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04/22/1991 - 00005962� � 1 THE MINUTE3 OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 22. 1991 The Regular Meeting of the Fridley City Council was called to order at 7:58 p.m. by Mayor Nee after the Board of Review meeting. ROLL CALL: MEMBERS PRESENT Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick. MEMBERS ABSENT: None APPROVAL OF MINUTES: BOARD OF REVIEW MEETING, APRIL 8, 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, APRIL 8, 1991: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to Seconded by Councilman Schneider. aye, Mayor Nee declared the motion OPEN FORUM, VISITORS: adopt the agenda as submitted. Upon a voice vote, all voting carried unanimously. Mr. Frederick Rochelle, 5435 W. Brenner Pass, stated that he is on the Council's agenda under Item 16 and wanted to let it be known to all that he requested to be under the Open Forum item. He stated that he had every television station and both newspapers coming out here, and he believed a move was made, because the Council knew that the television people would not stay around, to put him on the agenda later. Councilman Billings stated the Council has a policy that no action can be taken unless an item is an actual agenda item. He stated that he requested the City Manaqer to make this an official agenda item and that this is the first he knew he was doing something to thwart any publicity stunt. He stated the allegation that this was done to specifically preclude all the television stations from being here is totally un7ustified. He stated that this was done without malice and with the intent of it becoming an agenda item. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 2 � Mr. Rochelle stated that two weeks ago because of a certain situation, there was something that precluded him from coming that evening. He stated that he specifically stated he wanted to be on the agenda under Open Forum so the newspaper representatives could be there. Councilman Schneider asked if Mr. Rochelle was aware there was a Board of Review Meeting prior to the regular Council meeting and that there are a lot of people present. He stated that he knew Mr. Rochelle's item would involve a lengthy discussion, and that it is not £air to others who have agenda items to sit through this discussion under the Open Forum portion of the agenda. PUBLIC HEARINGS: 1. PUBLIC HEARING TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED "ZONING," BY AMENDING SECTIONS 205.03, "DEFINITIONS," AND SECTION 205.07, "R-1, ONE FAMILY DWELLING DISTRICT REGULATIONS": 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 � 8:06 p.m. Ms. Dacy, Community Development Director, stated that this public hearing is the culmination of several mon�hs of research on this topic. She stated that the intent of the ordinance is to provide a set of standards and a process to permit an accessory apartment to be created within a single family home so that it would not adversely affect the character of the single family district. Ms. Dacy stated that the existing ordinance does permit, as an accessory use, the rental of guest rooms, but there cannot be a separate kitchen. She stated that the ordinance also restricts the occupancy to no more than two people per unit. Ms. Dacy stated that the definition of family, as provided in the ordinance, are those individuals related by blood or marriage. She stated that if they are unrelated, the occupancy must be below five. She stated that a license is required to rent out a single family home. Ms. Dacy stated that there was concern regarding a number of violations occurring in the single family district where homes were being converted into illegal duplexes. She stated that the intent of the amendment is to prevent this type of rental unit which may lead to the creation of nuisances from multiple families on one � lot. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 3 � Ms. Dacy stated that there are individuals in the community who rent part of their home to a family member. She stated that the Planning Commission was aware of the impact, and that they requested staff to address these issues, and to draft an ordinance to prevent the erosion of single family districts. Ms. Dacy stated that the Commission's recommendation is an ordinance amendment which would allow the creation of an apartment as an accessory use. She stated that twelve standards have been recommended for the accessory use. She stated that the Commission did not want to discourage persons to create living areas for related individuals; however, if an individual is not related a license would be required. Ms. Dacy stated that the proposed ordinance amendment does contain an amortization process on non-conforming units. She stated that the owner has three years to meet these standards. Councilman Schneider asked if the license distinction between relatives and those that are not related is defensible. Mr, Herrick, City Attorney, stated it is his opinion that this can be defended. � Councilman Billings stated that as he understands the proposed ordinance, he could construct within his dwellinq an accessory apartment, and as long as he did not rent it out to anyone either related or unrelated he would not have to advise the City other than obtaining the necessary building permits. Ms. Dacy stated that was correct. Councilman Billings stated that if he had an accessory apartment in his home and had to move from the City for a number of years and chose to rent out his home, as he reads the code, the simple presence of an accessory apartment would preclude him from renting his home to a single family. Ms. Dacy stated that she felt the intent is to rent out the entire single family home as opposed to just the accessory apartment. Councilman Billings stated that would be the intent under Section B.(4)(f)(2) which states the dwelling must be owner occupied except for temporary absences. Mr. Herrick stated the intent of that provision would be that a renter of the entire dwelling could not rent out the accessory apartment. He stated that the language under this section relates to and is a condition on which an accessory apartment could be rented. He stated that if the language is not clear this can be � changed. He stated that what was intended was if an accessory apartment was to be rented the main dwelling has to be occupied by the owner. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 4 � Councilman Billings stated that Section B.(4J(f)(2) outlines standards for accessory apartments, and one of the standards states that the owner must reside in the primary unit. Mr. Herrick stated that he is not sure he aqrees with that conclusion but felt the language could be changed to make it more clear. Councilman Billings felt that the language, as it is now written, allows him as the homeowner to relocate and rent his home to a single family as long as he rents the entire home. Mr. Herrick stated that the person who rents the home could not rent the accessory use to another individual. Councilman Billings asked if the definition of a single family has changed. Ms. Dacy stated that the proposed ordinance does not address the definition of a Eamily. Councilman Billings asked if he as a homeowner were to be absent, could he rent to a£amily consisting of a married couple and also rent to a married couple with a child. ' Ms. Dacy stated that if these occupants use the entire home as opposed to one family in one part and the other family occupying the accessory part this would be permitted. Councilman Billings stated that he is not critical of the proposed amendment, but a vast majority of the existing situations that are causing complaints might still be eligible to exist under this language. He stated that the other interpretation might create a situation where it would be impossible for a person who has an accessory apartment to leave the City because he could not rent out his home during his absence. Mr. Herrick stated that the definition of single family where five or more unrelated persons are included in the definition was adopted not from choice but because of court opinions that you cannot limit the definition of single family to only married couples and children. Councilznan Schneider stated that the intent is not to limit family members from living in their own households. He stated that the problem he has seen is the situation where the R-1 zoning integrity is being challenged. He stated that a single family home is being used as an R-2 use by renting out a basement apartment for the sake of helping with finances. He stated that, to some extent, the � ordinance would allow this to continue but with licensing there is some control in the event complaints would arise. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 5 � Mr. and Mrs. Tom Olin, 541 - 53-1/2 Avenue, stated that their home is rented to two separate families. Ms. Olin stated that they have made improvements and installed two separate furnaces. Ms. Dacy stated the intent of the ordinance is that the home would be occupied as a one family dwelling, and if the Olin's wanted to rent the accessory apartment they would have to live there in order to do it. She stated that after three years they could no longer rent the dwelling to two families. Mr. Robert Ledermann, 548 - 53-1/2 Avenue, stated he believed that five unrelated persons have access to this entire home at 541 - 53-1/2 Avenue. He felt that an R-1 district should be for sinqle family homes only and that was the reason he moved to the area. He stated that if he had wanted to live in an R-2 area he would have moved to such a location. Mr. Ledermann asked if Mr. Olin could rent to five people. Ms. Dacy stated that this could be done provided all five persons have access to the entire home. Councilman Hillings stated that he is not sure the language presented this evening will satisfy Mr. Ledermann's concerns. � MOTION by Councilman Schneider 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 8:39 p.m. Ms. Dacy stated that staff would review the language to address the Council's concerns and bring this proposed ordinance amendment to the Council for a first reading at the May 6, 1491 meeting. 2. PUBLIC HEARING ON REGISTERED LAND SURVEY. P.S. #91-02, BY STEVEN BRUNS FOR MIDWEST SUPER STOP, TO REPLAT PROPERTY GENERALLY LOCATED AT 8100 EAST RIVER ROAD 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 8:40 p.m. Ms. Dacy, Community Development Director, stated that this property is located in the southwest corner of Fairmont Street and East River Road and is zoned C-1. She stated that the Council approved a lot sglit in 1987 and when the petitioner attempted to record the legal description at the County, they requested a reqistered land � survey to clarify the legal descriptions. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 6 1 Ms. Dacy stated that this proposed registered land survey will create four parcels; Tracts A, B, C and D. She stated that Tracts A and B are for the gas station, Tract C should be conveyed to the property owner to the west, and Tract D should be dedicated to the County as right-of-way for East River Road. She stated that the Planning Commission recommended approval of this registered land survey with six stipulations, most of which were repeats from the lot split. No persons in the audience spoke regarding this proposed registered land survey. MOTION by Councilman Fitzpatrick to close 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 closed at 8:44 p.m. OLD BUSINESS: 3. RESOLUTION NO. 36-1991 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #91-02, TO SPLIT LOTS 1-5, AUDITOR'S SUBDIVISION NO. 153 INTO TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 5201-5275 CENTRAV AVENUE N.E. (TABLED 4/8l91): � Councilman Billings stated that there has been considerable discussion between the proposed purchaser of this south lot, Milestone Hotel Investments, and the neighborhood residents. He stated that as recently as this afternoon, Milestone representatives have indicated they would propose to the neighborhood that a neighborhood advisory committee be established to meet