Loading...
07/06/1993 - 000051131 , � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SULY 6, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Schneider MEMBERS ABSENT: Councilman Fitzpatrick APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 21, 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: MARK WINSON. 165 5TONYBROOK WAY RE: EROSION CONTROL ON STONYBROOK CREEK: Mr. Mark Winson, 165 Stonybrook Way, stated that some recent events along Stonybrook Creek have caused him to come to the Council. He stated that there is a proposed project, in the capital improvements program for some erosion control along the creek, and he hoped construction would begin this year. He stated that with the recent rains there is erosion, and several trees have fallen in the last few weeks. He stated that the creek becomes a torrent during heavy rains, and the property owners along the creek are worried about losing land. Mr. Winson stated that he has lost about ten feet of land within the four years he has lived at this address. He stated that there is also a liability, as he has to chase children away from the creek because there is about a fifteen foot drop. FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 PAGE 2 � Mr. Winson stated that the project contemplated for Stonybrook Creek has not yet been designed. He offered his assistance to help with the design and get a successful project started. He stated that there is support for this project and hoped the Counail will move ahead. Mr. Winson stated that his property, as well as the Dunphy and Martin properties, are probably the most affected by the erosion. He stated that a tree fell and took down the Dunphy's telephone lines and his cable television line. He stated that there are several downed trees. These will adversely affect the flow of the creek and could cause even more erosion. He stated that any help the City can give the property owners would be appreciated. PUBLIC HEARINGS: 1. PUBLIC HEARING ON AMENDMENTS TO CHAPTER 2 AND SECTION 4.04 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 Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:44 p.m. � Mr. Gordon Backlund, Chairman of the Charter CommiSSion, stated that the amendments deal with the organization of the City Council. He stated that Section 2.02 pertains to elective officers and updates the Charter by stating when the Mayor and Councilmembers should be elected. He stated that the amendment also provides time periods for redistricting. Mr. Backlund stated that the most interesting amendments involve vacancies on the City Council. He stated that there is a procedure on how a special election is called if a vacancy occurs during the fourth year of office. He stated that there are refinements if the vacancy ocours after the filings for the office are closed or if this vacancy occurs after october 1. He stated that it really is not clear how vacancies should be filled during the first to the third year of the term of office. He stated that it may be in order to add a paragraph that would specifically address the procedure for vacancies occurring during the first to the third year of the term of office. Councilman Schneider read the last sentence of Sec�ion 2.05 of the current Charter. He felt that the proposed amendment to Section 2.05 was not complete. Mr. Backlund stated that this language from the current Charter is not contained in the proposed amendment and should be reviewed to � make sure something was not inadvertently omitted. s � � FRIDLEY CITY COUNCIL MEETING OF JULY 6, Y993 PAGE 3 Mr. Backlund stated that Section 4.04 basically refers to a special election for vacancies and how these should be held. Councilman Billinqs stated that there are some fairly extensive amendments similar to what was submitted to the Council several months ago and reworked by the Charter Commission. He questioned what would happen i£ there is a deadlock on the Council to appoint a person to fill a vacancy, as provided under Section 2.06, subsection 4. Mr. Backlund stated that the Charter Commission did not really address the issue of a deadlock. He stated that he would be open to any suggestions on how this could be handled. Councilman Billings stated that he believed there is language that indicates if the Council is in a deadlock, the Mayor does the appointing. Mr. Backlund stated that the Charter Commission addressed the vacancy issue, but they did not deal with every problem that may occur. He stated that is not to say the Commission should not address this potential problem. Councilman Billings felt that perhaps the Charter Commission may want to review this issue as they review the entire Charter. Mr. Backlund stated that this area was difficult because it dealt with an issue that had not been reviewed in depth. No other persons in the audience spoke regarding these proposed Charter amendments. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:00 p.m. 2. PUBLIC HEARING ON VACATION REOOEST, SAV #93-02, BY ANDERSON TRUCKING SERVICE. INC.. TO VACATE ALL EASEMENTS LOCATED IN THE ANDERSON DEVELOPMENT PLAT. GENERALLY LOCATED AT 7699 CENTRAL AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:00 p.m. Ms. Daoy, Community Development Director, stated that this property � is located at Osborne Road and Central Avenue. She stated that Council recently approved a replat of the Anderson Development Plat. She stated that the easements proposed to be vacated were FRYDLEY CITY COUNCIL MEETING OF JULY 6, 1993 PAGE 4 � platted as part of the original Anderson Development Plat of 1969. She stated that because the property is now platted into three lots, the easements are not needed. Appropriate easements are provided on the new plat. No persons in the audience spoke regarding this proposed vacation of easements, MoTION by Councilman Schneider to close the public hearing. Seconded by Counoilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:02 p.m. OLD BUSINESS• FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #90-02, BY THE CITY OF FRIDLEYI (TABLED JUNE 7. 19931: Mayor Nee removed this item Erom the table. Ms. Dacy, Community Development Director, stated that this property at Broad Avenue and Lafayette Street is located at the border of � Fridley and the City of Coon Rapids. She stated that the proposal is to vacate a paper easement on Broad Avenue. Ms. Dacy stated that this item was considered by the Planning Commission in May. They recommended approval of the vacation and to combine the vaaated right-of-way with the tax forfeited lot so that the lot could be sold. She stated that the Council tabled this item on June 7, 1993 at the request of the Wetterlinds, the property owner to the north, so that they could contact their attorney. Ms. Dacy stated that staff inet with the Wetterlinds. Their major concern was the location of the bikeway/walkway easement which would be located along the west and north side of the vacated right-of-way. She stated that in order to try and maximize the distance between the bikeway/walkway and any buildable site to the rear of the Wetterlind property, a meeting was held with the staff from the City of Coon Rapids. She stated that their interpretation was that the southeast corner of the Wetterlind property would be considered the front yard and the northwest corner would be considered the rear of their property. She stated that this would achieve as much distance as possible from the bikeway/walkway and the Wetterlind property. MOTION by Councilman Billings to waive the reading and approve the � ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF JULY 6. 1993 PAGE 5 NEW BUSINESS• 4. APPOINTMENT: PUBLIC SAFETY DIRECTOR: Mr. Burns, City Manager, stated that as Council is aware, Jim Hill, the Public Safety Director, will be retiring July 31. He stated that the City is very fortunate in having someone in the City's Police Department qualified to fill this position. He stated that this person is David Sallman who graduated from the University of Minnesota and received his Masters Degree from St. Thomas. He stated that Mr. Sallman also graduated from the FBI Academy and served in the Marine Corps. He stated that he joined the Fridley Police Department in 1977 and rose rapidly through the ranks to Deputy Public Safety Director in 1987. He reviewed the honors that Mr. Sallman has received and some of his accomplishments. Mr. Burns recommended that the Council concur with the appointment o£ David H. Sallman as the new Public Safety Director. MOTION by Councilman Schneider to concur with �he following appointment by the City Manager: Name Position � David H. Director of Sallman Public Safety Exempt � Starting Salarv $62,180.64 per year $5,181.72 per month Range 11 Starting Date Aug. 1, 1993 Replaces James P. Hill Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee and members of the City Council congratulated Mr. Sallman on his appointment. Mr. Sallman thanked Jim Hill, Bill Burns, and members of the Council for the confidence they have shown in him. He stated that he will work very hard to justify that confidence. Mayor Nee stated that he felt the City was fortunate to have a person in which they had such confidence. Councilman Billings pointed out that the City of White Bear Lake did an exhaustive search for a Public Safety Director, and Dave Sallman finished in the top three. He stated that a selection has not been made, but Mr. Sallman has withdrawn from the running to accept this position with the City. He stated that this further exemplifies that Mr. Sallman is a very qualified person. FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 PAGE 6 � 5. FIRST READING OF AN ORDINANCE AMEN�ING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: Mayor Nee stated that this ordinance amendment requires five votes. Since all councilmembers were not present this evening, he asked that the item be tabled. MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST. SAVE #93-02, BY ANDERSON TRUCKING SERVICE, INC.): MoTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JUNE 22. 1993: � A. VARIANCE REOUEST. VAR #93-12. BY PETER VAGOVTCH, TO REDUCE THE SIDE YARD SETBACK OF A DETACHED ACCESSORY STRUCTURE FROM 5 FEET TO 3 FEET, TO ALLOW THE CONSTRUCTION OF A DETACHED ACCESSORY STRUCTURE, GENERALLY LOCATED AT 6600 BROOKVIEW DRIVE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the side yard setback for a detached accessory structure from five feet to three feet to allow construction of a 12 by 30 foot building. She stated that the petitioner began construction without a building permit. She stated that if this variance is approve� at its present location, staff has some concerns regarding a fire wall, roo£ trusses, and that the structure is permanently anchored to the slab. Ms. Dacy stated that the Council should note this request is in excess of previously approved requests. Ms. Dacy stated that the owner to the south of this property testified in favor of the variance request. She stated that the Appeals Commission unanimously recommended denial, as there are other options to conEorm to the ordinance, and they believed no hardship exists, and that granting the variance would be contrary to the spirit and intent of the code. Councilman Billings asked if it was relevant that construction � began without a building permit. � � � FRIDLEY CITY COUNCIL MEETING OF JULY 6. 1943 PAGE 7 Ms. Dacy stated that, typioally, the Council considers these requests prior to initiation of construction, and the Appeals Commission did not want to send a messaqe to Council that they should approve the variance just because a structure was partially completed. Councilwoman Jorgenson asked the petitioner if a contractor was assisting him in building the structure. Mr. Vagovich stated that he had a contractor construct the building. He stated that he did not know he needed a building permit for a utility shed. He stated �hat the contractor is Hermanson Builders in Ham La➢ce. Councilman Billings stated that the City still licenses contractors for commercial properties, but he believed contractors for residential properties are licensed by the State. Ms. Dacy stated that residential contractors apply for a license form the State, but the City verifies the license when a building permit application is received. Mayor Nee said that contractor does not permit. the State should probably be advised that the recognize that he should obtain a building Mayor Nee stated that with all the space available on this lot, he could not understand why the petitioner ahose to construct the building at this location. Mr. Vagovich stated that he did not want to look at a shed in his back yard. He stated that the Michael Servetus Unitarian Church has a shed that is only about a foot from the property line. He stated that he has seen buildings all over Fridley that are closer to the property line. Mayor Nee stated that variances are granted if there are no other options, and Mr. Vagovich has a very substantial amount of land where this building could be consltruated. Mr. Herrick, City Attorney, stated that the general rule for a variance is i£ the applioant cannot make any reasonable use o£ his property or does not have any alternative. He stated that the Council has previously discussed creating precedents, and if a variance such as this is approved, someone with a similar request would have to be treated in the same manner. Councilman Billings stated that the petitioner has spent time, energy, and money for this project; however, he is inclined to go along with the unanimous recommendation of the Appeals Commission and deny the variance. FRIDLEY CITY COIINCIL MEETING OF JULY 6. 