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09/30/1991 - 00006201� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 30, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:33 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Councilmembers and audience in the Pledge of Allegiance. ROLL CAZL: MEMBERS PRESENT MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick None PRESENTATION OF PROCLAMATION: SHOREWOOD DAYS, SEPTEMBER 25 - OCTOSER 15, 1991: Mayor Nee issued a proclamation proclaiming September 25 - October 15, 1991 as Shorewood Days in the City of Fridley in recognition of twenty years of service that the Shorewood Restaurant has given to the community. He stated that at one time this building was owned by the City, and the present owners have turned the facility into a successful establishment and he complimented them on their progress. APPROVAL OF MINUTES: COUNCIL MEETING. SEPTEMBER 9. 1991: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. � ;�p FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 PAGE 2 � OLD BUSINESS: 1. ORDINANCE NO. 977 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS 1REZONING REQUEST, ZOA #90-01. BY NNRPHY OIL COMPANY): MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 977 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Councilman Schneider stated that construction has begun on this site and questioned whether this should be allowed before the final reading of the rezoning ordinance. Ms. Dacy, Community Development Director, stated that only a portion of the parcel was rezoned, and the entire site received a special use permit and variance for construction of the facility. She stated that a permit was issued to begin clearing and grading of the site, but the County wanted a storm sewer connection to the proposed pond. She stated that the City has received a letter from Murphy Oil petitioning for these storm sewer improvements, waiving their right to a public hearing, and agreeing to pay the assessments for the project. � Councilman Schneider stated that his concern was if the rezoning was denied, what would happen to the construction that has already been completed. ' Ms. Dacy stated that if this happened a stop work order would have to be issued. She stated that in this case all stipulations were in order, and staff did not foresee this type of problem. Councilman Schneider stated his concern is that a precedent may be set by allowing construction to begln before the second reading of the rezoning ordinance. Ms. Dacy stated that in the future, staff will make sure this does not happen. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVE PETITION NO. 5-1991 FROM MURPHY OIL DATED SEPTEMBER 18, 1991 REGARDING STORM SEWER IMPROVEMENTS: MOTION by Councilwoman Jorgenson to receive Petition No. 5-1991 from Murphy Oil regarding storm sewer improvements. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. " � ;.i � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 PAGE 3 2. QRDINANCE NO. 978 AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF SPECIAL USE PERMITS FOR EXTERIOR STORAGE OF MATERIALS AND EOUIPMENT AND ROCx CRUSHING ACTIVITIES IN THE M-1, LIGHT INDUSTRIAL AND M-2, HEAVY INDUSTRIAL ZONING DISTRICTS, AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT: MOTION by Councilman Fitzpatrick to waive the reading of Ordinance No. 978 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. 3. NUISANCE ABATEMENT AT 64TH WAY AND ASHTON AVENUE fTABLED 9/9/91): MOTION by Councilman Fitzpatrick to remove this item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. Ms. Dacy, Community Development Director, stated that this property is located in the northeast corner of Ashton Avenue and 64th Way. She stated it is requested that Council abate certain nuisances on the property including removal oP the trae house, removal of the piles of debris, removal of vegetation two inches and smaller, and cutting the grass and weeds on the property. Ms. Dacy stated residents were property. She regarding police the nuisance. that at the last Council meeting neighboring present, and staff presented a video of the stated that a report was requested by Council activities and an estimate on the cost to abate Ms. Dacy stated that Council has received a printout of police activities in the area; however, it is difficult to determine if calls are directly attributable to this vacant lot. She stated that the Police Department has on record one poliae call in the last two years that they can directly relate to this property. She stated that the lot is adjacent to the railroad tracks, and it is known that hobos may frequent the site. Ms. Dacy stated that it is estimated it would cost $4,351.84 for the City to undertake the abatement of this nuisance. She stated that two private contractors were contacted, and their estimates were $3,750.00 and $4,250.00 to remove the tree house, debris piles, and vegetation two inches and smaller. Ms. Dacy stated it is requested that Council authorize the abatement of this nuisance, and staff recommends the hiring of a private contractor to accomplish this task. Councilwoman Jorqenson asked if a private contractor was hired, if administrative costs would still be added. i y1 FRTDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 FAGE 4 � Ms. Dacy stated that she believed administrative costs would be added to cover staff's cost for assessing the property. Mr. Herrick, City Attorney, asked if these costs were submitted to the property owner. Ms. Dacy stated she cannot verify that the owner has received this information. Mr. Herrick asked if the property owner or representative was present this evening, and there was no response. Ms. Karen Hendricks, 20 63-1/2 Way N,W., stated that she has lived at this address for 24 years. She stated that during this time the City has received many complaints on this lot, and she has personally spoken with Mayor Nee, Steve Barg, and Commissioner Kordiak. Ms. Hendricks stated that she had a man step out in front of her car from the dark, vacant lot at 11:30 in the evening, which really frightened her. She stated that there is an immense amount of prowling in this neighborhood, and someone could hide in the underbrush on this property. She stated that there are children across the street playing, and the lot is a potential hazard. She � asked that the underbrush, debris, and tree house be removed. She stated that she has seen transients sleeping on the lot. She stated that over the last eight years she has called to have this property cleaned up. Ms. Mavis Vitums, 6390 Ashton Avenue, stated that she has had people come out of this lot and turn on her outside faucets. She stated that she has also witnessed drug dealers on this property and juveniles smoking in the area. She stated that she has an adult foster care home with vulnerable adults and has to keep them indoors in the evening because the area is not safe. 5he stated that children are also getting their feet cut because of the broken glass on the lot. Ms, Vitums stated that she would like the lot cleaned, and she also stated that a street light is desperately needed on the corner. She stated that she cannot understand the police report which indicates there have not been any calls, as she herself has called. Ms. Betty Dornbusch, 40 64th Way N.E., stated that the lot is a potential hazard, and that she has spoken with Steve Barg and he concurs it is a problem. She stated that there are children in the area, and there have been reports of people with drug problems hanging around this property. She stated that she has called the police, that she is angry with the situation, and that something should be done. She stated that they do not want the lot bulldozed � but the underbrush removed. -, , rs r_ FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30. 1991 PAGE 5 � Mayor Nee stated that the question is if the owner is willing to cooperate. He stated that he felt there is a violation of the weed ordinance, and a determination will have to be made whether this is a nuisance. Ms. Jan Unglaub, 6425 Ashton Avenue N.E., stated that she lives next door to the property in question and has never had any problam. She stated that there have been deer and pheasant on the property, and younger children built the tree house a few years ago. MOTION by Councilman Fitzpatrick that the Council find that a nuisance daes exist on this property. Seconded by Councilman Schneider. Councilwoman Jorgenson stated that the lot can be declared a public nuisance, but asked what would insure that this would not happen again. Ms. Dornbusch stated that the other residents are forced to maintain their property and felt this property owner should do the same. She stated that the City has mowed the property, but has not done so in eight years so she £elt the City is also at fault. She stated that cars pull up to the lot and honk, and someone comes ' out, hands them a bag, and they take off. Ms. Hendricks stated that over the last eight years, she has called the police regarding problems with this property. She stated that Ms. Vitums called the police on two men in her back yard. She stated that the lot provides a good hiding place. Councilman Billings stated the motion finds that a nuisance exists, but felt it should be more clear exactly what constitutes a nuisance. He stated that if Council determines that trees two inches and smaller also constitute a nuisance, this should be stated. Councilman Fitzpatrick stated that there is evidence the lot harbors transients, which he believes is the greatest part of the nuisance. Mr. Herrick, City Attorney, stated that he is satisfied there is sufficient evidence to constitute the finding of a nuisance, but is not convinced the City has given the property owner adequate notice. He stated that he would suggest if the Council determines it is a nuisance and decides what has to be done to abate the nuisance, that notice should be given to the property owner on what has to be abated, the costs, and a time to accomplish this task. He stated that if action is not taken by the owner, the City may ' proceed to have the nuisance abated and assess the property for the cost plus a 25 percent administrative fee. r FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 PAGE 6 � Mayor Nee stated that the question is the finding of a nuisance and the nature of the abatement. Councilman Billings stated that he wanted to make sure that it is clear what should be done to abate the nuisance. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that if it has taken over eight years to have this property cleaned up, she did not want the same thing to be repeated again in the future. Mayor Nee stated that he felt there was control under the City's Weed Ordinance. Ms. Hendricks felt that once the property owner is notified and if nothing is done, then it is in the City's hands to take care o£ the problem. She felt that the City should follow through to make sure this lot does not aqain become a nuisance. Councilman Billings stated that there seems to be a multitude of problems on the site and the use of this lot as a dumping ground. He asked if the City can require that "no dumping" signs be placed � on the property spelling out the penalties for violation. Councilman Fitzpatrick stated that it was not his intention to make a motion on the direction of the abatement as he felt the City has the power to take action. Ms. Dacy stated her understanding is that Council wants the tree house removed, the debris removed, as well as the vegetation below two inches in diameter. Mr. Herrick stated that he wanted to make sure the City gives adequate notice to the property owner so that any special assessment on the property would be upheld. He felt that a more specific notice has to be given to the property owner on what needs to be done to abate the nuisance. He felt that the costs should be given to the owner and a certain amount of time given to remove the tree house, debris, cut the grass, and remove the trees below two inches in diameter. Councilman Billings stated his concern is that there are ordinances to cover the cleanup of the property and cutting the grass; however, there is not an ordinance saying that all trees below two inches in diameter have to be removed. He stated that from a practical standpoint the lawn cannot be mowed without removing these trees. He felt that there needed to be a finding of fact � that they are a nuisance. He stated that if there is no response from the property owner, the City may be faced with a lawsuit for �, ,,,,, ���t.. -„�� � ' ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 PAGE 7 removing the trees. He stated that he wanted to make sure the City is covered so as not to get into unnecessary litigation. Mayor Nee stated that rank vegetation is prohibited by the ordinance, but there is no reference to saplings. Councilwoman Jorgenson stated that she would propose the following motion which she felt clarified the City's position. MOTION by Councilwoman Jorgenson that due to the lack of mowing, trees up to two inches in diameter have sprung up thus prohibiting the effective mowing and removal of trash, the tree house, and litter. This has contributed to the public nuisance of the property at 64th Way and Ashton Avenue, Lots 13-16, Block 13, Fridley Park. Staff is directed to abate the public nuisance and notify the property owner, Anna Marie Huston, o£ the charges that will be assessed aqainst her property. Ms. Huston will be given fifteen days to respond to the abatement. If there is no response or the abatement has not commenced, the City will begin abatement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 4. LOCKE LAKE DISCUSSION: Ms. Mary Vasecka, 6909 Hiokory Drive, stated that she has received a letter from Mr. Flora regarding their concerns relative to the clean up of Locke Lake. She stated that the Locke Lake Homeowners Association will be meeting, and they will respond with their plans. Mr. Flora, Public Works Director, stated that Ms. Vasecka submitted a letter regarding the Rice Creek Watershed District's preliminary report and the Locke Lake Homeowners Association concerns. Mr. Flora stated that the City has reviewed the report and found it to be feasible with some reservations. He stated that as far as alternatives to reduce the cost, alternative materials were reviewed. He stated that the Rice Creek Watershed District was asked to fund another study for a straight structured dam which they approved and this study should be completed in the near future. He stated that the sedimentation will be checked, and it probably will be several weeks before data is received. Mr. Flora stated that as far as the cost of the project, those were preliminary figures and he felt the ballpark numbers are some that can be used. He stated that as far as other funding sources, Representative Simoneau has provided a means of some support through the Department of Natural Resources' dam projec�; however, he stated it was felt that there would not be any additional �� FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 30, 1991 PAGE 8 � support other than the grant. He stated that Anoka County is interested in a canoe portage, and some funding may be provided. Ms. Vasecka asked if there was a time limit on the grant. Mr. Flora stated that he did not believe so, and the grant was for $150,000 and another $150,000 loan. Mr. Flora stated that the City plans on replacing the dam if the residents support it. He stated that he has been assigned to be the coordinator for the City, and the earliest time frame is a year's aonstruction, He is not sure when this would begin. He stated that once plans are finalized, there will be public hearings and some assessment and taxation hearings. He stated that upon approval of the project, plans and specifications will need to be prepared. Ms. Vasecka stated that the Locke Lake Homeowners Association really appreciated the Council's and staff's assistance. She requested a written time frame. She stated that the study was suppose to take ten weeks, and it took ten months. She stated that she felt it was important to obtain a time frame. She stated that they want to keep moving on this project in a timely fashion. � Councilman Schneider stated that bureaucracy does move slow, and projects which he felt would be completed in two or three years ended up taking eight to ten years. He felt that the City would be going out on a limb to predict a time frame, as it is very difficult to try and predict a date. Ms. Vasecka stated that she would be happy if it only took eight to ten years as, theoretically, this started in 1977. Ms. Vasecka stated that the Locke Lake Homeowners Association would do whatever they could to get the project started and would assis� Mr. Flora and Council in any way possible. Mr. Flora stated that he did not think he could give a date for the project to begin. He stated that the Rice Creek Watershed Dastrict has never undertaken a project of this magnitude. He stated that they are determining how to obtain funding for this project. He felt that it was beneficial for the Locke Lake Homeowners Association to attend the meetings of the Watershed District to answer any questions. Ms. Vasecka asked if a two-year time frame was realistic. Mr. Flora stated he felt that, realistically, something could ' happen next year assuming everything continues to proceed. He stated that he is in contact with the RCWD engineer for updates almost on a daily basis. , � M FRIDLEY CITY COONCIL MEETING OF SEPTEMBER 30. 1991 PAGE 9 ' Ms. Vasecka asked if something could be done about the weed problem in Locke Lake. Mr. Flora stated that the lake cannot be harvested, as the 5tate wildlife personnel are looking at this as a wildlife refuge. Ms. Vasecka stated that she felt the Homeowners Association should come back to Council in three months for another update. Mr. Flora stated that as information becomes available it will be presented to the Locke Lake Homeowners Association. FRIDLEY BUS COMPANY DISCUSSION: Ms. Dacy, Community Development Director, stated that Mr. Bruce Lundberg, 230 Rice Creek Terrace, appeared before the Council at their September 9, 1991 meeting regarding their concerns on operations at the Fridley Bus Company. She stated that Mr. Lundberg stated the neighborhood wants the City to pursue enforcement of all the stipulations attached to the 1973 building permit. Ms. Dacy stated that she and the City Attorney, Mr. Herrick, met with the owner of Fridley Bus Company, Mr. Butch Voigt, and his ' legal counsel, Mr. Barrett Colombo on September 17, 1991. She stated that, previously, Mr. Herrick sent them a letter outlining the City's position. She stated that the letter advised them that (1) Storage and parking o£ buses within the 100 foot setback is not permissible according to the M-1 district; (2) Clearance of vegetation violated the condition of the 1973 variance approval; (3) Any change to the parkinq lot must be approved by the City; (4) An overall plan of the parking area shall be submitted along with a letter from the owner of the Stylmark property regarding use fo the area; (5) Cooperate in any noise or air pollution tests; and (6) Cooperate with the Fire Department and MPCA rega�ding above and below ground fuel storage tanks. Ms. Dacy stated that Fridley Bus Company's response was as follows: (1) They believe screening today is better than what existed. The fence will be double slatted. Further, they will submit plan to add evergreens on the east side of fence toward the neighborhood; (2) They believe the building permit and variance stipulations are not enforceable, because the screening is better today, they want the ability to park cars in the cleared area and store four school buses between the fuel storage tank and building; (3) Mr. Voigt submitted a letter stating no paving is to occur (if newly created storage/parking area is used, the ordinance requires it to be paved); (4) They agreed to submit a letter from Stylmark; (5) They are willing to cooperate; if no "selective enforcement." They are ' proposing to install plug-ins to heat engines of buses stored outside (a resident did report waking up from revving engines at midnight); and (6) The above ground fuel storage tank meets the r, FRIDLEY CITY COUNCIL MEETING OF BEPTEMBER 30, 1991 PAGE 10 � Fire Code requirements; leak inspection is in process for underground tanks. � � Ms. Dacy stated that the neighborhood is requesting enforcement of the building permit and variance stipulations versus Fridley Bus Company wanting to use the newly created area for automobile parking, to park four buses between the fuel storage tank and the building, double slat the fence, and plant additional evergreens. Ms. DaCy stated that the issues for Council are enforcement of the original building permit and variance stipulations to prohibit any activity within 85 feet of the lot line versus accepting the notion that screening today is better than the original vegetation and permit Fridley Bus Company's proposal, and that a paving and drainage plan would be required. Ms. Dacy stated that Fridley Bus Company stated they did not wish to attend the meeting this evening. Mr. Bruce Lundberg� 230 Rice Creek Terrace, thanked Council for responding to their request. He stated that the neighborhood still wants the original stipulations enforced. He stated that he believed the 1973 stipulations are enforceable, because the Minnesota law that required all stipulations be put on the title was passed after 1973. Mr. Lundberg fence and it stated that fence, and activities. stated that Mr. Voigt has started to double slat the is better, but not what they consider acceptable. He Mr. Voigt is saying the screening is better with a the neighborhood feels it draws attention to his Mr. Lundberg stated that the noise ordinance does not usually get enforced unless there is a complaint from the neighbors. He stated that he believed the neighborhood was tolerant when this was a small school bus company; however, they now want the stipulations enforced. Councilman Billings asked what kinds of things Mr. Lundberg would like done so that it looks similar to what it was in the past. Mr. Lundberg stated that the easterly 7D feet of the property should not be disturbed, and all vegetation should be kept in tact and the trees replaced. He felt that possibly planting some other bush, such as lilacs, may also be helpful. He stated that another big issue is the outside storage of the buses, which is probably as great an issue as the plantings. He stated that the diesel buses are causing the noise and smell. Ms. Dacy stated that they propose to store the four school buses between the tank and the building, and the diesel buses would be FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 PAGE 11 � stored where they are now. She stated that Mr. Voigt stated he stores the majority of the school buses inside the building. Mr. Herrick, City Attorney, stated that 20 to 25 school buses are stored inside the building, and four small school buses are stored outside between the tank and the building. He stated that the diesel buses are stored, basically, on the Stylmark property. Mr. Waqner, 181 Rice Creek Terrace, stated that the original stipulations stated that no buses were to be parked outside. He stated there are sixteen to eighteen diesel buses running all hours of the day and night and the residents can smell the fumes. He stated that he believes the company has outgrown its site and is too large an operation for that area. Mr. Randy Kavanegh, 6701 Ashton Avenue, stated that he did not realize anyone else was concerned about the activities taking place at the bus company. He stated that Steve Barg of the City staf£ ran a noise level test on the buses last summer. He stated that the test results were that the requirements o£ the ordinance were met when the buses were idling at low levels. He stated that when the buses are idling at high levels it does exceed the residential requirements, but the ordinance states they can run at high levels for ug to an hour. He stated that the noise is one of his major � concerns, as he does not have any vegetation between his home and the bus company. Mr. Kavanegh stated that another problem is the improper language that is used by some personnel at the bus company, and stated that he called them last summer on this issue. He stated that as more diesel buses are operating from this facility, it has become a 24 hour, seven days a week business. He stated that he also has a concern regarding the resale of his property due to the noise of the buses. Mr. Herrick asked how the noise from the buses compares to the noise of the trains. Mr. Ravanegh stated that the trains are definitely louder, but the noise is only for a matter of seconds. He stated that the noise from the buses is more constant, and they are always there. Mr. Mickley, 241 Rice Creek Terrace, stated that the railroad tracks were there when the residents purchased their property; however, with the bus company, that is an entirely different situation. He stated that in an M-1 zoning district parking is not permitted within one hundred feet of a residential zone. He questioned if the stipulations are not enforced, why the M-1 zoning could not be enforced. ' Ms. Neumeister, 180 Rice Creek Terrace, stated that the bus company is noisy, and there is the smell of diesel fuel. . .,�� FRIDLSY CITY COIINCIL MEETING OF SEPTEMBEg 30, 1991 PAGE 12 � Mr. Bollesen, 240 Rice Creek Terrace, stated that in 1973 when the permiti was issued, he was neutral and with the stipulations, he did not foresee a problem. He stated that last spring when he was walking along the railroad tracks he could smell diesel fumes. He stated that the problem was spilled diesel fuel around the pumps at the bus company's facility. He stated that his understanding of the State law is that pumps are to be on concrete slabs to control spillage. He stated that he would guess the bus company is polluting Rice Creek with diesel fuel, and felt that it should be stopped. Councilman Schneider asked