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04/20/1987 - 00011214� � ' ��";`- 7�IE MINITPES OF TAE R�GULAR MEE'PIiQ; OF THE FRIDLEY CITY QOUNCIL OF APRIL 20 �i 4he Regular Meeting of the Friclle� City Cotmcil was called to order at 8:55 p,m. 1� Mayor Nee, after the meeting of the Board of Review. PLEDGE OF ALLDGIANCE• I�yor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ImLL CALL • MEMBIIZS PRFSINT: Mayor Nee, Coimcilman Goods�eed, (btmcilman FYtzFatrick, Coimcilman Schreider and Coi.mcilwanan Jorgenson MENBIILS ABSIIdT: Norie u • �i� I • f t�hyor Nee issued a proclanation proclaiming the week of April 26 through Nhy 2, 1987 as Handicapped Awarer�ess Week. Mr. Ibug Hill acoepted this proclamation and stated the issuance of this proclamation has helped all handicapped persons. He stated the City"s 000peration and assistance has kaeen deeply appreciated in incressing public awareness of the caxabilities and accomplishments of the handicapped, APPIdOVAL OF MINVPES: �� i NDTI�N by Councilman Schneider to approve the minutes as presented. Semnded !x Coimcilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOP'�ION OF AGEAIDA: I�DTTON Yr� Coimcilman Schneider to acbpt the agenda as submitted. Seconded tr� Go�cilman EYtzFatrick. U�n a voice vote, all voting aye, Mayor Nee declared the motion carried Lmanimously. OPEN FORUM. VISITORS: SPRING IAKE PARK HIGH SCFIOOL'S ALIrNlGHT GRADIIATION PAFfPY: Ms. Ibnna C�rlson, 9504 Ryler Street, representing Spring Lake Park High School's Graduation Party Committee, appeared before the Coimcil reyarding a donation for this event. Ms. (�rlson stated an all-night Farty is planned -1- V ��)�£��') , COUNCIL MEEPII� OF APRIL 20, ]987 for the graduating Seniors of Spring Lake Park High School and the City Cotmcils of Blaine, Spring Lake Park and Fridley are being approached to mntribute. She stated both Blaine and Spring Lake Park have each appropriated $300. Ms. (�rlson stated stucl�rits living in Fridle� do attenc3 Spring Lake Park Hi� Scktool and is the reason wYr3 Fcidle� is 6eing asked to �rticiFate. Mr. Qureshi, City N�nager, stated staff has rEViewed this request and it was the feeling it may be more appro�iate for individual. manbers to contribute rather than the City to wntribute to this activity. Mayor Nee stated Fridley has four school districts and they could not mntribute to one and not the other. He stated all these districts have pro�ects and the issue raised tx staff is where is the stopping point. Coimcilman Schneider felt it was a good idea, but has two concerns in that the City cbes have four school districts so all would have to be treated equally and the other concern is the City has a process wheret� requests for fundinq are subanitted to the Human Resources Commission for their xecommendation. He stated he would like tY�ese xequests to go through the �me process. � N�yor Nee stated he would have a problen because the Coimcil has turned cbwn similaz requests and felt the process to review these requests should be upheld. Coimcilman Gooclspeed stated he did not feel it would be fair to contribute to this ever�t when evetyone else has to go throuc� the review prooess. 1�DTION IX Coimcilman Schneider to refer this iten to staff to determine the other school di.stricts' plans in rec�rd to all-night parties and how they are funding these events for a report on May 4, 1987. Seconded by Councilwoman ,7orgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, �"iY:�l 4T�� UY ��1/ �•W �1 Y Mr. Earl Kellar, 570 57th Avenue, stated he has been shoveling sand out of his �ool which has blaan there fran the Lake Pointe Developnent site. He stated he plans to bring civil action against the contractor and stated there should be some way the City can water to keep the sand £rom blowing. Mr. ICeller stated he has a winter aover for his pool and there was so much sand on top that it stmk and is lying on the bottan of the pool. He stated everyone four blocks north of this site has a�xoblen with the �xnd, Mr, Flora. Public Works Director, stated the contractor began today to regrade the street so the berms can be constructed which separate the � residential properties to the mrth. He stated as soon as the berms are mnstructed, they would be oovered with black dirt which wi11 help keep cbwn the blaaing sand. He stated sod and trees will then be installed and this should all take plaoe in six to eight weeks. He stated in the meantime, the developer is attempting to water the boulevard between the developnent and -2- � � � 'af��l�'r,, •• �,,� �� residential area. Mr. Kirk Herman, 610 57th Avenue, stated on Easter Sunday, with the high winds, he mulc�'t be inside or outsif� his hame because of the problen with the sand. He stated he felt this is also a he3lth hazard. He stated when this project began a year ago, they were promised it would be leveled, sodded, and seeded by April of this year. Mr. Herman stated Eneback Construction came out and watered c7own the road i.wioe, kaut it dic�' t do any cpod. He felt someone has to do something for the sifety and well-being of the people in the ar�. Mr. Herman stated it isn't only the pools where the sand is a problen, but it is inside their homes as well. He felt if the ar� of this site between the residenoes was watered it would help. Mr. Flora stated the pro�ect wi11 be aompleted in August of this year and the majority of the work should be done in June or July, with some major imptwenent in May. Mr. Kellar asked if there wuld be sane kind of watering progr�n. N�yor Nee asked if the City has the caFabilities to sprinkle when there is a problen with the wind. Mr. Flora stated the City did not have the equignent to acwmglish this task, haaever, it may be possi6le for the City or HRA to procure such s�ui.pnent. He stated this is a large area and in order to try and reduce the amotmt of blaaing sand, the top of the motmds of sand need to be watered quite extensively to form a crust. He stated what is oontributing to the problen is the fact that the area has been dry since last Novanber. Mr. Herman stated he would like to see a schedule when this work will be oompleted. Mr. F'lora stated as soon as the City receives this sdiedule, it o�uld be forwarded to the resici�nts. Mr. Fred Rushin, 620 57th Avenue, stated a plastic tarrier was torn out by the oontractor and questioned why it was renaved. Mr. Flora stated it was renwed so the berm muld be constructed anc3 it will then 6e re-installed. Mr. Flora stated the oontractor is re�uired to attempt to aontrol the sand, haaever, he cbes not have the resources to control the entire site. He stated load limits were raised a week aga and the contractor is making an effort to aomplete his work on the site and is focusing his attention on the buffer strip. Mr. Kellar stated 90� of the contractors worked most of the winter and di2h't feel this wntractor was making that much of an effort to get the work oompleted. Mr. Flora stated the wntractor's equi�.ment in March and April was isolated due to load limits. Mr. Rellar stated there are 10 ton roacls fran Northfield so the contractor wuld get permits and felt this is not a valid excuse. Mr. Flora stated the l�d limits apglied to the site on which the equipnent was located. Nhyor Nee stated the City will make every effort to assure that this project receives the utmost priority from the contractor so the work can be -3- OQ��9 � COUNCIL MEETII� OF APRIL 20. 1987 wmpleted and the prohlens for the residents resolved !-7�'��+ ty`t��y� 2. CONSIDERATION OF A VACATION RDC)UEST, V#87-02, � VACATE THE NORTHERLY 1 FOdf OF TfIE EASPERLY 30 FEET OF THE 5 FOOT DRAINAGE AND UTILITY EASEMENT IACATID ON Tf� SOITPf3ERLY 5 FEET OF IAT 16 . BLOCK 10 , DONNFLY' S LAREVIEW MAAAR ADDITION, TIIE Si1N1E BEING 550 57TH A�IE�IpE N.E.. BY JACK CHP.MBERS: NI�TION IH Coimcilman Gooc�peed to waive the reading of the public hearing notice and open the public hearing. Se�nded ]x Co�mcilman Schneic�r. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:40 p.m Mr. Id�bertson, Co�mmity Developnent Director, stated this petition is to vacste the northerly one foot of the easterly 30 feet of a utility easement located on the rear of the property at 550 57th Avenue. He stated there is an e�sisting c�rage that has a slight overhang into this easement and the property aar�er wishes to avoid ariy problens with the cleed. Mr. Robertson stated the utility oom�anies have no objection to this vacation request. Ms, Judy Harald, 560 57th Avenue, stated she has no problem with the ' vacation, Uut is mncerned about the dinnping of oil arotmd the cprage a[ea. She stated she would like to ra3uest a thorouc� cleanup of this spillage. Nfayor Nee stated it is ac�inst the law to dwnp oil �.n the ground and would have the City Inspector check on it. Ms. Harald stated the property aaner is Soott Ftierstenberg. No other persons in the audienoe spoke rec}�rding this proposed vacation. bDTION lx Crnmcilman Goodspeed to close the public hearing. Seoonded by Councilwmnan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried unanimously ancl the public hearing closed at 9:48 p. m. 3. CONSIDERP,TION OF A REZONII� RDOUEST, Z011 #87-02. TO REZONE FROM I: 3, GENERAL MOLTIPLE DWELLING. TO I.L1. ONE FAMILY DWELLING. GENERALLY LOCATED AT 441 HOGO STREET N. E. . BY MCCfC. INC. : FDTION k� Cotmcilman Fitz�trick to waive the reading of the public hearing notice and open the public hearing. Seaonded L� Cotmcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:48 p.m Mr. Rabertson, Cwrnnimity Develognent Director, stated the Cotmcil approved a lot split on Novenber 3, 1986 to allaa three single f�nily homes on this � property. He stated in order to ensure ountinued R-1 status in the future, Co�cil stipulated the cbwn zoning fran I�3 to R-1. He stated the permits have been issued, �rk fees �id, other oustanding special assessments accepted lX the developer, and required easements granted -4- ' �IL MEETING OF APRIL 20. ]987 No persons in the audience spoke regarding this proposed rezoning. 4. oo�� NDTION ty Coimcilman FitzFetrick to close the public hearing. Seconded by Cowzcilman Goodspeed [7�n a voioe vote, all voting aye, N�yor Nee declared the motion carried unanimously and the public hearing clo�d at 9:49 p.m �� •� •� v i • • «-•:•�� •y NDTION 1X Coimcilman FitzFatrick to waive the reading of the public hearing notioe and open the public hearing. Semnded b� Councilman Schneic�r. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:50 p. m Mr. Robertson, Commtmity Develognent Director, stated this proposal is to vacate the ric�t-of-way between 57th Plaoe and 57-1/2 Avenue. He stated the ric�t-of-way is 33 feet wide and one-half oP the property would go to the property to the west and one-half to the properiy to the east. He staten this vacation would elvninate the need for a side yard variance. Mr. � Rabertson stated the ric�t-of-way is not utilized and is a grassy area and does not alicg� with the 2-1/2 Street ric�t of-way to the north. He stated the Planning Commission recommended approval of this vacation with the stipulation that a utility s�sement be retained over the entire portion. Mayor Nee asked if there is any pedestrian use of this right-of-way. Mr. Robertson stated he dich't think there is significant pedestrian use. Mr. Qureshi, City Manager, stated if one half of the vacation is approved, the property would go to the west and the City would retain a utility easement for the entire 33 foot �.aroel and on the east half the pedestrians would have a legal ric�t to use this easement. Co�mcilman FitzFatrick stated he would like staff to c�texmire wkr� these two streets aren't in alic�ment. Mr. Herrick, City Attorney, stated it appears it is all �rt of City View Addition. He stated the land to the west is Block 1 and the land to the east is Block 2 and if tl�e er�t.ire ar� is vacated, one-half would go to Lot 15, Block 1 and the other half would go to Lot 1, Block 2. He stated if only the west half is vacated, then the description will have to change. Mr. F�terson, the petitioner, stated there is a lot of pedestrian traffic and a xath rimning in the other 16-1/2 feet. He stated all he needs is sFaae to oonstruct a c�rage. � N�yor Nee stated half of the easement oould be vacated and the other half kept for pedestrian traffic. Mr. Robertson stated the implication was if, in the future, there was a -5- OQ�`"' � k• � � � . � request for vacation, one half would go to the west and the other half to the a3st. No other persons in the audienoe spoke reyerding this �oposed vacation. ADTION b� O�imcilman FitzFatrick to close the public hearing. Seconded by Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:57 p.m -� • • u i � i u i • i • • �� • • •14��'4S!_ �� ••�� qi ��• •�� - ..,� a � i _ : „ I � I ' �11 • •� I • 5� J� ' D ` I I�iyl � � •' � • •.J�� • N �� I � • • _ M�TION ]s� Cotmcilman Goodspeed to waive the reading of the public hearing notice and open the public hearing. Seoonded t� Co�mcilman Sdineider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:58 p.m. Mr. Robertson, Co�ntmity Developnent Director, stated in orcler to facilitate � the HRA proposal to enlarge the Redevelopnent Pro�ect Area No. 1 and to modify Tax Increment Financing Plans for Districts No. 2 through 8, it is neoessary for the Co�mcil to acbpt this resolution. He stated the purpose - of the changes are to add margirral �operties located on or near University Avenue between 53rd Avenue and 61st Avenue; add public riqht-of-way along and ahutting the University Avenue Corridor improvan�nt pro�ect; ano to amend T.I.F. budgets to reflect improvement costs associated with the University Avenue and Mississippi Street Corricbr �o7ects. Mr. Robertson stated the map shown on g�ge 5D of the agenda book shows properties which are or may be included as p�rt of the Redevelopment District. He stated the areas shaan in solid black indicate pro7ects that muld beoome, in the future, a Fart of the Redevelopnent District. No persons in the audienoe spoke rec�arding this �oposed amendnent. NDTION b� Cotmcilman EYtz�atrick to close the public hearinq. Seconded by Cotmcilman Schreider. Upon a voioe vote, all voting aye, N�iyor Nee declared the motion carried unanimously. Coimcilman Goodspeed stated he would like to expand the Redevelopnent District to include Menard's. Mr. Qureshi, City NL�nager, stated the area can be redueed, but rot ex�nded, without proceeding throuc� the �cessary prooess to make these �anges. He � stated if the Cbtmcil desires to include this �operty, it can 6e processed for inclusion in future expansion of the Redevelopnent District. - hDTION kH Cotmcilman Gooc�peed to acbpt Resolutian No. 37-1987. Semnded k� Gouncilman Fitzpatrick, Upon a voic:e vote, all voting aye, Mayor Nee a � � ' 6. 7. d3�f�""`' . ,�. �� . . � declared the motion carried unanimously. OLD BUSINESS• CONSIDERATION OF APPOINPMENPS 'PO ENVIRONME[�7PAL OUALITY. ENE1�Y. AND HOUSING & RIDEVEIAPMEATr A[TPFIORITY COMMISSIONS: NDTION b� Coimcilman Goo�peed to nominate Gerald Welf, 1317 53rd Avenue N. E. , for appointment to the Energy Comnission for the term expiring April 1, 1988. Seoonded 1� CnLmcilman Schneic�hr. �ere k�eing no further n�minations, Nhyor Nee called for a vote on the above motion, all voted aye, and Mayor Nee declared the motion carried unanimously. NDTION by Councilman Schneider to table the other appointments to the Envirotmiental Quality, Energy, and Housing & Redevelopnent Authority Commissions. Seoonded tx Q�imcilwanan Jorgenson. Upon a voice vote, all voting aye, NRyor Nee declared the motion carried unanimously. NEW BUSINESS• [i�`l+�i� ��g�i • � • • • - — �� i� �. — ':. Mr, Flora, Public Works Director, stated the League of Women Voters and the Planninq Co�nission ao-sponsored a public meeting held on April 16, 1987 in recprd to the proposed wimer "no p�rking ban. " He stated the following issues were raised: (1) provide a�rtment complexes with some sort of excepkion policy after all other opporttmities to provic� off-street Farking are e�austed; (2) bring the ag�rtrnent complexes up to Code for parking purposes; (3) sc�edule snowplowing of ag�rtrnent areas after 8 a.m. ;(4) raise the cost of �arking violations and ta,�ing - leaving the Code alone; (5) prwide permits to aFartment clvellers to allaa on-street parking; (6) reduce the period to Novenber 15 to April 15 and allaa optional enforcement beyond that period; (7) survey the n�nnber of cars �rked on the street betraeen 2 a, m and 6 a.m; (B) Public Works or Community Service Officer personnel issue �arking tickets to augnent police force; and (9) only plow one s�.de of the street on alternate d3ys. Coimcilman FitzFatrick stated the surve� was remmmended on streets that r�ow have a lot of Ferking on then. He stated axartment daellers reoeived notioe of the April 16 meeting and some people spoke against the proposed ordi.nanoe, if it would apply to residential districts. Coimcilman Gooclspeed stated it seens every open sFace in the City bewmes an area for parking. He stated the affect of such an ordinance on the a�artrnent avarers would be for then to pra�ide adequate Farking or else give a reduction in rent to persons who only have one �erking stall. He didn't feel aFartment aaners should be exempt or treated any differently. Co�mcilman Schneider stated he would like to have the a�rtment avners prwic3e ade�uate Farking as all the residents around an a�rtment complex -7- �I � � � t�Qr3'°'.� �� t�. �� • �,__ � have a hardship imposed because of the lack of �arking. He thought perhaps serious a�nsideration should be given to ateas where land is available for purchase for additional Farking for aFartment mmple�s. He stated if there is no hope for additional Farking in oertain areas, possibly those could be ea2empt. Q�tmcilwanan Jorgenson stated in her iirnnediate neighborhood, there is land available which muld possibly Ue purchased to exFand the Farking areas for the aFartment aomglexes. Coimcilman Fitz�trick stated he agrees there is a problem with the apartment �rking, haaever, there are mariy streets in the City where vehicles are Farked on both sides of the street wermght. Mr. Billinc}s, Chaiunan of the Planning Commission, stated the invitations for the April 16 meeting were sent out to a�srtrnent dvellers, but it should be kept in mind that some of the older Farts of the City have snaller lots. He felt a survey to find out the im�act of an ordinance for the "no p3rking ban" would be in order. He felt it had to be determined how many of the resiclV�s would be act�exsely �fected i�hyor Nee felt a surve� could be �bne b� blocks and marked on a map where vehicles are Farked. NDTION 1H Coimcilman Fitz�mtrick to direct staff to make a survEy of cars �rked on the City streets. Seoonded tx Co�mcilman Gooclspeed [Tpon a voice vote, al.l voting aye, Mayor Nee c�clared the motion carried unani.mously. C�ONSIDERATION OF DI�USSION AAID FIRSP READ7NG OF AN ORDINANGE RECODIFYING Tf� FRIDLEY CITY QODE BY ADOPTIONG A NEW CHAPTER 30 ENTITLED "CHARITABLE Mr. Jim Hill, Public Safety Director, stated in Februsry, 1987, the Fridley Lions Qub requested the Council consider allaaing charitable gambling witl�in the licensed liquor establishments which is currently prohibited by City ordinances. He stated as a result of this rc-quest, staff did some research and checked with the cities of Duluth, Bloomington, and St. Paul who have implenented rigid oontrols. Mr. Hill stated in order to allav this activity in the City, �nendner�ts would be required to the liquor ordinance and a new ordinanae established. FUrtl�er, the bingo and gambling devices ordinance would have to be repealed. Mr. Hi11 stated he has discussed these �xoposed changes with the Lions Club and there are some suggestions they would like to make this evening. He stated charitable gam6ling can be highly profitable as $36,000,000 is grossed annually on a State-wide t�sis and care must he taken in this type of operation because of the possibility of crime such as theft or forgeries. Mr. Herrick, City Attorney, stated he and Mr. Hi11 pre�ared these ordinances to allow charitable cpmbling due to the request reoeived tx the Lions Club. � ��u � COUNCIL MEETING OF APRIL 20. �a� He stated he would like the reoord to shaa he isn't endorsing it, Mr. Hill stated if charitable gambling was allowed in a liquor establishment, an endorsement would be required and a fee Faid to the City. He stated the fee suggested is $300 a year. He stated the rent charged by the liquor establishment to the organization conducting the charitable c�ambling would not exceed $100 per week and cpmbling managers wmpensation shall rot exceed $50 per week. Mr. Hi11 stated the pull-tabs must return a minimun peroentage of 75� to 80� on each cbllar and it is suggested that on the ranaining 20 cents, four oents would be appropriated to the City for distribution to charitable purposes, eight cents shall be distributed to orcpnizations for City charitable purposes, and the remaining eight cents shall be used for all other lawful purpo,�s or expenses, Mr. Hill stated the proposed ordinanoe would allaa for only one pull tab operation by each orc�nization. He stated he believes the Lions Ciub would like to have this changed to two operations. He stated the City currently has 10 licensed licl�uur establishments and the Lions G1ub, as well as the Jaycees, hane eicpressed an interest in diaritable gambling. Councilman Goodspeed stated one of the reasons the Council is giving oonsideration to allaa charitable c�mbling is CDBG funds are disappearing and in the next several years, there will be no funding and charitable ' cp�nbling oould prwide the replao�nent. Mr. Gargaro, Fridle� Lions Qub, stated their organization supports those in need and performs other services that improve the quality of life. He stated some of the Lions Qub's projects include the cbnation of a bus for the Senior Citizen progr�n, sponsoring the annual scholastic achiev�nent banquet and contributing five $500 scholarships to the Fridfans fund, prcwidi.ng an annual Senior Citizens Christmas �rty, contributing to the Rita Erickson fiutd, installing a lift in a van for a handicapped person, mntributing to the 49er's activities and City float, providing playground equipnent and drinking fountains for the �rks, sponsoring the firearms safety program, distributing fruit baskets to the needy, providing eye e�ms, providing a la3c�r cbg for a Fridlc-y resic�nt, and participating in joint progr�ns with the Parks and Recre3tion De�rtment. He stated the only herefit realized is the ]maaledge and satisfaction that thEy have made life more oomfortable for the mmm�mity and its residents. He stated any funds raised through charitable c�nbling would oontinue to be well-spent. Mr. Arlen Haupert, (hai►man of the Lions Qub Gambling Committee, thanked the Coimcil for considering this proposed ordinance. He stated if the ordinance is adopted, it provides then the opportunity to enhance their activities in the City. Mr. Haupert stated in reviftving the ordirtance, the Lions Qub would like to suggest a different distribution of the 20 cents. He stated they are remirnnending four cents he aFpropriated to the City for distribution to c�aritable purposes, six cents distributed to orgamzations � for City charitable purposes, and the renaining ten cents be used for all other lawful purposes or expenses. He stated, currently, the State law allaas eight oents for expenses and, in addition, the State charges two oerits tax, making a total of ten cents the3 would have to use for expenses. He stated if only eic�t cents was allaaed for their expenses, after �yment � ��r ��i1+. � u��lM- •. ' 1 � of the State tax, it would la�ve only six cents and he was not sure they oould g3y all their expenses with this amoimt. Mr. Haupert stated in rec$rd to Section 30.03, Iten 3, he questioned if the financial reFort to be filed monthly with the City could be a cog� of the report ti�Ey are r�uired to file with the State. Mr. Hill stated he felt a �p� of the State report would 6e satisfactory. Mr. Haupert stated in regard to Section 30.03, Iten 4, he stated the Lions Qub is suggesting an organization be allaaed to ha�e a pull-tab operation in no more than two prenises of the City, rather than one. He stated this is important if only one of the pull-tab operations is marginally sucoessful. Mr. Hill stated he felt whether the operation should be limited to one or two prenises is a policy decision b� the Cotmcil. Mr. Herrick, City Attorney, dich't feel orcpnizations outside the CYty oould be eliminated to mnduct charitable gambling, but the Council can wntrol where the fimds have to be expended. NDTION by Councilman Goodspeed to waive the reading and approve the ordinance upon first reading. Seoonded b� Cbtmcilman FitzFatrick. NDTIDN tr,� Coimcilan Gooc�peed to amend Section 30.03, Item 1, by changing the �noimt to be chstrit�uted to organizations for City charitable purposes fran eic�t to six cents and the amount to be used for all other lawful ' purposes or e�enses be dianged fran eight to ten cents. Further, Section 30.03, Iten 4, be amended fran one premise to two premises. Seconded ty �imcilman Schneider. Upon a voioe vote, all voting aye, tMiyor Nee declared the mation carried unanimously. UEi7N A VOI� VO`iE TP,I�N Qd �3E I�.IN NDTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ODNSIDERATION OF DISCUSSION ADID FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 603. ENTITLED "INTOXICATING LIOUOR" BY AMENDING SECTION 603.10. ADDING SECTION 603.24 AND RENUMBERING OONSEC[TPIVELY. AAID FURTf�R AMENDII� Q3APTER 11, ENTITLID "GENERAL PR(7VISIONS AAID FEES" SECTION 11.10: Mr. Hill, Public Safety Director, stated this proposed ordinance outlines the mnditions and regulations that apgly for a d�aritable gambling lioense. MOTION by Councilman Schneider to waive the reading and approve the ordinanoe upon first r�ding. Semnded l� Coimcilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •� � • � �•,� � u � •• • i �� • � �4it�•.y :� �_ ��• •��_ • , Mr. Robertson. Commimity Develognent Director, stated this is a request by Harvest States Cooperatives for extension of the use of the Honeymead -10- ��'s�'�"..�', �i� i • i � t�nporary storage building at 25 - 44th Avenue N. E. He stated the Council apprwed this building for t�nporary use in 1971 for a five year period, He stated thEy are n�w ra3uesting an extension of the temporary use and staff would reoommend 7 years, but beliEVed Haxvest States would like 10 years. Mr, Robertson stated Haroest States has agreed to a landscape and screening plan which calls for planting poglar trees and vines. Mr. Hoel, representing Harvest States Cooperatives, stated they would like to obtain an e�ension of the temporary use of this building for 1Q years. He stated the� are willing to aomply with the proposed lanclscape plan. Cbimcilman FYtzFatrick asked if tl�ere o�uld be a problen with eactending a temporary use for over 20 years since the original temporary use was apprwed in 1971. Mr. Herrick, (Yty Attorney, stated it seems the original time period was imposed not hecause of the longevity of the building, but a question whether this was the type of building the City wanted on the site on a permanent h�sis. He stated he dich�'t think an e�ension would impose ariy liability on the �art of the City. He stated the liability for the safety of the buildinq would rest with the mmxany. NDTION b� Cbimcilt�n FitzKatrick to grant an extension of the use of the Horeyma�d tenporary storage building for 10 years with the condition that � the lancl�caping plan be oomgleted with glantings of 330 ivy anc3 60 poplar trees and that none of the existing trees be removed. Seconded by O�imcilman Gooc�peed. Upon a voice vote, all voting aye, Mhyor Nee ci�clared the motion carried unanimously. 10. CONSIDERATION OF SETTING A PUBLIC HEARING FOR MAY 4, 1987 TO REVIEW SP #85-01, BY OJHIIQ[JNITY OP'i'IONS. TO DETERMINE WHETHER IT IS IN aDMPLIANCE WITH THE STIPUI�ATIONS OF TEIE SPECIAL USE PERMIT: t�DTiON IX Cotmcilman FYtzpatrick to set the public hearing on SP #85-01 for thzy 4, 1987. Semnded b� Councilman Goodspeed. Upon a voice vote, all voting aye, Fhyor Nee declared the motion carried unanimously. 11. RECEIVING THE MINUTES OF TI� PLANNING COtM1IS5I0N MEETING OF APRIL 8 1987• A. ODNSIDERATION OF A IiOT SPLIT. L.S. #87-01, TO SPLIT 71)T 1, AODI7.UR'S SUBDIVISON NJ. 92 IN11� �70 SEPARATE PARCELS. THE SAME BEII� 1541 FERbIDALE AVENUE N.E., BY CHARLES RICE: Mr. Robertson, (otmntmity Developnent Director, stated Mr. Rtoe is proposinq to subdivide his property into two lots. He stated this property was discussed in oonjtmction with the 1974 Benjamin/Briardale area plat. He stated at the Cotmcil meeting on NY�rch 18, 1974, several possibilities were offered to extend the road or to simply provide easements. Mr. Robertson stated the Rioe's were rot supportive of sglitting their property, extending ' the road, or c�anting road easements at that time, He stated staff feels it would be unwise to allow the lot split for the property unless a reic�borhood ap�wed plan for extension of the street and subdivision can -11- I I I� � � ��''� • 1�. �i��! • � be worked out. Mr. Robertson stated the Planning Commission reoommenc3ed c�mal of this lot split and placed the burden for providing a workable plan on the �eti tiorers. Mr. Qureshi, City Manager, stated in 1974 the petitioners were given a choioe and they indicated they dichi't want to develop or split the lot. He stated sinoe no ric�t-of-way was given, acoess to the west was closed off. Mr. Herrick, (�ty Attorney, asked if it would be Fhysically possible to 7og the extension south and then west. Mr. �ureshi stated it is physically possible, tut it would severely impact the property to the east. Mr. Jack Pebbles stated he aans the lot that was split and has been g�ying taxes on it. He stated he would like the Rioe's request for a lot split to be denied as he felt there has to be a workable glan for acoess. Mr. Tim Dass, 1510 Rioe CYeek Drive, stated he was against any extension of the raad as d=velopnent would not enhanoe his lot. Mrs. Ruth Hayes, 1549 61st Avenue, stated she lives at the end of the cul-de-�ac. She stated the� pur�ased the hane because of the privacy anc3 woulchi't have purchased the property if the possibility of a street practically in their h3ck yard had k�een brought to their attention. Mrs. Hayes felt the issue was �cic�d in 1974 and the decision should be upheld as she dicii't Imow hav the �xoblen o�uld be resolved. Cotmcilman Schneider stated he dich't have any difficulty with the decision of the Planning Commission for c3enial. He stated his wncern is the doubt it leaves as to what might happen in the future. He stated if a plan was subnitted, it would have to he initiated b� the reic�borhood or develoFer. He stated he would urge that whatever happens, whether it he three, five, or ten years fran mw, there be an unanimous conclusion in the neighborhood with any proposal sulmitted. He stated if the (Yty made an error in 1974 Ix listemng to public input, he felt the only resolution would have to be sanething agreeable to all Farties. IYDTION l� Cotmcilman Schneider to concur with the recommendation of the Planning Commission and deny Lot Split, L.S. #87-01. Seconded 6y Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. NDTION by Councilman Schneider to receive the minutes of the Planning Coi[unission meeting of P,pril 8, 1987. Seaunded kay Councilman Fitz�trick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR MISCELLANEOUS QONCRETE CURB ADID GUi'PER PROJE(.T - 1987: NDTION b� Coimcilimn Schneider to receive the follavring bids for the 1987 -12- ' � � �.1�, _ ��1 •. � mncrete curb and gutter �o�ect: • _ �. �. Halvorson Canstruction Co. 4227 - 165th Avenue N.E. Anoka, NN 55304 M. J. Mioek Construction 1825 86th Lane N. E. Blaine, [�N 55434 Lindahl & Carl son 5488 Horizon EYicIle3, NAI 55432 Glanton Gonsruction 4001 15th Avenue S. Minneapolis, NAI55404 Gimderson Brothers 2325 Shelling Avenue S. Minnea�olis, NN 55404 Northern N. P.O. Eox 1275 Rock Creek, tTI 55067 Ale�nder Construction Co. 14561 Johnny Cake Road Apple Valley, N&�7 55124 7.OTAL BID $23,130.00 25,752.00 37,100.00 38,827.00 40,210.00 45,500.00 47,150.00 if 1�� )'�„i, Seoonded k� Cbtmcilman Fitz�trick. Upon a voice vote, all voting aye, N�yor ree declared the motion carried unanimously. NDTION l� Coimcilman Schneider to award the contract to the low bidder, Halvorson Construction Company, in the amount of $23,130 for the 1987 misoellaneous ooncrete curb and gutter pro7ect. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, M�yor Nee declared the motion carried unanimowly. 13. CONSIDERP,TION OF CHAI�E ORDER rA 1 FOR 4�.TER AAID SANITARY SEWER Pf�JECP NO 162. PARK CONS'PRUCPION: Mr. Flora, Public Works Director, stated there was an error in mmputing the amount of piping for the watermain along the loop of the Lake Pointe developnent. He stated an additional 1,600 linear feet is required, as well as rock, for stabilization of the pipe. Mr. Flora requested the Council mnsider this change order in the amount of $39,9D0 for the additional piping and rock. �tmcilman Schneider stated this is about a 20� incre�se in the original bid -13- � � � ��,�~^, • 1'- ' ' � • -' � - � and asked haa much of an increase muld be approved. Mr. Flora stated the Council could authorize a 25� increase from the orig�.nal bid and he did not anticiFate any more change orders. Mr. Qureshi, City Manager, stated the engineering wnsultant used for this project was requested h� the developer. He stated the Oxmcil has a letter fran this mnsultant, Stmde Engineering, regarding the change order. He felt it was a sizeable increase and, normally, these itens are not missed. NDTIt�N L� Cotmcilman Schreider to authorize Change Order No. 1 with Park Construction ComXnny in the amoimt of $39,900 for Water and Sanitary Sewer Project No. 162. Sewnded Y� Cotmcilman Gooclspeed. Upon a voioe vote, all vating aye, t�hyor Nee declared the motion carried unanimously. 14. CONSIDERATION OF (ZiAI�E ORDER NJ 1 FOR DFMOLITION ADID SITE GRADING PROJECT N0. 163. EAIEBAK CONSTRUCrION: Mr. Flora, Public Works Director, stated upon reviewinq the plans and specifications, the landscaping plan for berming and protection of the �operties to the north was not included in the original contract. He stated in order to get the work accomplished now, it is recommended the Co�cil cronsider this d�ange order in an amoimt mt to exceed $5,000. Mr. Qureshi, Ci.ty I�nager, asked the City Attorney if this change order in any way wauld affect the City's litic}�tion �aocess. Mr. Herrick, City Attorney, stated if it is clear this is work that was not mntenplated when the original �ntract was awarded, it would �e a different su6ject than the disputes that are currently ir existence and felt it would not haae an adverse affect on the City's position. He stated when the change order is si�ed and sent to Enetz�k, a ouver letter should be �eFared stating wkr� this was cbne. Mr. E'lora stated when the �oject was let, the landscaping plans weren't available and it was subsequent to the award that the landscaping plans were developed. NDTION b� Cotmcilman FirzFatrick to authorize (Y�ange Order No. 1 with Ehebek Construction, in an amoimt not to exceed $5,000, for Demolition and Site Grading Project No. 163. Sewnded L� Co�cilman Goodspeed. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried unammously. 15. RESOLUTION NJ. 38-1987 AUTHORIZII� ADID DIRECTING THE SPLITTING OF SPECIAL ASSESSMENPS ON PARCEIS 2550 ArID 2601, SE(,TION 12, AAID REPIATTING INTO A& R ADDITION• Mr, Pritxl, Finanoe Director, stated this resolution reallocates special assessnents that existed on original Paroels 2550 and 2601, Section 12, and replats then into A& R Addition. I�DTION b� Coimcilman Schneider to ad�pt Resolution No. 38-1987. Seoonded b� -14- ��s�r'�a ��•r� �� , , . z��i:3u � Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried unanimously. 16. COMMONICATIONS: MAYOR NAWROCKI. CITY OF COLUMBIA HEIGHTS, IN REGARD TO MAINPAINII� UNiVERSITY AVENUE SERViCE DRIVE BEiWEEN 45TH ADID 53RD AVENUES: Mr. Flora, Public Works Director, stated staff felt the secvice drive on the east side of University Avenue wasn't 6eing used by Fridley resident:� and there is still some discreFency where the ourporate boundaries exist. He stated he hoped to meet with represerttatives of O�lunbia Heic�ts to resolve the issue. Mr. Flora stated if the City g�rticip3ted in the sealooating mairitenanoe, it would involve between 2,100 and 6810 yarcls of material at an estimated cost of $1,200 to $3,800. NDTION by Councilman Fitzp�trick to authorize staff to negotiate a settlenent with Colunbia Heights L�sed on the peroentage of street surface. Semnded l� Coimcilman Schneider. Se�nded Ix Coimcilman Schneic�r. [Ip�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. (S,AIMS: NDTI�N l� Coimcilman Schneider to authorize payment of Claims No. 13850 throuc� 14093. Seoonded tX Goimcilwanan Jorgenson. Lipon a voice vote, all voting aye, t�yor Nee declared the motion carried unanimously. � 18. LICENSES• NDTION L7,� Cotmcilman FitzFstrick to apprc�ve the lioenses as suhnitted and as on file in the Lirnnse Qerk's Offiae. Seaonded lx Cot,�cilman Goodspeed. Mr. Qureshi, City N�naqer, stated it should be brought to the Council's attemion that George's in Fridle� is not meeting standards as far as the food and liqwr sales ratio. Mr. Prib�l, Finanoe Director, stated the peroentage for George's is 38$, as di.sclosed throuc� their financial statanettt. UfON A VOI� VOTE TAI�N CN �3E ABQJE I�UTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 19. ESTIMATES: Mr. Flora, Public Works Director, stated the Fayment to Toltz, King, I)uvall and Anderson and Associates should be changed to Western Waterproofing ComFsny. Motion t� Coimcilman FitzFatrick to apFxove the estimates as sukmitted: � Park Construction 7900 Beech St. , N. E. Fridle�, MV 55432 -15- � 0��" a ��• ��. � � • z�� z�� Water & Sc�aer Proj ect No. 162 Estimate No. 5 . . . . . . . . . . . . . . . . . . . Sunc� Engineering 9001 East Bloomington Freaaay Bloanington, M�I 55420 D�nolition & Site Grading Pro�ect No. 163 Partial Estimate . . . . . . . . . . . . Western Waterlxoof ing ComFany 2838 Stevens Avenue South Minneapolis, NN 55408 . $52,512.94 . . . . . . $ 1,809.30 Rep�i r of 1.5 N� RPSerooi r Pro� ect No. 161 Partial Estimate No. 1 . . . . . . . . . . . . . . . . $ 56,414.00 Seoonded b� Co�cilman Schneider, Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unaaimously. � M�TION by Councilman Schneider to adjourn the meeting. Seconded by Coimcilman Goodspeed. Upon a voioe vote, all voting aye, N�iyor Nee declared the motion carried unanimously and the Regular N�eting of the Fridley City Co�cil of April 20, 1987 actjourned at 12:02 a.m Respectfully sutmitted, ��C�-...,�� Cp4�-/� Carole Haddad Secretary to the City Coimcil Apprwed: � -16- � 1 �yt.�-� � � ��. Wil.lian J. e l�yor