05/03/1993 - 00004996THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
� MAY 3. 1993
The Regular Meeting of the Fridley City Council was called to order
at 7:39 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:
NIEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman
Schneider and Councilman Fitzpatrick
MEMBERS ABSENT: Councilwoman Jorgenson
PRESENTATION OF PROCLAMATIONS:
VETERANS' BUDDY POPPY DAY, MAY 21, 1993:
Mr. Hunt, Assistant to the City Manager, read this proclamation
which proclaimed May 21, 1993 as Veterans' Buddy Poppy Day.
Mayor Nee urged all patriotic citizens �o wear a buddy poppy as
� mute evidence of gratitude to the men and women of this country who
risked their lives in defense of the freedoms which we continue to
enjoy as American citizens.
Mayor Nee presented this proclamation to Rudy Nessman of the
Fridley VFW Post. Mr. Nessman introduced Maxine Nystrom and Erin
Alrick, Buddy Poppy Queen, who sold buddy poppies to the City
Council and others who wished to purchase them.
5TUDENT FOREIGN EXCHANGE WEEK, MAY 3 THROUGH 9, 1993:
Mr. Hunt, Assistant to the City Manager, read the proclamation
which proclaimed the week of May 3 through 9, 1993 as Student
Fareign Exchange Week.
Mayor Nee presented the proclamations to Arna Horwood of New
Zealand, Adriana Pereira of Brazil, Jana Podschun of Germany, and
Ancireina Requiz of Venezuela. All of the foreiqn exchange students
presented the flag of their country to the Mayor and Council and
expressed enjoyment with their stay in Fridley.
Mr. Nessman of the Fridley VFW Post presented American flags to �he
£oreign exchange students.
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FRIDLEY CITY COUNCIL MEETING OF MAY 3. 1993 PAGE 2
APPROVAL OF MINUTES:
COUNCIL MEETING, APRIL 19, 1993:
Councilman Schneider stated that on Page 15, Item No. 11, the
minutes indicate that the motion failed for lack of a second, and
Councilwoman Jorgenson had seconded the motion.
MOTION by Councilman Schneider to approve the minutes with the
above correction. Seconded by Councilman Fitzpatrick. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
ADOPTION QF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted.
Seconded by Councilman Billings. Upon a voice vote, all votin�
aye, Mayor Nee declared the motion carried unanimously.
OFEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARING'
l. PUBLIC HEARING ON VACATION REpUE5T, SAV #90-02, BY THE CITY
OF FRIDLEY, TO VACATE BROAD AVENUE, NORTH OF LAFAYETTE STREETo
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:52 p.m.
Ms. Dacy, Community Development Director, stated that this vacation
is to vacate a portion of Broad Avenue which is a 50 foot right-
of-way and combine it with vacant Lot 26 to the east to create a
buildable lot. She stated that the total size of the lot would be
about l0,OD0 square feet with an eight foot bikeway/walkway that
would run along the west and north of the parcel.
Ms, Dacy stated that at the Planning Commission meeting there was
testimony from two adjacent property owners. she stated that the
Reierson's had indicated they were not interested in purchasing the
lot, and the Wetterlind's were wondering zf they could create a
buildable lot. She stated that staff requested the City of Coon
Rapids to analyze the lot split request with or without the Board
Avenue vacation. She stated that i£ Sroad Avenue is vacated, the
City of Coon Rapids confirmed that the Wetterlinds will have less
difficulty in splitting their lot due to the setback requirements
in the Coon Rapids zoning ordinance.
FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 3
� Ms. Dacy stated that staff inet with the Wetterlind's to discuss the
options presented by the City of Coon Rapids, and they agreed it
would be easier for them to split their property if the City
vacated Broad Avenue. She stated that they would like to acquire
a 10 foot wide triangle from the City which would provide improved
frontaqe along the intersection of Broad Avenue and Lafayette
Street. She stated that the Wetterlind's would prefer the bikeway
to be located on the east side of Lot 26, 5he stated �hat the
Reierson's do not want the bikeway along the east lot line.
Ms. Dacy stated that the Planning Commission recommended approval
of this vacation subject to addressing the Wetterlind's concerns.
Councilman Billings asked the haight of the existing chain link
fence. Ms. Dacy stated that she thought it was about four feet in
height, but she has not measured it.
Councilman Billings stated that when this vacation was discussed
he raised the question of haw this would be handled at the County,
since the parcel would be located in two cities, Fridley and Coon
Rapids.
Ms. Dacy s�ated that the triangular piece of proper�y would have
to be a separate PIN number.
� Councilman Billings stated that the purpose of this process is to
vacate a street and combine it with tax forfeit property to try and
provide a buildable lot and by creating this triangle, it would�
in fact, potentially create a lot that could at some time in the
future become tax forfeit.
Mr. Herrick, City Attorney, stated that if the County cannot
combine the parcels into a single PIN number, it is possible there
might be a restrictive covenant placed on the larger lot that would
indioate it could not be sold without the sale of the triangular
piece of property. He stated that this may solve the problem, but
he is not in a position this eveninq to give the Council a final
answer.
Councilman Billings stated that even if the parcel is not sold,
taxes could be paid on the larger portion and not on the smaller
portion which creates the potential of it becoming a piece of tax
forfeit property. He felt that it would be better not to create
the parcel.
Ms. Dacy stated that the triangular piece of property shifts the
lot line to increase the distance for the setbacks and orient a
house, which may be built at some future date on this lot, so that
it is at an angle to the street right-of-way.
� Councilman Schneider questioned how the triangular piece of
property fits into this request.
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FRIDLEY CiTY COUNCIL MEETING OF MAY 3 1993 PAGE 4
Ms. Dacy stated that this triangular piece widens the 1ot line so
that a house could be placed in a fashion that is more compatible
with the setbacks and buildable area. She stated that there would
still be adequate lot area and frontage to meet the City°s
ordinance requirements.
Councilman Billings stated that it is a hypothetical question on
how a house might be located on the lot. He stated that a variance
may or may not be needed, and he felt it is a situation where a
variance could be requested from the City of Coon Rapids at the
time the lot is split.
Councilman Billings stated that he has a problem with creating a
parcel that may go tax £orfeit at some time in the future. He
stated that he has a difficult time supporting the triangular piece
of property.
Mr. Wet�erlind stated that if the City of Coon Rapids does not
approve a variance, the lot would be unbuildable. He stated that
the Planning Commission created the pie shaped area.
Mrs. Wetterlind questioned why there could not be an annexation to
Coon Rapids so the trianqular gortion would not be needed.
Ms. Dacy stated that staff has not discussed the annexation issue.
Mayor Nee stated that if the City approves the lot split, he felt
the City of Coon Rapids would grant the variance.
Mrs. Wettarlind asked if the Council was aware oP how this
situation developed. She stated that the problem was created by
the cities of Fridley and Coon Rapids. She stated that the City
of Fridley would not pay ta install the street. She felt that the
Council has to be concerned about their situation.
Mayor Nee stated that there were property owners in this area who
were against construction of the street.
Mr. Wetterlind stated that there is a concern about the location
of the bikeway/walkway, and they did not want it located across the
front of the property.
Councilman Billings stated that the bikewayfwalkway needs to He on
the west side of Broad Avenue or on the east side of Lot 26. He
stated that the walkway in Coon Rapids is currently east of the
center of the whole lot. He stated that it seems more logical if
the bikeway/walkway is on the west side ot the pro�erty.
Mrs. Wetterlind stated that they are objecting to the plan and
would rather have a street.
Mr. Wetterlind stated that it does not do any good to have this
reviewed by the Planning Commission if the Council does not agree.
FRIALEY CITY COUNCIL MEETING OF MAY 3 1993 PAGE 5
� No other persons in the audience spoke reqardinq this proposed
vacation.
MoTION by Councilman Fitzpatrick to close the public hearing.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and fhe
public hearing closed at 8:25 p.m.
OLD BUSINESS:
ORDINANCE NO. 1010 RECODIFYING THE FRIDLEY CITY CODE,
CHAPTER 205, ENTITLED 11ZONING1° SY AMENDING SECTION
205.04.04.1•
MOTION by Councilman Schneider to waive the second reading of
Ordinance No. 1010 and adopt it 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.
3. ORDINANCE NO. 1011 ESTABLISHING CHAPTER 208 ENTITLED "EROSION
CONTROL" TO THE FRIDLEY CITY CODE:
MOTION by Councilman Schneider to waive the second reading of
� Ordinance No. 1011 and adopt it on the second reading and order
publication. Seconded by Councilman Billings. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
ORDINANCE NO. 1012 RECODIFYING THE FRIDLEY CITY CODE.
CHAPTER 206. ENTITLED "BUILDING CODE," BY AMENDING
SECTION 206.03, "PERMIT FEES," AND RECODIFYING CHAPTER 11,
ENTITLED "FEES." BY AMENDING SECTION 11.10, "FEES:"
MOTION by Councilman Schneider to waive the second reading of
Ordinance No. 1012 and adopt it on the second reading and order
publication. Seconded by Councilman Billings. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously,
5. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
MARCH 2, 1993:
A. VARIANCE REOUEST, VAR #93-01, BY SIGNART FOR PLYWOOD
MINNESOTA. INC., TO ALLQW THE CONTINUANCE OF A VARIANCE
GRANTED PRIOR TO NOVEMBER 21, 1977, TO ALLOW THE REMODELING
OF A SIGN. GENERALLY LOCATED AT 5401 EAST RTVER ROAD N.E.
�ASLED APRIL 5, 1993):
Mayor Nee removed this item from the table.
� Ms. Dacy, Community Development Director, stated that this parcel
is located south of I-694 and is zoned heavy industrial. She
stated that Plywood Minnesota has undergone a name change to Home
FRIDLEY CITY COUNCIL MEETING OF MAY 3. 1993 PAGE 6
� Valu, and they were granted a variance in the 1970's to construct
a 300 square foot signa She stated that any changes to the sign
have to be approved through the variance process, and that it is
the reason for this request.
Ms. Dacy stated that the Appeals Commission aonsidered this
variance and tabled the request to allow the petitioner time to
redesign the sign to reduce the overall area. She stated that the
petitioner revised the sign to reduce the square faotage to
186.25 square feet from the initial 300 square feet. She stated
that the Appeals Commission recommended approval of the variance
with the Home Valu portion of the sign to be 140 square feet, the
automatia time and temperature sign to be 32.75 square feet, and
the "Open Tonite" sign to be 13.5 square feet. Ms. Dacy stated
that this item was tabled at the Council meeting on April 5, 1993
in order to enable Mr. Boschwitz to attend,
Mr. Jerry Boschwitz stated that one of the problems at their
business is that they are somewhat eclipsed by Wickes Furniture and
they have a very large sign, He stated that in changing the "open
Tonite�' portion of their siqn is to better alert the public that
they are a retail store. He stated that many people mistake thezr
business for an office and warehouse. He stated that the time and
temperature portion of the sign is somewhat of a community service.
He stated that the area in front of their store has been an area
� where there has been a lot of car accidents. He stated that they
felt that the time and temperature sign would be a good community
service and draw some attention to their building.
Mr. Bill Brattland, representing 5ignArt, the petitioner for this
variance, stated that the time and temperature portion of the sign
adds a nice commercial flavor to the Home Valu business. He stated
that he hoped the Council would approve the variance as requested.
Councilman Fitzpatrick asked the total square footage proposed for
this sign.
Mr. Brattland stated that this proposed sign is about 186 square
feet which includes the time and temperature sign.
Councilman Schneider stated that his problem is justifying the
larger signs and allowinq one business to have a larger sign and
then not permit another to do the same. He pointed out the size
of the Menards and Embers signs.
Mr. Boschwitz stated that Menards has a very large sign in front
of their building.
Mr. Brattland stated that they investigated the possibility of a
wall sign, but there were some trees tha� would impede the
�visibility. He stated that the wall sign would have to face
directly north, and it would not work well for an advertising sign.
FRIDLEY CITY COUNCIL MEETING OF MAY 3. 1993 PAGE 7
' He stated that the Embers Restaurant is located on a 35 mph street,
and Home Valu's visibility is from I-694 which has a speed limit
of 55 mph.
Councilman Billings felt that there were definitely differences
between this particular parcel of property and the Menards and
Embers properties and any other sign located on a��typical" street.
He stated that the Menards sign is probably 30 feet from the
driving lanes, and it is visible hundreds of feet away in either
direction. He stated that this particular piece of property has
its frontage on I-694 and adjacent to the on-ramp of the freeway.
He stated that the business is probably about 70 feet to 80 feet
away from the drive-by traffic.
Councilman Billings stated that although the reduotion in the sign
is not to 80 square feet which is allowed by code, it is a
substantial reduction in size from the existing sign. He stated
that he felt this was a reasonable variance request.
Councilman Schneider stated that he respected Councilman Billings'
comments, and aqreed that there is a difference in location £rom
this sign and the signs at Menards and Embers. He stated that he
would favor a variance of 153 square feet and letting the
petitioner choose how they wanted to use this square footage.
� Mr. Brattland stated that he would like to request leniency by the
Council, as whatever a business can do to survive and remain on the
tax rolls is of benefit to both the City and Home Valu given the
economic climate today.
Councilman Billings stated that in discussing this item at the
Apri1 meeting, Councilwoman Jorgenson favored a sign in the area
of 150 square feet. He stated that he certainly did not want to
speak for her or did not know how she would vote if she were at the
meeting tonight.
Councilman Sillings asked the importance of the time and
temperature sign.
Mr. Boschwitz stated that the time and �emperature sign is
meaningful to them; however, they may be able to rearrange the
"Open Tonite" sign. He stated that this would reduce the sign by
another 13 square feet.
Councilman Fitzpatrick asked if they could reduce the sign to
153 square feet.
Mr. Boschwitz stated that, frankly, they have not looked inCo this
possibility. He stated that they wanted their business name as
� large as possible and remain within a reasonable size sign.
Mr. Brattland stated that they are trying to utilize the existing
footings, but they could reduce the sign by a few feet here and
there. He stated, however, that the sign would still have to be
the width they are proposing.
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FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 8
MOTION by Councilman Schneider to grant Variance Request,
VAR #93-01, for a total sign not to exceed 160 square feet and the
square footage to be used at the petitioner's discretion. Seconded
by Councilman Billings.
Councilman Billings asked the width of the ��HOme Valu" sign.
Ms. Dacy stated that the sign was 14 feet by 10 feeto
Councilman Billings stated that if this portion of the sign could
be reduced to 14 feet by 9 feet, it would save 14 square feet. He
stated that space could also be saved by removing the roof logo
above the "Home Valu" portion of the signe
Mayor Nee stated that Councilwoman Jorgenson had called and stated
that she would not be willing to grant a variance beyond 160 square
feet.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
MARCH 10, 1993:
A. SPECIAL USE PERMIT REOUEST, SP #g3-02, BY SIGNART FOR PLYWOOD
MINNESOTA, INC., TO ALLOW AN AUTOMATIC CHANGEABLE SIGN,
GENERALLY LOCATED AT 5401 EAST RIVER ROAD N.E. (TABLED
APRIL 5, 1993):
Mayor Nee removed this item from the table.
Ms. Dacy, Community Develogment Director, stated that the time and
temperature sign proposed by Home Valu is an automatic changeable
sign, must conform to the sign requirements, and the message shall
not change more than once very fi£teen minutes except for a sign
displaying time, temperature, and/or date. She stated that the
Planning Commission recommended approval of this special use
permit.
MOTION by Councilman Schneider to grant Special Use Permit Request,
SP #93-D2a Seconded by Councilman Billings. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously,
7. MOTION BY REALLOCATE 51,684.40 TO UNEXPENDED FUNDS FROM THE
1991 HUMAN SERVICES CDBG ALLOCATION TO THE HOUSING
REHABILITATION PROGRAM (TABLED APRIL 19, 1993):
MOTION by Councilman Schneider to remove this item from the table.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Ms. �acy, Community Development Director, stated that at the last
meeting the question was raised whether or not a public hearing
was required for this reallocation of funds. She stated that Anoka
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FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 9
County has advised that a public hearing was not required for this
amount of funding.
Councilman Schneider stated that at the last meeting on April 19,
1993 he objected to Councilman Billings' amendment to the motion,
as he believed the first priority was the housinq rehabilitation
program, but stated he will withdraw his ob]ection to the amendment
and support Councilman Billings' motion.
The motions on this item from the April 19, 1993 meeting are as
follows:
MOTION by Councilman Schneider to reallocate $1,684.40 of
unexpended funds from the 1991 Human Services Community Development
Block Grant allocation to the housing rehabilitation program.
Seconded by Councilwoman Jorqenson.
MOTI�N by Councilman Billings to strike °1housing rehabilitation1°
from the motion and insert "human services." Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
8. APPOINTMENT: CITY EMPLOYEE:
Mr. Hunt, Assistant to the City Manager, requested that the Council
concur with the appointment of Thomas Blazina as Chief Building
Official. He stated that Mr. Blazina has a degree £rom St. Cloud
State, is certified as a building official by the State, and as a
plans examiner by the International Congress of Building Officials.
He stated that Mr. Blazina has worked as a plans examiner and
assistant building official in Brooklyn Park, as well as working
for the cities of Northfield and Hibbing, and as a maintenance
supervisor at Hanna Mining in Keewatin.
MOTION by Councilman Schneider to concur with the followinq
appointment by the City Manager:
Name Position
Thomas Chief Bldg
Blazina Official
Exempt
Starting
Salarv
$45,267.84
per year
$3,772.32
per month
Range 7
Starting
Date
May 27,
1993
Replaces
Darrel
Clark
, Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 10
� 9. APPROVE AGREEMENTS BETWEEN THE CITY OF NEW BRTGHTON AND THE
CITY OF FRIDLEY FOR THE INTERCONNECTION OF THEIR WATER
DISTRIBUTION SYSTEMS:
Mr. Erickson, Assistant Public Works Director, stated that these
agreements are for the interconnection of the water distribution
systems between the cities of New Brighton and Fridley. He stated
that one agreement covers the design and construction phase, and
the other agreement covers the operation, maintenance, and repair
phase.
Councilman Schneider stated that in the design and construction
agreement under Section 3.08.01 it states that New Brighton shall
own the Primary Interconnection System Elements and Fridley hereby
assigns and conveys to New Brighton atty riqht, title, or interest
which Fridley may have in or to the Primary Interconnection System
Elements (including, without limitation, �hat portion of the
pipeline located in Fridley which constitu�es part of the Primary
Interconnection System Elements). He questioned if the pipe that
is buried in Benjamin Street is owned by New Brighton and what
would happen if Fridley had to dig up the street for other reasons
and the pipeline broke.
Mr. Erickson stated that any maintenance to that line will be done
� by the City of Fridley, but will be billed to the City of New
Brighton for any work pertaining to that particular line.
Councilman Billings stated that there is really no difference from
this pipe than from a Minnegasco pipe that may be located in the
street. He stated that at the public hearing he believed
Mr. Flora, Public Works Director, stated that the City of New
Brighton was responsible for all maintenance of this system up to
the new pump house located in the Moore Lake Commons area.
Mr. Herrick, City Attorney, stated that was correct, and the cost
of financing the work in New Brighton and Pridley will be paid for
by New Brighton with monies received from the Army.
Councilman Schneider stated that the construction does not address
any alignment issues. He asked if the agreement locks the City
into a specific alignment. He stated that he has heard rumblings
there may be an issue with 64th Street,
Mr. Erickson stated that the agreement does not tie the City into
the actual alignment for the system at this time.
Councilman Schneider asked how Fridley is protected if the pro7ect
had bequn and there was a hassle between the City of New Brighton
and the Army.
� Mr. Herrick stated that it is his understanding that the Army has
escrowed $17 million to $18 million with the City of New Brighton
FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 11
� and thought any costs incurred up to this amount New Brighton would
agree to pay. He stated that he had some discussion with the
attorney from New Brighton about what would happen if the project
exceeded that amount. He stated that the attorney for New Brighton
indicated that this was not very likely based on the cost
estimates, but that there was an understanding between the Army and
New Brighton if that was not sufficient, the Army would provide
additional funds. He stated that the original position between New
Brighton and the Army was one of litigation, and this is a
settlement of that litigation. He stated that under the settlement
approved by the court, the Army is obligated to do certain things,
and it is more than a contractual relationship. It is a court
order.
MOTION by Councilman Schneider to authorize the Mayor and City
Manager to enter into the design and construction phase agreement
dated May 11, 1993 between the cities of New Brighton and Fridley
for the interconnection of the water distribution systems.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilman Schneider stated that in regard to the other agreement
for the operation, maintenance, and repair phase, there are several
items that are different than what his understanding was, and are
� a concern. He stated that the agreement states that use of the
New Brighton water will be Fridley's highest priority and that
Fridley will use that water before any of its own. He stated that
he was surprised at this statement.
Councilman Schneider stated that during the hearing, he understood
Mr. Flora to say the water delivered to Fridley by New Brighton
would meet Fridley's water quality standards. He stated that this
is not the language under Section 3.02.01 of the agreement.
MOTION by Councilman Schneider to authorize the Mayor and City
Manager to enter into the operation, maintenance, and repair phase
agreement dated May 11, 1993 between the cities of New Brighto� and
Fridley for the interconnection of the water distribution systems.
Seconded by Councilman Billings.
MOTION by Councilman Schneider to amend the first sentence of
Section 3.02.01, Quality Made Available, as follows: "The
available water delivered to Fridley by New Brighton will be of the
same or better quality as currently provided by the City of Fridley
to its residents (as measured in accordance with Section 3.02.04)."
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by CounCilman Schneider to amend Section 3.02.03, Iron and
� Manganese, by eliminating the words "strive to" in line 6.
5econded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee deolared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF MAY 3. 1993 PAGE 32
� Councilman Schneider stated at the public hearinq it was discussed
that the City of Fridley would do its own monitoring of the water
quality and could turn off the water. Ae felt the language under
Section 3.02.04 (a) does not give the City that right. He proposed
the following amendment:
MOTION by Councilman Schneider to amend Section 3.02.04 (a),
Failure to Meet Standards, as follows: "If the results of
monitoring performed by New Brighton or the City of Fridley show
that the quality of water delivered does not meet a duly
promulgated law, rule, regulation, or City of Fridley water
standards for public potable water supplies, New Brighton shall
notify Fridley in a timely manner. At its discretion, Fridley may
elect to suspend acceptance of Available Water until such time as
New Brighton can demonstrate that the Available Water meets the
requirements of such law, rule, regulation, or City of Fridley
water standards. When New Brighton and Fridley agree that the
water meets relevant requirements, Fridley shall immediately resume
acceptance of the Available Water (subject to the terms and
conditions of this Agreement)." Seconded by Councilman Billings.
Upon a voice vote, all votinq aye, Mayor Nee declared the motion
carried unanimously.
Councilman Schneider asked if this item could be tabled.
� Mr. Erickson stated that it is criticai to return the agreements
to New Brighton by May 11 so this information can be submitted to
the Army to proceed with allocation of funds for the project. He
stated that he understands there is a very critical time frame to
£ollow.
Councilman Billings stated that he has difficulty with any
documents that are this complicated. As they are being reviewed,
changes are being made. He stated that he believed this agreement
probably should be tabled, and so should any urgency that exists
with the design and construction agreement which the Council has
already approved. He stated that he believed the operations
aqreement is not as critical as the design and construction
agreement.
Councilman Billings stated that with the amendments, some
inconsistencies may have been created, and he does not feel
comfortable voting on the aqreement this evening. If a vote is
taken, he would abstain.
Councilman Schneider stated that he shared Councilman Billings"
concerns. He stated that the only reason he would move to support
the aqreement at this time is on staff's recommendation. He ielt
that this is not the way to modify a document.
� Mr. Herrick stated that with the amendments that will be attached,
if the agreement is approved this evening, it will have to be
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FRIDLEY CITY COUNCIL MEETING OF MAY 3. 1993 PAGE 13
submitted to the New Brighton City Council for their concurrence
with the amendments.
Mayor Nee stated that he felt Council shares Councilman Billinqs'
feelings.
Councilman Schneider stated that with the amendments proposed, he
would feel more comfortable tabling the agreement.
Councilman Billings stated that his primary reason for voting for
the amendments is to document the Council°s position.
MOTION by Councilman Schneider to table the operation, maintenance,
and repair phase of the agreement with New Brighton for the
interconnection of the water distribution systems, as amended, and
request staff to work out the appropriate issues with the City of
New Brighton. Seconded by Councilman Billings. Upon a voice vote,
all voting aye, Mayor Nee declared the motian carried unanimously.
Mr. Burns, City Manager, stated that Councilwoman Jorgenson had
called and stated that these were also her sentiments.
10. RESOLUTION N0. 34-1993 ORDERING IMPROVEMENT AND APPROVAL OF
PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT
PROJECT NO. ST. 1993 - 1& 2:
MOTION by Councilman Billings to adopt Resolution No. 34-1993.
Seconded by Councilman Sohneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilman Schneider asked that when the bids are awarded that
copies of the petitions be submitted to the City Council.
11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 113, "SOLID
WA5TE DISPOSAL AND RECYCLING COLLECTION, BY AMENDING
SECTIONS 113.01, 113.07. 113.11, 113.13, 113.15, AND
CHAPTER 220. "RESIDENTIAL RENTAL PROPERTY AND CONDOMINIUM ARE�
MAINTENANCE," BY AMENDING CHAPTER 11, "GENERAL PROVISION5 AND
FEES," FOR SOLID WASTE ABATEMENT PROGRAMMING BY AMENDING
SECTION 113•
Ms. Dacy, Community Development Director, stated that
by the Solid Waste Management Act, cities must
opportunity for residents in multiple units tc recycle,
that this proposed ordinance is intended to implement t
strategy for multiple units to (1) expand the Cit
recycling services contract to include multi-unit dwel]
to twelve units; (2) require owners with thirteen or m
as required
provide �he
She stated
he recycling
y�s current
ings of five
ore units to
contract for recycling services and submit a copy of their contract
� with their residential rental license application; and (3) require
recycling collectors operating in the City to report to the City
by weight and material the type recyclables collected in the City
on at least a quarterly basis.
FRIDLEY CITY COUNCIL MEETING OF MAY 3 1993 PAGE_14
� Ms. Dacy stated that staff recommends the Council approve �he
ordinance on first reading.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Billings. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
12. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
APRIL 14, 1993:
A. SPECIAL USE PERAiIT REOUEST, SP #93-04, BY TARGET STORES, TO
ALLOW GARDEN CENTERS OR NURSERIES WHICH REOUIRE OUTSIDE
DISPLAY OR STORAGE OF MERCHANDISE. GENERALLY LOCATED AT
755 53RD AVENUE N.E.:
Ms. Dacy, Community Development Director, stated that this is a
request for a special use permit for an annual garden center
operation at the Target store on 53rd Avenue. She stated that the
garden center would be located on the south end of the building and
a hoophouse would be erected. She stated that pallets to hold
trees and plants woulcY be located in a U-shape around the
hoophouse.
� Ms. Dacy stated that the Planning Commission recommended approval
of this special use permit with four stipulations which she
outlined.
Mr, John Sandstede, Store Manager of Target, stated tha+t previously
Target had an area directly to the north of the building which was
used as a garden center. He stated that with the new style of
merchandising, they want to locate a hoophouse on the south end of
�heir building for visibility from 53rd Avenue. He stated that
they intend to obtain only several shipments of shrubs, and the
hoophouse would be used for the bedding plants. He stated that the
hoophouse would be removed from the site after the garden season
is over.
MOTION by Councilman Billings to grant Special Use Permit Request,
SP #93-04, with the followinq stipulations: (1) there shall be no
outdoor storage of fertilizers, pesticides, or herbicides; (2) the
petitioner shall notify the Community Development Department in
writing by December 31, 1993, whether the sales will occur on an
annual basis; (3) if there are no complaints or issues raised by
the operation of the garden center, the sales may continue on an
annual basis. If problems do occur, the Planninq Commission and
City Council may review the special use permit request to change
the stipulations or to determine if revocation is necessary; and
(4) the garden center shall be located at s�te #3 which is adjacent
� to and on the south side of the building. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 15
� B. RESOLUTION NO 35-1993 APPROVING A SUBDIVISION, LOT SPLIT,
L.S. #93-03 TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED
AT 260 LONGFELLOW 5TREET N.E.:
Ms. Dacy, Community Development Director, stated that this property
is zoned R-1. The properties to the west, north, and east are also
zoned R-1, and the property to the southwest is zoned R-3. She
stated that the property contains four platted lots, and the lot
split is to divide Lot 28 from the three other platted lots, 29,
30, and 31, in order for Detroit and Northern Federal Savings Bank
to divest itself of the mortgage which was applied for on Lots 29,
30, and 31. She stated that these four lots 28, 29, 30 and 31,
were combined in 1990 at the City's request. She stated that the
mortgage pending on �he property only pertained to the three lots.
Ms. Dacy stated that the Planning Commission reviewed this lot
split request, and staff's recommendation at that time was for
denial because a non-conforming lot eaould be created. She stated
that the Planning Commission felt the lot split should be approved,
and they based their recommendation on three findings (1) the
combination of the lots into one tax parcel is not under control
of the bank. Either the City or County required the combination;
the record is not clear; (2) Approving the lot split moves the
problem off "dead center". Once Lot 28 is split, the property
� owners can move forward; and (3) The more time which passes before
Lots 29-31 can be conveyed to a new owner, the greater the risk
that the dwelling will be damaged.
Ms. Dacy sta�ed that a resolution was distributed to the Council
before the meeting should they desire to approve this lot split.
Mr. Michael Oberle, Peterson, Fram & Bergman, stated that there
was a mortgage placed on the three lots back in 1987. The fourth
lot was a tax forfeit parcel, acquired in 1990, and combined into
one tax parcele He stated that the mortgage was foreclosed, and
they were advised the fourth lot could not be recorded without the
City's approval. He stated that the property has been vacated, and
the transaction cannot be completed until the conveyance occurs.
He stated that HUD has a potential buyer for this property.
