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05/04/1987 - 00011191J �q �� THE MINClPES OF Tf� RFX�OL�AR MEETING OF THE FRIDLEY CITY COUNCIL OE MAY 4 �$Z Mayor Nee called the Regular Meeting of the Fric�Re� City Goimcil to order at 9:43 p.m , after the meeting of the Board of Review. • a�� • � �,« Nhyor Nee led the Coimcil and audienoe in the Pledge of Allegiance to the Flag. 1mLL_ C11iJL• MENBII2S PRFSIIVT; Mayor Nee, �lmcilwanan Jorgenson, �imcilman S�neider, O�imcilman Fitzxatrick and Coimcilman Goodspeed MEI�SERS ABSIIVT: NOne : 7�u: .� � �_��:M�� Mr. Karl Rasmussen, Commander of the Fridley VFW Post 363, presented a $5,000 check to the Fridley Fire Deg�rtment for firefighters to attend hazardous waste school. � Mr, Aldrich, Fire Chief, stated he wished to thank the VFW as the3 have been most supportive of the Fire Department. He stated the school the firefic�ters will attend is �aot�bly the best training center in dealing witY� hazard�us wastes. t�yor Nee and men�ers of the Goimcil e�ended theix thanks to the VFW for this cbnation to the Fire neFartment, .��ys4, • : �� t�'� �' u• I�yor Nee read and issued this proclamation proclaiming May 15, 1987 as Buddy Ibpp� Ikzy and urqed all �atriotic citizens to wear a Buddy Popp� as eviden�e of our citizetts gratitude to the men of this cauntry who have risked their lives in defense of the freecbms which we aontinue to enjoy as American cit,izens. Mayor Nee �esented this proclanation to Karl Rasnussen and the Buddy Popp� Queen. 1�= .:r •�, �, u � I�&yor Nee issued a proclanation proclai.ming May 17 - 23, 1987 as National � Public Works Week and called upon all citizens and civic organizations to aaivaint thenselves with the �oblens involved in Fsoviding our public works and to reoo�ize the ountributions which public works personnel make every -1- [��.1�. 1 YI�I • u.4-- ' � �y to our health, safety and wmfort. Nhyor Nee Isesented this proclanation to John Flora, Public Works Director. MENTAL HF'.ALTH N➢DNPfi - MAY. 1987: Nhyor Nee issued a proclanation Fsoclaiming May, 1987 as Mental Health Nbnth to bring public atter�tion to the facts a6out mental illness and urge that the month be otserved with appropriate oommimity programs and education to raise public awareness of inental health issues and services in the aommimity. N�yor Nee Fxesented this proclanation to Lillian I�yer and she extended an invitation to the CoLmcil, and other iriterested �rties, to visit the Family Life Mental Health Center during their oFen house. 7 u �; ��w : ,i �, ua � I�yor Nee issued a procl�nation proclaiming May 10 - 16, 1987 as Senior Center Week in honor of the lifelong oontributions of the many talented and dedicated Senior Citizens who make F'ridley a special place to live. He further oot[unended the Senior Center for supporting a sense of oommimity that enables olckr persons to �ntinue their involvenent with and contributions to the FricIlc� mirnmmity. � N�yor Nee �esented this proclanation to Ms. Q�nnie Than�son, Senior Citi.zen Progr�n Cootdin3tor. Ms. 'IhanFson exterx3 an invitation, on behalf of the Senior Citizen Advisory Board, for the Coimra.l to attend their open house on May 13 to recognize the volunteers and the Council's support of their activities. ':��i : � u �1/Y ,'��'� • •7i1 � 1� NDTION by Councilman Schneider to approve the minutes as presented. Seoon�d b� Cotmcilwanan Jorgenson. Upon a voice vote, all voting aye, Mayox Nee declared the motion carried unanimously, ��1�._ i � NDTION by Councilman Fitz�trick to approve the minutes as presented. Seo�nded lx Coimcilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. :��• • • u- �e follaaing iten was added to the agenc�: (21) Consideration of a Change Orc�r for Fire ApFaratus Fquipnent, Items 9 and 10 were also changed to � oonsider these itans for public he�rings, rather than first reading of the ordinanoes. -2- v�t��-" l.F � � �aI_'1 �A k�:J�..�._ ul � ' NDTION 1� Cotmcilman FitzFstrick to adopt the agenc� with the above addition and changes. Semnded by Councilman Goods�eed. Upon a voice vote, all voting aye, t�yor Nee declared the motion carried unanimously. OPEN FDRUM. VISITORS• � � Mrs. Irerr Vasecka, 5427 4th Street, appeared before the Council regarding the problens in the alle� hetween 4th and 5th Streets. She presented photos of the c�bris and trash and stated there is only one dumpster for the two aFertments at 5420 and 5428 5th Street. Mr. Bob Schmidt, 6001 4th Street, representing the Fridley Jaycee's, requested a waiver of the fees for a softl�ll tourrament in mrr�tmction with the EYid1e� Hockey Association. He stated the tournament is scheduled for the last weekend of this month and the� have their own dr�n �top insuranoe. N�yor Nee stated this was not an agenda item for this evening and since there will be another Coimcil meeting on N�y 18, he stated the Coimcil would wnsider the iten at that meeting. `� .� � � 2. REVI�W OF A SPECIAL USE PERMIT SP #85-01 BY COMMUNITY OPTIONS TO nFTFRMT� ��R rT 7S IN COMPLTAN� Wr�3 TI3E STIPL TTONS OF THE SPECIAL USE P�RMIT• M�TION l� Cota�cilman FitzFstrick to waive the reacl�.ng of the public hearing notioe and open the public he3ring. Sewnc7ed b,� C:oimcilm�n Gooctispeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 10:03 p.m. Nayor t3ee stated the purpose of this public he-axing is to revie�a the special use permit for Comntmity Options to c�termine if the apglicant has complied with the stipulations. Mr. Rohertson, Commimity Developnent Director, reviewed the stipulations as follavs: 1. No more than five resident autanobiles on the site. 2. Cbmpletion of wnstruction of a six foot hic� solid wood rear yard fence. 3. Whether a Conmitmity Ac7�isory Cbnanittee has been created and is being allaoed input in the operation of the facility. 4. Lan�caping completed in acwrcl�noe with the previously sutmitted plana 5. Adequate �ntingency plan been implanented £or c3ealing with medi.cal energencies. 6. Facility lioensed and being operated in aco:>rchnce with all -3- � �� _ �� . 1!' apglicable State and Coimty rules and regulations. 7. Facility in �npliance with the Fire Code, 8. Are the ciiaracteristics of the facility's clients mnsistent with the facility's ountract with Anoka Co�mty. He stated staff has reviewed all these stipulations, inspected the prenises and oonsulted with the orc}3nizations, and Commimity Gptions is in oomplianoe with the stipulations. Mr. Bill Hunt, Assistant to the City Manager, reviewed a letter c�ted April 20, 1987 received fran Patrick Donahue, Assistant Ac�tninistrator of Commtmity Options, which indicated compliance with these stipulations. Coimcilman FitzFatrick stated the smpe of reviEta L� the Coimcil is limited to the stipulations, but stated the reic�6oring residents wished to express sos[ie of their �ncerns. Mrs. Phrge Otten, 5311 5th Street, presented photos showing the p�rking around Comm�mity Options at various times and d3tes. She stated there were delivexy trucks Ferked on both 4th and 5th Streets and one of the visitors at Commtmity Options Farked in front of a resident's driveway and blocked the acoess. Mrs. Otten stated at the time Commimity Options applied for the special use � permit, residents were told this was not going to be an intensive care facility. She stated in the progr�n �oposal fran the Coimty, they wanted an intensive treat�nent facility for individuals 18 and over who have a �Simazy dia�osis of inental illriess thst prohibits their admission to less restrictive facilities. Mrs. Otten stated there has been a problen of a rLaiaway from Community Options and it was necessary to call the R�lice � I�psrtrnent. Mrs. Otten stated resi.der�s in their ara3 have relocated and there have been at least four raids in apart�nents where new residents ha�e moved. She stated the cziminal elenent in their neic�barhood is prevalent as all the persons who cared about their �operties have left. She stated residents have installed greater security measures as they are afraid of the transients in the neighk�orhood. Ms. Terry Buckridge, chuc�ter of Mrs. Otten, stated the children in the area are afraid to go to the neighboring park as now they don't know their reighbors. She stated the area used to be peaoeful and quiet, but there is incre3sed criminal activity where the Fblice Departrnent has to be called. Ms. Buckridge stated p�rking is a prob],en and one day there were about 18 cars Farking on the street. She stated Community Options pranised not to change the neic�borhood, but to enhan� it and felt they have destrcyed it. Mrs. Vasecka, 5427 4th Street, stated St. William's drivers to transport resic�nts of O�t[¢nwiity Options to the� foimd out this was not a non-profit orc}�nizataon, -4- Church was providing church, haaever, when it was dismntinued. �K.�_ 4�� , • �� - � � ,,;�,„ �� , � Ms. Wric�t� representing Community Options, stated she was aware of the incident where a resic�nt's driveway was blocked and stated this occurred when thEy were in the �o�ss of re-roofing the building. Ms. Wright stated as far as the additional �arking, this may have occurred when thc� had their open house. She also stated weekly fran 3:00 to 4:30 p. m, there is a staff meeting which increases their Farking neecls during thi� period. Co�mcilman EYtz�atrick felt perhaFs the minutes of the Advisory Board could be mora widely distributed to keep residents informed of the activities at Com¢mmity O�,tions. He stated the purpose of the Advisory Board was to seive as a liaison with the mmmtmity. Ms. Wright stated Mr. Dick Byers serves as the oommimty liaison and felt the residents may ke more oomEortable ap�oaching Mr. Byers and he could share the minutes. Coimcil�n FitzFatrick felt the appearance of the structure which houses Commw7ity Options has not changed Ms. Wright stated they have re�inted and installed lanclsca�ang and fencing. Coimcilman Fitzp'�trick stated the structure im�wed sanewhat, hut felt there was still room for additional imprwener�t. Mrs. Vasecka stated there liould be a way to inform residems that d�mmiutity Options is in the neic�borhood. She stated ne�a residents who mwed into the ara� relocated to amther area, once the� foimd out Cb�nw7ity Options was in � the neic�borhood. Comcilman Fitz�atrick stated the residents have stated there is a great deal of chanqe in the mic�t�orhood and an increased nunL�r of Folice calls, ha,vc�er, there is no arc�nnent that Conantmity Options is in compliance with the stipulations which is the soope of this public hearing. A gentlenan in the audienoe stated this is a classic case of slun cti.sper�al. NDTION b� Cotmcilman Fit2Fatrick to close the public hearing. Seconded l� Co�cilman Goocispeed. UFon a voioe vote, all voting aye, N�yor Nee declared the motion carried unanimously and the public hearing closed at 10:44 p.m. � � : ��il�!��1 R ••� �; � :cLi •� � •� •��• «�.i4�' � �. �� . � . ••: • �� • �I� � � M.�� 71� � �yl: � ' 11 • I I� N�� 7f� I ' '.�j/ _ • I� �.• ..1 Mayor Nee stated this ordinance was amended on the first reading, as outlined in the April 20 minutes, and another minor change under Section 30.03, Itan 8, is to delete the wor� "$5.00 per hour" and substitute the worcls, "50� aLrove F�deral minimun wage ". ' Mr. Hi11, Public Safety Director, stated the Lions Club has eatpressed an interest in two rxenises to o�xrate the c3iartiable gambling. He stated the -5- ��9�*`r �,1�, i � � ' Jayoees have inquired about using one �anise and a ca7.1 was reoeived fran a re].igious organization who has an interest. He stated it raw appears there may be four requests for this type of operation out of nine that are available, Mr. Qureshi, City Mart�ger, stated staff wished to make the Council aware there, apFarently, will t�e a hic� clamand to operate c�aritable cpmbling. FDTION Is� Cotmcilman Schneider to waive the reading and acbpt Ordinance No. 881 on the seoond reading, as amenc�d, and order publication. Sewnded by Co�ci.lman Gaotlspeeci. Upon a voice vote, all voting aye, Mayox Nee declared the motion carried unanimously. • •�� .;�.« • • a�� _ �1 _ �._ i • . ��. . � � �li�,_ •• �• , i �!�_ 7�k4• .� � �� yy• .� � � � � � �1�i_ .. ..�� ,� _ �� - I�yor Nee stated this ordin3nce has a minor change uncler Section 603.24, Item 2A, to c�ange the word '4aho" to "which" and the word "contributes" to "contribute". NDTION by Councilman Schneider to waive the second reading and adopt Ordi�noe No. 882 on the seoond reading, as amenc�d, and order publication. ' Se�nded tr� Q�tmcilman Goodspeed. Upon a voiae vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. 