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09/12/1988 - 00010603�I� � � 4PlrJ� THS MTA7pTE5 OF 'i??E fZ�?1iAR NLE,TINr OF ??3E FRT_DL•EY GS'S'Y COUN('IL OF SEPTEMBER 12. 1988 The regular �eting of the Fridley City Counc�l was called to order at 7:42 p.m. by Mayor Nee. PT,F'f1C�R OF pTi.Fl;TAN(�R� Mayor Nee led the council and audience in the pledge of allegiance ta the flag. ROLL C�L�L�• Menbers Present: Mayor Plee, Council.mz�s &illings, Councilniari Fitzpatrick, Councilm�n Schneicier and Councilwomari Jorgensor, D4embers Absent: None •••�� G • 4 L 'a. ��1� u. N !. �. '�_ 'i: Counci]man Billings requestec3 that under item 1, 4:0� F.m. be changed ta 3:g0 p.m. and Richard 0'neill's name be added aftex Fatrick Reilly. MOTION by Councilman Schneider to approve the minutes with the above correction. Seconded by Councilwoman Jorger.son. Upon a voice vate, al] voting aye, Mayor Nee declared the motion carri.ed unanimously. •� �ll_�� �a �� 1� 4_?� �� M �i ':: Councilman Billings requested Terry Sharp's name be a�ded a.s one of the candidates who was re-interviewed. MOTION by councilman schneider to approve the minutes with the abcve correction. Seconded 6y Councilwoman Jorcenson, Upon n voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. :.�fl _ � : �� 1� . u _ _ � 4 .M `/_ • 0 : Councilman Billings requested a correction on page 8, req_arding spECial use permit, sp #88-08, that he voted against the rroti�n to grant this perniit. MOTI�N by Councilman Fitzpatrick to approve the m�nutes with the a6ove correction. Seconded by councilman schneicer. Upor. a voice vote, all votir.g aye, Mayor Nee declared the motion carried unanimausly. ��,�� ,l �� • �, k� 1�, u_ ?�_ � : . 1� ' ':: MOTION by Councilman Schneider to approve the minutes as pr_esentec�. Seconded by Councilwoman Jorgenson. Upoi. a vaice vote, all votir_g aye, -1- � � � ; u �1 M � 1�� u_ � � � _14au : : ' :: Mayor Plee declared the motion carried unanimc;us]y. �M4;�1,1 �I •+ � �L�, Y u.�d _; �_�l,,�o Mayox nee introduced the new City Manager, Dr. William �urns, who wiil sper.d a month in indoctrinatian before assiuning his duties as Citp Manager. MOTION by Councilman 5chneider to authorize execution of the employinent contract with William W. Burns and approve gayment af moving and relocating expenses. Seconded by Councilman Fitzpatrick. Upon a vQice vote, all voting aye, Mayor Diee declared the motion carried un�imously. &WQ�PTION OF AC'�IIVDA: Councilman Schneider requested the following item be �dded to the agenda: (23) Consideration of Restoration of the [:oore Lake P7ater Level. MOTION by Councilman Fitzpatrick to adopt the ayenda with thE above addition. Seconded by Councilman Schneider. Upon a voice vote, all votirag aye, Mayor Nee declared the motion carrie8 unanin�ously. OPIN FQR 7M. VT T SOrr. RFppgT FpR THE ARFa OF HORIZON CTRCT�r': Mayor Nee stated the City has received the regort frcmi P�iaun Engineerinq on the soil samples taken in the area of fIorizon Circle. MO'rION by Councilman Fitzpatrick to receive the report an the sail samples froan Braun Engineering. Seconded by Counci]woman Jorgenson. Upon a vo:ce vote, all vatir.g aye, Mayor D7ee declared the motion carried unanuncusly. Mr. Flora, Public Works Director, stated about a month ago, the City received information from residents en Horizor. Circle regarding problems with their homes. He stated Braun Engineerang was retair.eci to conduct sail samples and analyze the soil characteristics. Mr. Flora stated ten soil borings were taken along Horizon Circle, Ilorizon Dr�ve, and 53rd Avenue. He stated Mr. Robert Janssen of Braun Engineering was here this evening to xeview their report. Mr, Sanssen, regresenting Sraun Engineering, stated his firm was hired to perform soil borings in the area of Aorizon Circle in an effort to determine the soil encountered and the reasons for the problems experieeced by residents. He stated in their report they have outlined the conditions they encountered, explained sane of the causes, and r�nec,i�Z measures wh1Ch coulci be taken. Mr. Janssen stated soil borings were conductec ir, the roadway in front cf homes experiencing sane settling. He stated what was faund was a three to six foot layer of fat clay interbedded with sandy materials. He statecl fat clays are sub�ect to shrinkinq and with the draught, shrinkage has occurre�. Mr. Jansen stated, in most cases, large trees were ebserved near the Fx�rtion of the structure where most of the settling has occurred. E3e polntec; aut -2- a �s �1 ERSDLEY CITY GOUNCIL MEETING OF SEPTEMBER 12, 1988 that trees can absorb as much as 100 gallons of watsr per day. � Councilman Schneider asked for a definition of fat clay. Mr. Jansen stated fat clay has extremely fine grain particles and based on tests performed, it was foixnd that with �ust a 15 percent reduction Ln water content, in soils 4 feet thick that contain 65-70 percent water content, a� much as four inches of shrinkage could occur. He stated some of the clays tested exhibited 60-70% moisture content. Mr. Jansaen stated soil borings were done only in the roadway so he did not know the noisture content next to the homes. Mr. Jansen stated a solution to the problem, which involves sone risk, zs to replace the water in the clay. He stated a.f the water is replaced, it would tend to swell to the clay's natural volume. He stated this method has been used in Chicago, Green Bay, and Canada where these conditions are more typical. Mr. Janssen stated another alternative is to remove the trees. He stated from their observations, the homes where most of the cracking has occurxed have rather large trees. He stated with remcval of the trees, this may he sufficient to allow the clays to regain their moisture content. Mr. Janssen stated another alternative would be to cut a trench between the trees and structure in order to remove the existing roots and replace the trench with clean sand and some polyurethane lining which would not a11ow � the roots to grow. Mr. Janssen stated still another alternative is to drill four to six lnch auger holes into the c1ay, spaced at five foot intervals around the home, ar.d backfill the holes with a granular type sand and gravel, and then water the clay to allow it to swell. Ae stated ta rednce the risk of wet basements, as a result of adding this water to the clay, he would recommend a.nstalling some PUC pipe. Mr. Jansseti stated this alternative would require tne homeowner, when there is a dry period, to water the holes to increase the moisture in the clay. He stated there is the risk it may not work or a.t may overswell. tIe stated he would suggesT some gauges to monitor the rate of swelling. Mr. Sanssen stated if the fcundation of a home is extended beloca the clay (underpinnzng), it would remedy the problem so homeowners would not have to worry in the future. A gentleman in the audience asked if statistics were availabie on whether these alternatives would work. Mr. Sanssen stated there has been much success zn other areas of the country with underpinning. He stated the auger holes and replacing the water in the clay has not always proved successful. � Mr. Janssen stated the clay thickness in the area varies from 3 to 6 feet and the depth varies fro� 5 feet to 18 feet. He stated it is important for aach individual homeowner to determine e.xactly where the clay is located. -3- �1 "�2 FRIDLEY CITY COUNCIL MEETIIQG OF SEPTEMBER 12, 1988 Mr. Janssen stated of the ten soil borin�s taken, clay was encountered in � six. A gentleman in the audience asked what was unique about this area for this type of clay to be found in the soil. Mr. Janssen stated you generally have a silty c1ay, however, this fat clay is usually from a lake deposit. A gentleman from the audience stated he heard there was an underground creek in this area and when �cavation was done ior the baser�ents of these homes, they filled up with water. Mr. Sanssen stated he would not be surprised if there was a perched water condition on top of the clays. He stated this was not encountered within the aepths of their soil borings. Councilwoman Sorgenson stated one of the alternatives suggested was to remove the trees. She asked Mr. Janssen if he was referring to the boulevard trees or trees within a close proximity of the homes. Mr. Janssen stated a typical rule of thumb is to remove aay trees that are within a tree length of a structure. He felt if tlze trees were removed, the clays would, in time, swell back to their natural volume. Ntr. Sanssen stated the trenching would accomplish abcut the same as removing the trees, since it would disallow the roots to grow next to the foundation. � Councilman Schneider asked if the trees would have to be removed, if the auger hole alternative was chosen. Mr. Janssen stated by replacing the water �n the clay, there woulfl be enough for the trees, assuming the auger holes are maintzined which would requlre the use of 15 to 100 gallons of water a day. A gentleman in the audience asked if certain trees absorb more water. Mr. Janssen stated pine trees will, generally, absorb the least amount of water and the leafy tsees absotb the most water. Mr. Flora, Public Works Director, reviewed the results of the ten soil boring tests. He stated from these tests, it is apparent that two of the homes were built in the clay and the remaining homes have some clay somewhere below the footings. A gentleman in the audience asked if the construction being done on the freeway could have drained the area. Mr. Sansser. stated there were some pile driving being done in the freeway area and studies have shown that these drivings have no affect on the clays and sands. � A lady in the audience asked if these soil boriegs conld Ue used to proceed in having the problems corrected or if each homeowner would need additional -4- � FRI➢LEY CITY COUNCIL MEETZNG OF SEPTEMBER 12, 1988 soil borings. Mr. .Tanssen stated in the area tested, clay was found felt it would be advisable for the homeowners to have particularly in the areas where clay was encountered. 6 �1'`)� in 60 percent. He additional test�ng, The homeowner at 148 Horizon. Circle stated her home is built on the clay and a�ked how this happened. Councilwoman Jorgenson asked staff if soil samples are taken for residerxtial housing. Mr. E1ora stated they are not, as yov do i:ot have that much weight for a typical res�.dential structure. He stated in any of the larger structures, such as apartment complexes, soil borings are taken. Mr. Janssen stated structures are built on clay, however, this type of clay, or extremelp high plastic clays, are susceptible to shrinking and swelling. A lady in the audience asked if special footings are needed in clay. Mr. Janssen stated unless the contractor feels there is a problem with building capacity or settling, generally the same type of footings are � installed as in any other soil. Fle stated it is difffs.cult to determir.e this clay from another clay. He stated very seldom soil borings are taken for a single family home. Mr. Sanssen stated it is important that repairs not be undertaken until the homeowner is sure of the approach he wishes to follow. � Mr. Flora stated an option may be for the homeowner to consider insulating the foundation far the winter and installing some auger holes. Ae stated assuming this works, the clay should extend to its original condition and then the homeowner can evaluate if anything further has to be done. Mr. Janssen stated if the homeowners begin with the auger holes, it is a relatively cheap option in comparison to the underpinning and the clays may swell to their natural state. PIe stated Lf this did not work, other alternatives could be considered by the homeowners. A lady in the audience asked N!r. Janssen zf he ielt this was a sinkhole or hazardous area. Mr. Janssen stated he feels it is hazardous whenever structures are Uu71t on fat clays, but would not classify it as a sinkhole. He stated a sinkhole is a void beneath the structure and the homes do not have a void, but shrinkage due to loss of moisture. Councilman Schneider felt �t may be helpful to provide a non-technical explanation of the alternatives and make this available to the residents. Mayor Nee felt some estimates for the types of alternatives discussed should -5- 1 �� � 1 FRIDLEY CITY C011NCIL MEETING OE SEPTEMBER 12, 1988 be made available. Councilwoman Jorgenson requested staff to check on the possibility of a �educed or group rate for soil samples and if there might be a reduced rate, if the residents wished to drill auger holes. The Council scheduled a special meeting for Monday, September 19, 1988 at 7:30 p.m. at the Community Education Center to discuss this issue further. PROBLEMS AT SHOREW00➢ INN: Mr. Nicklow, owner of the Shorewood Inn, stated his business has experienced a namber of problems since construction started on the pro�ect to the north of his establishment. He introduced Yvonne Tauer to report what has taken place over the last several weeks. Ms. Tauer stated since construction began, ad�acent to the Shorewood Inn, there have been five electrical failures necessiting the r.eed for them to reset a11 their equipment which is a nuisance, as well as an expense. She stated they have been without water at the re.staurant several times. Ms. Tauer stated the most recent occurrence was the floodin� of their Uasement with raw sewage. She stated this not only caused a bad odor, but ruined their supplies. Ms. Tauer stated there are also problems with access to the Shorewood Inn due to the construction. She questioned what could be expected ir. the future and the length of the construction period. She stated they also wish to avoa.d any recocurrence of the problems they have had in the past. Mr. Nicklow stated he understands this is a large pro�ect, but felt it would be of benefit to all parties if there was better communication. He stated they have received no communication from anyone as to what they could expect during this construction. Mr. Qureshi, City Manager, stated the road construction is under the City's �urisdiction and Mr. Flora, Puhlic Works ➢irector, should be contacted regarding any concerns or questions. He stated the City will provide the name of the contractor and will advise them of the problems with the sewer line so another backup does not re—occur. Mr. Quresha. stated he would request staff to work with Mr. Niciclow on szgnage that would be helpful to them in order to try and minimize the a.mpact on their business during this construction period. Mr. Nicklow stated he is not here to complain, but to let the City know what problems they are experiencing. PIIBLIC HEARINGS: PUBLIC HEARING ON 1989 BUDGET: MOTION by Councilman Schneider to waive the readind of the public hearizig notice and open the public hearing. Seconded by Councilwoman Jorgenson. � �,M� �� r t ' � � � "1`)5 FRIDLEY CITY GOUNCIL MEETING OE SEPTEMBER 12, 1988 Upon a voice vote, all voting aye, Mayor Pdee declzred the r,�otion carrled unanimously and the public hearing opened at 9:28 p.m. Mr. Qureshi, City Manager, stated this budget provides for a General Fend of $7,892,525 which is a 3.9 percent increase over the 1988 budget. He stated the same level of services would be provided with some minor ad�ustaent in special operations in the Police functions. fle stated a fell-time Crime Prevention Specialist and a Code Enforcement Officer are authorized in the budget. Mr. Qureshi stated under Capital Imprwements, the Council has directed that construction of another satellite fire station be scheduled for 1984, rather than 1990, and is included in this budget. He stated a firing range for the Police Department is also prwided for in rhe budget. Mr. Qureshi stated funds for a park shelter in Creekridge Park has alsa 6een provided which amounts to about $10,00D. Mr. Qureshi stated this year the State Legislature has changed the whole levy calculation formula, referred to as tax capacity. Councilman Schneider asked if this budget was based on mills, as in the past, what would be the variation as compared to Iast year's budget. Mr. Qureshi stated o�;er the last several years, the Ccuncil's position l�as heen to maintain a mill rate betweer 14 and 15. Ae stated the present mill rate is 14.992 and it is estimated this budget would be zn the area of 15.3, if mill rate was used in the calculataons, He stated there are so many variables, it is difficult to provide an exact figure. Mr. Qureshi pointed out that the City last year received about 12.6 percent of the total taxes collected and if thie budget is adopted, the percentage will remain �.n this general area. CouncLlman Schneider asked a.f there are iunds allocated for additional we11s. Mr. Qureshi stated the Utility Fund would provide for these wells and it would not come out of Capital Improvements. Councilwoman Jorgenson stated the VFW Post 363 receirtly donated a pickup truck for a grass fire vehicle. She noted in the Fire Department budget, funds were not �r.cluded to provide equipment for this vehicle. Mayor Nee suggested possibly funds be used £rom the Unappropriated Reserves for 1988. He felt the truck should be adequately equipped. Mr. Qureshi stated the Fa.re Uepartment has an old grass fire vehicle tkat is fully equipped and some of this equipment will probably be used on the new truck. He stated it has been sugggested that possibly some organzzations in the City may contribute to this equipmen.t. He felt if the City �_s to provide all the equipment, funds from the 1988 budget should be used. Mr. Aldrich, Fire Chief, stated there have been groblems with the vehicle they have as it is 30 years old. He stated the cost to equip the new trucl: -7- �,1 ���; ERIDLEY CITY COUNCIL MEETING OE SEPTEMBER 12, 1988 � would be less than $10,000 which would include some modification work. Mr. Qureshi stated the specifications could be prepared and quotes obtained. He felt staff should also check the possibility of donatzons to equip the vehicle and if this cannot be accomplished, the Council fund the equipment from the 1988 budget. No persons in the audaence spoke regarding this proposed 1989 budget. MOTSON by Cour.cilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. IIpon a voice vote, a11 voting 2ye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:48 p.m. 2. pUBL2C: HEARING ON STREET IMPROVEMENT PROSECT ST. 1987-1: MOTION by Councilman Fitzpatrick to waive the reading of the publlc hearing notice and open the pu6lic taearing. Seconded by Councilman Schneider. IIpor_ a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 5:48 p.m. Mr. Pribyl, Einance Director, stated this pro�ect involved a variety of miscellaneous pro�ects in the City. He stated about hali of the prc�ects were the final overlays from previous pro,7ects, whlch have already been ' assessed. He stated the one exception is the final overlay on the East River Road Service ➢rive from 51st to 53rd and petitioned for by River Road Investors. Mr. Pribyl stated the other half of the pro�ects involved pro�ects on behalf of the City itself such as construction of Community Park Parking Lot II, an overlay of the Earr Lake Bikeway/L7alkway and an overlay of the Commons Park Tennis Courts. Mr. Pribyl stated the total cost of these pro�ects is 5224,928.65 and the only property to be assessed is Aiver Road Investors at a cost of $20,750. He stated the assessment wall be spread over a ten year period at an interest rate of 8-1/2 percent. No persons in the audience spoke regarding this assesss�ent. MOTION by Councilman Billings to close the public hearing. Secouded by Councilman PLtzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the publrc hearing closed at 9:50 p.m. 3. PUBLIC HEARING ON 1988 SEAVICE CDNNECTIONS: MOTION by Councilwoman .7orgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Eitzpatrick. Upon a voice vote, all voting aye, Mayor Dlee declared the motion carried unanimously and the publa.c hearing opened at 9:50 p.m. � Mr. Pribyl, Finance Director, stated each of these properties have connected to City water and/or sewer without having previously paid a lateral charge. He stated a11 property owners involved in thi� assessment roll have signed � � 11 `3 i FRIDLEY CITY COUNCIL MEETING OE SEPTEMBER 12, 1988 � agreements agreeing to the principal of these lateral charges. Mr. Prlbyl stated the total amount to be assessed is $10,150.66 ar.d will be spread over a 15 year period at an interest rate of 8-1/2 percent. No persons in the audience spoke regarding this assessment. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Maycr Nee declared the motion carried unanimously and the public hearing closed at 9:51 p.m. 4. pUBLIC HEARING ON STORM SEWER AND WATER MAIN PROJE('T N0. 169: MOTION by Councilman Eitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. tipon a voice vote, all voting aye, Mayor Nee ueclared the motion carried unanimously end the public hearing opened at 9:51 p.m. Mr. Prihyl, Einance Da.rector, stated this pro�ect involved construction of watermains to connect the mains servicing the businesses north of 694 with the existing mains south of 694. He statec� requests were received from FMC, M�caell Graphics, Longview Eibre, and LaMaur ior installat�_on of these watermains. Mr. Pribyl stated the total cost of the pro�ect is $365,00°.73 � and the City's share is $160,880 which wi11 be paid from the Water Utility Fund. He stated a sma11 portion of this pro�ect involved the extension of an existing stor� sewer system to correct an erosion problem on a slope on Glen Creek Road and this portion of the pro�ect cost of $8,019 wi11 be paid from the Storm Water Utility Fund. Mr. Pribyl stated the cost wlll be assessed over a 20 year period at an interest rate of 8-1/2 percent. No persons in the audience spoke regarding this assessment. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:54 p.m. 5. pUBLIC HEARING ON STREET IMPROVEMENT PROJECT ST. 1988-1 & 2, ADDENDUM N0. 1 (VIRON ROAD): MOTION by Councilman Schneider to waive the reading o� the pLblic hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unar_imously and the public hearing opened at 9:54 p.m. Mr. Pribyl, Finance ➢irector, stated this pro�ect involved the decorative street lighting on Viron Road and the widening of Highway 65 East Service Drive irom 73rd Avenue to the north side cf 73-1/2 Avenue; and installation of curb and gutter along the west side of Viron Road. � Mr. Prihyl stated petitions were received iros the property owners for these improvements and the total cost of the pro�ect was $52,096 which will be assessed over a 10 year period at an interest rate of 8-1/2 perceirt. � � 7. 1 � FRZDLEY CITY COIINCIL MEETING OF SEPTEMBER 12, 1988 No persons iu the audience spoke regarding this assessmert. MOTION by Councilman Schnea.der to close Councilwoman Sorgenson. Upon a voice declared the motion carried unanimously 9:56 p.m. OLD BIISINESS: ��1`f�3 the yublic heaxing. Seconded by vote, all voting aye, Mayor Nee and the public hearing closed at At this time, Item 7 was considered before Item 6 as both these items involve the same property. Item 7 was the rezoning and Item 6 was a variance. GENERAL nTrnrmno � A REZONING, ZOA �k88-01, TO REZDNE EROM R-3 CR-1, GENERAL OFFICE, ON PART OF LOTS 2 AND 3 THE SAME BEING 1001 HILLWTND AOAD N.E., B Mr. Robertson, Community Development Director, stated the Council approved the first reading of this ordinance, with stipulations, at their August 8, 1988 meeting. He stated the City Attorney was asked to review the grocess for implementing Stipulations 2 and 3. Htr. RoUertson stated the Council has a copy of the City Attorney's response and suggeetlon to add Items 7 and 8 as a condition of the rezoning. Mr. Newman, Assistant City Attorney, reviewed Stipulations 7 and 8 pertaining to Restrictive Covenants and the Certificate of Cccupancy. Councilman Schneider stated he understands the intent of Stipulatiou No. 8, but if the huilding is constructed and a Certificate of Occupancy has not been issued, an office building would be located on R-3 property. Mr. Newman stated it would be a non-conforming nse, however, it may be necessary for the Councal to extend that deadline of June 1, 1990, Councilman Schneider stated once construction Uegins on the buildzng, it would be awkward for the rezoning not to proceed. Mr. Newvlan stated he is trying to give the discretion to the Council by adding Stipulata.ons 7 and 8. Mr. Aobertson stated there is no on-street parking in this proposal. He stated the petitioner brought in a copy of an agrees�ent to provide the entire parking on-site. Councilman Schneider stated Council requested a copy of the agreement with the apartment owner regarding parking and asked if it was 2vailable. Mr. Itobertson stated it was his understanding the Council was satisfled with the agreement the petitioner has with the Lenant. He stated he did not l:now the Councal wished a copy of the agreement with the apartment owner. -10- t�i'�� FRIDLEY CITY COUNCIL MEETING OE SEPTEMBER 12, 1988 � Councilman Schneider asked if there was a problem with the paxking how it would be resolved. Mr. Newman stated it would be difficult. He stated he assuraes before the plans are approved, there has to be sufficient evidence that staff believes there wi11 be suffficient on-street parking. Mr. Robertson stated there has been a charge in the final building plans and the square footage has heen reduced from 32,000 square feet to 2II,D00 square feet. Councilman Schneider asked if this building meets all the code requirements for parking with the mixed use that is proposed. Mr. Robertson stated it does meet all the requirements. Councilman Billings stated the parking problem that could occur is when Merrill Lynch Realty conducts their neetings with their saies representatives. He felt with reducing the square footage, there Ls less demand for parking by the other tenants. He stated the petitioner alsc has an agreement with Merrill Lynch Realty that they would not use any more parking than what they were allotted. He felt also with the restrictiye covenants it adequately protects the City. ' Ms. Stinski, the petitioner, stated she did not have a signed agreement, but a verbal agreement from the Resident Manager of the apartment comple:; that they can use ten spaces, if they are needed. Mayar Nee stated the rezoning is contingent an certain restrictive covenants and if the Council approves the second reading this evening and it is published, will or wi11 not the property be rezoned. Mr. Newman stated it is contract rezoning and rezoned for this particular use. He stated to make sure this is understood by any third party is why the City is requiring the filing of the restrictive covenant�. He stated the rezoning, for all practical purposes, will take effect after the Council's action to approve it, but the building permit will not be issued until the restrictive covenants are filed. Ae stated there are real estate tatle questions to be considered and if the financing should fall through, the City is not encumbering the property. Councilman Schneider questioned if the City will eLther have this particular building or the property will remain as it is presently zoned, t4r. Newman answered in the affirmative. MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 916 on the second reading and order pu6lication, with the fellowing stipulations: (1) the vacated house on the rezoned parcel should be removed from the site prior to the publishing of the rezoning ordinance; (2) the ' proposed rezoning is for the development as outlined on the attached site plans and elevations only; (3) the petitioner or her agent agrees to manage the leasing of the office space in a fashion which would not create a need for on-street parking. Should on-street parkang result, the City may sign �f_C � �Z�.0 FRIDLRY CITY COUNCIL MEETING OF SEPTEMBER 12, 1988 � the street as "no parking" and require that additional stalls be made avaLlable or the need be reduced; �4) petitioner to work with staff on landscape refiner,ients and have an agreed upon plan; (5) petitioner to supply a storm drainage plan which meets staff approval; (6} petitioner to supply a performance bond or letter of credit in the amount of three pexcent of the constructaon value prior to issuance of a 6uilding permit; (7) that this rezoning is conta.ngent upon the property owner filing Restricta.ve Covenants against the sub�ect property providing for the following; (a) that the property will only be used for the construction of a building that fully conforms with and complies with those site plans and elevations which are on file with the office of the Director of Community Development for the City of Fridley; and (b) that the property owner yaarrants that all tenants, visitors, or occupants of any building constructed on the premises will not park in the street while using or visiting the building. Further, the owner will take any and all steps which are necess2ry so as to insnre that there is not any on-street parking; and (8) in the event that a Certificate of Occupancy is not issued on or before Sune 1, 1990 by the City for the building described above, then this rezonir.g shall be automatically terainated and the zoning classLfication for the property shull revert to the original zoning classification of R-3, General Multiple Dwelling. Seconded by Councilwoman Jorgenson. Upcn a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimou�ly. � 6. CONSIDERATION OE A VARIANCE, VAR �k88-03, TO REDUCE THE WIDTH OE THE SCREENING STRI.P BETWEEN COMMERCIAL AND RESIDENTIAL DISTR7CTS FROM 15 EEET TO 5 FEET ON THE EAST AND NORTH SIDES OF THE PROPERTY TO ALLOW THE CONSTRUCTION OF AN OEFICE COMPLEX ON LOT l, BLOCK 1, HILLWIN➢ ADDITION, THE SAME BEING 941 HILLWIND ROAD N.E.. AND ON LOT 3. AUDITOR'S SUBDIVISION N0. 25. THE SAME MOTION by Councilman Schnea.der to concur with the unanimous recommendation of the Appeals Commission and grant Variance, VAR 9188-03. Secoaded by Councilwoman Sorgenson. Upon a voice vote. all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 8. CONSIDEAATION OF SETTING PUBLIC HEARING FOR POSSIBLF REVOCATION OF SP 4P77-04, APACHE CAMPING CENTER: Mr. Robertson, Community ➢evelopment Director_ stated staff was going to suggest a public hearing date of October 3, 1988 regardir_g the possible revocation of this special use permit. He stated, however, that the owner of Apache Camping Center will be on vacat�_on at this time and requested the hearing be set for October 17, 1988, MOTION by Councilman Fitzpatrick to set a public hearing for October 17, 1988 for the possible revocation of Special Use Permit, SP 4677-04. Seconded ' by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Dlee declared the motion carried unanimously. 9. �ONSIDERATION OF AN EXTENSION QF A SPECIAL USE PERMIT, SP �P86-15, TO ALLOW A -12- � x1:�1 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 1988 ' DAYCARE EACILITY; TO ALLOW AN AUTOMOBILE PARKING LOT EOR OFF—STREET PARKING SPACES: TO ALLOW HOSPITALS. CLTNICS. NURSING HOMES, CONVALESCENT HOMES AND CQMPLESION DATE OE STI �� Mr. Robertson, Community Development Director, stated the Council granted special use pexmit, SP ii86-15, to the North Suburban Hoepital n1strict wrth certain stipulations, several of whxch required exterior improvements to Lhe property by June 3D, 1988. He stated due to delays in acquiring the property, the District requested, and the Councxl agreed, to extend the date fcr these improvements to be comgleted tc September 30, 1988. Mr. Robertson stated a request has now been received from the District to again extend the date by which the improvenents required under SP �k86-15 are to be completed to September 30, 1989, as the District has not yet determined whether they will be able to proceed with the renovation and improvements to the church building on the property. MOTION by Councilman Billin�s to grant an extension until Septembcr 30, �989 for completion of stipulations 1, 2, .3, 6, 7, 8& 9 under Special IIse Permit, SP �'k86-15. Seconded by Councilman Fltzpatrick. Councilwoman Jorgenson questioned Betty Wall as to how their plans were � proceeding for the day care facility. Ms. Wall stated they were e�cperiencing a lot of problems and it is not clear yet whether they would be able to proceed. IIPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION �F CHANGE ORDER N0. 3 FOR STREET IMPROVEMENT PROJECT ST. 1988-1 & 2: Mr. E1ora, Public Works Director, stated this change order approved by the HRA at the September 8 meeting is r,ecessary to zncorporate changes in the signal system at Rice Creek Road and T.F.. 65, which have been orderea by the Minnesota Department of Transportation, and additional eoil corrective wark in Rice Creek Road. fie stated this change order will increase the cost of the Race Creek Road pro�ect by $52,095.50. MOTION by Councilman Schneider to approve Change Order No. 3 fcr $52,095.50 with C.S. McCrossan Construction Co., Inc, for Street Improvement Pro�ect ST. 1988-1 & 2. Seconded by Counca.lwoman Sorgensen. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanisouslv. 11. CONSIDERATION OF TERMINATING THE TEMPORARY WATER BAN; ' Mr. Flora, Public Works Director, stated when the Council adopted the resolution for the sprinkling ban, the City was pumping 16 millicn gallons of water per day and, with the ban, it dxopped to 8 million gallons per day. He stated, presently, the City is pumping about 12 million gallons a day. —13— ' S p�� r ERIDLEY CITY COUNCIL MEETING DF SEPTEMBER 12. 1988 Mr. Flora stated the ground water aquifier bas lost some depth and it will be years before it is replenished, however, the City's wells are not now adversely affected. MOTION by Counciiman Fitzpatrick to approve the termination of the temporary watering ban. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mr. Elora stated there is also an ordinance covering sprinkling in the City and asked if the Council wished any changes in this area. It was the concensus of the Council that the ordinance should he modified to refelct present conditions, and requested staff to suUmit any changes that may be necessary. 12. CONSIDERATION OE A POSSSBLE LOCATION OF A SECOND SATELLSTE EIRE STATION LOCATED ALONG �AST RIVER ROAD: Mr. Qureshi, City Manager, stated the possibility of a second satellite fire station has been discussed and the Council included this item in the 1989 budget. He stated what is being proposed i� a secor.d satellite station at Osborne Way and East River Road. Councilman Fitzpatrick felt he would like addztional time to study this � issue and the proposed location. He felt as far as the ampact on the residential area, it would seem a fire station at the south location would have a greater impact than one located on the north. Councilman Billings also suggested that possibly the parking lot configuration could be changed by utilizing property to the south. ' 13 Councilwoman .Torgenson asked when construction would begin, if the Council authorizes approval. Mr. Qureshi stated if the Council wishes to proceed, the County would be contacted regarding the property and bids would be advertised for the potential construction starting in Novemher of this year. Councilwoman Sorgenson asked if plans may have to be modified due to the intersection improvements at this location. Mr. Qureshi stated there probably would only be minor ad�ustments. Mr. Aldrich, Fire Chief, stated his thoughts would be to use tk.e same materials and design as the new satella.te fire etation on Central Avenue. He felt this way, the City would not need an architect. MOTION by Councilman Bilings to table this item to the next regular meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDFRATION OF RECEIVING THE FRIDLEY URBAN DESIGN STANDARDS BOOKLET: -14- '�1 i � FRIDLEY CITY COIINCIL MEETING OE SEPTEMBER 12, 1988 ' MOTION by Councilwoman Jorgenson to table this itea to the Conference Meeting. Seconded by Councilman Schneider. Lpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson and Councilman Schneider vciced concern about these design standards covering residential uses. It was their ieeling this issue had to be addressed and they were concerned about the implesentation. Mr. Qureshi, City Manager, stated this �s uot what is intended, but to address only commerical and industrial uses. 14. RECEIVING BIDS AND AWARDING THE CONTRACT FOA THE MOORE LAKE WEST BASIN AERATOR: Mr. Flora, Public Works Director, stated three bicls were received for the Cascade aerator for the west basin of Moore Lake. He stated the low bidder was Sevcon, Inc, for $15,476, and recommend the contract be awarded to them. Mr. Elora stated this is the type of aerator recommended by the Department of Natural Resources and stated the equipsent is located on land on the south end of the West Basin. Councilwoman Jorgenson voiced a concern about the appearance of this aerator and indicated she would like to see some pictures of some. � MOTION by Councilman Schneider to table thzs item to the next seeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votig aye, Mayor Nee declared the motion carried unanimously. 15. RESOLIITION N0. 77- SN THE UNSVERSITY AVENUE CORRIDOR LMPROVEMENT Mr. Elora, Public Works Director, stated this resolution would a11ow staff to work wth the Department of Transportation for participation in the University Avenue Corridor Improvement Pro�ect. MOTION by Councilman Fitzpatrick to adopt Resolution No. 7�-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor P]ee declared the mota.on carried unanimously. 16. RESOLUTION N0. 78-1988 CONFIRMING ASSESSMENT EOR STREET IMPROVEMENT PROJECT ST. 1987-1: MOTION by Councilman Schneider to adopt Resolution No. 78-1988. Secondea by Counctlwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION N0. 79-1988 CONEIRMING ASSESSMENT FOR 1988 SERVICE CONNECTIONS: � MOTION by Councilman Schneider to adopt Resolution No. 79-1988. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee -15- ' ��� 1.^� FRIDLEY CITY COUNGIL MEETING OF SEPTEMBER 12, 1988 declared the motion carried unanimously. 18. RESOLUTION N0. 80-1988 CONFIRMING ASSESSMEIVT FOR STORM SEWER AND WATER MAIN PROJECT N0. 169� 19. MOTION by Councilman Schneiaer to adopt Resolution Na. 80-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Nayor Nee declared the motion carried unanimously. C IMPROVEMENT PROJECT ST. 1988-1 & 2. ADDENDUM N0. 1 MOTION Uy Councilman Schneider to adopt Resolution No. 81-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votir.g aye, Mayor Nee declared the motion carried unanimously. 20. CLAIMS' MOTION by Councilman Sillings to authorize payser.t of Claims No. 22131 through 22432. Seconded by Councilman Schneider. Upon a vc�.ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. LICENSES• MOTION by Councilman Schneider to approve the licenses as suUmitted and as ' on file in the License Clerk's Office. Seconded by Councilwoman Sorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the notion carried unanimously. 22. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submztted: Smith, Juster, Eeikema, Malmon & Haskvitz 6401 IIniversity Avenue N.E., Suite 301 Eridley, MN 55432 - For Services Rendered as City Prosecutor for the PSonth of Sune, 1988 . . . . . . . . . . . . $ 8,263.00 E.A. Hickok & Associates 545 Indian Mound Wayzata, MN 55391 Moore Lake Pro�ect Partial Estimate . Partial Estimate . TOTAL . . . . . . . . . . . . . . . . . $ 172,89 . . . . . . . . . . . . . . . . . $ 554.11 726.90 ' Sunde Land Surveying, Inc. 9001 Sloomington Ereeway -16- � �11� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 1988 ' Sloomington, NIN 55420 Street Improvement Pro�ect 1986-,�kl&�i2 Partial Estimate . . . . . . . . . . . . . . . . . . $ 1,049.50 C.S. McCrossan, Inc. Box 247 Maple Grove, MN 55369 Street Improvement Pro�ect 1988-�k1&�k2 Estimate No. 3 . . . . . . . . . . . . . . . . . . . $153,238.33 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. CONSIDERATION OF RESTORATION OF THE MOORE LAKE WATEA LEVEL: Councilman Schneider stated because water useage has decreased in the City, he felt it would be advisable ta try and raise the water level in Moore Lake. MOTION by Councilman Schneider to direct staff to begin the proeess of slowly raising the level of Moore Lake and, specifically, not to block the culvert between the east and west basin. Seconded by Gouncilwoman Sorgenson. , Councilwoman Sorgensan stated earlier this year, the City did not add water into Moore Lake thinking the Fhosphorous level would adversely affect the lake. She stated it since has been found this is not true. Councilwoman Jorgenson asked that the residents on West hloore Lake Drive be notified that the City is raising the water level in the lake and for staff to also address the phosphorous issue so residents know that it does not affect the water quality of the lake. MOTION by Councilman Billings to amend the motion to have staff slso examine Aarra.s Lake and Locke Lake. MOTION FAILED FOR LACK OF A SECOND. Councilwoman Jorgenson stated one of the reasons for raising the water level of Nloore Lake is 6ecause of the Dartek material installed in the lake. Councilman Schneider stated the City has a significant public investment in Moore Lake and felt it should be protected. UPON A VOICE VOTE TAKEN ON THE ABOV� MOTION, all voted aye, and NIayor Nee declared the motion carried unanimously. ADJOURNMENT - MOTION by Councilman Schneider to ad�ourn the neeting. Seconded by ' Councilwoman Jorgenson. IIpon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously and the Regular Meeting of the -17- � ' � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 1988 Fridley City Council of September 12, 1988 ad7ourned at 11:15 p.m. Respectfully submitted, .�� ,���.�� Carole Haddad, Secretary to the Citq Council Approved: Qi[:� . �l � /�,�C����.v� � ��'- �� William �, Plee Mayor � f11f