Mr. Oberle stated that the problem has nathing to do with the
lender and is something done after the fact. ]He stated that they
are in the process of having their interest cut off by HUD laecause
they could not complete the conveyance. He requested that the
Council approve the lot split so the property could be sold,
Mr. Oberle stated that the fee owner of Lot 28 is Mr. Stewart, and
the lot is still subject to a contract for deed. He stated that
this lot was a tax forfeit parcel at one time and a non-conforming
� parcel in 1987. IIe stated that it was acquired after this mortgage
was of record. He stated that the mortgaqe is an FHA insured
mortgage and pursuant to HUD regulations, the lender wi11 convey
�
�
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FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 16
the property to HUD and then HUD will pay the FHA, He stated that
this problem was created due to the action taken by the Cityo
Ms. Dacy stated that she has verified that the City requested that
Lot 28 be combined with the other lots, as outlined in a letter
sen� to Mr. and Mrs. Jaeger by the Assessor's Office. She stated
that they were using the property as one site.
Mr. Oberle stated that the Jaeger's bought Lots 29, 30, and 31 and
plaaed a mortgage on those lots. He stated that it was not until
1988 that they acquired Lot 28, and it was combined with the other
lots into one tax parcel at the City's request. He stated that the
problem was not created by the bank but by the City.
Mr. Herrick, City Attorney, stated he felt that when the lots were
combined into one tax parcel, the City should have received
approval of the lender which was not done. He stated that the
mor�gage company that had a pre-recorded interest in the property,
was not asked to consent to the combination, and probably was
unaware of it. He stated that if the City were to deny the lot
split, the bank would be able to go to court and get an order to
force the City to approve the lot split.
Councilman Schneider asked why Lot 28 cannot be conveyed to HUD.
Mr. Herrick stated that it could not be conveyed to HUD because it
is owned by Mr. Stewart. He stated that HUD has no interest in it,
as they have no mortgage on that particular lot.
Mr. Oberle stated that the property owner on the other side of this
lot expressed an interest in the property at the time it was tax
forfeit, and the matter may be resolved in the future.
Ms. Dacy stated that Mr. Jarvi contacted Mr. Stewart, and they were
not able to come to terms on the sale o£ this lot.
Mr. Herrick stated he suspects that at some period in time, Lot 28
will again become a tax forfeit parcel. He stated that if that
occurs, it could be offered to either the property on the east or
the west.
Councilman Billings stated that the fact of the matter is that Lots
29, 30, and 31 have different owners as a result of the foreclosure
of the mortgage. He stated that the mere fact that the City has
asked the County to assess them as one large parcel does not change
the fact that there are two different owners of the parcel. He
stated that what these owners are trying to do is record their
ownership of the parcel. He felt that the only thing that would
be accomplished by not approving the lot split is to incur some
court fees.
Ms. Dacy stated that staff did try to get adjacent property owners
talking to each other regarding this parcel.
�
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�
FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 17
Mayor Nee felt that the City is not in the business of making sure
that property owners did not error in their title search.
MOTTON by Councilman Billings to adopt Resolution No. 35-1993.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the
Planning Commission Meeting of Apri3 Y4, 1993. 5econded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
13. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
APRIL 28, 1993•
A. EXTENSION OF SPECIAL USE PERMIT, SP #82-12, BY PARK
CONSTRUCTION COMPANY. TO ALLOW ROCK CRUSHING ACTIVITIES TO
CONTINUE UNTIL MAY OF 1995. GENERALLY LQCATED AT 7900 BEECA
STREET N.E.°
Ms. Dacy, Community Development Director, stated that last year the
Council rezoned this property to M-3. As part of that public
hearing process, homeowners west of the railroad tracks attended
the hearings and complained about the height of the rock piles and
noise from the rock crushing activities,
Ms. Dacy stated that the Planning Commission suggested that when
the permit was to be renewed, this be reviewed with Park
Construction. She stated that the Planning Commission conducted
a public hearing and the individuals that complained during the M-3
zoning process were notified. She stated that Mr. Bishog did
submit a letter. Ms. Dacy stated that Mr. Bishop and Mr. Carlson
met before the April 28, 1993 Planning Commission meeting, and Mr.
Bishop has advised staff that he was satisfied with the
arrangements Park Construction has made.
Ms. Dacy stated that the Planning Commission recommended extension
of this special use permit for rock crushing activities with six
stipulations which she outlined. She stated that a letter was
received from Mr. Carlson that if the City received any formal
complaints, an officer of Park Construction and a member of the
City staff would meet with the complainant. She stated that Park
Construction indicated they would cooperate with the complainant
in a reasonable manner.
MOTION by Councilman Fitzpatrick to grant an extension of Special
Use Permit, SP #82-12, with the following stipulations: (1) Special
Use Permit, SP #$Z-12, is granted only for the period from June l,
1993 to May 31, 1995. If there have been no rock crushing
operations during that time, staff shall be allowed to extend the
permit for another two-year period. If there have been crushing
operations, the permit shall be brought before the City Council
'
'
�
FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 18
prior to May 31, 1995; (2) the City shall be allowed to dump their
waste concrete material at this site at no cost; (3) Park
Construction shall take the necessary steps to ensure that the City
and State noise, dust, and environmental limits are not exceeded;
(4) the rock crusher, generators, and stockpiles shall be located
as far north and east on the property as possible7 (5) the same
standards regarding run-off shall be applied to this site as
applied in the Rice Creek Watershed area; and (6) Park Construction
shall submit a letter to City staff summarizing Park Construction's
management plan for addressing noise and dust complaints. Seconded
by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously.
$. ESTABLISH A PUBLIC HEARING FOR A VACATION REOUEST. SAV #93-01,
BY MARK AND JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ, TO
VACATE AN ALLEY GENERALLY LOCATED BETWEEN 1356 AND 1372 64TH
AVENUE N.E.:
Mr. Herrick, City Attorney, stated that the action of the Planning
Commission was to recommend vacation of the alley subject to
continuing an easement for street and utilities. He stated that
if you vacate an alley easement and create a street easement, you
just exchange one thing for another, and it makes no sense. He
stated that he wondered if there was some misconception about fee
ownership or use of the easement prior to its use as an alley or
street. He stated that it would make sense to vacate the alley and
reserve a utility easement, but it does not make sense to vacate
an alley and reserve a street easement.
Ms. Dacy stated that she has not had an opportunity to discuss this
issue with Mr. Herrick in detail. She stated that the Schwartz's
were approached with an option of maintaining the alley but
executing a hold harmless agreement. She stated that they were
also advised a street easement would be recommended and, in
essence, it would be the same.
Ms. Dacy stated that the petitioner wanted to pursue the vacation
in order to move the property line an additional eight feet,
Mr. Herrick
hearing, but
the property
vacation.
stated that he has no problem �n setting the public
he felt he needed to meet with staff. He felt that
owners may be able to do what they want without the
Councilman Billings stated that the property owners want to obtain
title to the eight feet and, if at a later date, the City
constructed a street, it is a chance they would take.
Mr. Herrick stated that in his opinion, they have the eight feet
subject to an easement. He stated that they have fee title to the
middle of the alley subject to the easement.
L.J
FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 19
Ms. Dacy stated that the Schwartz's discussed this with the
Labandz's, and they were not amenable to the vacation.
MOTION by Councilman Schneider to set the public hearing on
Vacation Request, SAV #93-01, for May 17, 1993. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously,
MOTION by Councilman Schneider to receive the minutes of the
Planning Commission Meeting of April 28, 1993. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously,
14. APPROVE CONTRACT WITH KURTH SURVEYING FOR PRELIMINARY AND
FINAL PLAT WORK FOR THE SHOREWOOD PLAZA REPLAT:
Ms. Dacy, Community Development Director, stated that the
alignments on East Moore Lake Drive were platted in such a manner
that they do not conform to the Minnesota State Aid requirements
for street radius. She stated that this was discovered after the
plat was approved by the Council.
Ms. Dacy stated that there are a number of drainage and utility
easements existing in the Shorewood Plaza and Auditor's Subdivision
� plat. She stated that in 1989, she reviewed the surveyor's
proposed costs and made decisions as to how the costs should be
appropriated. She stated that after four years all property owners
agree to the amounts, and the City now has their paymente She
recommended that the Council authorize the survey to correct errors
that have been made.
Mayor Nee asked if the City had a contractor for the work that had
been done.
Ms. Dacy stated that the City had contracted with Short-Elliot-
Aendrickson, and they have contributed $60o.
MOTION by Councilman Schneider to authorize the City Manager to
execute a contract with Kurth Surveying for preliminary and final
plat work for the Shorewood Plaza replat. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
15. RESOLUTION NO. 36-1993 APPROVING PLAT, P.S. #93-01, ANDERSON
DEVELOPMENT REPLAT:
Ms. Dacy, Community Development Director, stated that this is a
proposed replat of five lots into three lots. She stated that
between the public hearing and the meeting this evening, the
� petitioner and potential buyer of Lot 1 have moved the lot line 15
feet to the east. She stated that this does not adversely affect
the lot area. She stated that staff has confirmed that the special
FRIDLEY CITY COUNCIL MEETING OF MAY 3 1993 PAGE 20
� assessments in the amount of $1,640.25 are valid, and the City can
impose the park fees. She stated that it is recommended Council
adopt this resolution approving the plat subject to fourteen
stipulations which are attached as Exhibit A and part of the
resolution.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 36-1993,
with stipulations attached as Exhibit A and Exhibit B, and outlined
as follows: (1) special assessments of $1,640.25 shall be paid for
Lot 1, Block Y, Anderson Development Replat; (2) a park dedication
fee of $2,951.10 for Lot 1 and $3,987.16 for Lot 2 shall be paid
at the time of the issuance of a building permit; (3) the owner of
Lot 1 shall execute and record against both Lots 1 and 2, Block 1,
Anderson Development Replat, a maintenance agreement which ensures
that the owner of Lot 1, Block 1, shall maintain the private sewer
line located on Lot 2; (4) permits for the number and location of
driveways shall be obtained from Anoka County prior to issuance of
a building permit; (5) the maximum number of access points onto
Osborne Road shall be three; (6) the hard surface shall be set back
from the west property line five feet; (7) concrete curb and gutter
shall be provided except for those areas proposed Por expanslon
(see Exhibit B); (8) a landscape plan in compliance with the City
Code shall be submitted; (9) a grading and drainage plan shall be
revised in compliance with Scott Erickson's letter dated April 16,
� 1993; (10) no exterior storage of vehicles shall occur except on
hardsurface areas; (11) a storm water pond maintenance agreement
shall be executed and recorded against Lot 1, Block 1, Anderson
Development Replat; (12) a joint driveway agreement shall be
executed and recorded against Lots 1 and 2, Block 1, Anderson
Development Replat; (13) a permit shall be received from the Rice
Creek Watershed District prior to construction; and (14) the
grading and drainage plan shall be submitted to Anoka County prior
to construction. Seconded by Councilman Schneider.
Mr. Kevin Olson, representing Anderson Trucking Services, did not
think they should be assessed the sewer lateral fee if they were
providing the full line.
Mr. Scott Erickson, Assistant Public Works Director, stated that
at one time or another every lot in the City is assessed a charge
for a lateral main located in the street. He stated that there is
a long service run to the main in the street, and the City's policy
has been to give a credit for a long service run, and that credit
was applied to this assessment. He stated that the credit value
is basically a deduction of 100 feet off the assessable front
footage of the lot abutting Osborne Road.
Mr. Olson stated that in regard to the park dedication fee, he
objects to this fee. He stated that he received a copy of a
� memorandum from the City Attorney explaining that replats and plats
could be assessed a park fee. He stated that he has found receipts
that they have already paid a$75 fee, and he asked if this had to
be paid again.
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FRIDLEY CITY COUNCIL MEETING OF MAY 3. 1993 PAGE 21
� Ms. Dacy stated that the City did have a copy of a check to the
City for $75 for a park deposit. She stated that the issue here
is that by virtue of the replat, the City has the auti-iority to
impose the park fee.
Mr. Herrick, City Attorney, stated that in his memorandum he made
reference to a portion of the Minnesota State statute, and it is
his opinion that a replat or lot split is a proposed subdivision.
He stated that a small amount was paid in 1969, and the property
was not developed as platted at that time. He stated that this
means that the replat is considered another subdivision, and it is
his opinion that the State statute permits a park fee.
Mr. Olson stated that they paid $15 per lot in 1969, and the
Council is now saying the City can collect additional monies which
he felt was not necessarily correct.
Mr. Herrick stated that if the property had been developed in 1969,
there would not be any question regarding the park fee. He stated
that a new plat has now been submitted, and it is his opinion that
the City has the authority to require payment of the park fee.
Councilman Schneider asked if changing the �ot line would affect
the park fee.
� Ms. Dacy stated that the park fee is based on the square footage,
and this could change if the lot line is moved.
Mr. Olson verified that stipulations 1 through 5 do apply to the
replat.
Mr. Herrick asked if Stipulation Nos. 6 through 14 are a
requirement for development of the property.
Ms. Dacy stated that the City receives site plans in conjunction
with plat requests. She stated that the stipulations are the
City's way to communicate what the City expects on the plat. She
stated that there have been a number of revisions to the site plan,
but she wants to make sure that the stipulations are clear.
Mr. Herrick asked Mr. Olson if he had any specific questions or
objections to Stipulation Nos. 6 through 14.
Mr. Olson stated that in Stipulation No. 12 regarding the �oint
driveway, the property line was moved 15 feet. The property will
be sold to Voiqt, and they would not use it as a driveway for
themselves.
Mr. Herrick stated that there are some limitations on the number
� of driveways that can exit onto Osborne Road.
Ms. Dacy stated that the lot line shift is acceptable. and the
maximum driveway width is 32 feet. However, staff was not clear
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FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 22
as to what the future would hold, and that was the reason for
Stipulation No. 12.
Councilman Schneider asked if this item should be tabled in order
to give staff time to rework the lot lines.
Ms. Dacy stated that she did not think this was a ma�or issue to
warrant tabling the item,
Mr. Herrick stated
financial standpoint
for use by both Lots
will have to make.
that it would seem to make sense from a
to construct the driveway on the property line
1 and 2, but that is a decision the petitioner
MOTION by Councilman Schneider to amend Stipulation No. 12 by
adding the following words at the end of the sentence: "if a
shared driveway is to be constructed between Lots 1 and 2,ov
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
UPON A VOiCE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
16. APPROVE 1993 ANOKA COUNTY JOINT POWERS AGREEMENT FOR
RESIDENTIAL RECYCLING PROGRAM:
Ms. Dacy, Community Development Director, stated that this joint
powers agreement is to enable the City to receive the first half
of the S.C.O.R.E funds. She stated that this agreement also
xeleases a supplemental grant for the management of problem
materials, solid waste recycling, and yard waste abatement programs
in the amount of $8,422.92. She recommended that Council approve
this joint powers agreement.
MOTION by Councilman Schneider to approve the joint powers
agreement with Anoka County for the residential recycling program.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilman Schneider asked abouk the cleanup and recycling program
held last Saturday, May 1e
Ms. Dacy stated that there was a steady flow of traffic, but a
smaller amount of appliances were collected than what was received
last year.
17. APPROVE PURCHASE OF SERVICE AGREEMENT FOR CONSULTANT SERVICES:
Mr. Burns, City Manager, stated that this agreement is part of the
� City's participation in the Southern Anoka County Community
ConsoTtium. He stated that the Consortium is working together to
identify the communities� strengths, prioritize communities' needs,
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FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 23
and promote strategies for addressing these needs. He stated that
the Consortium is composed of cities in southern Anoka County, as
well as the school districts. The Consortium is proposing to
contract with Richardson, Richter & Associates to provide a number
of services including conducting two focus group meetings. He
stated that Fridley�s share of this contract is $2,750.00.
MOTION by Councilman Billings to authorize the Mayor to entes into
the Purchase of Service Agreement for Consultant Services in
conjunction with the Southern Anoka County Community Consortium.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
18. ESTABLISH A PUBLIC HEARING FOR MAY 17. 1993, ON THE PROPOSED
REGIONAL SENIOR CITIZENS CENTER:
Mr, Burns, City Manager, stated that at Council's request, staf�
is working on establishing a meetinq place for the proposed public
hearing on the Regional Senior Center. He stated that the Fridley
High School auditorium was not available on this date, but the
Fridley Middle School gymnasium is available. Mr. Burns suggested
that the public hearing be scheduled for May 17 and announce that
Council would return to the Municipal Center after this public
hearing to reconvene and consider the balance of the agenda items.
He also suggested that Council begin this public hearing at 7:00
p.m, rather than 7:30 p.m., the normal meeting time.
Councilman Billings stated that he talked to Mr. Burns about the
fact that they wanted sufficient space to accommodate all those who
would be attending this public hearing.
Mr, Jack Kirk, Director of Parks and Natural Resources, stated that
both the girls' gymnasium and the cafeteria at the Middle School
are on the main level and would be handicapped accessible. He
statecl that he has had meetings there, and he felt the sound system
was fine. He felt that if the meeting was at the Community
Education Center the sound system may not be adequate.
MOTTON by Councilman Billings to set the public hearing on the
proposed Regional Senior Citizens Center for May 17, 1993 and that
the Council convene at 7:00 p.m. at the Fridley Middle School.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
19. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
20. CLAIMS:
MOTION by Councilman Schneider to authorize payment of Claim Nos.
49032 through 49250. Seconded by Councilman Billings. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 24
21. LICENSES•
MOTION by Councilman Schneider to approve the licenses as submitted
and as on file in the License Clerk°s Office. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
22. ESTIMATES:
MOTION by Councilman Schneider to approve the estimates as
submitted:
Insituform Central, Inc.
17988 Edison Avenue
Chesterfield, MO 63005
Storm & Sanitary Sewer Repair
Project Na, 242
FINAL ESTIMATE . . . . . . . . . . . . . .
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
$161,020.00
Statement for Services Rendered
as City Prosecuting Attorney for
the Month of March, 1993 . . . . . . . . . . $ 10,863.75
Seconded by Councilman Billings. 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 Billings. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of May 3, 1993 adjournecl at 11:12 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Approved:
William J. Nee
Mayor