3993 PAGE 8 � MOTION by Councilman Billings to concur with the unanimous recommendation of the Appeals Commission and deny Variance Request, VAR #93-12. Seconded by Councilman Schneider. Councilwoman �orgenson asked if Mr, Vagovich would have any recourse to take legal action against the contractor for not knowing the setback requirements in the Citye Mr. Herrick felt that Mr. Vagovich may have a reasonable claim. UPON A V�ICE VOTE TAKEN ON THE ABOVE MOTIDN, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 23, 1993: A. SPECIAL USE PERMIT REOUEST, SP #93-09, BY PETER VAGOVICH, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE OVER 240 SOUARE FEET, GENERALLY LOCATED AT 6600 SROOKVIEW DRTVE N.E.: Ms. Dacy, Community Development Director, stated that the Council denied the variance request; therefore, action should be taken to deny this special use permit. � Councilman Billings stated that this would not necessarily be true since the petitioner could build the structure in the back yard, and he has applied for the special use permit to permit a building larger than 240 square feet. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with the stipulations that the structure comply with the Uniform Building and Fire Codes and that the structure be relocated if the variance was not approved. Councilman Billings stated that, unfortunately, the petitioner has left the meeting, but he may want to move the structure to comply with the setback requirements. He stated that if this special use permit is granted and the building is not constructed within one year, this permit would expire. Ms. Dacy stated that if the special use permit is approved, staff would review the revised location to determine if the setback requirements are met, and that would occur administratively. MOTION by Councilman Billings to grant Special Use Permit, SP #93-09, with the stipulation that the accessory building be constructed in accordance with the building, fire, and zoning codes and further emphasizing that the Variance Request, VAR #93-12, was � not approved and the building must meet all side and rear yard setbacks. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF JULY 6. 1993 PAGE 9 B. SPECIAL USE PERMIT REQUEST SP #93-10, BY STEPHEN WITZEL, TO ALLOW OUTDOOR STORAGE OF MATERIALS AND E4UIPMENT, GENERALLY LOCATED AT 505 FAIRMONT STREET N.E.: Ms. Dacy, Community Development Director, stated that the property is located just west of the intersection of Fairmont Street and East River Road. She stated that the property is zoned C-1, and the petitioner operates Mobile Maintenance, a mobile home repair operation, from this ooncrete structure. She stated that to the west of the existing building is a storage yard used for storage of vehicles, equipment and materials associated with the business. She stated that the special use permit is for the outdoor storage of materials. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with four stipulations, which she outlined pertaining to a screening fence, landscaping, uses of the storage area, and no exterior storage outside the storage area. She stated that the Planning Commission believed the hard surface drive should not be required because the property has been maintained with the same gravel surface for some time. Mayor Nee felt that the corner was an eyesore and even though it has been maintained in this fashion for a number of years, he does � not believe it is grounds to let it continue. He stated that the residents in the neighborhood have improved their property, and the corner is not an improvement for the area. � Councilwoman Jorgenson asked if there was any green space on this property, Ms. Dacy stated that some landscapinq is recommended between the two curb cuts. Mr. Witzel, the petitioner, stated that he owns the building, when he purchased the property he was told by City staff that he would not have problems with this driveway. He stated that he has put about $15,000 in repairs to the property. He stated that his next door neiqhbor at the laundromat stated that he has done more for the building than anyone in twenty years. He stated that the Planning Commission did not recommend blacktop for the storage area but for the front. He stated that he is applying for the special use permit to use the property for the same thing it has been used for in the last twenty years because a neighbor behind his property is upset that he has a boat parked there. Mayor Nee stated that as long as all the storage is inside the fence, the long, wide driveway is probably not needed, and possibly a driveway of twenty feet or so would accommodate his needs and this could be paved. � FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 PAGE 10 � Mr. Witzel stated that he did not understand what a 20 foot wide driveway would accomplish. Councilwoman Jorgenson stated that a narrower driveway would permit more green space and offer a more pleasing environment. Ms. Dacy felt that the suggestion to pave a portion of the driveway would provide an opportunity to install the landscaping and minimize the costs for paving. Mr, Witzel stated that if he installs landscaping, trucks would have to pull out onto a residential street. He felt that the green space would look nice but would not function for his business operation. He stated that he fully intends to blacktop the driveway at some point, but he is cornered financially. Mayor Nee stated that he would like this item tabled to see what could be worked out that would accomplish some of the goals and �still be manageable for the petitioner. Councilman Billings stated that when a special use permit is before the Council, the Council tries to get the property owner to bring the property up to the current codes. He stated that on the agenda this evening is a new ordinance proposed by staff and the Planning � Commission to actually require hard surfaced areas for the parking of all vehicles in all zoning districts. Councilman Billings stated that the City is in the process of reviewing properties and trying to upgrade those that are deteriorating. He felt that Mr. Witzel would agree when there is some landscaping on the property, it makes for a nicer appearance. He stated that when properties deteriorate they lose their own value and also affect neighborhood values, Councilman Billings felt that perhaps a landscaping plan could be worked out with staff to install a few trees at this time and additional time to accomplish other improvements. He felt that in this way, Mr. Witzel's goals, as well as those of the City, may be achieved. Mr. Witzel stated that in the original recommendation by staff, he agreed to all the stipulations and landscaping except the hard surface driveway. Councilman Billings felt that staff should work with Mr. Witzel to see what could be done as far as improvements and landscaping. 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 votinq aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JULY 6 1993 PAGE 11 � C. ESTABLISH PUBLIC HEARYNG FOR AUGUST 2 1993. FOR AN AMENDMENT TO THE FRIDLEY CITY CODE CHAPTER 205 ENTITLED "ZONING," BY AMENDING SECTIONS 205 07 06 205.08.06. 205.09.07. AND 205 10 06 AND RENIIMBERING CONSECUTIVE SECTIONS (PARKING ORDINANCE AMENDMENTI: Ms. Dacy, Community Development Director, stated that this amendment would require that any parking of vehicles in a residential area would have to occur on a hard surface driveway or approved parking stalls. MOTION by Councilman Schneider to set the public hearing on this amendment to the City Code for August 2, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, MOTION by Councilman Billings to receive the minutes of the Planning Commission Meeting of June 23, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 9. APPROVE CONSULTANT CONTRACT WITH WESTWOOD PROFESSIONAL SERVICES, INC., AND PETERSON ENVIRONMENTAL CONSULTING, INC., TO PROVIDE WETLAND DELINEATION SERVICES: � Ms. Dacy, Community Development birector, stated that the Legislature passed the Wetland Conservation Act in 1991, and the City will be required to pass a wetland ordinance enforcing the requirements of this act or imposing more stringent development standards. She stated that in order to comply with the act, the City needs to identify the wetlands located within the City limits and to delineate them as to size and type. Ms. Dacy stated that in order to accomplish this task, staff sent six Request for Proposals to consulting companies for wetland delineation services. She stated that four proposals were received, and the joint proposal submitted by Westwood Professional Services, Inc., and Peterson Environmental Consulting was chosen by staff based on the lowest cost, the most detailed presentation and understanding of the activities included in the Request for Proposal, a firm understanding of the requirements of the Wetland Conservation Act, and previous project experience regarding wetland delineation. Ms. Dacy stated it is estimated that the final report will be completed in October so that staff can develop an ordinance and complete the process during the last part of this year. Ms. Dacy recommended that the Council approve the consultant � contract with Westwood Professional Services, Inc., and Peterson Environmental Consulting. FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 PAGE 12 � Councilman Billings asked if Ron Peterson would do the majority of the work, as he had previously done work on the Meadowlands project. Mr. Robin Bouta, Westwood Professional Services, stated that they would be doing the work in conjunction with Ron Peterson. He stated that Mr. Peterson was formerly with Westwood, and they continue to work with him. MOTION by Counoilman Schneider to approve the consultant contract with Westwood Professional Services, Inc., and Peterson Environmental Consulting for wetland delineation anfl evaluation services in the amount of $7,990.00. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. AUTHORIZE PUBLIC NUISANCE ABATEMENT AT 513 FAIRMONT STREET N.E.• Ms. Dacy, Community Development Director, stated that staff took a video this afternoon of the property, and it was shown to the Council. She stated that the nuisance conditions are the four dead trees, the brush pile, and outside storage of materials in the rear yard. � Ms. Dacy stated that adjacent property owners have reported on a number of occasions that branches will come off the trees and land on their property. She stated that the current owner, MaHel Cooper, cannot be contacted. She stated that a notice was mailed to her by certified mail, and staff has been in contact with the mortgage company over the past year. Ms. Dacy stated that the property has been posted that the City is proceeding with the nuisance action to remove the dead trees and brush, and 5ears Mortgage Company is aware of this aotion. She stated that at least four complaints have been received from property owners in the area. She stated that a contractor will be hired, and the praperty assessed for the cost of abating this nuisance. Ms. Dubay, 521 Fairmont Street, stated that she owns the property directly to the west and presented photoqraphs of the property. She stated that the top of the tree fe11 on her property, and she has been in contact with City staff regarding the dead trees. She stated that she has been picking up limhs and branches that have fallen on her home and vehicles. She stated that this is a biq concern for her as she was physically injured when removing a branch that had fallen from the tree. Councilwoman Jorgenson stated that the City, in conjunction with the Housing and Redevelopment Authority, is doing some housing ' rehabilitation. One phase is to acquire sites similar to this, remove the structures, and divide the lot between the two adjacent property owners. She asked Ms. Dubay if she would have an interest FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 PAGE 13 � in acquiring part of this lot. Ms. Dubay replied that she would be interested. Mr. Witzel stated that he would be interested in a portion of the lot but not interested in buying green space. It would depend on the Council's position on what he could do with the property. Ms. Cheryl Boe, 520 Glencoe Street, stated �ha� her big concern with Mr. Witzel�s property is the storage of the cabin cruiser. She stated that she did not want a parking lot in her back yard. Councilman Billings stated that discussion of the acquisition of 513 Fairmont by Mr. Witzel may be premature, as the Council does not know the position of Sears Mortgaqe on this property. Councilwoman Jorgenson stated that site acquisition is only part of the housing rehabilitation program. The City is trying to take care of some of the more difficult properties attd keep property values as stable as possible. She stated that this type of property would bring down property values in the area. MOTION by Councilwoman Jorgenson to authorize abatement of the public nuisance at 513 Fairmont Street and order the removal and disposal oP the large brush pile in the rear yard, cutting and � removing several dead/dying trees located across the property that create a potential safety hazard, and discontinuing outside storage of materials in the rear yard. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11, EXTENSION OF MEMORANDUM OF UNDERSTANDING FOR RENTAL REHABILITATION GRANT PROGRAM: Ms. Dacy, Community Development Director, stated that in order for this rental rehabilitation qrant program to continue, it is necessary to extend the agreement with Anoka County. MOTION by Councilman Schneicler to approve the extension of the Memorandum of Understanding for the Rental Rehabilitation Grant Program from February 1, 1993 through July 31, 1994. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. REVIEW VARIANCE REOUEST. VAR #90-12, BY JAMES NICKLOW. TO INCREASE THE MAXIMUM ALLOWABLE SOUARE FOOTAGE OF A SIGN FROM 80 SOUARE FEET TO 112 SQUARE FEET. GENERALLY LOCATED AT 6161 HIGHWAY 65 N.E.• Ms. Dacy, Community Development Director, stated that three years � ago the Council approved this variance request to increase the maximum allowable square footage of a sign from 8o square feet to 112 square feet in order to allow an addition of a reader board to � FRIDLEY CITY COUNCIL MEETSNG OF JULY 6, 1993 PAGE 14 the existing pylon sign at the Shorewood Inn. She stated that as a condition of approval the variance was to terminate with the current owner, and the request was to be reviewed in three years. She stated that the Council should either approve or deny the variance. Councilman Schneider stated that over the last several years, the Council has been granting variances anywhere from 120 square feet to 160 square feet, so it would seem the 112 square foot sign is not out of line with this standard. MOTION by Councilman Schneider to approve the continuation of VAR #90-12. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 13. REVIEW VARIANCE REOUEST, VAR #91-13, BY LEONARD VANASSE, TO INCREASE THE MAXINNM SQUARE FOOTAGE OF A SIGN FROM 80 SQUARE FEET TO 101 SQUARE FEET. GENERALLY LOCATE� AT 57 81ST AVENLTE N. E. : Ms. Dacy, Community Development Director, stated that on June 17, 1991, the Council considered this varisnce to increase the sign area from 8o square feet to 101 square feet with a review in two � years to possibly permit submission of a subdivision request, but this has not occurred. 5he stated that Council should either approve or deny the varianoe. � Mr. Jim Van Auken, Terminal Manager for Craus Cartage Company, stated that Craus Cartage is negotiating to purohase a portion or all of the building. A meeting will be held on July 15 regarding these negotiations. Councilman Billings stated that in reviewing the minutes from the meetinq in 1991, it was believed a subdivision might not lae in the best interests of the community. He stated that he has not heard a lot of complaints, but would move far a two-year extension of this variance, and review at the end of this time period. MOTION by Councilman Billings to continue VAR #91-13 for a two-year period, with a reviewal at the end of this time period. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 14. APPROVE COMPREHENSIVE SIGN PLAN AMENDMENT FOR 7820 - 7900 UNIVERSITY AVENUE N.E. (T.R. MCCOY'S): Ms. Dacy, Community Development Director, stated that this is an amendment to the comprehensive sign plan for T.R. McCOy's to permit installation of two 22 square foot signs. She stated that the signs will advertise the availability of pu11 tabs at T.R. McCOy's. � FRIDLEY CITY COUNCIL MEETING OF JIILY 6, 1993 PAGE 15 Mr. Jim Golden stated that pull tabs will be sold at T.R. McCoy's, and this activity is operated by the Lion's Club. MOTION by Counoilman Schneider to approve an amendment to the comprehensive sign plan for 7820-7900 University Avenue N. E. (T.R. McCOy's) with the stipulation that if the pu1T tab operation ceases, the signs shall be removed. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. ESTABLISH A PUBLIC HEARING FOR JULY 19, 1993, FOR THE KNIGHTS OF COLUMBUS FOR AN ON-SALE CLUB LIOUOR LICENSE: MOTION by Councilman Billings to set the public hearing for this on-sale liquor license for July 19, 1993. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVE PETITION FOR THE RICE CREEK STREAM BED AND BANK STABILIZATION PROGRAM: MOTION �y Councilman Schneider to receive Petition No. 12-1493 attd authorize submittal of the Rice Creek Stream Bed and Bank Stabilization Project to the Watershed District and to Anoka County � Soil and Water Conservation District for approval and funding support. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 49-1993 DETERMINING THE NECESSITY FOR AUTHORIZING THE ACOUISITION OF CERTAIN PROPERTIES BY PROCEEDINGS IN THE EMINENT DOMAIN (OUTLOT B, SHOREWOOD PLAZAI: Mr. Erickson, Assistant Public Works Director, stated that in conjunction with the TCAAP watermain project and the site for the booster station, City staff has been negotiating with the owners of outlot B, Shorewood Plaza, for purchase of this property. He stated that an appraisal was completed but was not agreeable with Quality Growth, the owners of the property. Mr. Erickson stated that in reviewing this situation, it was determined that Outlot B could possibly be split into two potential lo�s, one for the booster station and one for development. He stated that this was discussed as an option with Quality Growth; however, they would not negotiate with staff. Mr. Erickson requested Council to consider this resolution to authorize the acquisition of this property through eminent domain proceedings. ' Mr. Erickson stated that recently Quality Growth did propose a tentative agreement. He stated that, based on past experiences of working with this property owner, it is recommended that the City FRIDLEY CITY COUNCIL MEETING OF JULY 6. 1993 PAGE 16 � proceed with the condemnation. He stated that the agreement is, basically, for splitting the lots and payment of $12,500 for Lot 1. He outlined the nine different items in this proposed agreement, There was a stipulation that the agreement would only be valid until July 7, 1993. MOTION by Councilman Schneider to adopt Resolution No. 49-1993. Seconded by Councilman Billings. Councilman Schneider stated that the main item is if the Council is comfortable with only half the property for the booster station. He stated that he would want to make sure there is plenty of space for landscaping to make it compatible with the neighborhood. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff that if a settlement is negotiated with Quality Growth, Inc., the negotiations include the entire outlot B, with the option that if the entire lot was not needed once speciPic plans are drawn for the booster station, the lot could be potentially sold for residential development. Seconded by Councilwoman Jorgenson. � Councilman Billings asked if the lot is acquired through negotiations, does staff have the authority to purchase the lot or does it has to come back to Council. Mr. Burns, City Manager, stated that the Council has to approve the purchase agreement, Councilman Billings stated that he felt the motio» definitely ties the hands of staff in terms of negotiations. He does not have enough facts to indicate whether he wants to lock staff into only having the one option. Mr. Erickson stated that he also did not know if the appraisal took into consideration the fact that this lot could possibly be split. Mr. Burns stated that staff can live with the motion and proceed to negotiate between now and the Council meeting on July 19. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billinqs voted against the motion. Mayor Nee declared the motion carried. 18. RESOLUTION NO. 50-1993 INDEMNIFYING AND HOLDING HARMLESS THE STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF � VARIANCES ON S.A.P. 127-319-04 (CHERI LANE AND 53RD AVENUE) AND S.A.P. 127-350-01 (REGIS LANE) STREET IMPROVEMENT PROJECT N0. 1993 - 2: Mr. Erickson, Assistant Public Works Director, stated that as part of the 1993 street improvement project, the City obtained variances FRIDLEY CITY COUNCIL MEETING OF JULY 6. 1993 PAGE 17 � from the State's design requirements. He stated that the State is requesting a hold harmless agreement for these variances and asked that the Council consider adoption of this resolution. MOTION by Councilman Schneider to adopt Resolution No. 50-1993. Seconded by Counoilwoman Jorgenson. Upon a voiae vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 19. APPROVE CONTRIBUTION TO THE 1993 STAR OF THE NORTH SUMMER GAMES: Mr. Burns, City Manager, stated that the City has received a request from the Finance Chairman of the Star of the North Summer Games for a contribution to finance these games. He stated that it was pointed out that the cities of Blaine and Coon Rapids each provided $5,000. Mounds View also provided funding. He stated that the games have already occurred and attracted many participants which contributed to the City's retail tradee zie stated that the City was one of the co-sponsors, and the request is for a contribution to share part of the cost. MoTION by Councilwoman Jorgenson to approve a$1,00o contribution for the 1993 Star of the North Summer Games. Seconded by Councilman Billings. � Councilman Schneider stated that his concern is with the process. He stated that the 5tar of the North Summer Games was qood for the northern area and the City, but he is not sure what process should be used to provide this contribution. He stated that the City receives many requests, and there is a manner in which these are reviewed to determine who receives funding. Councilman Billings stated that he assumes this motion would take four affirmative votes to pass because it is not a budget item. Mr. Herrick, City Attorney, stated that four affirmative votes would be needed. UPON A VOICE VOTE TAKEN ON THE ABOVE MoTION, Couttcilwoman Jorgenson, Councilman Billings, and Mayor Nee voted in favor o£ the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion failed. 20. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 21. CLAIMS• � MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 5013D through 50403. Seconded by Councilman Schneider. Upon a L� � � FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1993 PAGE 18 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 License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 23. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Northwest Asphalt, Inc. 1451 County Road 8 Shakopee, MN 55379 1992 Street Improvement Project No. ST 1992 - 1& 2 FINAL ESTIMATE . . . . . . . . $29,565.7D Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider, Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 6, 1993 adjourned at 10:23 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor