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06/07/1993 - 00005057� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 7. 1993 The Regular Meeting of the Fridley City Council was called to order at 7:46 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Schneider MEMBERS ABSENT: Councilman Fitzpatrick PRESENTATION OF PROCLAMATION: MISSISSIPPI RIVER CLEANUP MONTH - JUNE, 1993: Mayor Nee read and issued a proclamation proclaiming the month of Sune, 1993 as Mississippi River Cleanup Month. APPROVAL OF MINUTES: COUNCIL MEETING, MAY 17, 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: LEGISLATIVE UPDATE - SENATOR DON BETZOLD: Senator pon Betzold thanked Mayor Nee and the councilmembers for the opportunity to present this legislative update. He stated that a number of bills were introduced dealing with the Metropolitan Council, but most of them did not pass. He stated that one bill that did pass was the issue of governance and the role of the Metropolitan Council which will be studied by the Legislature. Senator Betzold stated that in regard to the 800 megahertz system, the FCC is making a number of frequencies available, and a FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 2 � committee has been established to review this issue and determine the best use of that system. Senator Betzold stated that the City should make sure that their emergency water supply plans are updated. He stated that these plans have to be submitted to the Metropolitan Council by January 1 £or their comments. Senator Setzold stated that there will be some grants to aities for cleaning up pallutian. He stated that the super fund was broke and restructured for $3.7 million, but most of these funds will be used for litigation and not cleanup. He stated that garbage collectors will be required to collect a$2 per year fee per household for landfill cleanup. He stated that wetland rules go into effect in July, and there is extra time in implementing these rules. Senator Betzold stated that rules concerninq data practices can be reviewed by the 5tate Department oi Administration at a cost of $200. He stated that this issue arose as a result of local governments being sued due to releasing or not releasing data. However, cities are not bound by the opinion given by the Department of Administra�ion. Senator Betzold stated that legislation pertaining to stalking was � passed. He stated that restrictions were passed on the personal use of public vehicles. This is virtually prohibited. Senator Betzold stated that legislation was passed which allows a public hearing for city managers who are being fired. He stated that many bills were passed dealing with personnel issues including mandatory arbitration of retiree health insurance for essential employees. Senator Betzold stated that the tax bill created a board that can grant exceptions to mandates. He stated that the county was spending funds to record special assessments. A nominal fee of $1.00 has been approved to cover these costs. Senator Betzold stated that the homestead declaration will change so that homeowners do not have to file every year. He stated that levy certifications will be done differently, and the actual levy will be certified to the county. 5enator Betzold stated that the local government aid formula is based on need. Fridley will receive about a 2.6 percent increase for 1994. He stated that cities will be paying less sales tax on public safety equipment. Senator Betzold stated that Governor Carlson wants an across the � board cut in programs to protect the budget reserve if the November, 1993 forecast shows a decrease in revenue. He stated that this could affect local government aid and result in a decrease in these funds. FRIDLEY CITY COUNCZL MEETING OF JIINE 7, 1993 PAGE 3 � Senator Betzold stated there was a bill that would have addressed the problems dealing with charter amendments, This passed the Senate but will be further studied by the House. Senator Betzold presented a booklet to the Council containing legislative updates. He stated that it was a pleasure to serve his home city of Fridley during this past legislative session. Councilwoman Jorgenson stated that the FCC 800 megahertz system has serious problems, as it cannot broadcast through trees or buildings. Councilwoman Jorgenson stated that in regard to water supply, the Navy at FMC is currently pumping one million gallons of water a day into the river. She stated that the Council will seek support from the legislature to try and convince the Navy that once the water is clean it should be returned to the water supply system. Councilwoman Jorgenson Pelt that the fee for landfill cleanup should not affect the metropolitan area, as most of the landfills are outside the metropolitan area. Mayor Nee stated that he appreciated Senator Betzold°s update and thanked him for attendittg the meeting. � Senator Betzold asked the councilmembers to contact him if they have any questions or concerns. MEADOWLANDS PARK: Mr. Pete Eisenzimmer, 6535 Oakley Drive, asked when the work at Meadowlands Park would be completed. Mr. Flora, Public Works Director, stated that the contractor has to remove the dirt, install a storm pipe, complete the final grading and construct the walking path. He stated that this work should be completed in three weeks as soon as drier weather conditions permit it. LOCKE LARE: Ms. Ann Bolkcom, 6821 Hickory Street, invited everyone to attend the public hearing to be held by the Rice Creek Watershed District on June 24 at the Shoreview City Hall, as they will probably vote on what will be done to Locke Lake at this meeting. She stated that the Locke Lake Homeowners Association wi11 have a meeting on June 10 at the Municipal Center and invited Council to attend. Councilwoman Jorgenson stated that she and Councilman Billinqs will � be attending the League of Minnesota Cities Conference at this time and could not attend the meetinq. FRIDLEY CITY COIINCIL MEETING OF JUNE 7. 1993 PAGE 4 � Ms. Bolkcom thanked Mayor Nee and John Flora for coming to their meeting last week and said they appreciated all their help. '49er DAYS• Mr. Hal Hinchcliffe invited everyone to the annual '49er Days celebration which begins Wednesday, June 16. He reviewed the various events that would be held throughout the week. Mr. Hinchcliffe stated that he noticed that the licenses listed on the aqenda did not contain approval for a carnival license for the '49er Days. He asked that the Council oonsider this license. PUBLIC HEARING: 1. PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 3 OF THE FRIDLEY CITY CHARTER� MoTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Couttcilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:17 p.m. � Mr. Hunt, Assistant to the City Manager, stated that the Charter Commission is in the process of reviewing the Charter for possible amendments, and they have submitted proposed amendments to Chapter 3. He stated that most of the changes are rather technical. He defined what is meant by a quorum. Mr. Hunt stated that Section 3.01, subsection 1, has been clarified as the first meeting of the Council in January, and Section 3.02 clarifies the duties of the Secretary to prepare the journal of minutes rather than keep the journal of minutes, He stated that Section 3.03 defines a quorum of the Council. A majority of the incumbent councilmembers shall constitute a quorum to do business. Councilman Schneider stated that under Section 3.01, subsection 2, line 1, there is a typographical error. The word "or" should be included in the ordinance amendment. Councilman Schneider felt that the word "majority" should be better clarified. He questioned if the majority was the total number of council 5eats or total number of council seats that are presently filled. Mr. Herrick, City Attorney, stated that, in his opinion, when you refer to a majority it is three people if you have a five person council. He stated that if there is a quorum of three persons and � there is a 2 to 1 vote, under most circumstances, that is sufficient to pass council business. ' � � FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 5 Mr. Hunt stated that he felt the Charter Commission's thinking was the term "majority" was one more than half. He stated that under Section 3.03 the word "incumbent" was added, so it is clear it is a majority of the incumbent councilmembers. Councilman SchneideY stated that he would like clarification on the intent, as it is not obvious to him what the definition of �'majority" is. Mr. Hunt stated that the Charter Commission does not meet until Segtember, but he did not think the Council had to take action within a certain number of days after this public hearing. Councilman Sillings stated that it would take five votes of the Council to approve the ordinance, and Councilman Schneider will not be present at the next council meeting. Councilwoman Jorgenson stated that possibly all members of the Council would be present at the Suly 6 meeting. NEW BUSINESS: 2. RESOLUTION NO. 37-1993 RELATING TO THE RECOMMENDATIONS OF THE REGIONAL SENIOR CITIZENS CENTER TASK FORCE AS PRESENTED ON MARCH 30, 1993: Mr. Burns, City Manager, stated that the Task Force has conducted meetings since September, 1991, regarding the proposed Regional Senior Center. He stated that public hearings were held in all four communities in Tanuary, 1993, and the Task Force met with the city councils in March, 1993 to deliver their final report. He stated that it is recommended that the Council consider the recommendation for a Regional Senior Center in two phases, the conceptual approval and detailed approval. xe stated that at this time, the detailed aspects are not before the Council for approval, but only the concept for such a center. Mr. Burns stated that the justification for a Regional Senior Center is the inoreasing senior population in the four communities; to avoid duplication of facilities, manpower and equipment; to optimize senior resources; and to provide better and more diverse programming. He stated that this is consistent with the move toward consolidation of governmental services. Mr. Burns stated that the limitations associated with the existing Fridley facilities are that only 2.5 rooms at the Community Education Center are dedicated to senior programs. Other space can be reserved, but it is not always available, as it may be needed for school district uses. He stated that climate control in the existing facility is not good, the acoustics are poor, the outdated kitchen makes congregate dining difficult, there is a conflict with traffic between seniors and latch key children, FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 6 � parking is inadequate on peak days, and there is a lack of privacy for client sensitive programs such as legal assistance and the foot care olinic. Mr. Burns stated that the Regional Senior Center building proposed by the Task Force is a little over 22,000 square feet of finished space and 4,260 square feet of unfinished space. He stated that the structure would be two levels with the multipurpose room on the first floor being the dominant facility. He stated that there would be a fully equipped kitchen, conference space, a library/lounge, an arts and craft room, and rest rooms also located on the first floor. He stated that the lower level would house a game room, billiards room, fitness room, locker space, and rest room facilities. Mr. Burns stated that the Task Force identified a site along 69th Avenue in Fridley as the primary location and a secondary site at the Rice Creek Shopping Center in New Brighton. He stated that if the city councils approve the overall concept of a Regional Senior Center, the problems of location will have to be worked out. Mr. Burns stated that a wide variety of recreational and social service programs would be offered at the Regional Senior Center including nutrition programs; exeroise and wellness programs; � special interest group activities; social service assistanoe such as Chore Services, respite care, and legal aid; and recreational programs including cards, day trips, dances, and billiards. He stated that the Regional Senior Center will offer more adequate housing for existinq programs and attract more senior participation. He stated that a larger pool of interests will enhance chances of diverse program offerings, and staff and volunteer efforts wi11 help assure better quality programming. Mr. Burns stated that as far as cost comparisons for a Fridley Senior Center and a Regional 5enior Center, it is assumed a Fridley center would be a stand-alone building with about 15,000 square feet. He stated tha� it is assumed the Community Education Center site would be available, (although he has not at this time contacted school officials), and the cost of construction would be about $81.40 per square foot. Mr. Burns stated that the cost for staffing a Fridley Senior Center would be $93,477 as compared to $202,701 for staffittg a Regional Senior Center. He stated that the construction cost and Purnishings for a Fridley Center would be $1,263,200 and the cost for a Regional Senior Center would be $2,045,750. Mr. Burns stated that the annual operating budget for a Fridley Center would be $238,309 and $430,394 for a Regional Senior Center. � Mr. Burns stated that the tax impact for a Fridley Senior Center would be about $8 per year on a$80,000 home and $10 per year on a$90,000 home. He stated that the tax impact for a Regional FRIDLEY CITY COUNCZL MEETING OF JUNE 7, 1993 PAGE 7 � Senior Center would be about $6 per year on a$80,000 home and $7 per year on a$90,000 home. Mr. Burns requested that the Council consider adopting this resolution giving conceptual approval for a Regional 5enior Center. Councilman Schneider stated that this resolution mainly commits the Council to move forward, but does not legally aommit any fundinq other than staff time. Ae stated that his primary concern is that while he supports the ooncept of a Regional Senior Center, perhaps there should be a time period for this to be accomplished. Mr. Burns felt that the other cities would be supportive of a time limit, and that this would be in order. Councilman Billings asked if the other three communities have passed a similar resolution. Mr. Burns stated that New Brighton has passed a resolution, Sprinq Lake Park will consider the item this evening at their Council meeting, and Mounds View will consider this issue next week. Councilman Sohneider asked what the next step in the process would be if Council adopts this resolution. � Mr. Burns stated that the most immediate problem is ta resolve the location issue. He stated that Fridley has taken the lead in trying to pursue the primary site, and the Metropolitan Council will be meeting June 17 regarding this site. He stated that he would foresee the Task Force meeting in the near future to assess the site selections. MOTION by Councilwoman Jorgenson to adopt Resolution No. 37-1993. Seconded by Councilman Schneider. MOTION by Councilman Schneider to amend Resalution No. 37-1993 by adding the following: "BE IT FURTHER RESOLVED that if location, governance issues, funding issues, and other such factors are not resolved within twelve (12) months of the passage of this resolution, the City oP Fridley may, at its option, declare this resolution null and void." Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that he has concerns relative to the primary location and overall costs, but he believes the regional approach is the best way to proceed based on the cost analysis submitted by Mr. Burns. He stated that he is somewhat frustrated with the Metropolitan Council. They should be supporting regionalism instead of beinq an impediment to the Regional Senior � Center. He stated that if the primary site is not approved, he would hope to work with the Metropolitan Council to find another site. FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 8 ' Counailman Schneider stated that he hoped that some of the issues brought out at the public hearing such as providing day care and opening the center to more segments of the population would be considered. He stated that he is com£ortable witri the conceptual approval, and he would like to give it a reasonable time to proceed. UPON A ROLL CALL VOTE ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEI�ID APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #90-02, BY THE CITY OF FRIDLEY : Ms. Dacy, Community Development Director, stated that the City of Coon Rapids has reaffirmed a resolution to the effeat that they are not in favor of constructing a street. She stated that Mr. and Mrs. Wetterlind would like additional time ta consult with their attorney. Ms. Dacy stated that this ordinance would vacate the right-of-way for Broad Avenue anfl combine it with Lot 26 to create a buildable parcel and reserve a bikeway/walkway and access easement. � Councilman Billings stated that he had a telephone conversation with Mr. Wetterlind yesterday in which he indicated he wanted some time to contact his attorney. He stated that the Council has opinions from the City Attorney that they are proceeding correctly. He felt, however, that it would be better to delay action if, in fact, there is some legal reason the Council should not be vacating this parcel. MoTION by Councilman Billings to table this item to the July 19, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unanimously. 4. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STRSETS AND ALLEYS AND TO AMEND APPENDIX C OF TFiE CITY CODE (VACATION REOUEST, SAV #93-01, BY MARK AND JEAN SCHWARTZ, AND FRANK AND VALLIE LABANDZ): Ms. Dacy, Community Development Director, stated that this is a joint application by the Schwartz's and Labandz's to vacate an alley along the entire length of their properties. She stated that the alley is located south of 64th Avenue and east of Old Central. Ms. Dacy stated that the Planning Commission recommended approval � of this vacation request with two stipulations. She stated that another issue is whether a street easement should be reserved in place of the alley easement. She stated that if the Council � � � FRIDLEY CITY COUNCZL MEETING OF JUNE 7, 1993 PAGE 9 chooses not to require retention of a street easemettt, staff has provided an amended section of the ordinance which would provide vacation of a five foot street easement recorded and conveyed on the Labandz's property. Councilman Schneider stated that he cannot foresee a need for a stireet easement. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seoonded by Councilwoman Jorgenson. Councilman Billings stated that the ordinance would have to be amended if the street easement is not required over the east five feet of Lots 15 and 16, Block 2, Spring Valley Addition. MOTION by Councilman Billings to amend the above ordinance as follows: (1) Under Section 1, add the words "and street easement" after the word "alley" on the first line; and (2) £ollowing Item B, add Ttem C to read as follows: '�The East 5 feet o£ Lots 15 and 16, Block 2, Spring Valley Addition." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPQN A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREET): MOTION by Councilman Billings to table this item to the Council meeting on July 19, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION N0. 38-1993 AUTHORIZING PAYMENTS TO THE FRIDLEY COMMUNICATIONS WORKSHOP TO DEFRAY THE COSTS OF CABLE TELEVISION ACCESS EQUIPMENT: MOTION by Councilman Schneider to adopt Resolution No. 38-1993. Seconded by Councilwoman Jorgenson. Mr. Surns, City Manager, stated that this resolution authorizes payments to the Fridley Communications Workshop and authorizes execution of the agreement relating to the purchase of cable television equipment by the Communications Workshop. He stated that this payment of $36,600 represents one-half of the funds received from Nortel as part of their franchise agreement. Councilman Billings stated that he has been contacted by persons active in the Communications Workshop who indicated the equipment is in such a state of disrepair they need more than $36,600. FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 10 � Councilman Schneider stated that he also has been contactefl. He felt that this could be studied further, but if there is a problem, the agreement can be amended by both parties. He stated that his intent was to determine if there are other potential needs in the community and not to diminish the work of the Communications Workshop. Mr. Hotchkiss stated that much of the equipment is beyond the five to seven year range, and the $36,600 could probably replace about half of what is non-functional at this time. He stated that he has compiled some prioes for the Council's consideration, and he would be happy to review these figures. Councilman Billings stated that he received five or six letters fram different persons who are associated with the Communications Workshop, and the tone of each of the letters was to request that the distribution of funds paid by Nortel be used for the workshop. He stated that the franchise agreement with Nortel does not specifically state the funds have to be used for the Communications Workshop. Mr. Hotchkiss stated that the Communications Workshop services not only the public but also the government. He stated that in the franchise agreement it specifically states these funds are to go � to public, educational, and governmental access. He stated that Nortel is obligated to repair and replace equipment at the workshop but not for qovernmental and educational access. He stated tha� there is concern that Nortel will try to maintain equipment far beyond its useful life. Mayor Nee felt that when the Communications Workshop has concrete proposals the Council may again review this issue. UPON A VOICE VOTE TAKEN ON THE ASOVE MOTSON, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 12. 1993: A. SPECIAL USE PERMIT REOUEST, SP #93-05, BY SOUND WAVES, INC., TO ALLOW COMMERCIAL RETAIL USES IN THE M-2, HEAVY INDUSTRIAL ZONING DISTRICT, GENERALLY LOCATED AT 7237 UNIVERSITY AVENUE N.E. Ms. Dacy, Community Development Director, stated that Sound Waves, Inc. is a commercial entity which sells and installs automotive electronic systems. She stated that the special use permit is needed to allow a commercial retail use in an M-2 zoning district. She stated that Sound Waves will lease 3,000 square feet, of which � 1,20o square feet will be retail and a small garage space £or installations. FRIDLEY CITY COUNCIL MEETING OF JIINE 7, 1993 PAGE 11 � Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with four stipulations. MOTION by Councilman Billings to concur with the recommendation of the Planning Commission and grant Special Use Permit Request, SP #93-05, with the following stipulations: (1) the building owner shall notify the City upon change in tenant use and parking availability; (2) expansion of the retail use shall require a special use permit; (3) the petitioner shall install the required sprinklers for the H-4 occupancy (garage space); and (4) the petitioner shall install dust collectors if fumes and/or dust is generated. Seconded by Councilwoman Sorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Schneider abstained from voting on the motion. Mayor Nee declared the motion carried. B. SPECIAL USE PERMIT REQUEST, SP #93-06. BY BWBR ARCHITECTS FOR UNITY HOSPSTAL. TQ ALLQW AN EXPANSION TO A AOSPITAL FACILITY, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E.: Ms. Dacy, Community Development Director, stated that this is a request by Unity Hospital to allow a 22,000 square foot expansion to their facility in the southeast corner of the property. She stated that the purpose of the expansion is to consolidate all the � surgical procedures. She stated that the maintenance garage would be displaced and relocated on the southwest portion of the property. Ms. Dacy stated that a parking lot w4uld be located to the south of the building and adjacent to the maintenance garage. She stated that the parking lot would be expanded by 64 stalls in the northwest portion of the site. She stated that there is adequate area to meet the parking requirements for this expansion. Ms. Dacy stated that a concern raised at the Planning Commission meeting from residents in the area was the traffic leaving the rear of the hospital at peak hours. She stated that, apparently, hospital employees exiting to the rear of the facility do not come to a complete stop at this location and continue out to Lyric Lane without proper traffic control. She stated that staff has contacted Anoka County, and they are seriously considering placing a traffic signal at the northwest portion of this parcel. She stated that with the relocation of the physician's parkinq, it may help to relieve some of the traffic on Lyric Lane. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with six stipulations. MOTION by Councilman Billings to concur with the Planning � Commission recommendation and grant Special Use Permit Request, SP #93-o6, with the following stipulations: (1) removal of the existing and installation of the new underground fuel storage tanks � � FRIDLEY CITY COUNCIL MEETING OF SUNE 7, 1993 PAGE 12 shall comply with the MPCA and £ire code requirements; (2) the addition shall be constructed of building materials similar to the existing hospital facility; (3) the petitioner shall comply with the comments outlined in Scott Erickson's letter of April 27, 1993, to provide the ponding volume of the roof; provide calculations establishing the amount of water to be ponded; provide documentation if the roof is structurally capable of handling the ponded water and approval from the State Building Code Department; show temporary erosion control devices; provide information if the sewer is being relocated from under the expansion area; and install a valve on the watermain; (4) the petitioner shall submit a landscape plan which shall include replacement of the following materials: four spruce trees; four hackberry trees; and 11 oak trees; (5) the petitioner shall submit a detailed management plan regarding management of the site regarding loose debris, erosion, and construction �raffic; and (6) the petitioner shall submit a lighting plan for the expanded parking area. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson questioned the alternate parking. Mr. Smith, physicians building. 34. BWBR Architects, stated that the expansion displaces trie parking area which will now be located in front of the He stated that the net gain in parking stalls is about councilwoman Jorgenson asked how many short stay surgery patients Unity Hospital serves on a daily basis. Mr. Alberts, Vice President of Unity Hospital, stated they serve anywhere from twelve to twenty persons a day. Councilwoman Jorgenson stated that the issue is that there are multiple uses for the parking area, and persons are parking and waiting for short stay surgery patients which causes a conflict in the parkinq lot for those who visit during normal visiting hours. Mr. Alberts stated that there is additional space available if the parking lot needs to be expanded. Councilwoman Jorgenson asked i£ the code requirements would be met, if the parking was expanded into the green area. Ms. Dacy stated that if the parking was expanded, they could still meet the code requirements. Councilwoman Jorgenson stated that even though the parking meets code, she felt the parking is not adequate in this area. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously, FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 13 � C. RESOLUTION NO. 39 - 1993 APPROVING A SUBDIVISION, LOT SPLZT, L.S. #93-04, TO SPLIT A LOT INTO THREE SEPARATE PARCELS, GENERALLY LOCATED AT 1601 RICE CREEK ROAD N.E.: Ms. Dacy, Community Development Director, stated that this a 1.7 acre parcel located ott the north side of Rice Creek Road and zoned R-1. She stated that the property owner would like ta subdivide this property into three parcels. She stated that there are several structures on the property, and Parcel A would be occupied by the existing home. She stated that the petitioner intends to remove the older home and accessory buildings. Ms. Dacy stated that she understands these structures have already been removed; therefore, this stipulation can be deleted. Ms. Dacy stated that the Planning Commission unanimously recommended approval of this lot split request. Councilman Schneider asked the petitioner if she had any problem with the stipulations. Ms. Egan stated that the older structures have been removed and the property leveled. MOTION by Councilman Schneider to adopt Resolution No. 39-1993, � with the following stipulations attached as Exhibit A: (1) a park dedication fee of $750.00 per lot for Parcels B and C shall be paid at the issuance of a building permit; (2) one driveway per parcel shall be permi�ted; (3� a permit shall be obtained from the County prior to work commencing in the County right-of-way to install curb cuts and driveways; (4) sewer and water service shall be provided to Parcel C; and (5) if determined by the City, a conservation plan and fees shall be submitted prior to the issuance of a building permit, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. ESTABLISH A PUBLIC HEARING FOR JUNE 21, 1993, FOR A VACATION REOUEST. SAV #93-02. BY ANDERSON TRUCKING, TO VACATE ALL EASEMENTS LOCATED IN THE ANDERSON DEVELOPMENT PLAT, GENERALLY LOCATED AT 7699 CENTRAL AVENUE N.E.: MOTION by Councilman Schneider to set the public hearing on this vacation request, SAV #93-02, for June 21, 1993. Seconded by councilwoman Jorgenson. Since Councilman Schneider will not be present at the next Council meeting, the above motion was withdrawn by Councilman Schneider, with the permission of the seconder, Councilwoman Jorgenson. MOTiON by Councilman Schneider to set the public hearing on this � vacation request, SAV #93-02, for July 6, 1993. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 14 MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of May 12, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE ITEMS FROM THE APPEAL5 COMMISSION MEETING OF MAY 18, 1993: A. VARIANCE REQUEST. VAR #93-06. BY DAN SAMPSON. TO REDUCE THE SIDE YARD SETBACK ON THE CORNER SIDE OF A CORNER LOT FROM 17.5 FEET TO 7 FEET, AND TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 9.5 FEET. GENERALLY LOCATED AT 6209 SARER AVENUE N.E. Ms. Dacy, Community Development Director, stated that the petitioner, Mr. Sampson, notified staff today by phone that he has purchased another home in Fridley, and he wishes to withdraw this application. MOTION by Councilwoman Jorgenson to receive the report from the Community Development Director regarding the request by the petitioner Eor withdrawal of this variance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. b. VARIANCE REOIIEST. VAR #93-07, BY BRADLEY AND JULIE �UNHAM, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6.3 FEET. GENERALLY LOCATED AT 1427 NQRTH DANUBE ROAD N.E.: Ms. Dacy, Community Development Director, stated that this variance is to reduce the side yard setback for living area from lo feet to 6.3 feet. She stated that there is an existing single family home on this property with an attached garage. The petitioner wants to convert the area above the garage to a walk-in closet. Ms. Dacy stated that the Appeals Commission recommended approval of this variance by a 4 to 1 vote. Councilman Schneider questioned if a fire wall needed to be installed. Ms. Dacy stated that she was informed by Clyde Wiley, Mechanical Building Inspector, that a fire wall is only required within three feet of the lot line. MOTION by Councilman Schneider to concur with the recommendation o£ the Appeals Commission and grant Variance Request, VAR #93-07. Seconded by Councilwoman Jorgenson. Councilman Billings felt that once this area becomes living space, it could be remodeled with bedroom space without coming back to the Council. He stated that he does not have a real objection to the FRIDLEY CITY COUNCIL MEETING OF JIINE 7, 1993 PAGE 15 � variance, but he would feel more comfortable if there weren't any windows. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. 9. APPROVE JUNKYARD LICENSE RENEWAL FOR SAM'S AUTO PARTS: Ms. �acy, Community Development Director, stated that Steve Barg, Code Enforcement Officer, has met with the owner of Sam's Auto Parts to try and resolve the problems at this location. She felt that a temporary license for a speaified period of time should be granted. It has been suggested to the owner, Mr. Giddings, that a period of three months would be recommended. Councilman Schneider stated that there is no place for people to park at this business and, as far as he could tell, people were parking on the street. MOTION by Councilman Schneider to qrant a junkyard license to Sam's Auto Parts for a period of ninety days and direct staff to bring back a report to the Council at this time with recommendations. � Seconded by Counoilman Billings. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE REALLOCATION OF UNUSED 1991 CDBG HUMAN SERVICE FUNDS: Ms. Dacy, Community Development Director, stated that the Human Resources Commission would like to utilize the $1,684.40 in unexpended 1991 CDBG funds for Southern Anoka Community Assistance in the amount of $1,496.00 and for St. William's food shelf in the amount of $188.40. MOTION by Councilwoman Jorgenson to approve the reallocation of $1,684.40 of unexpended 1991 CDBG funds to Southern Anoka Community Assistance in the amount of $1,496.00 and to St. William's Church in the amount of $188.40. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVE 1993-1994 AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN THE CiTY �F MINNEAPOLIS AND THE CITY QF FRIDLEY: Mr. Hunt, Assistant to the City Manager, stated that each year the City enters into a contract with the City of Minneapolis to participate in the Urban Corps program. He stated that as a � participant, the City can employ students who have Federal Work Study Grants to work as interns and the program is subsidized by the Federal government. He stated that in order to participate in FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1493 PAGE 16 � the program, it is necessary for the City to contract with the City of Minneapolis. MOTION by Councilman 5chneider to authorize the Mayor and City Manager to enter into the contract with the City of Minneapolis for participation in the 1993-1994 Urban Corps program. Seoonded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTABLISH A PUBLIC HEARING FOR JULY 6, 1993, FOR AMENDMENTS TO CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: MoTION by Councilman Schneider to set the public hearing for July 6, 1993 for amendments to Chapter 2 and Section 4.04 of the City Charter. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. AWARD CONTRACT FOR DESIGN OF WELL N0. 14: Mr. Flora, Public Works Director, stated that Bruce A. Leisch and Associates has completed their preliminary analysis for constructing a glacial drift well in the vicinity of the Locke Park filter plant. He stated that it is recommended that Council authorize preparation of final plans and specifications for Well � No. 14 by Bruce A. Leisch and Associates for an amount not to exceed $5,000. MOTION by Councilman Schneider to authorize Bruce A. Leisch and Associates to prepare final plans and specifications for Well No. 14 for an amount not to exceed $5,000. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE PETITIQN NQ. 10 - 93 FdR UPGRADE OF BENJAMIN STREET: MOTION by Councilman Schneider to receive Petition No. 10 - 93 for the upgrade of Benjamin Street. Seconded by Councilman Billings. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 40-1993 INDEMNIFYING AND HOLDING HARMLESS THE STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF VARIANCES ON S.A.P. 127-342-01 (BENJAMIN STREET1 (STREET IMPROVEMENT PROJECT NO. 1993-2); MOTION by Councilman Schneider to adopt Resolution No. 40-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � 1 FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 17 16. RESOLUTION NO. 41-1993 AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON ONE SIDE OF CERTAIN MSAS STREETS (5TREET IMPROVEMENT PROJECT NO. 1993-2): MOTION by Councilman Schneider to adopt Resolution No. 41-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION N0. 42-1993 AUTHORIZING THE POSTING OF "NO PARRING" SIGNS ON ONE SIDE OF CERTAIN MSAS STREETS (BENJAMIN STREET): MOTION by Councilman Schneider to adopt Resolution No. 42-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION N0. 43-1993 REQUESTING VARIANCES FROM MINNESOTA DEPARTMENT OF TRANSPORTATION RULES FOR STATE AIB OPERATION5 TO ALLOW STREET IMPRQVEMENTS WITH VARIANCES FRQM CREST VERTICAL CURVE AND HORIZONTAL CURVE STANDARDS: MOTION by Councilman Schneider to adopt Resolution No. 43-1993. 5econded by Councilwoman Jorganson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 44-1993 AUTHORIZING MUNICIPAL 5TATE AID FUNDS TO A MUNICIPAL OFF SYSTEM PROJECT - T.H. 47 BITUMINOUS SIDEWALK, 73RD AVENUE TO 85TH AVENUE (S.A.P. 127-090-031: MOTION by Councilman Schneider to adopt Resolution No. 44-1993. Seoonded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. INFORMAL STATUS REPORTS: TCAAP WATER LINE: Mr. Burns stated that in the pre-Council session, Council discussed alignment of the TCAAP line on 64th Avenue. He stated that the Council would seek bids for the water line and booster station. He stated it is understood that bids for that portion of the project would have options for asphalt or concrete curb and gutter so that a final decision can be made as to which would be used in the reconstruction of 64th Avenue. BARRICADZNG OF STREETS: The Council discussed the barricading of streets for such events as the '49er Days parade, National Night out, and the upcoming bicycle race. � MOTION by Councilman Billings to authorize the City Managar to cause certain streets to be barricaded for the safety and well- � ' � FRIDLEY CITY COUNCIL MEETINQ OF JUNE 7, 1993 PAGE 18 being of those attending the '49er Days parade, the bicycle race, and National Night Out. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. CLAIMS: MOTION by Councilman Billings to authorize payment of Claim Nos. 49516 through 49862. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the Liaense Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CARNIVAL LICENSE. '49ER DAYS: MOTION by Councilman Schneider to grant a carnival license to the '49er Days for this year's celebration from June 16-20, 1993, and waive the fee. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered for the Month of April, 1993, as City Prosecuting Attorney, . . . . . . . . . $ 1�,17Q.00 Northwest Asphalt 1451 County Road No. 18 Shakopee, MN 55374 1992 Stree� Reconstruction No. ST. 1992 - 1& 2 Estimate No. 8 . . . . . . Project . . . . . . $ 4,253.20 Seconded by Councilman Billings, Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 19 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 the Regular Meetinq of the Fridley City Council of June 7, 1993 adjourned at 10:40 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor