10/07/1991 - 00006221�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNC2L OF
OCTOHER 7, 1991
The Regular Meeting of the Fridley City Council was called to order
at 7:35 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:
MEMBERS ABSENT:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Councilman
Fitzpatrick
None
PRESENTATION OE PROCLAMATSON:
FIRE PREVENTION WEEK - OCTOBER 6-12, 1991:
Mayor Nee read and issued a
October 6 through 12, 1991 a:
citizens to visit the City's
1:0o to 5:0o p.m. He stated
the University Avenue Fire
demonstrations, how to plan �
escape drill for children,
presented this proclamation
proclamation proclaiming the week of
Fire Prevention Week. He invited all
three fire stations on October 12 from
that special programs will be held at
Station including fire extinguishing
safe escape from your house, a smokey
videos and much more. Mayor Nee
to Fire Chief, Chuck McKusick.
Mr. McKusick stated that he hoped the public would come to their
open house on Saturday, as it will be a great opportunity for
citizens to review this public safety program. He stated that Dick
Larson, Deputy Fire Chief, had 1,535 children go through the fire
escape house. He stated that Mr. Larson and the Fire Department
volunteers have done a iantastic job of promoting the program, and
the house is provided by the Fire Marshals Division of the North
Suburban Regional Mutual Aid Association.
APPROVAL OF MINUTES:
COUNCIL MEETING, SEPTEMBER 30. 1991:
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.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7. 1441 PAGE 2
� ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
MR. PETER EISENZIMMER, 6535 OAKLEY DRIVE:
Mr. Eisenzimmer voiced his concern about assessments for the
improvements on 67th Avenue and Oakley. He stated that these
improvements were identified in a notice in the Fridlev Sun-Focus.
He stated that it was his understanding the residents on Oakley
Drive and 67th Avenue would not be assessed, but the costs of the
improvement were to be paid by the developer.
Councilman Billings stated that the assessments for the improvement
of 67th Avenue will be paid for by the properties on 67th. He
stated that the City still has to go through the process of the
public hearing regardless of who pays for the improvement. He
advised Mr. Eisenzimmer that he did not receive a copy of the
assessment notice, as it is not proposed that his property be
assessed for any of this improvement. He stated that all the
� assessments would be to those properties which Mr. Brickner
purchased, as well as to the church property.
Mr. Eisenzimmer stated that there is a lot of traffic in the area
with cars racing on Oakley Drive. He stated that people cannot
sleep and felt this should be checked.
Mr. Burns, City Manager, asked when this problem is occurring.
Mr. Eisenzimmer stated that it occurs on week nights, but more so
on the weekends. He stated that it begins around 10:00 p.m. and
goes on until 2:00 or 3:00 in the morning. He suggested that a
gate be placed in front of the church so vehicles cannot get into
that property.
Mayor Nee stated that he understands the church has had some
vandalism, and they probably do not like what is going on either.
Councilman Billings stated that he felt a more permanent barricade
at the end of Oakley Drive would give assurances to the
neighborhood that the City is not trying to build a roadway there.
He asked about the plans for planting and erosion control along the
area where the street sweepings had been placed.
Mr. Flora, Public Works Director, stated it is hoped that some
� additional dirt would be obtained, and he said the church is
working on landscaping their portion of the property. He stated
that the City will plant some trees next year.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7. 1991 PAGE 3
Mr. Eisenzimmer stated that he was told by a memher of the church
that the road would be through next year.
Councilman Billings stated that this must have been a
misunderstanding on the church's part. He stated that there are
no plans for the City to complete the connection between Oakley
Drive and 67th Avenue.
Mayor Nee stated that if there is a misunderstanding, it should be
straightened out.
Councilman
of sending
position.
Billings stated that he would take the responsibility
a letter to the church informing them of the City's
Councilwoman Jorgenson stated that it may be beneficial to include
in this letter the concerns about the cars and stepping up patrols
of this area.
NEW BUSINESS•
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RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 18, 1991:
ESTABLISH A PUBLIC HEARING FOR OCTOBER 21. 1991, FOR AN
AMENDMENT TO THE ZONING ORDINANCE TO CHANGE THE DEFINITION OF
A KENNEL•
MOTION by Councilman Schneider to set the public hearing on this
amendment to the Zoning Ordinance for October 21, 1991. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
B. ESTASLISH A PUBLIC HEARING FOR OCTOBER 21, 1991, FOR A
REZONING REOUEST, ZOA #91-02, BY THOMAS BRICKNER, TO REZONE
FROM C-1, LOCAL BUSINESS, AND C-2, GENERAL BUSINESS, TO R-3,
GENERAL MULTIPLE DWELLING. ON LOT 2 AND THE SOUTHERLY 399 FEET
OF LOT 3, AUDITOR'S SUBDIVISION NO. 88, TO ALLOW THE
CONSTRUCTION OF AN APARTMENT BUILDING, GENERALLY LOCATED AT
6450 CENTRAL AVENUE N.E.:
MOTION by Councilman Schneider to set the public hearing on this
rezoning request, ZOA #91-02, for October 21, 1991. Seconded by
Councilman Billings.
Councilman Schneider stated that at the Planninq Commission meeting
there was discussion after the meeting, and some of the residents
thought the petitioner was withdrawinq this reguest. He asked that
staff re-notify the neiqhborhood and any of those persons who
attended the Planning Commission meeting that this item will be
discussed by Council on October 21.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7, 1991 PAGE 4
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to receive the minutes of the
Planning Commission meeting of September 18, 1991. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
2. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
SEPTEMBER 3, 1991:
A. VARIANCE REOUEST, VAR #91-28. BY RICHARD PETERSON TO INCREASE
THE HEIGHT OF A FENCE IN THE FRONT YARD FROM 4 FEET TO 6 FEET
ON LOTS 4. 5 AND 6, BLOCK 3, SPRING BROOK PARK, THE SAME BEING
7939 EAST RIVER ROAD:
Ms. Dacy, Community Development Director, stated that this is a
request for a variance to the height of a fence in the front yard.
She stated that the petitioner is proposing a six foot high fence
rather than the four foot allowed by the code. She stated that the
Appeals Commission recommended approval by a 3 to 1 vote.
Ms. Dacy stated that the Appeals Commission felt the height of the
fence was necessary in order to provide the maximum amount of
� protection, as the elevation of East River Road is higher than this
property. She stated that the Commission also noted that there are
a number of fences on properties in this particular area, and that
the property to the south of this parcel was granted a similar
variance.
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Ms. Dacy stated that staff is recommending denial of this variance
request.
MOTION by Councilman Fitzpatrick to concur with the recommendation
of the Appeals Commission and grant Variance Request, VAR #91-28.
Seconded by Councilman Schneider.
Councilman
River Road
privacy.
Fitzpatrick stated that there is heavy traffic on East
which does have an a££ect on the property owner's
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 7, 1991 PAGE 5
� 3. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER
17, 1991:
A. VARIANCE REQUEST, VAR #91-29, BY KENNETH SPELTZ AND RICH
KLEINOW, SKYLINE VETERINARY HOSPITAL. TO REDUCE THE REQUIRED
FRONT YARD SETBACK FROM 80 FEET TO 48 FEET TO ALLOW THE
CONSTRUCTION OF AN ADDITION, ON LOT 2, BLOCK 1, HERWAL SECOND
ADDITION, THE SAME BEING 6220 HIGHWAY 65 N.E.:
Ms. Dacy, Community Development Director, stated that this is a
request for a variance to reduce the front yard setback from 80 to
48 feet. She stated that this property was previously granted a
front yard variance from SO to 55 feet. She stated that this
property is zoned C-3, as are all adjacent properties. She stated
that Miller Funeral Home to the south and the Moore Lake Office
complex to the north were also granted variances to 55 feet for the
front yard setback.
Ms. Dacy stated that the owner is proposing an addition to the
front and rear of the existing building. She stated that the
purpose of the addition is to expand the waiting room, lounge, and
office area in the front and expand the boarding area for the
animals in the rear.
' Ms. Dacy stated that staff is recommending denial of this variance
request based on the analysis that the property owner has
reasonable use of the property, and that the addition could be made
to the rear of the building.
Ms. Dacy stated that the Appeals Commission recommended approval
based on their finding that the additional footage in the front
yard would not decrease any sight lines, that there were no
objections from property owners in the area, and no adverse
aesthetic impact. She stated that the Commission also felt the
addition of the office area, lounge, and waiting room could not be
accomplished by adding to the rear of the building.
Councilman Billings questioned if some of the interior plans for
the building could be changed, such as moving the examining rooms,
so that the expansion occurs to the rear. He questioned if the
property owners had looked at keeping the addition within the
confines of the existing front yard setback.
Mr. Rich Kleinow, Skyline Veterinary Hospital, stated that to move
the examining rooms towards the rear would involve a lot of
remodeling because of the terrazzo, plumbing, and counter work.
He stated that they are requesting this seven foot variance
primarily to modernize the clinic.
� Mr. Kenneth Speltz, Skyline Veterinary Hospital, stated that they
have revised their plan several times and solicited recommendations
from the Appeals Commission. He stated that the addition could be
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FRIDLEY CITY COUNCIL MBETING OF OCTQBER 7, 1991 PAGE 6
done to the rear of the building at a huge expense and,
essentially, shutting down the business for a period of time. He
stated that this would increase their construction costs between
$20,000 and $30,000.
Councilman Schneider asked the percentage increase in order to make
this change.
Mr. Speltz stated that it would cost between one-fourth and
one-third more. He stated that the estimated cost for the entire
addition is $60,OD0.
Mr. Speltz stated that there is a bowling alley to the north that
is two feet from the curb. He stated that the gas station has
about a 40 foot setback, and the Brickner building has about a 50
foot setback.
Ms. Dacy stated that all the properties in this area are not built
to the 80 foot setback requirement. She stated that when this area
was vacant it was anticipated some type of shopping center would
be constructed. She stated that several other businesses in the
area have obtained variances to reduce the front yard setback. She
stated that if the property was zoned C-2 a 35 foot setback would
be allowed, and this variance would not be required.
Ms. Dacy stated that staff is recommending denial of this variance;
however, there could be a legitimate argument that the zoning may
not be appropriate in this general area and that the 80 foot
setback is too restrictive.
Councilman Schneider stated that he would like to see the aerial
photos of this area and the alignment of this property with
existing businesses.
Councilman Billings stated that it may be appropriate to check with
adjacent property owners to determine if they would favor a
rezoning ta C-2 which would allow a 35 £oot setback. He stated
that he would like the opportunity to review other options.
Mr. Kleinow asked if it would be a complicated procedure in getting
the other property owners involved if there is a rezoning.
Councilman Billings stated that it could be, however, staff would
need to contact the other property owners to determine if they are
interested in a rezoning.
MOTION by Councilman Schneider to table this item for further
information from City staff. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7, 1991 PAGE 7
� Councilman Billings stated that he would like to compliment the
owners of Skyline Veterinary Hospital on the excellent job they
have done in providing the City's animal control services.
B. VARIANCE REOUEST, VAR #91-30, BY BRUCE AND SUZANNE HANLEY,TO
REDUCE THE REQUIRED REAR YARD SETBACK FROM 25 FEET TO
18.7 FEET, TO ALLOW THE CONSTRUCTION OF A THREE-SEASON PORCH,
ON THE WEST 130 FEET OF LOT 31, REVISED AUDITOR'S SUBDIVISION
NO. 77, EXCEPT THE WEST 25 FEET THEREOF, GENERALLY LOCATED AT
132 ALDEN CIRCLE N.E.:
Ms. Dacy, Community Development Director, stated that this property
is located in the northeast corner of Alden Circle and 71-1/2 Way.
She stated that the variance is to reduce the rear yard setback
from 25 to 18.7 feet to allow the enclosure of an existing deck.
She stated that staff had recommended denial of the variance
because the property owner had other alternatives.
Ms. Dacy stated that the Appeals Commission recommended approval
of the variance on a 3 to 1 vote as they felt the variance would
not have an adverse impact since there is adequate distance between
the rear and the nearby adjacent structure.
MOTION by Councilman Fitzpatrick to concur with the recommendation
' of the Appeals Commission and grant Variance Request, VAR #91-30.
Seconded by Councilman Billings.
Councilman Fitzpatrick stated that if this home faced 71-1/2 Way,
a variance would not be needed.
Councilwoman Jorgenson asked if the petitioner had a seven foot
high fence.
Mr. Hanley stated that at the Appeals Commission meeting someone
stated the fence was seven feet high, but the fence is actually six
Peet high.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
4. RESOLUTION AIITHORIZING CONSTRUCTION OF A GARAGE WITHIN A
UTILITY EASEMENT OVER THE VACATED ALLEY EAST OF LOTS 25
AND 26. BIACK 5, FIYDE PARK:
Ms. Dacy, Community Development Director, stated that this
resolution is to allow the encroachment of a detached garage into
a utility easement. She stated that when the petitioner, Mr.
Johnson, went through the vacation, variance, and memorialization
processes, one of the requirements of the vacation request was that
' Council pass a resolution authorizinq a specified distance of
encroachment in the retained easement and the City's conveyance of
the east half of the alley to owners west of the alley.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7. 1991 PAGE 8
Councilman Sillings stated that at the last Council meeting, the
time period was extended for the variance, and it was staff's
belief that the petitioner may move the location of the garage.
He questioned how much green area would be left in the back yard
if there is a deviation from the original plan.
Ms. Dacy stated that she asked Mr. Johnson which plan he wished to
pursue, and understands he is considering a change from his
original plan; however, he still needs a letter from the property
owner to the south. 5he stated that Councilman Billings' comment
is well-taken because there would be more green area with the
original plan.
Councilman Billings stated that although the numbers in the
variance are the same, the location of the garage is a substantial
change, and he would like some time to review the plan and discuss
options. He stated the worst case scenario is that this request
may have to be processed again throuqh the Commission, so there is
a mailing to the neighborhood regarding Mr. Johnson's plans.
MOTION by Councilman Billings to table this item to the November 4,
1991 Council meeting. Seconded by Councilman Fitzpatrick. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
5. RESOLUTION RENAMING VIRON ROAD TO HIGHWAY 65 EAST 5ERVICE
DRIVE•
MOTZON by Councilman Schneider to table this item. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
6. RESOLUTION NO. 78-1991 DESIGNATING POLLING PLACES AND
APPOINTING ELECTION JUDGES FOR THE NOVEMBER 5, 1991 GENERAL
ELECTION•
MOTION by Councilman Billings to adopt Resolution No. 78-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
7. APPROVAL OF LEASE AGREEMENT WITH RECXCLE MINNESOTA RESOURCES.
INC.'
Ms. Lisa Campbell, Planning Assistant, stated that this agreement
sets forth the terms and conditions under which Recycle Minnesota
Resources may lease the property and run a redemption center at
350 - 71st Avenue N.E. She stated that this agreement is for a
two-year period and expands the materials accepted to include
magazines. She stated that it is requested the $1.00 fee to lease
the site be waived, Recycle Minnesota Resources' staff would assist
in enforcing yard waste hours, and the City aqrees to correct the
drainage problem at the site at a cost of about $150.00.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7. 1991 PAGE 9
� Ms. Campbell stated that the City has not received any complaints
in the last two years regarding this site, and the employee of
Recycle Minnesota Resources who is at the site has been
outstanding. She stated that this person is always willing to work
with residents to insure their materials are acceptable, and he was
recently honored with a service award from Recycle Minnesota
Resources.
Ms. Campbell stated that tonnage at the site has increased
45 percent since 1986. She stated that the General Manager of
Recycle Minnesota Resources, Mr. Locey, was here this evening to
answer any questions.
Councilwoman Jorgenson asked what was involved to correct the
drainage problem.
Mr. Flora, Public Works Director, stated that some fill would be
installed in front of the building.
Councilwoman Jorgenson asked if consideration has been given to a
hard surface. She stated that the area is a mud hole in the spring
and late fall. She stated she would like to ask that Council
consider installing a hard surface driveway and possibly including
this item in the capital improvements program for next year.
� MOTION by Councilwoman Jorgenson to authorize entering into this
lease agreement with Recycle Minnesota Resources. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to direct staff to check further
into the possibility of installing gutters on the building at the
recycling center and also the installation of a hard surface
driveway. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
Mr. Locy, General Manager of Recycle Minnesota Resources, stated
that they appreciated working with the City of Fridley and felt
that their employee had done a good job at the recycling center.
He stated that he also appreciated the relationship and cooperation
they have had with Lisa Campbell of the City's staff.
8. APPROVAL OF AGREEMENT WITH ON-LAND ENVIRONMENTAL
OPPORTUNITIES, INC. {�LEO):
AND
APPROVAL OF ADDENDUM TO AGREEMENT WITH NASH DISPOSAL, INC.:
Ms. Campbell, Planning Assistant, stated that this agreement with
OLEO would allow for the transfer of the City's yard waste to OLEO
� farms. She stated that OLEO is a group of Anoka County farmers who
are pursuing the development of land spreading yard waste as an
alternative to large-scale composting. She stated that in 1988,
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7, 1991 PAGE 10
� OLEO was established as a non-profit organization in order to
receive financial and technical assistance. She stated that in
that same year, they completed their first study on the effect of
land spreading on corn crop productivity. She stated that the
study is being monitored by the University of Minnesota. She
stated that the 1988 study was inconclusive, but later studies have
indicated some increased crop productivity.
Ms. Campbell stated that it is not likely that County-based
large-scale composting sites will have the capacity to manage yard
waste indefinitely and alternate approaches are needed. She stated
that this year, OLEO is evaluating the transportation costs of land
spreading, along with crop productivity, and have approached the
City requesting that the City's yard waste be transported to their
farms. She stated it is proposed that the City transfer yard waste
to the OLEO farms under the condition that any additional per load
costs will be paid by OLEO, and OLEO has accepted these terms.
She stated that OLEO has also met all the State and County
licensing reguirements.
Ms. Campbell stated that the two agreements for the Council's
consideration involve an addendum to the existing contract with
Nash Disposal, Inc. to allow the contractor to bring yard waste
material to the farms, and the other agreement is with OLEO where
� they agree to reimburse the City for the transfer of the yard
waste.
Councilwoman Jorgenson asked if the City of Lexington was a pilot
for the OLEO program.
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Ms. Campbell stated that she believed they were involved; however,
the study is closely monitored by the University of Minnesota.
Ms. Campbell stated that OLEO is funded through agriculture funds
from Anoka County. She stated that she believed they have received
about $5,300 through this funding source. She stated she is not
concerned that the City would not receive their money from OLEO.
MOTION by Councilwoman Jorgenson to authorize entering into this
agreement with On-Land Environmental Opportunities, Inc. (OLEO)
for receiving the City's yard waste. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilman Fitzpatrick to authorize entering into the
addendum to the agreement for yard waste transfer services with
Nash Disposal, Inc. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7. 1991 PAGE 11
9. APPROVAL OF CHANGE ORDER NO. 2, SKYWOOD LANE WATER EXTENSION
PROJECT NO. 220•
MOTION by Councilman Billings to table this item. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
10. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
11. CLAIMS:
MOTION by Councilman Fitzpatrick to authorize payment of Claim Nos.
39739 through 39829. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
12. LICENSES:
MOTION by Councilwoman Jorgenson 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 declared the motion carried unanimously.
13. ESTIMATES•
MOTION by Councilwoman Jorgenson to approve the estimates as
submitted:
Howard, Needles, Tammen & Bergendoff
6700 France Avenue South
Suite 260
Minneapolis, MN 55435
Review of Shop Drawings and
Resident Engineering Services
for Water Reservoir Project
No. 202
Partial Estimate . . . . . . . . . . . . . . $ 6,337.86
W.B. Miller, Inc.
16765 Nutria Street
Ramsey, MN 55303
Street Improvement Project
No. ST. 1991 - 1& 2
Estimate No. 8 . . . . . . . . . . . . . . . $15, 567.89
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
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FRIDL$Y CITY COIINCIL MEETING OF OCTOBER 7, 1991 PAGE 12
ADJOURNMENT:
MoTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and trie Regular
Meeting of the Fridley City Council of October 7, 1991 adjourned
at 8:48 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Approved:
William J. Nee
Mayor