4, RE50LCTrION NJ. 39-1987 APPRQVING I-694 PRELIMINARY LAYOUT IDENTIFIED AS LAYOLTP N0. 16 , S. P. Q285-16 ( 694=3931 F1�M T. H. 152 7.+0 T. H. 35W ( TABLID J[J[� 2. 19861 - NDTION bir Co�cilman Schneider to acbpt Resolution No. 39-1987. Semnded Ix Co�mcilwanan Jorgenson. Couzcilman Schneider stated residems of the Farr Developnent have signed a waiver that they would never request the Minnesota nepartment of Transportation to install mise Iz3rriers along I-694. He stated it should be noted, haaever, there are several single fanily hanes irivolved where the avners have mt sic�ed such a waiver. Councilman Schneider felt a cover letter should be se�, along with this resolution, to indicate there is still oonoern about noise for those residents who have rot sicyied a waiver. Uli�N A VOI� VO'IE TP.i�N CN �3E ABQJE 1�DTION, all voted aye, and Mayor Nee declared the motion carried unanimously. �� • � • • �z�. �i • •,� itii • � • � � r � n �� i • � •;_ •�,uiu • [rDTION b� Cbwzcilman Schneider to table these appointments. Seconded by ' Cotmcilman Gooclspeed. Upon a voioe vote, all voting aye, NHyor Nee declared the motion carried unanimously. G� � l J � k• �. �� • y �_ RF�`Fss: Reoess called b� N�yor Nee at 11:00 p.m. RECONVE[VED• Mayor Nee reoonver�ed the meeting at 11:10 p, m. present. NEW BUSINESS: 0��;'.,� All Council members were . �� • • � � • � u� « • �,� • � o• i � i • v i �� • i i • �• ��';. r• ' i� !�I 44 � � i � _. �L�I� • • p • � �M' 1 �• I� •' •�� • �y 1 ' •I�11. • M� M P _ _ _ Mr. Robertson, �n¢ntmity L�velopnerit Director, stated a public hearing was held on A�ril 20 regarding this vacation and there were no ob�ections. He stated the question raised recprding the dumping of oil on this site has been investic�ted and there has been a cleanup. NDTION by Councilman Goodspeed to waive the reading and approve the ordirt3nce upon first reading. Seoonded b� Coimcilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. k� � • � • � � � _ � � •�� r. M . . ..�� • �• �' � � � ��4 � � � �'_" _ �I I i: �i :_ 71� � • �L. M.� Mr. TL�bertson, �rnmmity I�velopnerit Director, statea a public hearing was held on April 20 regarding this re�zoning and there were no ob7ections. NDTION by Councilman Fitz�trick to waive the readinq and approve the ordinan� upon first resding. Secunded 1� Cbi.mcilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •� � �� • • • � • ••u �.��!_y � •�• � � � 4 ir� y4: a� � � • , � : !�1 � '_l� � • . �M• � •• • • / z�� • � •_ • �_ � •,� � • � � _' �� •_�! • � « M • �� ^• Mr. Robertson, O�n¢ntmity Developnent Director, stated this vacation is for the westerly half only of the 2 1/2 Street ric�t of-way between 57th Place and 57 ]/2 Avenue. He stated the Planning Commission recommended approval and the Co�mcil held a public hearing on this vacation on April 20. Mr. Rnbertson stated the Planning Commission recommencied the City retain a utility assement wer the entire portion and this is noted in the ord�.�nce. -7- � � � 9. • 1�. +�yJ �. • �' Councilman FitzFatrick asked if the property wvered in this vacation reverts to a single property aaner to which Mr. Robertson answered in the affirniative. NDTION by Councilman Fitz�trick to waive the reading and a�prove the ordinanoe upon first readi.ng. Seconded L� Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �•, � • • • �� • a • u �► � r��» . �� ui a� •�� o-wr ... r ti Mr. F'lora, Public Works Director, stated the Suburban Rate Authority is working with Northern States Rnver for a Lmiform franchise for all mPmber suburban mmmtmities. He stated the franchise has been accepted Ix Northern States Ebwer and in orc�r for the City to adopt this franchise, a public hearing is required under the City Charter. M�TION h,� Go�mcilman Schneider to set the public hearing regarding this franchise for J�me 1, 1987. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � •� _ � �:�• • ti i ••_y • �� • i • �_ •� «�� y •,� ;S�! y Mr. Flora, Public Works Director, stated in order to establish a utility franchise fee, a public hearing is required undei the City Charter, M�TION t�y Councilman Schneider to set a public hearing regarding this franchise Pee for JLme 1, 1987. Seoonded h,� Goimcilman Gooclspeed. Mr. Jim Anderson, Acininistrator for Minnesota Public Affazrs for Minnec�sou, appeared before the Qnmcil rec�xrding Minnegas�'s position on this proposed franchise fee and stated a letter chted May 1, 1987 has been forwarded to the Coimcil. He stated Minnegasco is opFnsed to anything that imposes ta�s or fees or discriminates against its custaners. He felt the proposed frandZise fee discrimirr�tes against laaer income groups and customers who prefer natural gas aver other enerc� sour�s. He stated the fee would place Minnec}�soo in a very serious position as the price ratio of gas ta oil is only six cents differenoe. He stated this franchise fee would add a three percent tax which would mean an additional cost of seven cents and the differenoe in c�st between gas and oil incra�ses to 13 cerits per c�l.lon. He felt Minnegasco may lose some high vol�une customers with this 13 cents differenoe in mst and when large volune users are lost, this amount has to be made up l� tl�e snall volune custaners. Mr. Anderson felt if the City neecls additiorr�l rEVenue, a mill leay would be more appropriate because everyone would pay rather than j ust the gas custaners. He stated electric and c�s utilities are the only ones that �ay a persor�al Fsoperiy tax and there is leqislation to increase this rate. � (ti��; I'1M� `�J r.�v O�i i�!'*�P� �iy. .... Y� �M �. 4_• � t�yor I3ee stated he would like to see a com�rison in fuel oil rates vs. natural gas over a five year period. Mr. Nelson, represeriting Onan Q�rporation, stated he felt a franchise fee would be g�ssed along to the wnsisner. He stated this only adds to industry's aosts and leaves Minnesota less oompetitive. Mayor Nee stated he �mderstanc� Mr. Nelson's o�noerns, haaever, the City has certain aosts involved in doing business with the utility com�nies and these have been �id out of revenue sharing. He stated with cuts in revenues to local cpverrments, fimding is neoessary to oover these o�sts. Mr. Nelson stated he would like to meet with staff to revi�a the City's involvement with the utility �nFanies. Mr. George Fliglsang, ar�ner o£ Metal Tech, Inc., 7893 IIm Street, stated he is a hic�t volune gas and electricity user. He stated he e�ects some ma�or expansion which would raise his energy costs from $9,000 to $14,000 per month. He stated he cbes not have the oFtion of saitci�ing to oil and felt a franchise fee would add to his wsts of doing business. He felt there should be a more equitable way to raise the needed funds rather than singling out hic� volune industrial users. I�yor Nee requested Mr. Fliglsang to sutmit a letter expressing his o�ncerns. � UPbN A VOI� VCltE TAi�I Q3 'iE3E PBa7E NDTIDN, a11 votad aye, and Mayor Nee declared the motion carried unanimously. 11. �ONSIDERATION OF FIRST READrNG OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY �DE BY AMENDING CHAPTER 11 ENTITLED "GENERAL PROVISIONS AND FEES" BY DELETING TEIE VEAIDING MACEIINE FEE• NDTION by Councilman Fitz�trick to waive the reading and approve the ordinanoe upon first reading. Semnded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. �NSIDERATION OF FIRSP READI[�'i OF AN ORDINANCE RECODIFYIIJ� THE FRIDLEY CITY CODE BY AMENDING CHAPTER 2Q3 ENTITLED "MOBILE HOME PARK". BY DELETING SECTION 203.04, CERTIFICATE OF CONTINUED OPERATION AND RENUMBERING Mr. Flora, Public Works Director, stated there is a section of this ordinanoe which calls for the City to issue a certificate of continued operation for a mobile hane �ark. He stated it seems the City has never issued such a certificate and no reference can be found in the State statutes requiring it. Mr. Flora stated, therefore, it is proposed to delete this section fran the cody. � Mr. Herrick, City Attorney, stated in di.scussions with Rick Pril�l, Finance Director, this ordinance has been in existence for along time, but never enforced. He stated it is his feeling it should either be enforced or .'�J' • J�, � la� • � d�leted Mr. Herrick stated while he is not all that familiar with the operation of mobile hane �rks, he would suspect, unless the City was committed to a rather thorou9h inspection, nothing much would be acoomplished lx issuing such a oertificate eaci� year. He felt if the City was not thorough in the inspection, there could be some liability for c1 aims. NDTION by Councilman Schneider to waive the reading and approve the ordir�noe upon first reading. Semnded b� Co�mcilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I� ' M � i 4 1 u�l !Y � Y I ' r,lU � •� uW �� ul 5�I � � '�� • _ ��I•• • •_ ' � 1 • � �_4��• gJ%�_+ • • • 7i+1 ; • 71� I� � 1 �• � Mr. Rahertson, Q�x�untmity Developnent Director, stated this is a request to sglit a lot ir�t.o three se�arate �arc�els for �xoperty located east of Hic�yray 65 between 72nd and 73rd Avenues. He stated, in o�njimction with this lot split ra3uest, two varianoes are rEquested to reduoe the lot area fran 1.5 acres to 1.1 acres and to reduoe the rear yard setlack frcm 25 to 5 feet. Mr. Robertson stated the Planning Commission reviewed this lot split and � reooimnended approval with eic�t stipulations. He stated if Co�mcil were to grarit the lot split, staff would reoommend another stipulation be added that the petitioner work with staff to arrive at an approved parking expansion glan �xior to final Coimcil action. He stated the plan is to be implenented within six months and a bond prwided as surety for the improvenent. Mr. RAbertson stated staff has not, as yet, had the opportunity to review the parking plan as it was sutinitted this evening. Mc. Robertson stated the easterly 25 feet of the lot is to be sold to Mr. l�terman who will utilize that portion for dra�.nage imprwenents. Mr. Determan stated the Rioe CYeek Watershed Ihstrict advised him he would have to mmgly with three itens: (1) personal bond; (2) deed; and (3) meet the requi.renents for a 100 year storm, He stated he has the o�ortunity to obtain 12,000 yards of fill which is needed for the ditch. He felt if Cotmcil granted the lot split he would be able to �oceed to have the fill trucked to this site. Mr. Billings, Chailman of the Planning Commission, stated the �rking issue came about due to the fact that 1.2 acres would be sold and wanted to make sure adeqiate Farking is available so it doesn't create ariy problans in the f uture. Mr. Haarstad stated apprwal is needed of the lot sglit so Fir. Determan can � have a title to the property in order to get approval from the Watershed Di,strict. He also requested the requirement to provide extra parking coincide with the :�ale of the Faoperty on the north. -10- �5.9�J� �t �K•�� . � y � -' � �� :� � NDTION b� Coimcilman Schneider to concur wxth the rewmmendation of the Planning Coamnission and grant lot split, L. S. #87-02, with the follaving stipulations: (1) lot split is wntingent upon ap�oval of variances; (2) park fee on total subdivision is $3,405.61 of wYv.ch $3,065.05 (amount less 25 foot strip) is to be deferred until a tuilding permit is issued on the �oposed psrcel 2; (3) easements for drainage per Itice Creek Watershed apExpved plan to be granted prior to reoording lot split; (4) freestandin9 sign to be upgraded b� staining trim and refacing deteriorating sign faces; (5) slats to be installed on north and south storage yard fence, including gates; (6) shrubbery and trees to be installed along 72nd Avenue and west of �arking lot b� J�me 30, 1987; (7) twenty-five foot strip to be mmbined with Determan lot and filed with lot sglit; (8) petitioner to stripe Far]c�.ng lot; (9) petitioner work with staff to arrive at an approved parking expansion plan �ior to final Coimcil action, with the �derstanding the �-arking plan is to be implenented in oon7imction with the sle of the northerly most lot created, and (10) a bond provided as surety for improvenent. 5econded by Coimcilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •,� i ,� • i �� i • i �. • B-1. CONSIDERATION OF A VARIANCE R�OUEST, VAR #87-08, � RIDC� TFIE LOT AREA FRI�M 1 5 ACRES '1'C� 1 1 ACRES• TD RIDUCE '�'FIF RF.AR VARiI 4FTRA(`K FR�M �5 FF.FT 'IY) S�F-r_ r,r•.n�:wrrrv r�ocaTID � AT 1131 72PID AVENUE N.E., BY DON RIEI�N: Mr. Rabertson, Co�mninity I�evelognerit Director, stated this is a zequest for two varian�s to reduce lot area from 1.5 to 1.1 acres and to reduce the rear yard setback fran 25 to 5 feet for �aoperty generally located at 1131 72nd Aven�. IIe stated the harciship cited was the code in existence when the lat was purc�ased was not as stringent and t� providing a five foot setback, the petitioner is attempting to come as close as �ssible to meeting existing requirenents. Mr. Robertson stated the Appeals Commission recommended approval of these varianoes with stipulations that the north wall of the existing building renain as is with no oFenings and Einal approval wntingent upon Council apFawal of the lot split r��st. NDTION Lsi Cotmcilman Schneider to concur with the recommendation of the Appeals Commission and grant variance request, VAR #87-08, with the stipulation that the north wall of the existing building renain as is with no openings. Semnded b� Coimcilwanan Jor�nson. Upon a voice vote, al.l vating aye, Nhyor Nee c�clared the motion c�rried unarumously. •� � •s. � •_ • �. �?.� � : • • �� 1« � � �n _ : � �1' •_ � i�� • �� .�, �_ .� _« �� • • `�' � • � ��• • •,� • i • � � �� '_� �..�� •!l -11- � _�,. _ 4�� _ � 4' � � 1 Mr. Robert�on, Cbmmimity I�velopnent Director, stated the oode requires any attached or �attaciied accessory building which o�ns on the side street shall be at least 25 feet fran the property line of a side street. He stated oonstruction on the house and garage recently started and the buyer would prefer to have his drivEtvay out the east side of the qarage which is 17.5 feet fran the Froperty li.ne. He stated the setla�ck ra�w.nnent would �e met if the c�or exited f ran tY�e south side. � � Mayor Nee felt there was no adequate finding for a variance and felt the �oblen was self-imposed. Mr. Herrick, City Attorney, felt with a strict interpretation, the City would have a hard time justifying this varianoe, Mr. Nbselle stated it was the buyer's choice to have Y17e drivEtaay on the east as an eritryway was designed to oome into the house fran the garage and with the garage door facing east, it would give more depth and room for entranoe into the house. He stated the problsn of ooming onto the street on the south side was definitely a oonsic3eration. He stated if he had known about the setback ra3ui�ent, he woulch't have designed it this way. NDTION b� Coimcilman FitzFatrick to deny variance request, VAR #87-11 for property at 7130 Rivecwood Drive N. E. Sewnded by Councilman Goods�eed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �e Coimcil received the minutes of the Planning Commission meeting of April 22, 1987. 15. RECEIVING THE MIN]OTES OF THE CHARTER COMMISSION MEETING OF FEBRUARY 23. ]9� NDTION by Councilman Schneider to receivE the minutes of the Charter Commission meeting of February 23, 1987. Secondec3 by Councilwoman Jorgenson. Upon a voiae vote, all voting aye, Nhyor Nee declared the motion �rried unan9.mously. 16. CONSIDERATTON OF ApPRWAL OF 7'f� PRF'LTMTNF��' FL� ICATTON TO THE DEpARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR OUTDOOR RECREATION GRANT ( LAWCOAVLCFIl2) : Mr, Roberts�n, �rnnimity Develognettt I)i.rector, stated this gcant application is to ac+quire the renaining seven psrcels in the flood plain area of Riverview Heights Park. He stated the total estimated cost of the a¢Iuisition and relocation is $391,450, with the City ��mnitting 50� of the total oost or $195,725. He stated the City has alreacY� desi�ated $189,564 fran the 1985-1988 (TSG ftm� and an additional $6,161 would be available fran other City f�m�. He stated the preliminary apglication must be filed Lx May 5, 1987. [�DTTON ts,r CotaZCilman Fitz�atrick to authorize the (ity Manager to sutmit the �xeliminary application for the LAWNN/LC�7R funds for 1988. Sewnded by -12- 4�R � � � � � 0��'.� w • ��, �� • � � � �1 Comcilman Goodspeed. Upon a voioe vote, all voting aye, N�yor Nee declared the motion carried unanimously. 17. RECEIVE BIDS FOR REPAIR OF Tf� �MMONS PARK WATER TREATMENT PLANT PROSTECT N0. 164 AND AUTHORIZE AN ADDITION TO TKDA CONTRACT FOR CONSTRUCTION PDTION tH Co�mcilman Goodspeed to reoeive the follaaing bicls for the Cammons Park Water Filtration Plarit Project #Ib4: i.iI:�51:Ti Ilf �I 7 Shank Mechani�l Inc. 3501 85th Ave. No. Minneapolis, NN 55433 Gorhan-Oien Mechanical 841 Fast rbrest Ave. Nbra, NN 55051 Merrimac Construction 1409 159th Ave. N, E, Anoka, NN 55304 Naa Medi CbmFanies, Inc. 1633 Eustis Street St. Paul, NN 55108 Acton �nstruction Cb. P. O. Box 394 Huqor M9 55038 ALT. BASE BID BID 1 $1,450,000 -40,000 1,494,183 -50,000 1,507,499 -32,000 1,514,000 -32,0�0 1,626,000 -30,000 ALT. ALT. Bid 2 BID 3 -28,000 - 7,000 - 1,900 - 6,000 -22,480 - 3,200 -24,0�0 -1�,000 -17,000 - 3,000 Seconded lx Goimcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. F7ora, public Works Director. stated these bic� were opened on April 29 and five biEls were received and the lav� btdder was Shank Mec�anical, Inc. at $1,450,000. He stated the estimate for this work was approximately $1.2 million. Mr. Flora stated the City's consultant, TI�A, is analyzing the aosts and major mnskruction Fiiases to determine if the City should award the oontract or re-ac�ertise the �xoject. �ere was s�ne c�noern e�ressed tr� the O�tmcil if the City was receiving ac�quate servioes fran Tf� as the bids were quite hic�er than the estimated �sts for this project. Mr. Flora stated swne options will have to be reviftaed such as eliminating the sludge tiank or relocating it further to the east. He stated when it is c�termined the options available, the oost wuld possibly be negotiated with the laa bidder, or to r�advertise for new bic� for this �oject. -13- L�J � � m�:.�.;s •.�. _ ��. • i: «�_u.. NDTION I� O�imcilman Goodspeed to authorize �yment of Claims No. 14094 throuc� 14271. Seaunc�d b,� Ntaicilman Srhneider. Upon a voice vote, all vating aye, N�yor Nee declared the motion carried unanimously. 19. LICENSES: FDTION tX Cowicilman Schneider to apprave the licenses as sutxnitted and as on file in the Lioense Qerk's Offiae. Seo�nded by Councilman Goodspeed, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tmanimot�sly. 20. ESTIMATES• 21 [•DTION tX Cnimcilman Fitz�atrick to ap�xwe the estimates as sutxnitted: Halvorson Construction 4227 - 165th Ave. , N. E. Anoka, M�i 55304 Misoellaneous O�ncrete Curb and Gutter Project - 1987 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . $ 5,304.42 � ,. .. • �� : w �• «� � • i . Repai r of 1.5 I+G Resexvoi r Proj ect No. 161 Partial Estimate No. 1 . . . . . . . . . . . . . IS ANENLED `11� READ AS EOLLCWS: Western Water�oofing 2838 Stevens Ave., S. Minneapolis, NN 55408 . . . $56,414.00 ReFai r of 1.5 I�G Reservoi r Proj ect No. 161 Partial Estimate No. 1 . . . . . . . . . . . . . . . . $50r773.00 Seoonded bg Coimcilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. •� � • • • «.:� ••o • y� ��• s� • i Mr. Aldrich, Fire Chief, stated two fire units were sent to 3-D Fire Apparatus in Shawano, Wisconsin for refurbishing. He stated in disssembling the imits for reFair, there was considerably more rust than was evidertt, Mr. Aldrich stated he felt, because of these oonditions, installaton of an er�tirely new hoct� would be in the best interests of the (7ty. He stated 3-D's price to install the new boa'y and cost of the material is most reasorr�ble at $2,000 per �mit and would reoommend the City -14- 0�,� � � [•r• �.y _ �� • �!�?I:]r�i � acaept this offet and wnsidec this change order. NDTION ks� Cotmcilman Schneider to apFxwe (}xange Order No. 1 with 3-D F� re ApFaratus, Shawano, Wisconsin to incre�se the mntract t� $4,000 to $59,900 for the installation of new bodies on two fire units. Seconded by Coimcilman Fitzg�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion rarried unanimously. AA70URI�NP • NDTION by Councilwanan Jorgenson to aa�ourn the meeting. Seconded by Co�ncilman Schneider. �ipon a voioe vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Coimcil of N�y 4, 1987 adjourned at 12:50 a.m Respect£ully sulmitt,ed, � ��.� �� r',�`� �--�'�'� 4role Hadcl�d, Willian J. Ne�� Secretary to the City Co�cil N�yor �� Apprwed: � _J � -15-