07/25/1994 - 00004566�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
JULY 25, 1994
The Regular Meeting of the Fridley City Council was called to order
at 7:38 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT
PROCT_�AMATIONS :
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Council-
woman Bolkcom
None
CAROLTNE OGLAZA DAY - JULY 26, 1994:
Mayor Nee issued a proclamation proclaiming Suly 26, 1994 as
Caroline Oglaza Day in the City of Fridley. He stated that
Caroline is a college student from Fourmies, France and has been
in Fridley conducting market studies. He stated that she will
return to Fridley's Sister City, Fourmies, France this week.
NATIONAL NIGHT QUT - AUGUST 2. 1994:
Mr. Burns, City Manager, read a proclamation proclaiming August 2,
1994 as National Night Out in the City of Fridley. I3e called upon
all citizens to �oin the Fridley Police Department and to partici-
pate in the eleventh annual National Night Out by havinq neighbor-
hood block parties to symbolically take ktack the night and give
crime a going away party.
Ms. Rosie Griep, Public Safety Pro�ects Coordlnator, introduced
Ms. Julie Swanson, the new Neighborhood Crime Watch Coordinator and
Crime Prevention 5pecialist. She stated that National Night Out
started eleven years ago in Pennsylvania to �oin residents together
with law enforcement to fight crime and develop a sense of
community in their neighborhoods. She stated that several million
people will observe National Night Out on August 2. Ms. Griep and
Ms. Swanson, along with several block captains, received this
proclamation.
Mayor Nee issued the proclamation and stated that he and the
Council are very happy with the program and its success,
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FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 2
Ms. Griep stated that persons who wish to participate can contact
Julie Swanson at 572-3634.
APPROVAL OF MINUTES:
COUNCIL MEETING, SULY 11, 1994:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwoman Jorgenson.
MOTION by Councilman Schneider to amend the minutes by inserting
the following language, after paragraph five on Page 10: "Council-
man Schneider stated that under the existing code, they would be
allowed two four-foot directional signs." Further, to correct the
Roll Call Vote on Page 14 to indicate that Councilwoman Bolkcom and
Councilman Billings both voted against the motion and the motion
carried by a 3 to 2 vote. 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.
ADOPTION OF AGENDA:
Mayor Nee requested an item be added: (2) Set November 14, 1994 as
a Special City Council Meeting to receive the canvass from the
election.
MOTION by Councilman Schneider to adopt the agenda with the above
addition. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
OLD BUSINESS•
1. RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE 1,
1994 (TABLED SULY 11. 19941:
Mayor Nee removed these three items from the table.
A. SPECIAL USE PERMIT REQUEST, SP $94-03, BY GORDON HE➢LUND, TO
ALLOW CONSTRUCTION IN THE CRP-2 (FLOOD FRINGEI, GENERALLY
LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW
TERRACE:
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FRIDLEY CITY COUNCIL MEETING OF JULY 25 1994 PAGE 3
B. SPECIAL USE PERMIT REOUEST SP #94-04 BY GORDON HEDLUND TO
ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT FLOOD FRINGE
GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF
BROAD AVENUE:
C. SPECIAL USE PERMIT REOUEST SP #94-05 BY GORDON HEDLUND TO
ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT FLOOD FRINGE
GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF
BROAD AVENUE•
Ms. Dacy, Community Development Director, stated that these
requests for special use permits were tabled at the last Council
meeting to allow the petitioner time to analyze the impact of a
height restriction on these properties. She stated that the
petitioner has not submitted any additional building plans but has
reiterated his feelings from the last Council meeting that he felt
the height stipulation was too restrictive.
Ms. Dacy stated that staff has reviewed house plans which have been
constructed in other parts of the flood plain area. She stated
that if the 3o foot height is measured from the existing street
elevation, a split level and two-story home would not meet the
height requirements; however, a one story rambler could be
constructed to conform with the maximum height.
Ms. Dacy stated that staff reviewed the definition of building
height and measured the elevation at the front of the building.
She stated that this is at 822 feet, and any house plans could be
constructed within the 30 foot height limit. She stated that staff
is recommending a stipulation that the maximum height be measured
from the 822 foot elevation on all three lots.
Mr. Hickok, Planning Coordinator, submitted some typical building
plans showing a rambler, a split entry, and a two-story which could
be constructed within the 30 foot height requirement if ineasured
from 822 feet. He stated that a non-traditional two-story may be
31 feet high.
Ms. Dacy stated that Mr. Hedlund, the petitioner, contacted her
this morning to say that he was in the hospital and received a copy
of the staff report. She stated that he indicated he had no
ob�ection to the proposed stipulation that the maximum height be
measured from the 822 foot elevation. She stated that Mr. Hedlund
advised her that if the Council rewords this stipulation, he would
like the action tabled until he can attend the meeting.
Councilwoman Bolkcom stated that if the height is measured from the
street elevation, Mr. Hedlund could not build a majority of these
homes.
Ms. Dacy stated that is correct, as two of the three designs would
be over the 30 foot height limit. She stated that Mr. Hedlund
FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 4
� advised her that if the elevation is measured from the street, he
would ob�ect.
MOTION by Councilwoman Bolkcom to table Special Use Permit Request,
SP #94-03. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to table Special Use Permit Request,
SP #94-04. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to table Special Use Permit Request,
SP #94-05. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
2. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
JUNE 29, 1994 (TABLED JULY 11,1994):
A. AUTHORIZE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR A PLAT
RE9UEST, P.S. #94-05, BY KEITH EIBENSTEINER FOR BILTMORE
CONSTRUCTION OF NEW BRIGHTON, INC.. TO SUBDIVIDE PROPERTY INTO
NINE NEW SINGLE FAMILY LOTS, GENERALLY LOCATED IN THE SOUTH-
EAST CORNER OF TOTINO-GRACE HIGH SCHOOL PROPERTY AT
1350 GARDENA AVENUE N.E.:
� Mayor Nee removed this item from the table.
Ms. Dacy, Community Development Director, stated that at the
July 11 Council meeting a number of questions were raised. She
reviewed staff's response to these questions. She stated that in
regard to the question on the plat submitted by Charles Cook, P.S.
#$6-06, Valley oaks, there was an issue oaith the storm water
assessments. She stated that a public hearing was conducted on
this plat in 1987, but there was no final action taken b_y the
Council on the plat.
Ms. Dacy stated that in response to the question on the size of
the Innsbruck Nature Center, it is 24 acres and was dedicated as
a park in 1971. She stated that the original land area for Pecks
Woods was at least 640 acres extending from Rice Creek Road on the
north to 49th Avenue and Highland Lake to the south, into New
Brighton on the east, and approximately along the Matterhorn Drive
aliqnment on the west.
Ms. Dacy stated that in response to the question regarding Arthur
Street, it was constructed in 1972 and was part of Pecks Woods.
She stated that in conversations with Mayor Nee, the Council in
1964 informally discussed acquisition of the wooded area north of
I-694, but the cost was prohibitive. She stated that a portion of
� Islands of Peace park was acquired this same year. She stated that
the dedication of Innsbruck Nature Center in 1971 preserved 24
acres of the original Pecks Woods.
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FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 5
Ms. Dacy stated that in response to the question on the size of
Springbrook Nature Center, it is 127 acres. The City acquired the
land in 1971, and it was designated as a nature center in 1974.
Ms. Dacy stated that in response to the question whether the
developer preserved the trees on the Wal-Mart site, there was a
stipulation that the developer try to preserve as many oak trees
as possible. They were able to save three out of the four trees
on this property.
Ms. Dacy stated that in regard to the question if money is avail-
able from a third party organization, staff contacted the organiza-
tion, Trust for Public Lands. She stated that the Trust is an
interim financing vehicle and must be repaid. She stated that
Mr. Haluska, Friends of Innsbruck Park, is meeting with them on
.TUly 26. It takes four weeks for them to evaluate a site to
determine if they will participate in funding.
Ms. Dacy stated that of 490 acres of City parks, 340 acres have
been reserved as "open space." 5he stated that Fridley exceeds the
National Recreation and Park Association standards for the amount
of park acreage, as the standards require 180 to 310 acres. The
City owns 490 acres. She stated that there are no detailed surveys
to quantify the activity at Innsbruck Nature Center.
Ms Dacy stated that in regard to
requirements if the Totino-Grace
it is estimated the cost to
approximately $1,500.
the question on the maintenance
property is turned into a park,
maintain tl-iis area would be
Ms. Dacy stated that the City Attorney has contacted the attorney
for the Environmental Quality Board. Mr. Herrick has prepared a
memo regarding the request for an Environmental Assessment Work-
sheet (EAW). She stated that it appears the EAW is not applicable
in this circumstance because of the small size of this development.
Mr. Gregg Herrick, Assistant City Attorney, stated that their
office has reviewed this question and has come to the conclusion
that an EAW did not apply. He also stated that the Attorney
General's Office is in aqreement. He stated that in reviewinq the
Minnesota Environmental Rights Act, it 1s basically a two part
process -- that is, will natural resources be affected and, if so,
then is there significant or substantial damage to the environment.
He stated that it appears this site is not unique in any ecological
sense, and no legislation was uncovered that this pro�ect may
violate.
Mr. Ron Peterson, Peterson Environmental, Inc., addressed the
environmental issues. He stated that there is no impact to the two
� wetlands delineated on the plan. He also said that this was
accurate and consistent with the 1989 Federal Manual. He stated
that their staff botanist, Mr. Glenn Vande Water, reviewed the site
FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 6
� on July 15. He stated that there are four different species of
oaks and a number of other tree species. He reviewed the type of
plants on the site and nated that there is an encroachment of the
buckthorn and honeysuckle shrubs, reducing the overall richness and
abundance of native species within the site. He stated that no
state-threatened, endangered, or special ooncern plant species were
observed during this field review.
Mr. Peterson stated that this site represents less than one percent
o£ Pecks Woods and combined with Innsbruck Nature Center, less than
four percent. He stated that the ecology at Innsbruck Nature
Center was similar to the Totino-Grace site, and it is a remnant
of Pecks Woods.
Mr. Peterson stated that staff contacted the DNR Heritage program.
They had only one record of a state-threatened species within one
mile of the site, and that was a Blanding turtle. He felt that
this site was not a suitable place for this turtle, as it does not
provide any nesting habitat. He stated that only a small amount
of wildlife was observed during the field review.
Ms. Dacy stated that the legal and environmental issues have been
addressed, and she recommended the plat be referred back to the
Planning Commission.
� Councilman Schneider stated that one of the issues raised by the
public was i£ the proposed development would damage Innsbruck
Nature Center.
Mr. Peterson stated that the two sites are part of one ecological
unit separated by an open roadway. He stated that the degree in
which they operate as a unit is difficult to state, as certain
wildlife species will use the same sites and, there is a tendency
for plants to spread from one site to the other. He stated that
he did not see where development of the Totino-Grace site would
negatively affect the animal or plant species.
Councilman Schneider stated that under the Minnesota Environmental
Riqhts Act, an individual could brittg a civil action to protect
land or water resources, and if this development proceeds, who
would the person or persons take action against.
Mr. Herrick, Assistant City Attorney, stated that action would be
brought against the owner and the property itself.
Councilman Schneider asked if the Trust for Public Lands has begun
the review process.
Ms. Dacy stated it is her understanding that formal action by the
� Trust has not begun. She stated that they have not committed any
funds at this time.
FRIDLEY CITY COUNCIL MEETING OF JULY 25. 1994 PAGE 7
� Councilwoman Jorgenson asked how many votes would be required for
the City to purchase this property.
Mr. Herrick stated that since it is a non-budgeted item, it would
require a four-fifths vote of the Council.
Councilwoman Jorgenson asked if the Council was willing to consider
the purchase of this property, what is process to be undertaken,
and what commissions would be involved.
Ms. Dacy stated that she is not aware of any specific process, but
it would not be unusual for Council to re£er this issue ta their
advisory commissions for input.
Mr. Haluska, 5660 Arthur Street, stated that he sent a letter to
the Council. He said that Friends of Innsbruck Park stand by their
original position that the sites are ecologically linked. He
stated that he is certain the analysis of the vegetation is
thorough, but he felt the survey of the animal life was super-
ficial. He stated that the two sites are dependent on each other
to sustain any habitat for migrating species. He stated that the
fact that most of the yards that ad7oin the proposed development
site are also wooded and contribute to the Totino-Grace woods site
was ignored.
� Mr. Haluska stated that Friends of Innsbruck Park does not intend
to take any steps towards litigation with the City. He stated that
they want to see that the process proceeds in the proper manner.
He also said that he appreciated everyone's efforts and concerns.
Mr. Haluska felt that the question on how many sites in the City
are similar, and if they have been ranked has not been addressed.
He stated that he did not kttow what steps would be taken in regard
to the Environmental Rights Act. He stated that Friends of
Innsbruck Park stand by their original position, and this site
needs to be preserved. He stated that Trust for Public Lands
serves as a financinq vehicle, but they buy property outright. He
felt that this would not proceed unless the City shows some serious
interest.
Councilwoman Jorgenson stated that no decision has been made to
acquire the property.
Mr. Haluska stated that he understands, but he felt there were
outside funding sources available.
Ms. Dacy stated that it is staff's intention to fznd out as much
information as possible so that this can be presented to the
Council.
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FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 8
� Councilman Schneider asked if Friends of Innsbruck Park would be
willing to share in the cost for acquisition since it would be more
beneficial to those residents of the immediate area.
Mr. Haluska stated that he would certainly be willing to share in
the cost, but perhaps there may be others that would not. He
pointed out that all Friends of Innsbruck Park are not residents
of Fridley.
Mr. Haluska stated that as far as the environmental review, he felt
it was only done in part as the ecology of the site is not only
composed of plants.
Councilman Schneider stated that staff is reCOmmending this issue
be referred back to the Planing Commission before any final action.
He stated that he did not believe every piece of property should
be built on, but there is also the issue of funding. He could not
support spending $250,000 to $30o,OQ0 in City funds to purchase
this property. He stated that there may be o�her funding which he
could possibly support.
Mr. Haluska stated that the City should not be expected to "foot"
the bill.
� Councilman Schneider stated that the City cannot hold the developer
up forever. He stated that staff could continue to work on any
other potential funding, and Mr. Haluska probably could work with
Friends of Innsbruck Park to determine if they would be willing to
contribute.
MOTION by Councilman Schneider to refer this Plat, P.S. #94-05, to
the Planning Commission and Parks and Recreation Commission to
continue their review and to make Mr. Peterson, the Environmental
Consultant, available to the Commissions, as necessary. Seconded
by Councilwoman Jorgenson.
Councilman Billings stated that he is not sure what direction the
Council is trying to establish. He stated that he is hearing
Councilmembers putting forth City money and perhaps match it with
surrounding property owners. He stated that the consultant has
stated that there is wildlife, trees, and other growing plants on
this site. He statad that he felt every piece of property in the
City and the County has these same characteristics. He stated that
if, in fact, this Council is thinking of a policy direction that
would provide funding meohanisms for a match to purchase every
piece of property in the City that is currently underdeveloped,
this is something that needs tremendous amount of discussion_ He
stated that barring any policy statement, he would say any action
Council is taking is arbitrary, capricious, and open for litigation
� from the developer. He felt that the City would have to provide
the same type of inechanism for al1 adjacent property owners around
all vacant property in the City.
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FRIDLEY CITY COUNCIL MEETING OF 7ULY 25, 1994 PAGE 9
Councilman Billings stated that there are 24 acres of park land
immediately adjacent to this site which has the same character-
istics. He stated that if, in fact, as Mr. Haluska has suggested,
the City was to rank the open spaces, it would be found that there
axe a number of open spaces that do not have a 24 acre park across
the street, and this would be lower on his priorities.
Councilwoman Schneider stated that he would agree with most of
Councilman Billings� statements. He stated that the question is
whether the adjacent property owners are willing to contribute, but
this does not mean the Council can arbitrarily decide to contri-
bute, but to consider if there is some possibility to acquire the
land with a minimal contribution by the City. He felt that an
argument can be made that there are some unique aspects to this
property. He stated that he did not want to delay the plat
process, but he felt the City could obtain figures, within the next
month, in regard to funding in order to take action on the plat.
Ae felt that the differentiation in this case is the willingness
of residents to do something to preserve the area.
Mayor Nee stated it is hoped that Council did not give any false
assurances that the City would participate in any costs to acquire
the property. He felt that if there was that possibility, he would
expect there would have to be a special assessment district. He
stated that he tends to agree with Councilman Hillings' statements.
Councilwoman Jorgenson stated that the cost is astronomical to
acquire this property for park purposes. She stated that she is
concerned about even considering acquisition of the property, and
she did not think it is something that Council could take lightly,
Councilwoman Bolkcom stated that she is in aqreement with most of
Councilman Billings' remarks.
Mr. Dave Sellergren, attorney for the applicant, stated that he
concurs with staff recommendations and the City Attorney's report.
He stated that he believes that the plat meets all the require-
ments, and he wishes to proceed wi�h the process that is normally
followed for the plat.
UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to receive a letter dated July 20,
1994 from Mr. Sohn Haluska, 5660 Arthur Street. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 10
� 3. RECEIVE AN ITEM FROM THE APPEALS COMMI5SION MEETING OF JUNE 7,
1994 (TABLED SULY 11, 1994):
A. VARIANCE REOUEST, VAR #94-06, BY KIM MILLER OF MILLER FUNERAL
HOME, TO INCREASE THE AMOUNT OF FREE-STANDING SIGNAGE FROM
80 SOUARE FEET TO 88 SQUARE FEET TO ALLOW THE CONSTRUCTION OF
A FREE-STANDING SIGN, GENERALLY LOCATED AT 6210 HIGHWAY 65
N.E.:
Mayor Nee removed this item from the table.
Ms. Dacy, Community Development Airector, stated that this item was
tabled at the last Council meeting so the petitioner could investi-
gate an alternative sign. She stated that the petitioner has sub-
mitted a plan for an eight square foot sign to be located along
West Moore Lake Drive. She stated that this would reduce the
original variance request from 98 square feet to 88 square feet.
The sign on Highway 65 is SO square feet, and this proposed sign
is S square feet. She stated that this eight square foot sign
equals the dimension o£ two, four square foot directional signs,
which is permitted by the Sign Code.
MOTION by Councllman Schneider to grant Varlance Request,
VAR #94-06, to increase the amount of free-standing signage from
� 80 square Peet to 88 square feet (includes sign on Highway 65 and
the Funeral Home Parking sign on West Moore Lake Drive). Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
NEW BUSINESS:
4. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 AND
SECTION 4.04 OF THE FRIDLEY CITY CHARTER:
Mr. Hunt, Assistant to the City Manager, stated that the public
hearing has been held on this proposed ordinance amendment, and the
first reading of the ordinance would be in order.
Mr. Hunt stated that the Charter Commission has been reviewing this
proposed amendment for almost four years, and it is a complete
clean-up of this chapter. He stated that the ma�or portions refer
to election of councilmembers and also provide for restoration of
the council in the event the membership of the council is reduced
to two or less. He stated that the amendment provides for a
special election to fill a vacancy and clarifies the Mayor's duties
in line with the Council-Manager plan of government.
MOTION by Councilwoman Sorgenson to waive the readinq and approve
the ordinance on first readzng. Seconded by Councilman Schneider,
� Councilman Schneider stated that he sti11 questions the language
covering a vacancy that occurs in the years one through three of
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FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 11
a term. He stated that it is not clear if this is what the sectzon
refers to, and the Charter Commission at some future date should
probably review it.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
5. RECEIVE THE MINUTES OF THE PI,ANNING COMMISSION MEETING OF
JULY 13, 1994�
A. RESOLUTION N0. 57-1994 APPROVING A SUBDIVISION. LOT SPLIT,
L.S. #94-02, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS
GENERALLY LOCATED AT 48TH AVENUE AND MAIN STREET (BY MURPHY
WAREHOUSE COMPANYI:
Ms. Dacy, Community Development Director, stated that this is a
request for a lot split generally located at 48th Avenue and Main
Street. She stated that the property is vacant and is zoned M-2,
heavy industrial. She stated that the size of the parcel is 19.72
acres. The petitioner is proposinq to splrt the property into two
parcels, one being 15.5 acres and the other 4.22 acres. She stated
that the petitioner is proposing to construct a 265,482 square foot
warehouse. She stated that both lots exceed the minimum lot area
requirement.
Ms. Dacy stated that Loading docks will be located on the north and
south sides o£ the �uilding with entry drives on these ends of the
building. Ms. Dacy stated that there are three ponds on the north,
east, and south side of the property which will drain to the
County's storm sewer system in Main Street. She stated that a
bikeway/walkway easement will be required as part of this lot
split. She stated that because of the size of this building, the
petitioner is required to plant 265 trees. She stated that the
ordinance provides for overall reduction if substantially larger
trees are planted.
Ms. Dacy stated that the Planning Commission recommended approval
of the lot split with six stipulations.
Councilwoman Solkcom stated that it is her understanding that the
company anticipates about thirty trucks per day at their facility.
She stated that as far as parking, there is space for an additional
106 spaces.
Ms. Dacy stated that they are currently providing on-site parking
for all their employees, but they have room to expand their parking
as needed.
Ms. Foster, Director of Real Estate Development of Opus, introduced
� Mr. Richard Murphy, Jr., the petitioner. Ms. Foster stated that
they are in agreement with the stipulations of the Planning
Commission. She stated that after a further review of the
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FRIDLEY CITY COUNCTL MEETING OF SULY 25, 1994 PAGE 12
landscaping requirements, they are prepared to work with staff
through a combination of an increase in size of the landscaping
materials, additional materials to meet the requirements of the
ordinance, but not to request a variance.
Mr. Murphy, Jr. stated that he looks forward to becoming a member
of the community on a more permanent basis.
Mayor Nee asked Mr. Murphy if he felt that thirty trucks per day
was realistic.
Mr. Murphy stated that it is a fair assessment at this time.
Councilman Billings asked where the bikeway/walkway easement was
addressed.
Ms. Dacy stated that this is covered in Scott Erickson's letter of
July 13.
Councilman Billings asked the location of the drainage easement.
Ms. ➢acy stated that the easement is along the entire east side of
the property and is 67 feet wide.
Councilwoman Bolkcom stated that she was glad that the petitioner
can comply with the landscaping requirements.
MOTION by Councilwoman Bolkcom to adopt Resolutlon No. 57-1994,
with the following stipulations attached as Exhibit A: (1) the
petitioner shall dedicate a 67 foot drainage and utility easement
alonq the east property line; (2) an access easement shall be
recorded over the spur line on the vacant parcel; (3) the owner
shall notify the Community Development Department if use of the
building changes from a warehouse to a manufacturing facility
causing the need for additional parking; (4) the petitioner shall
pay a park dedication fee of $15,529.14 at the time of building
permit issuance; (5) the petitioner shall submit a revised plan in
compliance with the landscape ordinance requirements prior to
issuance of a building permit, or obtain a variance; and (6) the
petitioner shall comply with the requirements in Scott Erickson's
letter dated Jnly 13, 1994. 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 July 13, 1994. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 13
� 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
JUNE 29, 1994:
A. RESOLUTION N0. 58-1994 APPROVING A SUBDIVISION, LOT SPLIT,
L.S. #94-01, TO SPLIT PROPERTY INTO TWO SEPARATE LOTS,
GENERALLY LOCATED AT 5400 FOURTH STREET N.E. {BY CHARLES
WESTLINGI•
Councilman Billings asked that Council consider the next item which
is a variance for this property before considering the lot split.
MOTION by Councilman Billings to table this item until the variance
request, VAR #94-1D, is considered. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
7. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
JULY 12, 1994:
A. VARTANCE REQUEST, VAR #94-1D, BY CHARLES WESTLING, TO REDUCE
THE FRONT YARD SETBACK FROM 35 FEET TO 5 FEET TO ALLOW THE
CONSTRUCTION OF A FIVE CAR GARAGE, AND FROM 35 FEET TO 18 FEET
FOR CONSTRUCTION OF A FOUR-PLEX, GENERALLY LOCATED AT 5400
FOURTH STREET N.E.a
� Ms. Dacy, Community Development Director, stated that this is a
request for two variances. She stated that the petitioner is
proposing to split this parcel into two lots. She stated that the
lot is "double-fronted;" two property lines abut public rights-of-
way. She stated that the "rear" property line diagonally abuts
I-694.
Ms. Dacy stated that the Appeals Comm�ssion recommended approval
of this variance with two stipulations, which she outlined.
Councilman Billings stated that the Appeals Commission noted that
there are five garages for the four-plex with one of the garages
to be used for a shop. He stated that he does not have a problem
with it being used for a shop as long as it is understood that it
is a home workshop and not intended to be used for commercial
purposes other than those purposes related to the four-plex.
Ms. Dacy stated that the petitioner stated that the garaqe was for
his home hobby, and he intended to live in the four-plex. She
stated that it was conveyed to him that this garage would be for
his personal use, and other permits would be needed if he intended
to use this for a home occupation.
Mr. Westling, the petitioner, stated that he currently resides at
� 125 76th Way, and now has a shop behind his garage. He stated that
he makes woodworking items, and this garage would be exactly like
the other except it would be insulated.
FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 14
�Councilman Billings stated that from his calculations, it would
_ appear that a variance to four feet is needed.
Ms. Dacy stated that ii only one additional foot is involved, she
did not think changing this to four feet would be contrary to the
Appeals Commission's decision.
MOTION by Councilman Billings to grant Variance Request,
VAR #94-1�, to reduce the front yard set6ack from 35 feet to 5 feet
to allow the construction of a five car garage, and from 35 Peet
to 18 feet, for construction of a four-plex, with the following
stipulations: (1) Lot Split Request, L.S. #94-01, shall be
approved; and (2) the petitioner shall provide a hard surface
driveway by June 1, 1995. Seconded by Councilman Schneider.
MOTION by Cauncilman Billings to amend Variance Request,
VAR #94-10, by changing the wording to read: "�o reduce the front
yard setback from 35 feet to 4 feet for accessory buildings, and
from 35 feet to 18 feet for dwelling structures along the westerly
line to allow for the construction o£ a four-plex and a five car
garage. Seconded by Councilwoman Bolkcom. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Billings to add an additional stipulation to
� Variance Request, VAR #94-10, as follows: (3) any accessory
buildings on the property are to be used for traditional residen-
tial uses and, if one is used for a shop, that it is used for the
maintenance of the four-plex, a hobby, and other miscellaneous
purposes, but not to be construed to be used for a home occupation.
Seconded by Councilwoman Bolkcom. 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.
G. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
JUNE 29, 1994:
A. RESOLUTION NO. 58-1994 APPROVING A SUBDIVISION, LOT SPLIT L.S.
#94-01. TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY
LOCATED AT 5400 FOURTH STREET N.E. (BY CHARLES WESTLINGI:
Mayor Nee removed this item from the table.
Ms. ➢acy, Community Development Director, stated that this is a
request for a lot split to split a triangular parcel located at the
intersection of 54th Avenue and Fourth Street into two parcels,
She stated that the Planning Commission recommended approval with
five stipulations.
' Ms. Dacy stated that there was an issue regarding parking along
Fourth Street brought up at the Appeals Commission meetinq. She
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FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 15
stated that at this meeting, the public was advised that if "no
parking" signs are to be installed, this would be a separate action
by Council. 5he stated that adequate parking is proposed on site
for this four-plex.
MOTION by Councilman Billings to adopt Resolution No. 58-1994, with
the following stipulations attached as Exhibit A: (1) Variance
Request, VAR #94-10, shall be approved; (2) the petitioner shall
replace the existing curb cut when a new curb cut is installed; (3)
SAC fees shall be paid at the time of building permit issuance; (4}
the petitioner shall submit a grading and drainage plan prior to
the issuance of a building permit; and (5) a park fee of $750.00
shall be paid at the issuance of a building permit. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
8. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
JUNE 29, 1994•
A. APPROVE CDBG FUNDING RECOMMENDATION FROM THE HUMAN RESOURCES
COMMISSION•
AND
RESOLUTION NO. 59-1994 AUTHORIZING AGREEMENTS SETWEEN THE CITY
OF FRIDLEY AND RECIPIENTS OF 1994-1995 FEDERAL COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS:
Mr. Barg, Code Enforcement Officer, stated that the City received
eleven applications for CDBG funds. He stated that the Human
Resources Commission has submitted a recommendation on the use of
the $25,000 of funding the City will receive.
Ms. Terrie Mau, Vice-Chair of the Human Resources Commission,
reviewed those organizations recommended for funding. She stated
that Alexandra House served 111 people in the Fridley area last
year. She stated that Tamarisk Resources works with people at home
who have a terminal illness rather than having them in hospital
care. She stated that the Central Center for Family Resources is
expanding their adolescent groups, and their charges are based on
a person's ability to pay for services. Ms. Mau stated that North-
west Suburban Kinship has volunteers that work with individual
children similar to the Big Brothers organization. She stated that
the Recreation Department's funding is for scholarships for
children participating in the after school recreational programs.
She stated that St. Philip's is offering an after school program
for children. She stated that the Community Emergency Assistance
Program served 906 families from Fridley. The CHAP store is
staffed by volunteers, and served 93 familzes in Fridley last year.
Councilwoman Jorgenson asked about the allocation to the City's
Recreation Department for scholarships.
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FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 16
Mr. Kirk, Director of Recreatiion and Natural Resources, stated that
the funds would be used for middle age youth to participate in the
after school programs. He stated that in order for them to be
eligible, they would have to meet income guidelines. He stated
that these funds are not only used for activities through the City
but for activities through the schools and in neighboring communi-
ties if someone wishes to participate.
Councilwoman Jorgenson asked whether the City provided scholarships
for the recreational programs and whether $5,OOD was needed.
Mr. Kirk stated that the City does ad�ust the fees and waives
certain fees for selected activities. He stated that there was a
pilot program this year in which $1,000 was spent very quickly.
He felt that there are a lot of students that can use the scholar-
ships once they find out that this funding is available.
Councilwoman Jorgenson asked if the Recreation Department was
working wrth Kevin Thomas, Youth Outreach Worker, on this program.
Mr. Kirk stated that they are working closely with Kevin and the
middle school youth. He expects that Mr. Thomas will be a good
resource and a good promoter for use of these funds.
MOTI�N by Councilman Schneider to concur with Human Resources
Commission recommendation for CDBG funding, as presented, and to
adopt Resolution No. 59-1994. Seconded by Councilwoman Bolkcom.
Ms. Kathy Sanders, representing ARC, stated that their organization
assists children with disabilities to enable them to attend camp.
She stated that it is difficult to obtain funding, and persons have
had to be turned away. She stated that seven persons in Fridley
received assistance this year, and the cost for camp is about $350
to $400 for a week.
Mr. Barg stated that because ARC did not receive any funding, it
is not a reflection on their organization, but it came down to the
number of people they serve.
Ms. Mau stated that in determining who receives funding, one of the
guidelines is the issue of which organizations serve the mast
people.
Ms. Gretchen Hansen, Tamarisk Resources, thanked Council for the
funding. She stated that their organization is very proud of their
accomplishments in the City. Without the funding they could not
have trained the 35 volunteers. She stated that their volunteers
go into the homes and help those in the community who are dealing
with a terminal illness. She stated that their original goal was
to establish a residential facility, but funds were not available.
She stated that they do not charqe for their services, and they
helped over one hundred people last year.
FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 17
' UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
Councilman Schneider stated that he has a problem with the City
applying £or these funds, because he Pelt the City is unfairly
competinq with the other programs.
Councilman Billings stated that he would like to thank the Human
Resources Commission for all their work. He stated that this is
a difficult task and very hard decisions when all these requests
are received for funding. He felt that almost all the requests are
deserving, but there �ust are not enough funds. He stated that he
respects the work of the Human Resources Commission in reaching
their decisions.
9. APPROVE LEASE AGREEMENT SETWEEN THE CITY OF FRIDLEY AND
INDEPENDENT SCHOOL DISTRICT NO. 19 ("A° FRAME BUILDING, NORTH
INNSBRUCK PARK):
Mr. Pribyl, Finance Director, stated that this is for renewal of
the lease agreement for the "A" frame building at North Innsbruck
Park. He stated that the lease would run from September 1, 1994
through May 31, 1995.
� MoTION by Councilman Schneider to approve the lease agreement from
September 1, 1994 through May 31, 1995 and authorize the Mayor to
execute this agreement. Seconded by Councilwoman Bolkcom.
Councilwoman Jorgenson felt that the Police Department should be
aware of some of the activities that take place at this site.
Councilman Schneider felt that the City should look at the cost for
maintaining the building, and if the City should keep this
structure.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTIOPd, all voted aye, and
Mayor Nee declared the motion carried unanimously.
10. RESOLUTION NO. 60-1994 AUTHORTZING CHANGES IN APPROPRIATIONS
FOft THE GENERAL FUND. CABLE T.V. FUND, GRANT MANAGEMENT FUND,
HRA REIMBURSEMENT FUND, DRUG AND GAMSLING FORFEITURE FUND, HRA
HOUSING FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR
1993:
Mr Pribyl, Finance Director, stated that this resolution amends
appropriations to the 1993 budget. He stated that these
ad�ustments have arisen as a result of donations, unforeseen
expenditures, auditor ad7ustments, and items budgeted in the
incorrect categories.
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FRIDLEY CITY COUNCIL MEETING OF JULY 25 1994 PAGE 18
MOTION by Councilwoman Jorgenson to adopt Resolution No. 60-1994.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
11. RESOLUTION NO. G1-1994 ESTABLISHING A SOLID WASTE ABATEMENT
FUND•
Mr. Pribyl, Finance Director, stated that this is a housecleaning
item. He stated that in 1991, a special revenue fund was created
for the recycling program. He stated that under Minnesota Statute
Section 115A.92g as amended in 1993, the City must account for all
revenues collected for waste management fees separately from other
revenue collected by the City.
MOTION by Councilman Schneider to adopt Resolution No. 61-1994.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. RECEIVE AND REJECT BIDS ON PERSONAL COMPUTERS FOR THE CITY OF
FRIDLEY:
MOTION by Councilman Schneider to receive the following bids for
personal computers:
Bidder
Ameridata
PC Solutions
PC Tailors
Total Bid
$73,511.00
$57,788.00
$37,954.00
Further, to re�ect all bids and authorize re-advertising for bids.
Seconded by Councilman Billings.
Mr. Pribyl, Finance Director, stated that the Information Systems
Committee has been meeting, assembling a five-year computer plan,
and compiling specifications for replacing the outdated personal
computers. He stated that twelve bid specifications were mailed,
and only three bids were received. He stated that two companies
bid equipment that was less than specified, and another company bid
superior equipment and was over the budgeted amount for personal
computer replacement. He stated that the Information Systems
Committee staff is recommending that the bids be re�ected and that
the City re-advertise for these personal computers.
Councilman Schneider stated that he received a copy of the bid
specifications, and it is about thirty pages in length. He stated
that he has to believe that many vendors did not bid based on the
complexity of the specifications. He felt that the bid
specifications should be simplified.
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FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1999 PAGE 19
Mr. Pribyl stated that the maintenance agreements are very loose,
and some of the response times were grossly inadequate.
Councilman Billings stated that he would assume one of the goals
is to get computers that are the same so a person could use any
computer that is available.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
13. RECEIVE BIDS AND AWARD CONTRACT FOR STINSON BOULEVARD STREET
IMPROVEMENT PROJECT NO. ST. 1993-7:
MOTION by Councilman Billinqs to receive the following bids for
Street Improvement Project No. ST. 1993-7:
Bidder
W.B. Miller, Inc.
6701 Norris Lake Rd. NW
Elk River, MN 55330
Northwest Asphalt
1451 County Road 18
Shakopee, MN 55379
FM Frattalove
3066 Spruce St.
St. Paul, MN 55117
Midwest Asphalt Corp.
6350 Industrial Drive
Eden Prairie, MN 55346
Master Asphalt
10939 89th Ave. N.
Maple Grove, MN 55369
Hardrives, Inc.
9724 lOth Ave N.
Plymouth, MN 55441
C.S. McCrossan
Box 1240
Maple Grove, MN 55311
Total Bid
$23G,594.05
$274,209.77
$279,285.95
$289,169.55
$295,754.34
$304,819.70
$334,905.45
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Flora, Public Works Director, stated that the low bidder was
W.&. Miller, Inc., and it is recommended that the bid be awarded
to them in the amount of $236,594.05.
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FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 2D
MOTION by Councilman Schneider to award the contract for 5tinson
Boulevard Street Improvement Pro�ect No. ST, 1993-7 to the low
bidder, W.B. Mlller, Inc. in the amount of $236,594.05. Seconded
by Councilman Billings. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
14. APPROVE CHANGE ORDER NOS. 3 AND 4 FOR TCAAP INTERCONNECTION
PIPE LINE PROJECT NO. 248:
Mr. Flora, Public Wozks Director, stated that these change orders
are for milling, patching the streets, and re-striping Gardena
Avenue.
MOTION by Councilman Schneider to authorize Change Order Nos. 3
and 4 for the TCAAP Interconnect P1pe Line Project No. 248 with
Kenko, Inc. in the amount of $5,000 for Change Order No. 3 and for
$5,805 for Change Order No. 4. Seconded by Councilman Billings.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
15. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
� 16. APPOINTMENT: CITY EMPLOYEE:
Mr. Surns, City Manager, stated that he wished to recommend Kelvin
odenthal for appointment as a Mechanic at the City garage. He
stated that Mr. Odenthal is certified in diesel and truck and
trailer mechanics. He also reviewed Mr. Odenthal's previous work
history as a shop supervisor and a shop field mechanic.
MoTION by Councilman Schneider to concur with the
appointment by the City Manager:
Name Positlon
Kelvin Mechanic
Odenthal Level A
Non-Exempt
Starting
Salarv
$14.16
per hour
Starting
Date
Aug. 1,
1994
following
Replaces
Ronald
Mortenson
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
17. CLAIMS:
MOTION by Councalman Schneider to authorize payment of Claim Nos.
� 56636 through 56881. Seconded by Councilwoman Sorqenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 21
18. LICEN5E5•
MOTION by Councilwoman Jorgenson to approve the license as sub-
mitted and as on file in the License Clerk's Office. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
19. ESTIMATES-
MOTION by Councilman Schneider to approve the estimates as
submitted:
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55433
Statement for Services Rendered
as City Attorney for the Month
of June, 1994. . . . . . . . .
NewMech Companies, Inc.
1633 Eustis Street
St. Paul, MN 55108
Locke Park Water Filter Plan
Pro]ect No. 240
Estimate No. 7 . . . . . . .
Automatic Systems Co., Inc.
P.O. Box 120359
St. Paul, MN 55112
Supervisory Control & Data Acquisition
System (TCAAP)
Project No. 259
Payment No. 4 . . . . . . . . . . . . .
$ 4,793.22
. $24,367.50
$ 8,490.15
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
20. SET SPECIAL COUNCIL MEETING FOR NOVEMBER 14, 1994 TO RECEIVE
THE CANVASS FROM THE ELECTION:
Mayor Nee stated that Council will not have a regularly scheduled
Council meeting within the seven days required for receiving the
canvass of the election and asked that the November 14, 1994
Council conference meeting be scheduled as a special Council
meeting.
MOTION by Councilman Schneider to schedule the November 14, 1994
meeting as a Special Council Meeting and give the appropriate