quarterly with the motel management to discuss neighborhood problems. He asked if the residents would comment on this suggestion. Ms. Judy Engebretson, 5216 Taylor Street, stated that she just learned about this suggestion this evening. She stated that she hates to be so negative but felt this route was taken before when the motel was constructed. She stated that the idea is great but questioned if this would only be a sounding board for the residents to vent their frustrations. She stated that she has reservations if this would be a workable situation. Ms. Engebretson stated that she and another neighbor discussed the possibility of an atrium type enclosure and to use the rear of the motel only in emergencies. She stated that this way everyone would have to use the front lobby and felt it would help eliminate some of the problems. Ms. Engebretscn stated that she understands there is a problem if � the City attaches a stipulation to the lot split that there would be no liquor license. She suggested that perhaps a timeframe could be attached to the lot in regard to the liquor license in order to FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 7 � provide time for Milestone to prove that they have control over the problems the residents have been experiencing. She stated that she is against the lot split if the residents cannot have guarantees of controlling the situation. Councilman Schneider stated that what Milestone is telling the Council is that they believe they aan better manage the motel. Councilwoman Jorgenson felt that perhaps it may be helpful to install video cameras and speakers so that the motel's property can be monitored. Councilman Billings stated that although Milestone has not indicated they would take the City to court if the lot split is tied to the liquor license the City Attorney has indicated he would have a difficult time defending such a lawsuit. He stated that he Pelt the idea of an advisory committee was good and if Milestone does not control the problems this would be an issue if they applied for a liquor license. Mr. Herrick, City Attorney, stated the only items he felt that should be tied to the lot split are those related to the lot such as shared parking, driveways, etc. He stated that the liquor license is an entirely different question. He stated that if the � Council wants to take the position that a liquor license should not be issued until Milestone has operated the motel for a certain period of time this could be considered if and when an application is submitted for a liquor license. Mr. Gudmundson, representing Milestone Hotel Investments, stated that he thought enclosing the hallways was a good suggestion but there is a problem with the heating and air conditioning systems, and they would be venting into the hallways. He stated the other consideration is that travelers and manufacturers' representatives carry their samples and like those accommodations for easy access from their car to their room. He stated that this is a benefit in the motel business. Mr. Gudmundson stated that they want the opportunity to prove their ability to operate a good motel. He stated that they are willing to step forward, be responsible citizens, and to operate in a manner which makes everyone proud. He stated that they will attempt to solve the neighborhood problems in an orderly fashion. Councilman Billings asked if there are any plans to sell the motel in a short period of time. Mr. Gudmundson stated that in the 25 years they have been in business they have only sold one motel. He stated that their plans � are long term, and they hope they can be an asset to this community for several years. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 8 � Councilman Billings asked if Milestone would be willing to qo on record that they do not intend to apply for a liquor license within the first year. Mr. Gudmundson answered in the affirmative. Councilwoman Jorgenson asked if Milestone would be willing to install some additional security items such as a video camera in the rear of the motel. Mr. Gudmundson felt that this was a good idea and certainly would check into it. Mr. Gudmundson stated the problem is that there are three homes in close proximity to a commercial property. He felt there is more that can be done, and the advisory committee would provide a means for discussing these issues. Councilman Billings asked Mr. Gudmundson if he would be opposed to installing a wooden fence if the residents made such a suggestion. Mr. Gudmundson stated that it is something they have suggested and would be appropriate to discuss with the advisory committee. He felt that, given the opportunity, Milestone would be able to � convince the residents that they are responsible motel operators. Mayor Nee stated that he had an opportunity to talk to a person who has watched this motel operation for several years. He stated that he agreed there were disturbances as a result of the failure of the motel and restaurant operator to police some of the parties. Mr. Steve Kantorowicz, 5200 Taylor Street, felt that the Council is opening the door for other problems by approving the lot split. He stated that the person who owns the shopping mall may want to split off the office space. He stated that he is against the lot split. Mr. Kantorowicz stated that he has lived at this address for 22 years, there has been everything in that mall, and nothing has succeeded. Ae stated that the mall is a"dead horse" and did not feel approving the lot split would solve the problem. Mayor Nee stated that if nothing is done the situation will get worse. He stated that Milestone is proposing to invest $400,000 to make it better. He stated that these persons are experienced motel operators and felt they could improve the situation. Mayor Nee stated that there are all kinds of problems which brought about this situation in regard to how the capital was raised, and � the motel operators were not experienced. He stated that it is the question of taking a chance with Milestone who wishes to improve the property as opposed to leaving it as it now exists. 1 � � FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 9 Mr. Kantorowicz stated that hospitality rooms mean conventions, and these people attending the conventions go wild in the parking lots. Mayor Nee stated that the Milestone management will absolutely have to have control over these situations. He stated that he felt the problem would not occur in a well-operated motel. Mr. Kantorowicz stated that he felt if someone wants the motel they should purchase all the property. He stated that there was not enough parking when the motel was constructed. Councilman Billings stated that Milestone wants to operate the motel but asked Mr. Kantorowicz if he preferred to leave the operation as it now exists. Mr. Kantorowicz suggested that the City should take it over. He stated that the hill was suppose to be maintained and it has not been. Ms. Golden, Chairperson for the Fridley Chamber of Commerce, stated that they meet monthly at the Skywood Inn and have seen the deterioration. She stated that they would like a new owner and felt it would be better for Fridley. She stated that there is no reason why the motel should not be successful. Mr. Bill Leavey, 1240 - 52nd Avenue, asked if the motel could be closed if there are police problems and convictions at the motel. Mayor Nee stated that the owners could be prosecuted under the public nuisance law5. He stated that if the motel had a liquor license there are a number of laws governing the operation. Mr. Leavey stated that he would like to see an atrium on the south and east sides of the motel. He stated that this way management would be aware if there was a problem outside the motel. He stated that he did not feel it would be that costly to construct an atrium and accommodate the heating ducts. Councilman Billings asked if there are stipulations from prior variances which should be included in the stipulations for the lot split. Ms. Dacy stated that there was a variance for the signs approved on February 25, 1985 and requirements under building permit, No. 17757 issued October 9, 1984. MOTION by Councilman Billings to adopt Resolution No. 36-1991, with the stipulations at�.ached as Exhibit A. Seconded by Councilman Schneider. MOTION by Councilman Billings to amend the stipulations in Exhibit A by adding the following two stipulations: (6) No � FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 10 additional free-standing signage may be added to the site beyond the amount of signage that was originally approved in the 1985 variance request. Wall signs may be permitted if in compliance with the siqn ordinance; and (7) Any stipulations and requirements of building permit No. 17757 dated October 9, 1984 and the sign variance dated February 25, 1985 shall inure to both lots, if it is applicable. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that his primary reason for approving the lot split is due to the legal opinion that basically states it appears a responsible developer wishes to purchase this motel and as long as they meet the requirements of the codes and ordinances the City does not have a reason not to approve the lot split. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Billings stated that he would like to encourage the residents of the neighborhood and the motel owner to meet to address the concerns to satisfy the neighborhood. He stated that he would also like to encourage the owner to review the atrium issue to determine if something can be done in that area. � 4. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 12. 1991: A. VARIANCE REQUEST. VAR #91-04, BY MILESTONE HOTEL INVESTMENTS, INC., TO REDUCE THE SIDE YARD SETBACK FROM 15 FEET TO 0 FEET FOR PROPOSED LOTS 1 AND 2, BLOCK 1. SKYWOOD MALL ADDITION, TO ALLOW A ZERO LOT LINE IN A COMMERCIAL DISTRICT, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. fTABLED 4/8/911: MOTION by Councilman Billings to grant Variance Request, VAR #91-04 to reduce the side yard setback from 15 feet to 0 feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF MARCH 27, 1991: A. SPECIAL USE PERMIT. SP #40-18, BY HUMBERTO MARTINEZ, PER SECTION 205.18.03.C(4) OF THE FRIDLEY CITY CODE, TO ALLOW THE LOT COVERAGE TO BE INCREASED FROM 40 PERCENT MAXIMUM TO 44 PERCENT MAXIMUM ON LOTS 1 THROUGH 5, BLOCK 6, ONAWAY ADDITION, GENERALLY LOCATED AT 7786 BEECH STREET N.E. (TABLED 4/8/911: Ms. Dacy, Community Development Director, stated that the special ' use permit is requested in order to increase the maximum lot coverage from 40 to 44 percent to allow a 1,440 square foot addition. She stated staff recommended that this request be denied FRIDLEY CITY COUNCIL MEETING OF APRIL 22 1991 PAGE 11 � because if the building were to be re-occupied for a manufacturing use, the site would not accommodate additional parking. She stated that there was also concern regarding the drainage, but the site could accommodate a small ponding area toward the rear. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with the contingency that the additional expansion area could only be used for warehouse space. She stated that this would minimize the impact if the building were to be re- occupied by a more intensive manufacturing use. She stated that the Planning Commission also stipulated that the petitioner sign a restrictive covenant limiting the use of the addition to the warehouse. Mr. Martinez, the petitioner, stated that he needed space to store raw materials and finished products. He stated that he does not have a problem with the stipulation recommended by the Planning Commission. Mr. Martinez stated that in his business he designs and manufactures service controls for the food processing industry. He stated that he employs six persons. MoTION by Councilman Billings to grant Special Use Permit, � SP #90-18, with the stipulation that the petitioner shall sign a restrictive covenant limiting the use of the addition to warehouse space. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 26. 1991• A. VARIANCE, VAR #90-31 BY HUMBERTO MARTINEZ TO REDUCE THE LOT AREA FROM 1-1/2 ACRES (65 340 SOUARE FEET1 TO 1/3 ACRE (14 320 �UARE FEETI: TO REDUCE THE REOUIRED LOT WIDTH FROM 150 FEET TO 88 FEET• TO REDUCE THE SIDE YARD SETBACK FROM 20 FEET TO 8 FEET; TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 35 FEET TO 8 FEET• TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 8 FEET• TO REDUCE THE PARKING SETBACK FROM 20 FEET TO 8 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 1-5 BLOCK 6 ONAWAY ADDITION THE SAME BEING 7786 BEECH STREET N.E. (TABLED 4/8/91]• Ms. Dacy, Community Development Director, stated that five of the variances are to correct existing conditions, and the variance to reduce the side yard setback is due to the addition proposed on this property. She stated the Appeals Commission recommended approval of all six variances, with the exception that the side yard setback be reduced from 20 to 2 feet, rather than from 20 to � D feet. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 12 � MOTION by Councilman Billings to qrant the six variances covered under Variance Request, VAR #90-31, as recommended by the Appeals Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 37-1991 APPROVING REGISTERED LAND SURVEY, P.S. #91-02: MOTION by Councilman Fitzpatrick to adopt Resolution No. 37-1991, with the six stipulations attached as Exhibit A. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVAL OF THE CLOSING OF SPRINGBROOK TRAIL PROJECT NO. 732 AND REALLOCATING THE REMAINING FUNDS TO THE RIVERVIEW HEIGHTS ACOUISITION PROJECT FUND: Ms. Dacy, Community Development Director, stated that the County has notified the City that the 1987 Springbrook Trail Project No. 732 must be closed out and remaining funds reallocated to another project. She stated that the purpose of this project was to hire unemployed persons from the County Job Training Program to clean up and remove debris from the 1986 tornado at Springbrook � Nature Center. Ms. Dacy stated that it is staff's recommendation that these funds be reallocated to the Riverview Heights Acquisition Project Fund. MOTION by Councilman Fitzpatrick to approve the reallocating of the remaining Springbrook Trail Project Funds to the Riverview Heights Acquisition Project Fund. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that there are several people in the audience who are waiting for their items to be considered and felt that perhaps, if there was no objections, the Council could consider those items at this time. 15. RESOLUTION NO. 41-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE KNIGHTS OF CQLUMBUS: MOTION by Councilman Billings to adopt Resolution No. 41-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 13 1 16. CONSIDERATION OF BUILDING INSPECTION ISSUE RAISEQ BY FREDERICK ROCHELLE: Mr. Rochelle stated that his problem started in 1979 when the fireplaces in his dwelling unit were built. He stated that the inspector, Darrel Clark, signed off indicating his chimney was up to code. He stated Mr. Clark signed off on the framing and went on to explain this definition under the Uniform Building Code. Councilwoman Jorgenson asked if he was quoting from the current building code or the code in effect in 1979. Mr. Rochelle stated that it is the current code and it was in effect in 1979. Mr. Rochelle stated that on some of the chimneys which Mr. Clark had signed off, they did not have any fire stops; however, his chimney had one stop. He stated that when the inspector was called to inspect his chimney Mr. Wiley, the inspector, told his contractor to add two additional stops. He stated that in questioning why this was necessary he was told by Mr. Wiley that it was code and there had to be one stop for every floor. Mr. Rochelle stated that his neighbor, Larry Spitz, and Mr. Wiley , called Mr. Clark (at his cabin) and confirmed that three fire stops were required. He stated the question was brought up that Mr. Clark signed off on all the rest of the chimneys. He stated that at this time, Mr. Clark told them to leave it at one and close it up. Mr. Rochelle stated that his contractor decided to make sure and called Mr. Clark (at his cabin) and asked if he was sure it was all right to leave it as one stop and close it up to which Mr. Clark replied in the affirmative. Mr. Rochelle stated that he was advised by his oontractor what was happening, and he advised the contractor that this was going to court. He stated that his contractor responded that he was not going to close it up because the judge will say the contractor should know what should be done as well as the inspector. Mr. Rochelle stated that his contractor went to City Hall to talk to Mr. Clark, and Mr. Clark stated three stops were required. Mr. Rochelle stated that he then came to City Hall to talk with Mr. Clark, Mr. Wiley, and Mr. Hunt. He stated that Mr. Wiley stated there was a gray area, and people can interpret the code different ways. Mr. Rochelle stated that he asked Mr. Clark, before he had contacted the State of Minnesota, if he thought only one fire stop ' was required to which he had replied in the affirmative. FRIDLEY CZTY COUNCIL MEETING OF APRIL 22, 1991 PAGE 14 ' Mr. Rochelle stated that Mr. Brooks from �he State told him three fire stops were required and that it was black and white. Councilman Schneider stated that even if a mistake was made he asked Mr. Rochelle if he was implying it was intentional. Mr. Rochelle answered in the negative. Mr. Rochelle stated that if Mr. Clark had done his job in 1979, he would not be here this evening. He stated that he has heard from Mr. Hunt, Mr. Burns, and Mr. Clark that the City has only two inspectors and cannot stand out there and watch every stop that is installed, that they have to trust the contractors. He stated that if the City trusts the contractors then the inspectors are not needed. Mr. Rochelle stated that he felt because Mr. Clark signed off, the City should pay for the chimneys to be fixed. He stated that before a building contractor closes anything he must notify the City inspector. Mayor Nee asked Mr. Rochelle if he was seeking damages from the City. Mr. Rochelle stated that he is requesting that the residents be � paid to have their chimneys fixed. He stated that he is asking the City to pay for the ones that have been fixed and need to be repaired again and for the other five remaining to be corrected. He felt that someone should inspect the fireplaces in the Vienna Townhomes and the other buildings. Mr. Rochelle stated that he would like an independent board to look at criminal wrongdoing by Mr. Clark and the City. Councilman Schneider asked Mr. Rochelle what he was implying. Mr. Rochelle stated that he was asking for a board to determine if there was any criminal wronqdoing or tteglect. Mr. Larry Spitz, 5423 W. Brenner Pass, stated that the fireplaces have been a concern of his for well over a year. He stated that he was told by the Townhouse Association that a unit was going to be painted, that there was an obvious hole in the fireplace, and they were going to paint over it. He stated that he became concerned and found out that there is a missing piece of wood on the roofs. He stated that they were trying to figure out how the missing piece of wood was related to the rotting fireplaces. He felt that someone should address the problem with these fireplaces. Mr. Spitz stated that the fire stop issue has just recently surfaced. � Councilman Schneider Pelt that the issue Mr. Spitz raised is between the homeowners and the Townhouse Association. � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 22. 1991 PAGE 15 Mr. Herrick, City Attorney, asked if Mr. Farr was contacted regarding these problems. Mr. Spitz stated that he has not been contacted. He stated that he talked to Danny Farr, and he looked at it but nothing has been done. Mr. Rochelle stated that every attorney states the statute of limitations has run out on these properties. Mr. Herrick stated that whether the statute of limitations has run out may be a fact question. He asked when the buildings were constructed. Mr. Spitz stated that they were constructed in 1977 and 1978. He stated that someone has to listen, and this is the reason he is here this evening. He stated that he served on the Townhouse Association Board until several weeks ago and resigned because of the fireplace issue. Mr. Spitz stated one insurance company that insured the outside of the buildings stated they were dropping the insurance because of a fire hazard due to the fireplaces. He stated that he went to the Association and was told that it is not their problem. Ms. Jeanne Lager, 5427 W. Brenner Pass, stated that she bought her townhome in 1987. 5he stated that she has replaced her chimney and did not consider it a fire hazard as, from the time they were constructed, water kept coming down through them and did not know how a fire could even get started with it being so wet. She stated that when the chimneys were inspected in 1979 it should have been noticed that they did not function as chimneys. Ms. Lager stated that the construction was lousy and it should have been noted. She stated that her chimney was replaced with one fire stop, and she would like clarification whether she is in compliance with the code. Councilwoman Jorgenson asked if she spoke to the contractor who replaced her chimney and if he felt the work was to code. She stated that she would like clarification, in writing, if her fireplaoe meets code. Ms. Lager answered in the affirmative and stated that she hired this contractor specifically because he had done so many, and he was a chimney expert. Ms. Dacy, Community Development Director, stated that she wished to clarify the purpose of the draft stop. She stated that it is to slow the progress of a fire up the chimney chase, but it will not prevent a fire per se. She stated that it should be noted the units were constructed with materials between the chimney chase itself and building. Ms. Dacy stated that perhaps the architect FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 16 1 that drew the plans thought the chimney chase was separated by appropriate fire walls. Ms. Dacy stated that at this point, the best interpretation is that there should be a draft stop for every occurrence where the chase passes a floor or ceiling. She stated that in conversations with the State Building Code Division this is an interpretation issue, and there could be a legitimate argument for one draft stop. She stated that at this point, the fourteen existing chimneys meet the intent of the code, and there was no intention to require the owners to install the additional stops. She stated that as far as the persons with the other five units, the interpretation is that wherever there is a floor or ceiling level there would k�e a draft stop. Mr. Darrel Clark, Chief Building Official, stated that the fire stops have not been an issue in the past. He stated that he and Ms. Dacy looked at the site and talked to Mr, Rochelle and Mr. Spitz. Mr. Clark stated that Mr. Spitz had indeed inquired as to fire stops last year. He called City Hall, was referred to someone in the Fire Department, and that person told him the interpretation was that only one fire stop was required. He stated that this is � probably why only one fire stop was installed. Mr. Clark stated that his office did make two inspections and has records on all fifteen fireplaces. He stated that there are fifteen permits to fix the chimney chases, and the original reason for fixing them was due to the appearance. He stated that his personal discussion with the contractor was that £ire stops would be needed in all the chases and flashing that would prevent moisture groblems. Mr. Clark stated that on the first framing inspection there were no stops in the chases at that time. He stated that he was sure he mentioned to the contractor that his main purpose to inspect at this time was to make sure al1 rotted framing had been replaced and to tell him he had to put in fire stops. He stated that on the final inspection you cannot see inside the chimney at all. Mr. Clark stated that in 1979 he did make the framing, insulation, and final inspections on Mr. Rochelle's unit. He stated that at the time of the insulation inspection, he cannot recall if the fireplaces were in the building. He stated that it is not uncommon in the metropolitan area that separate chase inspections are not done. He stated that as far as a fire hazard, the fire hazard is not necessarily the chase and the fire stops, but it is the fireplace and the chimney. He stated that a lot of insurance � companies will not insure homes with fireplaces especially those with Class "A" metal chimneys. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 17 � Mr. Clark stated in conversations he had with Mr. Brooks that the subject of ordering corrections to be done did not come up. It was Mr. Brooks' opinion that each floor/ceiling or ceiling the chase passed by should have a fire stop. The consensus of the other inspection contact was the same. Most agree, however, that since the chimney chase is outside the livable space of the home and has no floor or ceilings in it someone could argue that no fire stop is required. Mr. Clark stated he agreed that the most strict and safest interpretation is that a fire stop should be installed at each floor/ceiling or ceiling that it passes by. Councilman Schneider asked when an inspector signs off on the inspection, does he guarantee that the home is built to every possible item in the code? Mr. Clark stated that if this was done, someone would have to be on site at all times. He stated it is not uncommon that a fire stop could be missed, just as a missing two by four may go unnoticed. Councilwoman Jorgenson stated that she had done some remodeling and did not proceed until they were sure the inspection could be done. She stated that she knows contractors do not always stop at a certain point where the inspector can make their inspection but � takes the work farther. She stated that she does not know if this was the case in this instance or not. She stated that from her own experience she has found that Mr. Clark has been very thorough in his inspections. Councilman Schneider stated that he suspects there are a lot of gray areas and asked Mr. Clark if he makes any judgments and records them. Mr. Clark stated that he does not try to make judgments on quality regarding how the construction will look when it is completed. He stated that he tries to insure the code is met, as best he can, for the amount of time he has to spend on the job. Mr. Herrick asked how long it has been known that there was a problem with rotting, as far as the fireplaces are concerned. Mr. Spitz stated in July, 1989 when the Association was going to paint over the holes was the first time he became aware of it. He stated that in 1988 Dick Larson was called regarding carpenter ants. Mr. Herrick stated his concern was that the Townhouse Association let this happen without making any contact with the builder of this project. He stated that the person primarily responsible for this � is the builder, and he has not heard where anyone contacted Mr. Farr. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 18 ' Mr. Rochelle stated that is because the statute of limitations ran out. Mr. Herrick stated that is probably because the Townhouse Association was not doing anything about the problem. He stated that he would like to do some research as to whether the statute of limitations has run out because he is not sure that is true. He stated that it seems if the things were rotting since the day they were built someone should have done something about it long before now. MOTION by Councilman Schneider to close discussion on this item in ten minutes. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that as he understands it Mr. Rochelle is proposing that the City accept the responsibility to rebuild the fireplaces. Mr. Herrick stated that he felt more facts and written statements were needed from the State building inspector. He felt that questions should be put in writing and the answers received in writing. He stated that this preserves the record and has the � affect o£ making certain the question is definite and the answer is definite. Mr. Herrick stated that as far as the legal aspect, the qeneral rule is the City building inspector and the City are not guarantors of the building that is being constructed and, with certain exceptions, the City and building inspector are not liable for errors that might have been made. He stated that all the facts are needed and then case laws have to be reviewed. He stated that he would prepare a memo on the question of the City's liability. He stated there is no question in his mind that the primary person that should have been liable is the builder. He stated that if there was a separate contractor, that person also should have been liable. He stated that there is a question of liability on the part of the architect, and they all have the responsibility to construct according to code. Mr. Herrick stated that after he has had the opportunity to review this matter further he would submit a report and would advise Council regarding the legal responsibility. He stated that if the City has some legal liability than the claim should be turned over to the City�s insurance company. Mr. Rochelle asked when a City inspector signs off that the work is completed and has been inspected, does he physically have to see , that the work has been done. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 19 � Mr. Herrick stated that what the inspector has to do is examine the structure to the best that he can observe and determine whether it meets code or not. Councilman Schneider asked the cost to add two fire stops. Mr. Rochelle stated the stops cost $15D each. Mayor Nee stated that a report will be forthcoming from City staff regarding this issue. APPROVAL OF 1991-1992 CONTRACT WITH THE TWIN CITY AREA URBAN CORPS• MOTION by Councilman Billings to approve the 1991-1992 contract with the Twin City Area Urban Corps. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE BIDS AND AWARD CONTRACT FOR 0.5 MG WATER TANK PAINTING/ALTITUDE VALVE AND VAULT INSTALLATION PROJECT NO. 212• AND � MOTION TO AMEND THE 1991 CAPITAL IMPROVEMENT PROGRAM TO INCREASE THE 0.5 MG WATER TANK PAINTING/ALTITUDE VALVE AND VAULT INSTALLATION PROJECT N0. 212 BY $166,670.00: Mr. Flora, Public Works Director, stated that the original tank was constructed in 1962. The tank was inspected and an estimate for the repair and painting of this tank was $160,000 in 1989. He stated that in preparing plans for the 1.5 MG elevated tank, it was determined to delay construction of the altitude valve pit and incorporate it into the o.5 MG tank repair and filter plant piping system. He stated that the estimated cost for the pit and valve construction was $80,000.00 and was added to the 0.5 MG tank project. Mr. Flora stated that due to environmental concerns with lead-based paint, the paint material on the tank was inspected and found to be lead based. He stated that the plans and specifications for repainting the tank require the paint to be removed completely and appropriate precautions taken because of its close proximity to the schools and athletic/recreational facilities. Mr. Flora stated that bids were opened for this pro�ect and four bids were received. � � � FRIDLEY CITY COUNCIL MEETING OE APRIL 22, 1991 PAGE 20 MOTION by Councilman Fitzpatrick to receive the following bids for the 0.5 Water Tank Painting/Altitude Valve and Vault Installation Project No. 212: Contractor Rainbow, Inc. Odland Protective Coatings, Inc. JMG Contracting, Inc. Tenyer Coatings, Inc. Base Bid $376,667 $409,500 $417,000 $429,904 Hazardous Waste Disposal $30,000 $23,900 $83,000 $32,000 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that the low bidder was Rainbow, Inc, at $376,667.00. He stated that this bid included $180,667 for repair and repainting o£ the tank; $73,000 for shrouding to contain the sandblasted waste material, and $123,00o for construction of the altitude valve and pit. He Stated that the bid is $136,667.00 over the original estimate. Mr. Flora stated if the sandblast material is found to be aontaminated, there is an additional $30,000 cost to deal with disposal. Mr. Flora stated that a new tank of the same capacity is estimated at $400,OOD and felt the repair costs are appropriate based upon the extended life that can be expected for the tank. Councilman Schneider stated that he has raised this issue before, and the point is that the City is paying a consultant to estimate these costs and they are not accurate. He stated that it is irritating that they are so much over the estimate. Mr. Flora stated that the original estlmate in 1989 did not include the lead paint on the environmental issues and it is recommended that the bid be awarded to Rainbow, Inc. for $376,667.0o plus the $30,000 for the hazardous waste disposal. Councilwoman Jorgenson felt that it was necessary to remove the lead based paint to insure the safety of the school children. MOTION by Councilwoman Jorgenson to award the contract for Project No. 212 to the low bidder, Rainbow, Inc. for $376,667.00 plus ' $3D,000 for hazardous waste disposal or a total of $406,667.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilwoman Jorgettson, Counoilman Fitzpatrick, Councilman Billinqs � � ' FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 21 and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. MOTION by Councilman Fitzpatrick to amend the 1991 Capital Improvement Program to increase the 0.5 water tank painting/ altitude valve and vault installation project No. 212 by $166,670.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - 10 (SEALCOAT): MOTION by Councilman Billings to receive the bids for Street Improvement Project No. ST. 1991 - 10 (Sealcoat). Seconded by Councilwoman Jorgenson. Mr. Burns, City Manager, stated that Astech Corp.'s bid was entirely out of line with the other bids, and he questioned if this may have been a typographical error. MOTION by Councilwoman Jorgenson to table this item for clarification on Astech's bid. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 38-1991 REVOKING MUNICIPAL STATE AID STREET (MSAS NO. 344 L MOTSON by Councilman Schneider to adopt Resolution No. 38-1991. Seconded by Counoilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 39-1991 ESTABLTSHING A MUNICIPAL STATE AID STREET• MOTTON by Councilman Billings to adopt Resolution No. 39-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION N0. 40-1991 IN SUPPORT OF PARTICIPATING IN PLANNING FQR ALTERNATIVES FOR TRANSST SERVICES IN THE CITY OF FRIDLEY: MOTION by Councilman Billings to adopt Resolution No. 40-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. 16. This item was considered earlier in the meeting. This item was considered earlier in the meetinq. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 PAGE 22 ' 17. INFORM�L STATUS REPORTS: There were no informal status reports. 18. CLAIMS• MOTION by Councilman Billings to authorize payment of Claims No. 37107 through 37329. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � 19. LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of George's Restaurant. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES - GEORGE'S RESTAURANT: MOTION by Councilman Fitzpatrick to approve the licenses for George's Restaurant as submitted and as on file in the License Clerk's Office, subject to a review in six months. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor nee declared the motion carried unanimously. 20. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of March, 1991. ...$9,552.00 Mark Traut Wells 151 - 72nd Avenue South 5t. Cloud, MN 56301 Repair and Maintenance of Well No. 1, Project No. 215 Estimate No. 2 . . . . . . . . . . $4,145.00 C� � � FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1991 Mark Traut Wells 151 - 72nd Avenue South St. Cloud, MN 56301 Repair and Maintenance of Well No. 4, Project No. 215 Estimate No. 2 . . . . . . PAGE 23 $2,600.00 Seconded by Councilman Schneider. Upon a voice vo�e, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to ad7ourn the meeting. Seconded by Councilmasi Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 22, 1991 adjourned at 11:50 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor