible for informing any prospective tenant tihat the property is zoned for industrial use, the standard is not applicable to this case. Ms. Dacy stated the Planning Commission by a 4-2 vote recommended approval of this special use permit with seven stipulations. She stated staff would also recommend approval with stipulations found on pages 4F and 4G of the agenda. Ms. Dacy stated regarding wetland area is less than is not necessary. the Planning Commission raised a question designations. She stated because the wetland four acres, an Army Corps of Enqineering permit MOTION by Councilman Billings to receive the letter and comments from Northco Corporation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Gary Gandrud, attorney for Phillips 66 Company, introduced Arlen Allison from the Real Estate Division of Phillips, who presented the proposal for Phillips 66. Mr. Allison stated there was a lengthy and complete presentation at the Planning Commission meeting regarding this application for ,� FRIDLEY CITY COIINCIL MEETING OF JUNE 19, 1989 Paqe 7 ' the special use permit. He stated Phillips 66 is proposing the construction of a service station at 73rd and University Avenues. He distributed a brochure entitled "First Impressions" to give the Council an idea of the type of station they would be constructing. He stated there would be a center island monitor with pump dispensers on either side and a car wash is normally located behind the service station. He stated the station would be company owned and operated. Mr. Allison presented a site plan showing what they proposed for this 2.39 acre parcel and a video of a similar station in Burnsville. Mr. Allison stated the proposed access is from 73rd Avenue and on the frontage road. He stated the area to the south will remain as it is now. Mr. Allison stated the retail portion is an accessory nature, but an essential part of the sales. He stated this would be different than any store which may have been operated by independent owners in the Fridley area. He stated another indication this is an accessory use is the amount of retail sales compared to the total volume. Mr. Allison stated staff has indicated criteria for approval of the special use permit and the floor area is at 14 percent which is � only half of the required standard. Councilman Billings stated the Council has received the Planning Commission minutes and is aware of all the code and ordinance requirements. Mr. Allison stated they would be in compliance with the parking and signage requirements and the traffic generated will not be impacted by the retail sales operation. He stated a 100 foot setback would be maintained from the north side of the 73rd Avenue service road, as opposed to the north side of the property line of the proposed site. Mr. Allison stated in their original proposal, they applied for a special use permit for the car wash and maintains it is a potential permitted use as a possible accessory use. Mr. Allison requested the Council consider this request for the special use permit to operate the commercial retail sales in an industrial building as he felt they meet all the requirements. Mayor Nee stated if there is disagreement on the 100 foot setback, he questioned how this would affect the site plan. Mr. Allison stated it would necessitate removal of more trees to � the south. C� � FRIDLEY CITY COUNCIL MEETING OF JUNE 19, 1989 PaCe 8 Mr. A1 Quam, 394 73rd Avenue, stated he was present to voice his objection to this development. He stated a neighborhood meeting was held and the opinion was unanimous by the neighborhood that they were opposed to this proposal. Mr. Quam submitted a petition containing several pages of signatures from property owners who were opposed. MOTION by Councilman Billings to receive Petition No. 9-1989 in opposition to this development. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Quam stated this type of operation will be open 24 hours with high traffic volumes. He felt the location of a gas station on this parcel would adversely affect property values, safety, and access to the neighboring residential area. He urged the representatives of Phillips 66 to take these petitions to heart and act accordingly. Mr. Tony Schreiner, 7372 Symphony Street, stated his home is one block north of this site. He stated his major concern is the traffic pattern and volume. He stated the primary outlet for the Melody Manor traffic is the north side of 73rd Avenue. He stated right now it is very difficult to get out, especially if you want to go east on 73rd. He did not feel the location of this gas station would help the situation at all. He stated there is the real potential of motorists making U-turns in order to proceed north to University Avenue. He stated he would disagree with staff that there would not be a traffic problem. Mr. Mark Richgels stated he operates the car wash on the northeast corner of 73rd and University. He stated between I-694 and Northtown, there are eight gas stations, three of which are open 24 hours, so there is a considerable amount of availability for this type of facility. Mr. Herrick, City Attorney, stated there are various factors the Council must take into consideration regarding special use permits. He stated the Council does not have complete control on how a person develops his property. He stated the City has a Zoning Code and if the property owners propose a use that is consistent with this code and meet the other building criteria, they are entitled to develop their property for a parmitted use. He stated one of the permitted uses for this M-2 property is for an automotive service station and it is his opinion they would be entitled to a permit for the station. Mr. Herrick stated regarding the retail sale of groceries and other similar products, there is a provision in the M-2 zone that would ' permit this type of sales provided certain conditions are met and the Council issues a special use permit. He stated for denial of a special use permit it must be demonstrated that the issuance of FRIDLEY CITY COUNCIL MEETING OF JIINE 19, 1989 Paqe 9 � the permit for retail sales would have a detrimental affect on the neighborhood and the City. Mr. Herrick stated the issue on whether Phillips 66 could construct a car wash in the M-2 zone, he has rendered an opinion that he does not feel they would be entitled to build a car wash either with or without a special use permit. Councilman Billings stated for the record he would like it known that a real estate representative of the Soo Line Railroad called him several weeks ago about his position. He stated he indicated to her that the Housing and Redevelopment Authority and the City is in the process of acquiring certain present and former gas station sites in the City to remove them and create better use of the property. He stated it might be reasonable to assume that he is not pro-gas station. He stated he did not want the City to become a gasoline alley. He stated there are now approximately eight gas stations between I-694 and Northtown. Councilman Billings stated at the same time, it has to be emphasized he has a duty to respond to the City codes and ordinances and will not and cannot act in an arbitrary and capricious manner. He stated at the same time, he will not do anything to go out of his way to issue a variance, special use � permit, or anything else that is not specifically required by the City ordinances. Councilman Billings stated he has a number of questions relative to this issue which he is not sure the staff and City Attorney can address this evening. He stated he was Chairman of the Planning Commission when the specific amendment to the M-1, M-2 and M-3 zoning districts took place authorizing accessory uses for the sale of certain products. He stated in approving these amendments, the Planning Commission was responding to areas where there is a large industrial development and it was felt accessory uses were needed, such as a catering service or small restaurant, to serve workers in these industrial areas. Councilman Billings stated the intent of the ordinance was not to have a 400 square foot operation that is different than the main use which is only 750 square feet. He stated he did not feel the square footage of the canopy should be considered in determining the size of the building. Councilman Billings stated at the Planning Commission meeting, there was comment that the service station/gas station industry is changing in scope. He stated a service station is no longer a place where you take your car to be serviced. He stated this station will not include a service bay and would like to know if � the City's definition of a service station is antiquated. He stated, in his mind, this is not a service station, but a gas station and felt there was a difference. He stated he would like Y y FRIDLEY CITY COUNCIL MEETING OF JUNE 19 1989 Paqe 10 � staff to research the other gas stations/service stations in the Citiy and advise how many have car washes and are located in commercial and industrial zones. Councilman Billings asked the Phillips 66 representatives if they received a copy of his memo to staff regarding the service road and if they have taken this into consideration. Mr. Gandrud stated they did receive the memo and have considered it. Councilman Billings stated since the City is investigating the possibility of whether or not to close the service road, he would like a recommendation from staff. He stated he alsa has questions if the City controls the permits for driveway openings. Mr. Herrick stated in regard to the issues of the setback and if a car wash is a permitted use in the M-2 area, it is his opinion the setback should be measured from the south right-of-way of 73rd Avenue. He also stated he did not feel that a car wash is a permitted use in the M-2 area. Mr. Herrick felt the number of service stations in a certain area is not a legitimate reason to deny a request if all other criteria � of the codes and ordinances is met. Mayor Nee asked if the size of the canopy should be considered in the square footage. Mr. Herrick stated he did not disagree with staff's interpretation and felt the ordinance does not say one way or the other. He stated it is a matter the Council will have to decide. Mr. Gandrud stated he felt Councilman Billings questions were raised at the Planning Commission meeting and one of the reasons this item was tabled for two weeks was to give consideration to these questions. He stated he did not know what more the staff could do in regard to this special use permit. He stated the letter £rom the City Attorney states the code lists automotive service stations as a permitted use and convenience stores require a special use permit. He felt some of the questions Councilman Billings raised were policy matters. He felt to study other stations in Fridley and change the definition of gas service stations is well taken, but did not apply to 400 square feet of retail sales which represents 8 percent of gross sales. Mayor Nee asked Mr. Gandrud if they were in agreement with all the stipulations. � Mr. Gandrud stated they can easily abide by the 100 foot setback. He stated he would like further discussion with the City Attorney in regard to the car wash through the appeals process. FRIDLEY CITY COUNCIL MEETING OF JUNE 19, 1989 Paqe 11 � Councilman Schneider asked Mr. Gandrud if they agree, for tax purposes, the building is really 5,940 square feet. Mr. Gandrud stated they are taxed for the improvements and the canopy is part of the improvement. Councilwoman Jorgenson stated when the Council revised the Zoning Ordinance, they were looking at tha sale of food as being a small portion of a business, and Mr. Gandrud stated it will be 8 percent of the sales. She stated it is not quite how the Council maintained the ordinance would be used. Councilman Billings stated it is apparent that somewhere along the line, the original intent of this amendment was lost. He stated he would like staff to research the Planninq Commission and City Council minutes to see exactly what was the legislative intent. He stated it was not his intent to allow such an operation in an industrial zone. Mr. Gandrud stated the ordinance lists six performance standards to evaluate commercial retail uses in industrial districts and it states the floor area should not exceed 30 percent. He stated they do meet this requirement. 1 Councilman Billings stated there is the question on the size if the building is actually 750 square feet or 5,940 square feet. MOTION by Councilman Billings to table this item to July 10, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion oarried unanimously. 5. ESTABLISH A PUBLIC HEARING FOR THE SALE OF EXCESS PROPERTY AT 1220 52ND AVENUE N.E. FOR JULY 10. 1989: MOTION by Councilman Sillings to set the public hearing on this item for July 10, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ESTABLISH A PUBLIC HEARING FOR A VACATION REOUEST, SAV #89- 03, TO VACATE A SIX FOOT AND THE EAST ONE FOOT OF A DRAINAGE AND UTILITY EASEMENT IN CERTAIN TRACTS OF RLS NO. 94 AND IN THE GENA RAE ADDZTION FOR JULY 24, 1989: MOTION by Councilwoman Jorgenson to set the hearing on this vacation request for July 24, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LJ P� � � FRIDLEY CITY COUNCIL MEETING OF JUNE 19, 1989 Pa4e 12 7. CONSIDERATION OF REQUEST BY FRANCES ANDERSON TO RECONSIDER COUNCIL ACTION ON OCTOBER 15, 1979: Ms. Dacy, Planning Coordinator, stated in 1979, Mr. Anderson received Council approval to construct a 30 by 32 foot steel pre- fabricated garage on the property at 7748 Elm Street. She stated the property is considered non-conforming because a single family home exists on this property. She stated the construction of this garage was approved with the stipulation that it be removed on the sale of the property or in ten years, whichever came first. She stated the property was also not to be sold for residential habitation with the garage on the property. Ms. Dacy stated Mr. Anderson is requesting the Council to reverse their action taken on October 15, 1979 in order that he may sell the property and allow the new owner to live in the home until he could build an industrial building on the property. Mr. Grundhofer, Mr. Anderson's attorney, stated the prospective buyer is here this evening and the whole thrust of the proposal is to facilitate the sale of this property. He stated the prospective buyer, Mr. Grangruth, intends to use the property in a similar manner for a sandblasting business. He requested the Council consider the request and allow the continuation of the use of the garage and residence as an office. Mayor Nee asked if Mr. Grangruth would be residing in the home. Mr. Grundhofer stated he was not clear on Mr. Grangruth's intent, but would like this as an option. Mr. Herrick stated he spoke with Mr. Grundhofer's associate about whether the home would be used for an office or as a residential dwelling. He stated if it was to be used as an office, he felt the code requirements would be met and would recommend the Council approve the request. He stated, however, if the home is used as a residential dwelling, he felt it was contrary to the Council's intent in 1979 and would recommend the request not be approved. Councilman Billings stated his predecessor voted against the Council motion on Oatober 15, 1979. He stated ten years ago, the City had hopes of cleaning up the entire area and non-conforming uses. He stated he did not like the idea of having industry in residential neighborhoods or residences in industrial areas. He stated, however, things have not worked out over the last ten years as the Council had hoped. Councilman Billings stated when Mr. Anderson approached the Council in 1979, he had a verbal agreement with an insurance company to ' purchase the property in the near future. He stated, unfortunately, this company located in a neighboring city. He stated this issue was part of the reason Mr. Anderson agreed to FRYDLEY CITY COIINCIL MEETING OF JIINE 19, 1969 Paqe 13 � this stipulation. He stated there is another piece of property immediately south tihat is vacant and for sale and, in terms of long-range goals, it would be beneficial to tie these two together and create one industrial site. Mr. Grangruth stated he would use the garage for sandblasting for approximately ten years to give him time to build up his business. Councilman Billings asked his plans for the residential dwelling. Mr. Grangruth stated he probably would be living in the home. Councilman Billings asked if the building met the setback requirements. Mr. Anderson stated the building on the north is built to a zero lot line and wanted to know if he could build to a zero lot line. Councilman Billings stated the question of whether Mr. Anderson would be able to construct another buildinq with a zero lot line is something that would have to go throuqh the appeals process. Mr. Grundhofer requested the Council consider, as an alternative, an extension for another ten years to allow his client to proceed � with the sale. Mayor Nee asked if the house would be removed if a zero lot line was approved. Mr. Grangruth stated he would within the next ten years. He stated he first needed to establish his business. Mr. Grundhofer stated it seems the perfect solution would be for the City to purchase both the lots. He stated his client is not able to bear the cost that will be incurred in complying with the Council's action of October, 1979. Mr. Herrick statad the prospective buyer could use the home as an office, but the problem is they want to use the site both for industrial and residential purposes. MOTION by Councilman Billings to concur and reaffirm the Council action taken on October 15, 1979 which stipulated that the garage be removed upon the sale of the property or in ten years from October 15, 1979, whichever came first. Seconded by Councilman Schneider. Councilman Billings stated if he were to see something positive in terms of a purchase option for the adjacent site, he would probably � reconsider. He stated at this time, he did not feel it is in the best interests of the City and prospective buyer to act favorably on Mr. Anderson's request. � FRIDLEY CITY COUNCIL MEETING OF JUNE 19. 1989 PaCe 14 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of June 7, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: A recess was called at 9:41 p.m. by Mayor Nee. RECONVENED• Mayor Nee reconvened the meeting at 9:58 p.m. All Council members were present. 8. CONSIDERATIQN OF FIRST READING OF AN ORDINANCE PROVIDING FOR TRANSFER OF TITLE OF TFiE FRIDLEY PLAZA PARiCING RAMP LAND: AND CONSIDERATION OF AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND USE OF FRIDLEY PLAZA RAMP: � Mr. Robertson, Community Development Director, stated at the March 6, 1989 meeting of the City Council, it was informally agreed that the City would deed to the HRA the balance of the land upon which the parkinq ramp is situated. He stated the City would then reserve a non-exclusive easement for the use of this property. He stated there was also discussion that the City would enter into an agreement with the HRA where the City would have express authorization to use this ramp for public purposes. Mr. Robertson stated in order to accomplish this transfer of title, an ordinance has been prepared. He stated it was found there was an error in the leqal desaription and this has now been corrected. He stated the correot legal description is contained in the ordinance. Mr. Robertson stated in regard to the maintenance of this parking ramp, the HRA has agreed to split both the annual and periodic maintenance costs with the City and this is contained in the agreement. He stated staff recommends the first reading of the ordinance and approval of the maintenance agreement with the HRA. Mr. Herrick, City Attorney, asked if the legal description was the one done by the surveyor, to which Mr. Robertson answered in the affirmative. � MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman FRIDLEY CITY COONCIL MEETING OF JIINE 19, 1989 PaQe 15 ' Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to approve the agreement with the Housinq and Redevelopment Authority for construction, maintenance, and use of the Fridley Plaza Parking Ramp. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF CHANGE ORDER NO. 9 FOR FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189: MOTION by Councilman Schneider to authorize Change order No. 9 for the Fridley Municipal Center Improvement Project No. 189 in the amount of $6,733.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF CHANGE ORDER N0. 1 FOR STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1& 2: MOTION by Councilman Schneider to authorize Change Order No. 1 with Gammon Brothers for Street Improvement Project No. ST. 1989 - 1& 2 in the amount of $23,420.00. Seconded by Councilwoman Jorgenson. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF ADVERTISEMENT FOR BIDS FOR THE EXTERIOR REPAIR OF THE 3 MILLION GALLON WATER RESERVOIR: Mr. Flora, Public Works Director, stated AEC Engineers, the City�s consultant, has inspected this water reservoir and identified structural repair work inside the tank, as well as necessary roof insulation. He stated this repair is scheduled over a two year period and requested the Council authorize advertisement for bids for the repair work. MOTION by Councilman Fitzpatrick to authorize advertising for bids for the repair of the 3 million gallon reservoir. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motiion carried unanimously. 12. CONSIDERATION OF ADVERTISEMENT FOR BIDS FOR THE REPAIR OF THE 1.5 MILLION GALIAN WATER RESERVOIR: Mr. Flora, Public Works Director, stated AEC Engineers, the City's consultant, inspected this reservoir and due to the leakage of water through the concrete, recommends installation of a vinyl liner. He requested the Council authorize advertisement for bids � for this work. FRIDLEY CITY COUNCIL MEETING OF JUNE 19, 1989 Pa4e 16 ' MOTION by Councilman Fitzpatrick to authorize advertising for bids for the repair of the 1.5 million gallon water reservoir. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION TO REJECT LANDSCAPING AND SIGNAGE BIDS FOR THE FRIDLEY MUNICIPAL CENTER AND TO REVISE SPECIFICATIONS AND REBID WORK: Mr. Flora, Public Works Director, stated staff would recommend the readvertisement for bids. He stated there was some concern about the performance bond and schedules which may have had an adverse impact on the bids which were received. He stated in readvertising, the schedule will be extended and bid specifications sent to more nurseries and sign companies in the area. He stated this information was presented to the HRA and they concurred with rejectinq the bids and readvertising. MOTION by Councilwoman Jorgenson to reject the landscaping and signage bids for the Fridley Municipal Center. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to authorize the readvertisement for � bids for landscaping and signage for the Fridley Municipal Center. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CONSIDERATION OF PETITION NO. 8-1989 FROM DELTA ENVIRONMENTAL CONSULTANTS, INC. REQUESTING INSTALLATION OF A MONITORING WELL ON CITY OF FRIDLEY PROPERTY: Mr. Flora, Public Works Director, stated Delta Environmental Consultants, Inc. is conducting a ground water monitoring evaluation of the Rapid Oil property at 57th and University Avenues. He stated in their analysis, they propose to install a down stream monitorinq well on the south side of 57th Street in the boulevard in front of the Super America station. He stated staff recommends the Council receive the petition to install the monitor well on City property. Mr. Flora recommend the Council also stipulate that the City be held harmless and be provided copies of the results of their water monitoring evaluation. MOTION by Councilman Schneider to receive Petition No. 8-1989 for Delta Environmental Consultants, Inc. to install a monitoring well on City property, with the stipulation the City be held harmless and provided with copies of the results of this monitoring. � Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' � FRIDLEY CITY COIINCIL MEETING OF JUNE 19, 1989 Paqe 17 15. RECEIVE THE MIN[TTES OF THE CATV ADVISORY COMMISSION MEETING OF APRIL 20, 1989: MOTION by Councilwoman Jorqenson to receive the minutes of the Cable Television Commission meeting of April 20, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVING THE BIDS AND AWARDING THE CONTRACT FOR THE WEST FRIDLEY SATELLITE FIRE STATION: MOTION by Councilwoman Jorgenson to receive the following bids for the West Fridley Satellite Fire Station: Mikkelson-Wulff Construction Morcon Construction Dailey Construction Karlen Construction $206,705.D0 $203,450.00 $167,500.00 $171,711.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Aldrich, Fire Chief, stated staff would recommend the Council award the contract for the West Fridley Satellite Fire Station to the low bidder, Dailey Construction in the amount of $167,500.00. Mr. Aldrich stated this new satellite station will be located on the corner of 77th and East River Road. He stated it will be almost identical to the one on Central Avenue with the same structural design and aesthetics. He stated screening will be provided for adjacent apartment buildings so residents would not be affected by car lights coming into the parking lot at night. MOTION by Councilman Fitzpatrick to award the bid for construction of the West Satellite Fire Station to the low bidder, Dailey Construction, in the amount of $167,500.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 17. RESOLUTION NO. 52-1989 AIITHORIZING THE TRANSFER OF FUNDS TO THE FIRE STATION CONSTRUCTION FUND FOR THE CONSTRUCTION OF SATELLITE FIRE STATION NUMBER THREE: MOTION by Councilman Schneider to adopt Resolution No. 52-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JIINE 19. 1989 Paae 18 , 18. RESOLUTION NO. 53-1989 APPROVING AMENDMENT TO THE FRIDLEY VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION BY-LAWS: Mr. Aldrich, Fire Chief, stated this by-law amendment has been approved by the Fridley Firefighters Relief Association and approval by the Council will allow the Association to forward the changes to the State of Minnesota as required by law. Mr. Aldrich stated the amendment is, basically, a housekeeping issue which applies to the special fund liquidity. He stated this amendment would allow a member's benefit application to be paid without prematurely selling investments. He stated, currently, the benefit must be paid within 30 days and this amendment allows for payment in 90 days. He stated this extension gives the Board more time to have liquid funds available to pay the benefit. MOTION by Councilman Fitzpatrick to adopt Resolution No. 53-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 54-1989 AUTHORIZING THE LOAN OF MONIES TO THE FRIDLEY HISTORICAL SOCIETY: Mr. Warren Woods, representing the Historical Society, stated they � are in agreement with the proposal for a no interest loan from the City up to $7,000 payable over a ten year period. MOTION by Councilman Fitzpatrick to adopt Resolution No. 54-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTION N0. 55-1989 CONGRATULATING THE CITY OF FOURMIES, FRANCE ON THE OBSERVANCE OF BICENTENNIAL EVENTS: MOTION by Councilman Schneider to adopt Resolution No. 55-1989. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION NO. 56-1989 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE JULY 18, 1989 SPECIAL ELECTION: MOTION by Councilman Schneider to adopt Resolution No. 56-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims � No.26688 through 26959. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion oarried unanimously. CJ LJ � FRIDLEY CITY COUNCIL MEETING OF JUNE 19. 1989 Page 19 23. LICENSES' MOTION by Councilman Fitzpatrick 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 declare the motion carried unanimously. 24. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Smith, Juster, Feikiema, Malmon & Haskvitz 1000 IDS Center 80 South Eighth Street Minneapolis, MN 55402 For services rendered for City Prosecutor For the month of March 1989. ...... For the month of April 1989. ...... Layne Minnesota 1147 California St. N.E. Minneapolis, MN 55418 Repair o£ Well No. 8 FINAL ESTIMATE . . . . . . . . C.S. McCrossan, Inc. P. O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 13 . . . . . . . . . . . . . . . . . J.T. Noonan 3601 48th Ave., N. Brooklyn Center, MN 55429 Corridor Maintenance Project No. 190 Estimate No. 2 . . . . . . . . . . . . . . . . Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, MN 55428 $ 8,910.00 $ 7,785.00 $ 9,632.80 $ 15,466.52 $ 4,980.72 Water, Sanitary Sewer & Storm Sewer Project No. 188 Estimate No. 3 . . . . . . . . . . . . . . . . $ 95,140.43 a �I � � FRIDLEY CITY COUNCIL MEETING OF JUNE 19, 1989 Page 20 Civic Center Remodeling Pay Application #9 Invoices through 5-31-89 . . . . . . . . . . . . $370,682.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. CONSIDERATION �F CHANGE ORDER N0. 1 TO THE SEARS CONTRACT FOR APPLIANCES FOR THE MUNICIPAL CENTER: Mr. Flora, Public Works Director, stated this change order is to replace the double oven with a single oven and decreases the contract with Sears for the appliances by $380.00. MOTION by Councilman Schneider to authorize Change Order No. 1 to the appliance contract with Sears by decreasing the contract by $380.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26. RECEIVING LETTER FROM KERRY VAN FLEET. FRIDLEY CHAMBER OF COMMERCE. COMMENDING CITY STAFF FOR THEIR WORK DURING THE 49ER CELEBRATION: MOTION by Councilman Fitzpatrick to receive this letter from Kerry Van Fleet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 19, 1989 adjourned at 10:21 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: �-,� � ��"-�-- William J. Nee Mayor a