if the Pollution Control Agency has been contacted. Ms. Dacy stated that Mr. Voigt stated the bus company did have a spill which was corrected, and this was confirmed by the Fire Department. She stated that she understands the Pollution Control Agency was contacted regarding this property. She stated that Dick Larson of the City staif was out there last week to check the above ground tank, and she would check with the Pollution Control Agency to see if there is a problem. Mr. Lundberg stated that there is also a safety issue as Mr. Voigt is either using the residential area to test buses that have been � repaired or is using the buses for instructional purposes for his drivers. He stated that there are many young children in the area and did not believe buses should be tested or drivers trained in their neighborhood. Mr. Lundberg stated that there is reason to believe Mr. Voigt is using his £acility to repair buses for other companies as buses with other names on them have been seen at this site. He stated that if he is not repairing them, he must be storing them which only makes the problem worse. MOTION by Councilman Fitzpatrick that the policy of the City is to enforce all original stipulations including everything to be stored inside the building. Seconded by Councilman Schneider. Councilman Schneider s�ated that he felt this was a serious issue, and the consequences of not enforcing these stipulations would be devastating to the City. He felt that the City has to stand by the stipulations including the potential for litigation. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Schneider asked about the timeframe for enforcement of the stipulations. � Mr. Herrick stated that it probably will take thirty days to complete the investigation and serve the complaint. He stated that ,�� FRIpLEY CITY COUNCIL MEETING OF 8$PTEMBER 30, 1991 PAGE 13 � if this goes to court, the procedure for getting on the court calendar is such that it would take about nine months to one year. Councilman Schneider asked what could be done if there are other pollution problems. Mr. Herrick stated that City staff can work with the Pollution Con�rol Agency and ask them to attempt to measure, monitor, and enforce their regulations. He stated that in terms of noise and air quality, this would have to be measurable. 6. ESTABLISH A PUBLIC HEARING FOR OCTOBER 24. 1991, FOR THE LIGHT RAIL TRANSIT PRELIMINARY DESIGN PLANS: MOTION by Councilman Billings to set the public hearing for the light rail transit preliminary design plans for October 24, 1991 at 7:00 p.m. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that copies of the plan are available at the library and the Community Development Department for anyone interested in reviewing the plan. � 7. 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.: Ms. Dacy, Community Development Director, stated that a variance was approved by the Appeals Commission on May 10, 1988, and on July 9, 1990, the Council approved an extension of the variance to August 1, 1991. She stated that the reason for the extension was due to legal complications regarding the vacation and sale of the alley to the rear of Mr. Johnson's property. She stated that Mr. Johnson has now completed the memorialization process and is requesting another extension in order to complete the qarage aonstruction. She stated that weather permitting, he may be able to complete the work this fall. Ms. Dacy stated that the extension of the variance is based on the site plan which located the garage in the northeast corner of the property. She stated that Mr. Sohnson is now evaluating placing the garage in the southeast corner of the property. She stated that she spoke with Mr. Johnson regarding the dimensions for the variance, and asked that he obtain a letter from the property owner to the south. � MOTION by Councilman Billings to authorize the extension of Variance Request, VAR #$$-06 to July 1, 1992, with the stipulation � �� FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 30, 1991 PAGE 14 , that any new relocation of the garage on the site plan requires approval of the City staff and City Council. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVAL OF EASEMENT ENCROACHMENT AGREEMENT AT ORTHODOX CHURCH OF THE RE5URRECTION OF CHRIST LOCATED AT 1201 HATHAWAY LANE N.E.• Ms. Dacy, Community Development Director, stated that the property owner is proposing to construct a vestibule, canopy, and carport along the front of the home at 1201 Hathaway Lane. She stated that the carport portion of the proposed construction is located within a six foot wide utility easement running along the west side of the property. Ms. Dacy stated that the garage was constructed in 1967; however, it was unknown to the City that a six foot utility easement existed where the garage was constructed. She stated that the City relied on an erroneous survey dated November 9, 1962 which did not indicate this easement on the property. She stated that the error was not discovered until the property changed ownership. Ms. Dacy stated that an easement encroachment agreement between the City and the property owner would acknowledge the existence of the � garage and carport in this area, but that the property owner would be responsible for replacement costs for any repairs or replacements of the qarage and/or carport if the City needs to use the utility easement. She stated that the carport needs to be shifted to the rear to comply with the 25 foot setback. Councilman Schneider asked the use of the property, as he understands it is a place for the fathers and sisters to reside. Ms. Dacy stated that she understands it is a single family home for Father Magram. Father Magram, Orthodox Church of the Resurrection of Christ, stated that there has been no change in the status for the last several years, but they do have a house chapel. Councilman Schneider asked if they generate a lot of outside traffic. Father Maqram stated that not more than four or five cars once or twice a week. Councilman Schneider asked the primary purpose of the carport. Father Magram stated that it is for architectural purposes to � counterbalance the vestibule. FRIDLEY CITY COIINCIL MEETIN6 OF SEPTEMBER 30, 1991 PAGE 15 1 Councilman Schneider asked Father Magram if he was in agreement to shifting the carport, and he answered in the a£firmative. Mayor Nee asked Father Magram if he was willinq to enter into a hold harmless agreement that if the City had to accomplish work in the easement, the property owner would be responsible for any repairs, replacement, or restoration costs. Mr. Herrick, City Attorney, stated that there are pipes in the easement that are actively being used, and the general rule is that people can build on an easement as long as what they build is not inconsistent with the purpose of the easement. He stated that if a property owner builds on the easement, and it is necessary for the City to repair the pipe, the City can accomplish this and is not responsible for restoring the property. He stated that this would apply to the garage as well as any new construction. Councilman Billings asked if the hold harmless agreement is filed with Anoka County so any future owners would discover it in a title search. Ms. Dacy stated that it would be staff's intention to file this aqreement with the County. � Councilwoman Jorgenson stated that back in 1989 when the Council addressed this issue, she understood this was a monastic home and not considered the Orthodox Church of the Resurrection of Christ. She asked if the Council can request that the architectural design of the carport and vestibule be consistent with residential homes. Mr. Herrick stated that he did not feel this could be done. Councilman Billings stated he did not think that by acknowledging that the Orthodox Church of the Resurrection of Christ owns the property, the City acknowledges that the property is used as a church. He stated that there are many religious organizations that own residential properties. Councilwoman Jorgenson stated that she would guess that none of the neighboring property owners were notified of this item. She stated that she thought this was a monastic home although the agreement is with the Orthodox Church of the Resurrection of Christ. Father Magram stated that they have a house chapel and bible classes, and nothing has changefl since they were here before the Council several years ago. Councilman Schneider asked if the number of persons living in the home has changed. Father Magram replied in the negative. ' Councilman 5chneider stated that his concern is if this is something that intrudes in a residential neighborhood and traffic FRIDLEY CITY COUNCIL MEETINQ OF BEPTEMSER 30, 1991 PAGE 16 � becomes a problem. He stated that if vestibules and carports are added, it seems there is a narrow line as to the perception of the use of the property. Father Magram stated that there has been no change in the situation, and the issue is the encroachment. Councilwoman Jorgenson stated that she felt there is more of a change to a church versus a monastic home. Father Magram stated that he understands the concern, but there has not been any changes. Councilwoman Jorgenson stated that she wanted to make it perfectly clear that this is just a hold harmless agreement on the utility easement. Mr. Herrick stated that he talked with Ms. Dacy, and all of the construction being done is within the limits of the City's building code and the required setbacks. He stated that a variance is not required from the setback requirements. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the mutual agreement with the Orthodox Church � of the Resurrection of Christ and that this hold harmless agreement be filed with the County, contingent on the revision of the site plan to indicate compliance with the 25 foot setback from the front lot line. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. � 9. RECEIVE THE 1992 BUDGET OF THE NORTH METRO CONVENTION AND TOURISM BUREAU: Mr. Hunt, Assistant to the City Manager, stated that the City has a contract with the North Metro Convention and Tourism Bureau who is the designated recipient of the lodging tax. He stated that this lodging tax has to be used for the purpose of promoting tourism and conventions in this area. Mr. Hunt stated that every year the Bureau submits its budget to the Council for their information, and this should be received by the Council. MOTION by Councilwoman Jorgenson to receive the North Metro Convention and Tourism Bureau budget for 1992. Seconded by Councilman Schneider. Counailman Billings questioned some of the memberships, namely, the Metro Association of CVB's. .�� , �� � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30. 1991 PAGE 17 Mr. Hunt stated that the Bureau was quite hesitant about joining this organization; however, they are in charge of getting conventions in the Twin Cities area. Councilman Billings asked if there were any joint ventures with the Chambers of Commerce and/or the North Metro Mayors Association. Mr. Hunt stated that he knows the North Metro Mayors Association is not involved, but there are individual contracts with each Chamber of Commerce for services they provide. Councilman Billings asked if a brief description of what is involved with the Chambers of Commerce could be submitted to the Council. Mr. Hunt stated that he would ask the Executive Director for this information. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. APPROVAL OF 1992 SCHOOL DISTRICT REFERENDUM LEVY RETURN AGREEMENTS• Mr. Pribyl, Finance Director, stated that these agreements are to return the 1992 referendum levies associated with tax increment � financing districts. He stated that the agreements would return approximately $376,061.1D to the four different school districts in the City, an increase of fifteen percent from the 1991 estimated return amount. xe stated that the main reason for the increase is due to the Moore Lake Commons development. He stated that the agreement is an estimate of the amount to be returned, but did not anticipate any major changes. Councilwoman Jorgenson asked what contributed to the nine percent decrease in School District No. 13. Mr. Pribyl stated that was probably due to the changes in commercial and industrial rates. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the turn back agreements with School Districts No. 11, 13, 14 and 16. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF LEASE AGREEMENT WITH SCHOOL DI5TRICT NO. 14 TO LEASE THE "A" FRAME BUILDING LOCATED AT NORTH INNSBRUCK PARK. ARTHUR STREET• MOTION by � Manager to No. 14 for Counoilman Schneider to authorize the Mayor and City enter into the lease agreement with School District the "A" frame building. Seconded by Councilwoman FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 PAGE 18 � Jorgenson. Ugon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. AWARD CONTRACT FOR SKYWOOD LANE WATER EXTENSION PROJECT NO. 220: AND CONSIDERATION OF CHANGE ORDER NO. 1 FOR PROJECT NO. 220: Mr. Flora, Public Works Director, stated that bids were received for this project to construct a water line along I-694 right-of- way and to extend the water line behind Menards and the Skywood Inn motel by Council at the August 12 meeting. He stated that the City was not successful in obtaining an easement from Menards. He stated that, therefore, it is requested the contract be modified to allow the use of the existing right-of-way from Cheri Lane, 53rd Avenue, and the utility easement in front of Skywood Mall Shopping Center. Mr. Flora stated that Northdale Construction was the low bidder, and recommended the contract be awarded to them using the cast iron pipes. Mr. Flora also requested that Council consider Change Order No. 1 in order to implement this bypass system. � MOTION by Councilman Billings to award the contract for the Skywood Lane Water Extension Project No. 22D to the low bidder, Northdale Construction, in the amount of $108,632.00. Seconded by Councilman Fitzpatrick, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Billings to authorize Change Order No. 1 for the Skywood Lane Water Extension Project No. 220 with Northdale Construction in the amount of $5,875.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 14. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 39442 through 39738. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 15. LICENSES• PAGE 19 MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's �ffice. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. ESTIMATE5: MOTION by Councilman Schneider to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Blvd. Suite 400 Minneapolis, MN 55433 Services Rendered as City Attorney for the Month of August, 1991. .. Newquist & Ekstrum, Chartered 301 Fridley Plaza O£fice Building 6401 University Avenue N.E. Fridley, MN 55432 . $ 13,011.01 Services Rendered as City Prosecuting Attorney for the Month of August, 1991 ...$ 8,805.00 Halvorson Construction 4227 - 165th Avenue N.E. Anoka, MN 55304 1991 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 4 . . . . . . . . . . . . . . . $ Rainbow, Inc. 7324 - 36th Avenue North Minneapolis, MN 55427 9,418.39 .5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. 212 Partial Estimate . . . . . . . . . . . . . . $ 151,763.45 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. . . . . . . . . . . . . �� ; . . $ 174,061.61 � � � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 30, 1991 PAGE 20 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 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 September 30, 1991 adjourned at 10:05 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor