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07/09/1990 - 000083091 TAE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF � JIILY 9. 1990 The Regular Meeting of the Fridley City Council was called to order at 7:44 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 18, 1990: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. ' ADOPTION OF AGENDA: Mayor Nee requested Item 16 be deleted and to add an Item (23A) for the issuance of an advance payment to the Rice Creek Watershed District in the amount of $20,000 (Locke Lake). MOTION by Councilman Fitzpatrick to adopt the agenda with the above revisions. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PETITION NO. 11-1990 REGARDING SPEEDING AND RECKLESS DRIVING ON TROLLHAGEN DRIVE: Ms. Cheryl Kolodge, 1473 Trollhagen Drive, presented a petition to the Council for the installation of stop signs at the intersections of Trollhagen Drive and St. Moritz and Windemere. She stated the residents are concerned with the use of Trollhagen Drive for speeding and reckless driving. MOTION by Councilman Billings to receive this Petition No. 11-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 2 FRIDLEY CITY COUNCIL MEETING OF JULY 9, 199� PAGE 2 � Ms. Kolodge stated that Cynthia Majerle's son was hit by a car last year, and her two sons were almost hit this year. Ms. Cynthia Majerle, 1470 Trollhagen Drive, stated that she felt the placement of a stop sign or signs would reduce the likelihood of a fatality on their street. She stated that her child was on the curb when he was hit, and two other children were almost hit in their driveway. She felt St. Moritz would be one choice for a stop sign and possibly another stop sign at Windemere Drive. Councilwoman Jorgenson asked if any license numbers have been obtained on the speeding vehicles. Ms. Majerle stated that the cars go by so quickly that they are unable to obtain a license number. Councilman Schneider asked i£ the property owners at the intersections where they would like stop signs installed had been contacted. Ms. Majerle stated that the property owners were contacted, and they are not opposed. She stated that the property owner on Trollhagen and St. Moritz was very much in favor as he is also concerned about his childrens' safety. 1 Ms. Majerle stated that Trollhagen Drive is a throughfare for persons who do not live in the neighborhood. She stated that they were told by one police officer that Trollhagen has the most complaints of speeding vehicles. Councilman Billings stated that certainly Trollhagen is one street that has speeding cars, however, it is not unique to this street alone and is one of the biggest complaints heard at neighborhood meetings. He stated that on 52nd there are stop signs at both Buchanan and Taylor, however, this does not stop the speeding. Ms. Kolodge stated that the neighborhood is changing, and younger families are moving into the area. She felt some signage referring to children at play would also be beneficial. Councilman Billings stated that the petition will be submitted to City staff for review and recommendation before a decision is made by the Council. STOP SIGN AT 77TH AND MAIN STREET: Mr. Dick Harris, 6200 Riverview Terrace, requested a stop sign at 77th and Main Street. He stated that when Osborne Road was under construction, the County installed a temporary sign. He stated 1 that most people think it is a four-way stop, and he felt there was a need for the stop sign. 3 FRIDLEY CITY COUNCIL MEETING OF JULY 9. 1990 PAGE 3 � Mayor Nee asked Mr. Harris to send a letter outlining his request for this stop sign. PUBLIC HEARINGS: 1. PUBLIC HEARING TO AMEND SECTION 205.17.03.0 {THE M-1, LIGHT INDUSTRIAL ZONING DISTRICT) AND SECTION 205.18.03.0 (THE M-2 HEAVY INDi7STRIAL ZONING DISTRICTI OF THE FRIDLEY ZONING ORDINANCE. BY ADDING LANGUAGE REGARDING LOT COVERAGE REOUIREMENTS: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:02 p.m. Ms. Dacy, Planning Coordinator, stated that this amendment to the M-1 and M-2 zoning districts pertains to lot coverage and provides for a special use permit application to be filed to exceed the maximum lot coverage. She stated that the code now provides for a maximum lot coverage of 40 percent, and the amendment would allow up to a maximum of 50 percent coverage for a one-story building. She stated that the percentage of coverage would be different with � a multi-story building. Mr. Dick Harris, 6200 Riverview Terrace, stated that he felt the proposed amendment was a little confusing. He stated that as he reads the ordinance, the lot coverage could be increased by lo percent, and the code now provides for a maximum coverage of 40 percent. Therefore, it seems it could be increased to a maximum of 44 percent. Councilman Billings stated that he would agree with Mr. Harris. He stated that he knew the intent, but it may be interpreted the same way in which Mr. Harris interprets it. He felt that if the ordinance is given first reading, the language should be clear before the final reading to avoid any misunderstandings. Mr. Harris questioned why the change is being made in the ordinance. He stated that the City has lived with a 40 percent lot coverage for many years. He stated that it seemed to him the limiting factor was not the lot coverage, but the setbacks and parking requirements. Mayor Nee stated that applications were being received for variances which really did not meet the criteria. He stated that it was felt there should be a method to provide for an adjustment based on good judgment and by using the special use permit process. � � FRIDLEY CITY COUNCIL MEETING OF JIILY 9. 1990 PAGE 4 1 Councilman Billings stated that there were situations in the past where businesses in Fridley had outgrown their facilities and requested variances for the lot coverage, even though they maintained the required setbacks. He stated that the difficulty was proving a hardship and, in some cases, the variance was denied. He stated that this resulted in the loss of business for the City. He stated it was felt that with the special use permit process, the Council would have a little more latitude. Mr. Harris felt that this amendment could be discriminatory to some businesses. He stated that the lot coverage cannot be increased for a few, but for everyone. Councilman Billings stated that there was discussion about raising the maximum aoverage, but there was hesitation about doing so without knowing the full impact. He stated that by using the special use permit process, this can be monitored to determine if it is workable. Mr. Harris asked if he applied for a special use permit to go to a 45 percent lot coverage for his property, what is the criteria for approving or denying the special use permit. Councilman Billings stated that the special use permit process 1 would be used to bring a piece of property into compliance with the code. Mr. Harris stated that is the point which he wanted to bring out and felt it was blackmail. Councilman Billings stated that the special use permit process allows the Council to hring groperty into compliance with the code in order to make it compatible with other properties. Mr. Harris stated that he felt the Council will have some problems with this lot coverage amendment. Councilman Billings stated that is a possibility, and if this is the case, it can be changed. He stated that the number of requests before the Council have not been that great, but there have been difficult decisions where, in most cases, a business has outgrown their building and cannot expand. He stated that this leads to vacant buildings in the City. Mr. Harris stated that he was glad that the vacant buildings have become a concern of the City. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting ' aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:17 p.m. � ' ' 5 FRIDLEY CITY COUNCIL MEETING OF JULY 9. 1990 PAGE 5 2. PUBLIC HEARING TO AMEND SECTIONS 205.03.55, 205.09.05, 205.17.05. 205.18.05, AND 205.22.06 OF THE FRIDLEY ZONING ORDINANCE TO PERMIT NINE FOOT WIDE PARKING STALLS IN CERTAIN DISTRICTS AND TO RE UIRE PARKING SPACES TO BE DOUBLE-STRIPED: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:17 p.m. Ms. Dacy, Planning Coordinator, stated that the Planning Commission, City staff, and Council reviewed parking stall widths for a variety of uses. 5he stated that after this review and discussion, it is proposed that the parking stall width be reduced to nine feet in R-3, M-1, and M-2 zoning districts and in an S-2 district, if a special use permit is approved. Ms. Dacy stated that the definition of a parking stall is also amended to state that parking stalls shall be striped in accordance with the design on file in the office of the City Engineer. She stated that instead of a single stripe, parking stalls will be striped with a double stripe. Mr. Dick Harris, 6200 Riverview Terrace, questioned where the double stripe should be placed. Councilman Billinqs stated that from the very left hand edge of parking stall No. 1 to the left hand edge of parking stall No. 2, there should be nine feet or £rom the center of parking stall No. 1 and the very center of parking stall No. 2, there should be nine feet. Mr. Harris thought that perhaps before the ordinance is passed, this should be tried on the City's parking lot. Councilman Schneider asked if he had a problem with this portion of the ordinance and if he sees a biq cost faator. Mr. Harris stated that he does see a cost factor, but was concerned if this relates to new parking lots or existing parking lots. Ms. Dacy stated that it would apply to all new construction and if property owners apply for building permits, they would be required to double stripe at that time. Mr. Harris stated that as he reviews these two proposed amendments regarding lot coverage and reduction in the size of parking stalls, it allows an increased size of a building by reducing the size of the parking stalls. Councilman Schneider stated that in reviewing the width of parking stalls in other communities, no one has larger than a ten foot A � FRIDLBY CITY COUNCIL MEETING OF JULY 9, 1990 PAGE 6 , stall and some are even less. He stated that the Council is trying to cope with the reality of redevelopment and how to meet the parking requirements. He stated that this appears to be a workable approach, and it also brings businesses into compliance who already have nine foot parking stalls. Councilman Billings stated it was found that over 60 percent of businesses in Fridley have their stalls striped at nine feet, even though the code calls for ten feet. Mr. Harris stated, in his own mind, he is not sure that a ten foot wide parking stall is such a bad idea. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:30 p.m. 3. PUBLIC HEARING ON ISSUING AN ON-SALE BEER LICENSE TO NICKI'S TAP LOCATED AT 5895 UNIVERSITY AVENUE N.E.: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared � the motion carried unanimously and the public hearing opened at 8:3o p.m. Mr. Pxibyl, Finance Director, stated that this is an application for an on-sale beer license to be issued to Arnold's under the business name of Nicki's Tap. He stated that Mr. Larry Anderson, Vice President and Secretary, is present to answer any questions. Mr. Anderson stated that their company has leased this property since 1985 when it opened as Arnold's, and it has since been changed to Benjamin's. He stated that the conversion has really not been that success£ul, and they would like to try another concept, Nicki's Tap. Mr. Anderson stated that they would have a limited menu and hours of operation would be from 11 a.m. to 11 p.m., Monday through Saturday, and 5 p.m. to l0 p.m. on Sunday. He stated that the restaurant would be geared towards a family operation, and they would serve pizza. He stated that this is the reason they would like the on-sale beer license. Councilwoman Jorgenson asked Mr. Anderson if he was aware that there was an Alano Society several doors away. She stated that this is a concern and did not feel comfortable with serving beer in that neighborhood. She stated that when the Alano Sooiety built , their facility, they spoke with the owners of Zantigo to make sure no liquor would be served on the premises as it was located next door to their building. 7 FRIDLEY CITY COUNCTL MEETING OF JIILY 9. 1990 PAGE 7 � Mr. Anderson stated that he thought about this issue himself. However, serving of the beer would be very low key as a beverage to go with the pizza. He stated that he has not been contacted by anyone from the Alano Society. Councilwoman Jorgenson asked if the Alano Society was notified about the potential beer license at this location. Mr. Pribyl stated that there was a public hearing notice published in the newspaper. Councilwoman Jorgenson thought the Alano Society should be contacted regarding this application for the on-sale beer license. She thought that perhaps it may be more beneficial if this restaurant were open longer hours and served coffee and desserts, rather than beer. Mr. Anderson stated that he felt if this was a problem, someone from the Alano Society would have been here this evening. He stated, however, he would be happy to contact the person in charge. He felt that the beer is an integral part of their restaurant operation. Councilman Schneider stated that he is sympathetic with � Councilwoman Jorgenson's concerns, but even if there was an objection he questioned if that would be a valid reason to deny the license. He stated that the property is properly zoned for a restaurant operation, and it woulfl seem, the only grounds for denial of the license would be improper operation or a history where the owners cannot control their problems. Mr. Herrick, City Attorney, stated that he would tend to agree with Councilman Schneider's comment. Councilman Billings stated that he would like staff to contact the Alano Society to notify them of this application for a beer license. He stated that he also respects Councilwoman Jorgenson's concern, but hears what the City Attorney is saying regarding the Council's discretion. He stated that he would like to be sure, however, that the change Mr. Anderson is proposing is well received by the neighborhood. Mr. Anderson stated that the Oriental House also serves beer and is located a few doors to the south of the Alano Society. He stated that when the Alano Society constructed their building, they looked to them as potential customers and did not want to do anything to deter the relationship. MOTION by Councilwoman Jorqenson to close the public hearing. 1 Seoonded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:40 p.m. � ' , FRIDLEY CITY COUNCIL MEETING OF JULY 9, 1990 PAGE 8 Councilwoman Jorgenson requested City staff to notify the Alano Society regarding this beer license application. Councilman Sillings stated that, give some thought to restricting He stated that he would not want of beer becoming the main focus. OLD BUSINESS• possibly, the City Attorney could this license to a menu item only. a bar installed with the serving 4. ORDINANCE NO. 950 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS: MOTION by Councilman Fitzpatrick to waive the reading of Ordinance No. 950 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. COMMISSION VACANCY FOR CITY COUNCIL CONSIDERATION: MOTION by Councilman Fitzpatrick to receive the resignation of Paul Westby from the Human Resources Commission. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HUMAN RESOURCES COMMISSION: MOTION by Councilman Fitzpatrick to nominate John P. Velin, 5105 Horizon Drive, for appointment to the Human Resources Commission to the term expiring April 1, 1993. There being no further nominations, Mayor Nee declared the nominations closed. MOTION by Councilman Schneider to cast a unanimous ballot for the appointment of John Velin to the Human Resources Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion aarried unanimously. NEW BUSINESS• FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.17.03 AND 205.18.03: Ms. Dacy, Planning Coordinator, stated that the Council could consider the first reading of the ordinance at this time and, before the second reading, the language would be corrected as discussed during the public hearing. � FRIDLEY CITY COUNCIL MEETING OF JDLY 9, 1990 PAGE 9 ' MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 205. ENTITLED "ZONING", BY AMENDING SECTiONS 205.03.55, 205.09.05, 205.17.05, 205.18.05 AND 205.22.06: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Mr. Harris, 6200 Riverview Terrace, stated that he did not see the difference between commercial and industrial areas and felt the parking stall width should be the same for these zoning districts. Councilwoman Jorgenson stated that the Council has been studying this issue for over a year and this is a compromise, as she preferred ten foot wide parking stalls. She stated that in commercial areas people are in and out of a parking lot, and the parking stalls should be large enough so the doors on the vehicles aren't damaged. She stated that in the industrial zones, the persons using the parking are generally employees and are not in and out of their vehicles as they are in commercial areas. � IIPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 108. ENTITLED "FIRE PREVENTION". BY REPEALING THE EXISTING CHAPTER 108. IN ITS ENTIRETY AND ADDING A NEW CHAPTER 108. AND FURTHER AMENDING CHAPTER 11, ENTITLED "FEES": Mr. Aldrich, Fire Chief, stated that this proposed ordinance deletes the existing chapter of the Fire Code and adds a new chapter which inoorporates the 1988 Uniform Fire Code. He stated that there are some changes relating to explosives and blasting agents, flammable and combustible liquids, and hazard materials, which he reviewed. Mr. Aldrich stated that another change of importance is the surcharge which is 1/10 of 1 percent of the building valuation to compensate the City for plan checks, on-site inspections, and other items that involve the Fire Department. He stated that in the previous code there was a fee equal to 1 percent of the building permit fee. However, this fee was never collected in the past. He stated that another major change is adjustment of the fees for permits required under the Uniform Fire Code. He stated that there was no adjustment over the last twelve years so, consequently, the � adjustment is approximately 60 percent. xe stated that he felt these fees were in line with fees charged by other communities. 10 FRIDL$Y CITY COIINCIL MEETING OF JULY 9, 1940 PAGE 10 � Councilman Schneider pointed out that under Section 108.03 (1) that the 1/l0� is shown as .DO1$ which should be corrected before the final reading of this ordinance. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Councilwoman Jorgenson stated that one shopping center had four- wheel trucks parked in the fire lanes and questioned the enforcement to keep these lanes clear. Mr. Aldrich stated that Section 108.06 addresses this issue, and they intend to enforce the aode. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 45-1990 TO THE RICE CREEK WATERSHED DISTRICT TO IMPROVE LOCKE LAKE: Ms. Mary Vasecka, 6909 Hickory Drive, presented a petition pertaining to the improvement of Locke Lake. She stated that there were concerns raised by the residents regarding damage caused by equipment, and if a City employee is on their property and is � injured they did not want to be held liable. Ms. Vasecka stated that she understands the definition of benefitted properties is not merely those who reside on the lake. Councilman Schneider asked if they recognize there may be different classes or levels of benefited properties. Ms. Vasecka stated that she realizes this and understands there may be some assessment to their properties and that is why the last paragraph is incorporated into the petition. MOTION by Councilman Fitzpatrick to receive Petition No. 12-1990. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that in meeting with County Commissioner Paul McCarron, he indicated a willingness to become involved. Mayor Nee stated that City staff has been working with the Rice Creek Watershed District and, with Mr. Savage's help, there was an amendment to the plan that provides another dimension of financing. Mr. Flora, Public Work Director, stated that in the original 509 Plan prepared by the Rice Creek Watershed District, it called for financing under Chapter 112. He stated that Mr. Savage had the plan amended to indicate funding would be provided by Chapter 112 � or 473, whichever would be appropriate. He stated that this, essentially, allows any funding under the water management laws to 11 FRIDLEY CITY COIINCIL M$ETING OF JULY 9, 1990 PAGE 11 ' be used. He stated that Mr. Savage feels if the City gives them a clear petition, they are pregared to move to the point of a hearing. Mr. Flora stated that this resolution has been prepared for submission to the Rice Creek Watershed District for the District to take over the leadership for the three phases of the project; a new dam, sedimentation removal, and sedimentation pond construction. He stated that it is hoped this resolution would be discussed at the Rice Creek Watershed District's Wednesday, July 11, 1990 evening meeting. He felt that it would probably be several months before any preliminary figures on the costs are available. Mr. Flora stated that he would suggest that, in addition to this resolution, the Council provide a project petition with the advanced payment in order to satisfy all the criteria and requirements of the Watarshed District so they may proceed. Councilman Schneider asked if staff had a feeling as to the Watershed District's receptiveness to the proposal. Mr. Flora felt that the City had 100 percent support of Mr. Savage. Mr. Flora stated that the City is stating its responsibility for � the dam and by providing $20,000 up front, he could not see any reason for the Watershed District not to proceed. Mr. Antell, 6801 Hickory Street, voiced his concern about the safety of the dam and if it has been inspected. Mr. Flora stated that the dam has been inspected by the Department of Natural Resources, and the City will continue to monitor it and has fenced off the area where settling is occurring. Councilman Schneider asked what steps would be taken if it is felt it is unsafe. Mr. Flora stated that if the City felt it was critical, an attempt would be made to lower the water level by removal of concrete in one of the tubes. He stated that to try and remove the concrete at this time would be extremely dangerous because of the high water. Mr. Stine, Regional Hydrologist with the Department of Natural Resources, stated that their agency has been monitoring the dam and making inspections. He stated that their inspector observed the soil borings, reviewed the cores, and spoke with the testing firm at the site. He stated that repairing the dam is not going to be a feasible alternative, and the best solution is total removal of , the structure and reconstruction of the dam. 12 FRIDLEY CITY COUNCIL MEETING OF JIILY 9. 1990 PAGE 12 � Mr. Stine stated that the DNR is required, under law, to make sure that the City, as the owner of the dam, proceeds in a timely fashion. He stated that he believes the City is taking a reasonable course of action in identifying a project that will be pursued. He stated that the DNR is concerned about the public waters of Locke Lake and the habitat that exists in the lake. Councilman Billings asked if the possibility exists that the wildlife biologist might not think the lake should be dredged and, if this is the case, would it still be the DNR's position that a dam should be rebuilt at that location. Mr. Stine stated that is a possibility, He stated that one of the things they hope will come out in the public hearing process is a debate of that issue and if it is desirable to have a lake there. He stated it isn't only habitat concerns, but concerns about draining part of waters. He stated that this is another issue they will explore with their legal staf£. Mr. Stine felt that there are a number of possibilities ranging from total dredging to partial dredginq or complete removal of the dam. He stated that if you eliminate the issue of dredging the lake, it seems to be relatively straight forward and would be easily accomplished, but it does not mean it would be reasonable. ' He stated that when you start combining the issues of reconstructing the dam, removing the sedimentation, and sedimentation pond construction, it complicates the issue. Councilwoman Jorgenson asked if it is possible to have a dam there without removal and proper control of the sedimentation. Mr. Stine stated that whenever you have conditions conducive to sedimentation, there would be additional sediment deposited. He stated that with some types of a dam reconstructed, there will be times of the year when sediment will be deposited. He stated that it has the possibilities of being a large sedimentation basin. Mr. Stine stated that the Rice Creek Watershed District is the appropriate place for the City to focus its e£forts because the sediment is not coming from only Fridley streams. Councilman Schneider asked Mr. Stine if he knew how long the permit process would take. Mr. Stine felt it would be six months to one year. He stated that even if the process was to proceed immediately, there would be a plan preparation, and an investigation necessary to design a new structure that would take three to four months in itself. ' Councilman Schneider asked if Mr. Stine would comment on the safety of the dam as it now exists. 1 , � 13 FRIDLEY CITY COIINCIL MEETING OF JULY 9. 1990 PAGE 13 Mr. Stine stated that if the City can keep people out, the safety concerns are minimized. He stated that there is a potential of imminent failure because there is significant flow occurring around and under the structure. He stated that the dam was poorly constructed from an engineering point of view. He stated that there does not appear to be any clay core to the dike itself. He felt the City should investigate the possibility, as soon as possible, to lower the level of the lake and knock out the culverts. He stated that the City has the authority to proceed to preserve the health, safety, and welfare of the residents. MOTION by Councilman Fitzpatrick to adopt Resolution No. 45-1990, with the addition to include a reference to the project petition for Locke Lake. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 46-1990 AGAINST THE ISSUANCE OF A GAMBLING LICENSE FOR THE CHILDREN'S HEART FIIND WITHIN THE GEORGE'S IN FRIDLEY RESTAURANT: Mr. Pribyl, Finance Director, stated that this license would not be in conformance with the City Code as the Gam2aling Manaqer's salarv is not to exceed 550 ner week. MOTION by Councilman Fitzpatrick to adopt Resolution No. 46-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 47-1990 AGAINST THE ISSUANCE OF A GAMBLING LICENSE FOR THE CHILDREN'S HEART FUND WITHIN THE SHOREWOOD INN: Mr. Pribyl, Finance Director, stated that this license would not be in conformance with the City Code as the Gambling Manager's salary is not to exceed $50 per week. Mr. Pribyl stated that there have been some significant changes in the statute, and the Public Safety Director is in the process of reviewing the changes and how they relate to the City's code. MOTION by Councilman Schneider to adopt Resolution No. 47-1990. Seconded by Councilwoman Jorgenson. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. MOTION TO APPROVE THE 1990-1995 CAPITAL IMPROVEMENT PLAN: Councilman Schneider stated that his concern is how this plan relates to the budget. 14 FRIDL&Y CITY COUNCIL MSETING OF JULY 9, 1990 PAGE 14 , Mr. Flora, Public Works Director, stated that the plan provides guidance and any particular item in the plan would come to the Council for appropriate approval. Councilman Billings stated that if approving this capital improvement plan only provides a vote of confidence with this program, he would prefer to wait until the 1991 budget is adopted. Mr. Flora stated that he does not feel there is a pressing need for the 1991-1495 programs. He stated that the 1940 plan reflects a number of changes the Council approved that are not in the 1990 budget. Ae stated that the plan does provide guidance for staff on where to focus their activities. Mr. Burns, City Manager, stated that this is just a conceptual plan and is not an appropriation measure. He stated that if the Council has approved specific plans, supplemental appropriations have been submitted. Councilman Billings stated that as long as the Council is not permanently locked into it, he is comfortable approving the plan. Councilman Schneider stated that his concern was if this plan overrode the budget in some way and as long as this is not the ' case, he would have no problem with it. MOTION by Councilman Fitzpatrick to approve the 1990-1995 Capital Improvement Plan. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE THE MINUTES OP THE PLANNING COMMISSION MEETING OF JUNE 10, 1990: A. SPECIAL USE PERMIT. SP #90-09. BY LEFFEL INCORPORATED FOR MAACO Ai7T0 PAINTING AND BODYWORKS. TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EOUIPMENT ON LOT 2. BLGCK 4, COMMERCE PARK. AND THAT PART OF LOT 2 LYING IN SECTION 10-30-24, SUBJECT TO UTILITY AND GAS EASEMENTS AS SHOWN ON PLAT AND SUBJECT TO ANY OTHER EASEMENTS OF RECORD, GENERALLY LOCATED AT 100 OSBORNE ROAD N.E.: Ms. Dacy, Planning Coordinator, stated that this is a request for a special use permit to allow the petitioner to construct a fenced storage area for the outside storage of cars related to the auto painting and bodyworks facility. She stated that staff recommended that the outdoor storage area be fenced with vinyl slats and the fence be no higher than eight feet tall. ' Mr. Dacy stated that the Planning Commission added a stipulation that the storage area be excavated, lined with plastic, and six inches of Class 5 material be installed. 15 FRIDLEY CITY COUNCIL MEETING OF JULY 9. 1990 PAGE 15 ' Mr. Leffel, the petitioner, stated that this storage area would be used by Shorty�s Towing to tow vehicles to a secured area. He stated that where Shorty's now tows vehicles to their facility there are no repair facilities at the site. He stated that, most of the time, the insurance companies allow him to repair the vehicle in order to avoid another tow. Councilman Billings stated that he is not concerned with the dollar value of the rental agreement Mr. Leffel has with Shorty�s, only if Shorty's receives any payment from Mr. Leffel if he would work on the vehicles Shorty�s brings to his establishment. Mr. Leffel stated that if he repairs the vehicle, Shorty's would receive a 10 percent commission. Councilman Billings stated that he is concerned from the standpoint that this outside storage may not be incidental to the operation of Mr. Leffel's body shop. He stated that, typically, outside storage is associated or is an incidental aspect of a particular business. He stated that he believes this goes beyond that scope. Councilman Billings stated thati there is also the philosophical question that when a person's vehicle is towed to an auto body repair shop that, in fact, there may have been coercion by their ' insurance company to do busines5 with a particular body shop. He felt possibly the City's contract with Shorty's should be reviewed and put in a clause to speci£ically prohibit that type o£ thing. Ms. Dacy stated that the Zoning Ordinance does not address the issue that exterior storage of materials has to be an accessory use to the principal use. She stated that staff's interpretation is that it is outdoor storage of materials, and they have to obtain a special use permit and whether or not it is related to the use is not a criteria that is specifically stated. Mr. Herrick, City Attorney, stated that the code does not specifically state that the storage has to be an incidental use and whether or not this should be changed, he felt was a policy issue. Mr. Leffel felt that to refer to coercion was not appropriate as the owners of these towed vehicles can have their cars fixed anywhere they wish. Councilman Billings stated that Mr. Leffel was the one who brought up this issue and stated that the insurance adjuster sometimes may not want to pay for another tow. Mayor Nee stated that there are tires stored in the back area of this property. Ms. Dacy stated that staff would reinspect the ' premises. 16 FRIDLSY CITY COUNCIL MSETIN� aF JULY 4, 1440 PAGE 16 ' Councilman Schneider stated that if this building is not in compliance, he is not comfortable with proceeding. Councilwoman Jorgenson stated that she was concerned that materials could drain from these vehicles into the ground and contaminate the soil. Mr. Leffel stated that by the time the vehicles reach the storage area, most of them have already been drained of any fluids. Mr. Leffel stated Council can state that he cannot offer Shorty's a commission, and he would be happy to go along with this stipulation. Mayor Nee stated that he shared some of the same concerns as Councilman Billings. MoTION by Counailman Billinqs to table this item until July 23, 1990. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that he would like to know what Shorty's is doing on the vehicles he tows for the City. He was also concerned about the signage for this building. � B. RESOLUTION NO. 48-1990 AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1990 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR HUMAN SERVICE ORGANIZATIONS: Mr. Steve Barg, Planning Assistant/COde Enforcement officer, stated that $33,291 has been designated for community serviaes under the Community Development Block Grant program. He stated that the Human Resources Commission heard oral presentations from the agencies requesting funding. He stated that more requests for funding were received this year than last year even though there was about $1,000 less in funding. Mr. Barg stated that it is recommended Council approve the Human Resources Commission's recommendation for allooation of these CDBG funds to the various agencies and authorize the City to enter into contracts with the individual recipients of these funds. Mr. Barg stated that a corrected resolution has been submitted as the Banfill-Locke Center for the Arts was inadvertently omitted from the resolution submitted in the Council's agenda packet. MOTION by Councilman Fitzpatrick to adopt Resolution No. 48-1990, which includes $2,500 to the Banfill-Locke Center for the Arts. Seconded by Councilman Schneider. � � ' , 17 FRIDLEY CITY COUNCIL MEETING OF JIILY 9, 1990 PAGE 17 Councilman Billings stated that it appears only one organization that requested funding received absolutely nothing and asked if there was any reason why they did not receive funding. Mr. Barg stated that the North Suburban Consumer Advocates for the Handicapped did not receive any funding and stated Sue Sherek, Chairperson of the Human Resources Commission, could address this issue. Ms. Sherek, Chairperson of the Human Resouroes Commission, stated that she talked to Jesse Ellingworth of the NSCAH many times about seeking funding from other sources for a computer. She stated that some speci£ic recommendations were made to him to obtain a computer, and she offered to assist him. She stated that it was felt there were other avenues open for the NSCAH to obtain the computer. Ms. Sherek stated that she could purchase software for them at a discount, and the Commission felt that the NSCAH did not have a realistic grasp on the usa of the software. She stated that the Commission could not get a picture on how this would serve the residents of Fridley. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilman Schneider, Councilwoman Jorgenson and Mayor Nee vote in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. MOTION by Councilman 5chneider to receive the minutes of the Planning Commission meeting of June 20, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE AIJ ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 19, 1990: A. VARIANCE. VAR #90-10, BY ROBERT AND SANDRA SCHMIDT, TO REDUCE THE SIDE YARD SETBACK ON A CORNER IAT FROM 17.5 FEET TO 15.5 FEET, TO ALLOW THE CONSTRUCTION OF ADDITIONAL LIVING SPACE ON LOT 6, BLOCK 3, BONNY ADDITION. THE SAME BEING 6001 FOURTH STREET N.E.: Ms. Dacy, Planning Coordinator, stated that the petitioner is seeking a variance to allow an addition onto his existing home and encroach into the required 17.5 setback by two £eet. She stated that because there is an alternative available to construct a smaller addition, staff recommended denial of this variance. Ms. Dacy stated that the Appeals Commission felt the spirit and intent of the code was not being violated as the variance was small and recommended approval of the variance. She stated that the proposed addition is consistent with the existing sight lines. 18 FRIDLEY CITY COUNCIL MEETING OF JIILY 9. 1990 PAGE 18 � Councilman Billings asked when the home was built. Ms. Dacy stated in 1959. Councilman Billings stated, at that time, the setback would have been ten feet so it is conceivable the builder allowed for the fact that an addition could be placed on the home. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and grant varianoe request, VAR #90-10, to reduce the side yard setback on a corner lot from 17.5 feet to 15.5 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. VARIANCE EXTENSION REOUEST. VAR #88-06, BY WAYNE JOHNSON, TO REDUCE THE REAR YARD SETBACK FROM 3 FEET TO 1 FOOT, AND TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET, TO ALLOW THE CONSTRUCTION OF A THREE-CAR GARAGE ON LOTS 25 AND 26, BLOCK 5, HYDE PARK ADDITION, THE SAME BEING 6051 THIRD STREET N.E. MOTION by Councilman Billings to approve this variance extension to August 1, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 16. NUISANCE ABATEMENT AT 501 GLENCOE STREET N.E.: This item was deleted from the agenda. 17. ESTABLISH A PUBLIC HEARING FOR ESTABLISHING A NEW TAX INCREMENT FINANCING DISTRICT NO. 11 FOR THE REDEVELOPMENT OF THE NORTHEAST 4UADRANT OF UNIVERSITY AVENUE AND MISSISSIPPI STREET: MOTION by Councilman Billings to set the public hearinq on the establishment of a new tax increment financing District No. 11 for July 23, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. ESTABLISH A PUBLIC HEARING FOR THE ISSUANCE OF REVENUE BONDS. MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, FOR THE LONG TERM CARE FOUNDATION: Mr. Pribyl, Finance Director, stated that the Long Term Care Foundation is requesting the issuance of $1,150,000 in industrial revenue bonds. He stated that the City would then enter into a joint powers agreement with the City of Minneapolis and twelve other municipalities in the metro area to issue a total of � approximately $42.9 million to finance the acquisition of eighteen 19 FRIDLBY CITY COUNCIL MEETING OF JULY 4. 1990 PAGE 19 � nursing home facilities. He stated that this $1,150,000 revenue bond would be used to purchase the Lynwood Health Care Center in Fridley. Mr. Pakonen, Health Dimension, Inc., stated that the Long Term Care Foundation would be the owner of the nursinq home facilities. He stated this is a non-profit aorporation, and the directors of this corporation must be employees of hospitals associated with the Voluntary Hospitals of America and/or persons who have a recognized expertise in the delivery of long term care. Mr. Pakonen stated that he would be happy to supply further, details, but thought perhaps this presentation should be made at the public hearing. MOTION by Councilman Fitzpatrick to set the public hearing £or the issuance of these industrial revenue bonds for July 23, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. APPROVAL OF CHANGE ORDER NO. 1 FOR CONSTRUCTION OF THE 1.5 MG ELEVATED WATER RESERVOIR PROJECT NO. 201: Mr. Flora, Public Works Director, stated that this change order ' covers soil testing, pile testing, and building demolition in conjunction with the 1.5 MG elevated water reservoir for a total of $9,385.00. MOTION by Councilman Schneider to authorize Change Order No. 1 in the amount of $9,385.00 with Twin City Testing for costs associated with construction of the 1.5 MG elevated water reservoir, Projeat No. 201. Seaonded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Billings and Councilwoman Jorgenson abstained. Mayor Nee declared the motion carried. 2�. APPROVAL �F CHANGE QRDER NO. 3 FOR STREET IMPRQVEMENT PROJECT NO. ST. 1989 - 1& 2• MOTION by Councilman Schneider to authorize Change Order No. 3 for a deduction of $2,D00.00 for Street Improvement Project No. ST. 1989 - 1& 2 with Gammon Brothers, Inc. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings abstained. Mayor Nee declared the motion carried. � � ' ' zo FRIDLEY CITY COUNCIL MESTING �F JULY 4, 1990 PAGE 20 21. APPROVAL OF THE 1990 SCHOOL DISTRICT REFERENDUM LEVY AGREEMENTS FOR INDEPENDENT SCHOOL DISTRICT NOS. 11. 13, 14 AND 16: Mr. Pribyl, Finance Director, stated that these agreements would return $261,798.81 to the school districts if executed by the school districts. MOTION by Councilman Schneider to approve the 1990 school district referendum levy agreements for ISD Nos. 11, 13, 14 and 16. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favoY of the motion. Councilman Billings abstained. Mayor Nee declared the motion carried. 22. APPROVAL OF THE 1990-1991 CONTRACT WITH THE TWIN CITY AREA URBAN CORPS: Mr. Hunt, Assistant to the City Manager, stated that each year the City enters into a contract with the City of Minneapolis to participate in the Urban Corps Program. He stated that as a participant in this program, the City can employ students who have Federal Work Study Grants to work as interns. He stated that it is necessary, however, for the City to contract with the City of Minneapolis in order to participate in this program and requested the Council approve this contraat. MOTION by Councilwoman Jorgenson to approve the 1990-91 contract with the City of Minneapolis for participation in the Twin City Area Urban Corps Program. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 32648 through 32920. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23A. ISSUANCE OF ADVANCE PAYMENT TO THE RICE CREEK WATERSHED DISTRICT IN THE AMOUNT OF 520,000 (LOCKE LAKE): MOTION by Councilman Schneider to authorize an advance payment in the amount of $20,000 to the Rice Creek Watershed District, which would be reimbursable to the City if the project is ordered. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' ��� � 21 FRIDLEY CITY COUNCIL MEETING OF JULY 9, 1990 PAGE 21 24. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Herrick & Newman 205 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney for the Month of June, 1990. . . . . . . . . $ 4,923.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of April, 1990. ...$ 8,837.00 IiNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir, Project No. 202 Partial Estimate . . . . . . . . Karlen Construction 9�1 - 125th Avenue N.E. Blaine, MN 55434 Flanery Park Shelter Project No. 206 Estimate No. 1 . . . . . . . . $ 1,204.13 $18,698.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' L�' J 22 FRIDLEY CITY COUNCIL MEETING OF JULY 9, 1990 PAGE 22 ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 9, 1990 adjourned at 11:05 p.m. Respectfully submitted, : � .�s�-fL� .:fYZ'��Gr-l�-- Carole Haddad Secretary to the City Council Approved: C � I�;i a����-���_ � �— William J. Nee Mayor