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09/08/1992 - 00005665� � � 1 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OE SEPTEMBER 8. 1992 The Regular Meeting of the Fridley City Counci3 was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT MEMBERS ABSENT Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick None PRESENTATION OF PROCLAMATION: ENVIRONMENTAL PROTECTION DAY - OCTOBER 3, 1992: Mr. Burns, City Manager, read a proclamation proclaiming October 3, 1992 as Environmental Protection Day in the City of Fridleyo Mayor Nee issued the proclamation, and he urged citizens to take advantage of this day to properly get rid of hazardous materials in a way to protect the environmenta Councilwoman Jorgenson stated that the City is holding a household hazardous waste collection day on October 3, 199"L at Columbia Arena for residents to properly dispose of these hazardous waste materials. APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 17, 1992: MOTION by Councilman Fitzpatrick Lo 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 Schneider to adopt the agenda as submitted. Seconded by Councilman Fitzpatricke Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2 � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER S, 1992 PAGE 2 OPEN FORUM, VISITORS: APARTMENT COMPLEX AT 5430 7TH STREET: Ms. Kim Edson, 501 Cheri Lane, presented a list of persons requesting the City to do whatever possible to improve a deteriorating apartment building in theix areao She stated that the Police Department is familiar with this building and the problems associated with it. She stated that it is upsetting to see what this has done to the neighborhood. She stated that homes and vehicles have been broken into, and she asked the City to act to solve this problem. The list of signatures was presented to Ward Councilmember Steve Billings. Councilman Billings stated that he received a telephone call from Ms. Edson regarding this problem, and the x�eighborhood has met to discuss it. He stated that he has spoken to the Police Department and the City staff regarding this situation, and he suggested to Ms. Edson that she present this to the Council so that a report can be received from staff at a future Council meeting. He stated that he is not sure what can be done, but the options should be examined. Councilwoman Jorgenson stated that she also has asked Jim Hill, Public Safety Director, to check into this �articular situation, 3RD STREET TRAFFIC: Mr. Dave Sinigaglio, 4875 3rd Street, stated that he appeared before the Council at their meeting in July regarding the traffic problems on Third Street, and he asked what has been done. Mr. Burns, City Manager, stated that a suggestion was made by the Public Works Director, Mr. Flora, to install yield signs, but no action has been taken as of this date. He stated that the Police Department has done a considerable amount of patrol and enforcement in this area. Mr. Sinigaglio stated that there has been additional enforcement; however, when drivers spot a police vehicle, they naturally slow down. He stated that the people in his area support his efforts to have something done about the traffic in the area. He felt that stop signs were needed rather than yield 5igns. He stated that all the yield signs are east/west, and the problem is with north/south traffic. Mayor Nee stated that the City will continue to work on this problem. Mr. Sinigaglio felt that installation of the signs would be great. � 3 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 3 OLD BUSINESS• 1, ORDINANCE NO. 998 ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 18, ENTITLED "MOTOR VEHICLE BODY REPAIR BUSINESSES." AND AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES": Ms, Dacy, Community Development Director� stated that this ordinance creates a new Chapter 18 of the City Code entitled 01Motor Vehicle Body Repair Businesses." She stated that this ordinance does not apply to a repair garage or oil changing operations. Ms. Dacy stated that staff has researched several changes pertaining to Section 18.12, sub-section 1, Issuance of License Conditions, and submitted a revision which has been reviewed by the City Attorney's of£ice in consultation with the attorney for the repair garages. She stated that this sub-section clarifies when and where an existing business can operate while a license is pending and changes the �ime period from 30 to 45 days in which the Council shall act to approve or disapprove the license application, Ms. Dacy stated that it is recommended that the Council adopt this ordinance on second reading with t.he surimitted revisions, � MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 998 on the second reading with the amendment in Section 18.12 and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 2. SECOND READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY. CHAPTER lll. ENTITLED "VEHICLE TOWING:" Ms. Dacy, Community Development Director, stated that Council requested staff to research whether language should be added to this ordinance requirinq towing companies to clean up debris from accidents. She stated that the Public Safety Director has advised the Council that Minnesota statutes cover this issue, and it would not have to be included in the City's ordinance. MOTION by Councilman Schneider to ordinance on second reading and Councilwoman Jorgenson. waive the reading and adopt this order publication. Seconded by Councilwoman Jorgenson asked how the State Statute is enforced. Ms. Dacy stated that if the Police Department is aware of which towing company responded to an accident, they could call and ask them to clean up debris if this was not done at the time of the accident. 4 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 4 � Councilman Billings stated that the wording in the State Statute is that the debris has to be cleaned off the highway and asked if this pertains also to city streets. Ms. Dacy stated that she did not know af there was a definition of "highway," but staff could check into the matter. Councilman Billings suggested that this language could be incorporated into the City°s ordinance to cover City streets as well as highways. Councilwoman Jorgenson stated that she would concur with Councilman Billings suggestion. MOTION by Councilman Schneider to table this item so that staff can check into this further. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 999 AMENDING CHAPTER 19 OF THE CITY CODE OF THE CITY OF FRIDLEY, ENTITLED "USED MOTOR VEHICLES," BY DELETING SECTION 19.07. "BOND," AND CREATING PROVISIONS FOR JOINT LICENSE APPLICATIONS AS A MOTOR VEHICLE BODY REPAIR BUSINESS AND USED MOTOR VEHICLE DEALER, AND AMENDING SECTTON 19.04, � "FEE:" Ms. Dacy, Communrty Development Director� stated that this ordinance amendment is to allow a joint license application for those businesses that not only sell used cars, but engage in auto body repair. She stated that this joint license is a new procedure in the City, and a letter has been sent to existing businesses notifying them of this procedure and the fees. MOTION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 999 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. 4. ORDINANCE NO. 1000 AMENDING CHAPTER 24 OF THE CITY CODE OF THE CITY OF FRIDLEY. ENTITLED "SUNK XARDS," BY AMENDING SECTION 24.02, "APPLICATION," TO PROVIDE FOR JOINT APPLICATION AS A MOTOR VEHICLE BODY REPAIR BUSINESS AND A JUNKYARD, AND AMENDING SECTION 24.03. "FEES:" Ms. Dacy, Community Development Director, stated that this ordinance provides for a joint license application for businesses which are both a junkyard and a motor vehicle repair business. MOTION by Councilman Fitzpatrlck to taaive the reading and adopt � Ordinance No. 1000 on the second reading and order publication. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 5 � NEW BUSINE5S• 5e RESOLUTION NO. 65-1992 APPROVING PLAT, P.S. #92-05, WAL-MART STORE5. INC., IN FRIDLEY: Ms. Dacy, Community Development Director, stated that at the conclusion of the public hearing on this �lat at the Council meeting on August 17, 1992, there were three issues on which the Council requested further information. Ms. Dacy stated that the first issue was the performance bond, as the Council was concerned about enforcement to insure Wal-Mart would complete the improvements associated with their development; specifically, in regards to the water qualbty testing and the impact of the pond construction on the nature center site. She stated that this concern is being addressed in a revised Stipulation No. 1 which has been reviewed by the City Attorney's office. Ms. Dacy stated that this stipulation would require Wal-Mart to submit an irrevocable letter of credit for $60,000 to remain in effect for two years following the issuance of the certificate of occupancy. She stated that, in essence, the City would have to identify the exact stipulation that Wal-Mart had violated, and Wal-Mart would have the opportunity to dispute this issue before the Council. � Ms. Dacy stated that another issue was concern on the specific tests in regard to water quality. She stated that original Stipulations No. 7 and 17 have been combined into one, Stipulation No. 15, which covers the dates of the water testing and indicates Wal-Mart shall pay for these tests. She stated that the exact nature of the tests have not been defined by Mr. St. Clair, but probably would identify nitrates, phosphorus, chloride, and nitrogen in the water. Ms. Dacy stated that the third issue was the request from the owner of Springbrook Apartments for an easement over the Wal-Mart parking lot to provide additional access to the apartment complex. She stated that Wal-Mart does not want to provide joint access to the apartment complex, as they are concerned about the liability from any accidents. The elevation of their parking lot is seven feet higher than the elevation of the apartment property. She stated Wal-Mart believes that connecting the two parking lots would provide public access across private property, and ttiat the apartment complex has access to the north via 83rd Avenue. Ms. Dacy stated that staff recommends the Council approve the plat submitted by Wal-Mart subject to the twenty stipulations outlined in Exhibit A attached to this resolution. � Ms. Dacy stated that in researching an easement on the Springbrook Apartment property, staff could find no record that a 6o foot easement on the north property line was part of the final plat [� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 6 � approval. She stated that perhaps during negotiations staf:E removed that particular requirement. Mr. Ken Belgarde, owner of Springbrook Apartments, statefl that there was a sixty foot roadway and utility easement along their north property line. He stated that the easement on the west property line is a street and utility easement between the apartment complex and the Nature Center. He stated that they would like some access from Springbrook Apartments to 85th Avenue. Mayor Nee stated he could not believe that Mr. Belgarde would want all that traffic through the apartment complexe Mr. Belgarde stated that if they had access to the north, it would allow half their residents access in this direction, rather than all of them having to access the south. Ms. ➢acy stated that staff believes the street system is adequate to serve the Springbrook Apartment complex, and is recommending that Council not pursue an easement from Wal-Mart to accommodate the connection into the apartment complex, Mr. Belgarde stated that he has difficulty with the storm sewer plan, as he believed it was not fair. He stated that the water � east of University and the runof£ from their property goes into the detention ponds they have provided. He stated that water east of University is not going into detention ponds. Mr. Flora, Public Works Director, stated that the drainage plan for Springbrook Apartments dealt with the surface runoff on their property and the flow from the ditches from Spring Lake Park. He stated that Wal-Mart is doing the same thing to deal with the runoff on their property and with the water introduced into the ditch system to insure it does not exceed the original flow that is currently occurring, He stated that the amount of flow into the Springbrook Apartment complex will not change significantly. Mr. Belgarde asked about the shields on the light standards. Ms. Dacy stated that this was covered under Stipulation No, l0e Mr. Belgarde stated that he would prefer there not be a fence between the two properties. Ms. Dacy stated that under the City Code, a fence could be required, but if both property owners are in agreement to eliminate it, this could be done. Councilman Billings stated that as he understands the drainage, the � water from Mr. Belgarde's site is going into their detention ponds, and the water from the Wal-Mart site is going in to their ponds on site. He stated that the water on the east side of University , � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 7 Avenue coming from Spring Lake Park is what concerns Mr. Selgarde. He stated that if the water is coming to the Wal-Mart site now through ditches and instead of ditches they are installing pi�ing, he wondered what negative aspect it has on Mr. BelgardeBS property, as the situation is still the same. Mr. Belgarde stated that when he informed his engineer today that the water from the east of University Avenue was in pipes and coming over to his property, he was told to increase his flood insuranceo He stated that he wants to look at how Wal-Mart is handling that water. He stated that when they designed their ponding system, they anticipated detention ponds upstream. Councilman Billings asked if a roadway could be constructed along the west side of the apartment complex. Ms. Dacy stated that there is a ten foot berm and then the wetlands area begins. She stated that installittg a roadway at this location would affect the Army Corps of Engineers permit, and a significant portion of the berm would have to be eliminated. She questioned if this would be allowed by the Army Corps of Engineers. Mr. Flora stated that if a road was constructed on the west side of the property, there is not sufficient right-of-way unless some land is taken from the nature center, and that would disrupt the berming and ponding. Ms. Dacy stated that if any wetlands are destroyed, additional wetlands would have to be created equal to the amount destroyed. She stated that she doubted if this would be allowed by the Army Corps of Engineers unless Mr. Belgarde could come up with a mitigation plan. Councilman Billings stated that when this item was before the Planning Commission, Mr. Belgarde or his representatives did not appear, and only after this item has come before the Council ]have they expressed these concerns. He stated that the Council is now faced with tryinq to make arrangements for access onto the Belgarde property, and this would slow down the progress on the Wal-Mart property, Mr. Herrick, City Attorney, stated that the question of access for the Springbrook Apartment complex can be segregated from the current issue of the Wal-Mart plan. He stated that he felt if there were to be an access established from the apartment site to 85th Avenue across some portion of the Wal-Mart property it would have to be a public access and the City would have to acquire an easement through neqotiations or by eminent domain. Councilman Billings stated that, traditionally, if the Council approves a plat and easements are required for future roadway purposes, this is done at the time of plat approval. , � � 8 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 8 Mr. Greg Frank, representing Wal-Mart, stated that this access issue did come up fairly late. He stated that they tried to work with the City regarding their concerns and to accommodate the 5pringbrook Nature Center Board's concerns, He stated that Wal-Mart's concern with the apartment complex accessing through their site is one of liability. He stated that there are 358 units which would generate about seven trips per day, and introducing that traffic in their parking lot does pose a severe liability problem for Wal-Mart. He stated that they have not reviewed an access along the west property line, but he fe3t it would be most difficult as there may l�e resistance irom the Springbrook Nature Center Board due to additional traffic to this area and from the Army Corps of Engineers, as it would affect the wetlands area. Councilman Schneider stated that he can understand Mr. Belgarde's concern for another access, but he questioned what had changed as he does not have the access now. Mr. Belgarde stated that the development is changing all the time, and here is the chance to improve the quality of the apartment complex by adding another access. Mayor Nee stated that there is good access now, and it will be even better with the new frontage road. die stated that it seems the whole parkinq area at the apartment complex appears to be designed to work with the two entrances that now exist. Mr. Belgarde incorporated stated that customers. stated that after their plan was approved, they the day care center at the apartment complex. He the access would make a big difference for these Councilman Schneider stated that he did not want to delay Wal-Mart's plans. He stated that he did not have a good measure of the need for the additional access. Councilwoman Jorgenson stated that, personally, she feels that the City needs public access into that apartment complex. She stated that being able to access the apartment complex from 85th Avenue reduces the time it takes to get emergency vehicles into this area. She stated that she did not want to delay Wal-Mart's plans either, as they have been working well with the Crtyo Mr. Flora stated that if the City provides any kind of access into the Springbrook Apartment complex, it would be a public right-of- way, and vehicles would be entering into private property where there are speed bumps. He stated that the City would be receiving complaints regarding traffic drivzrzg through the apartment complex. He felt that if the City provides a right-of-way into Springbrook Apartments, access is needed all the way to 83rd whzch means a north/south right-of-way. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 9 � Councilman Fitzpatrick asked if all the Springbrook Nature Center Board's concerns had been addressed and if this project takes into consideration the preservation of some of the trees on this site. Ms. Dacy stated that these aoncerns are covered in the stipulations, and trees to be preserved will be identifiede Councilman Schneider questioned if the road configuration could be changed in order to accommodate access to the apartment complex and Wal-Mart's parking requirements. Mr. Flora stated that this would place parking on the other side of the road, and the configuration of the road has to be such that it meets MSA standards. He stated that the curves now are the minimum that are allowed. He stated that it is not practical to change the road configuration or add public right-of-way that would dead end at the apartment complex, Councilman Billings stated that he would tend to agree with staff that there are no easy solutions. MOTION by Councilman Billings to adopt Resolution No. 65-1992 wrth the twenty stipulations attached to this resolution as Exhibit A. MOTION FAILED FOR LACK OF A SECOND. � Mr. Frank asked that the Council either approve or disapprove the plat because they have to close on this property. He stated that they needed a decision one way or the other. Msa Dacy stated that Counci7. could approve the plat, and if Mr. Belgarde wants to pursue an access he can submit a plan to the Council that would provide that connection on the northeast corner and request the Council evaluate whether they wish to condemn or obtain an easement from Wal-Mart. Councilwoman Jorgenson stated that from a public safety point of view she is seriously ooncerned that there be some type of access to the Springbrook Apartment complex. She stated that she can understand Wal-Mart's concern with the liability issue. She felt, however, that somethinq could be worked out to benefit everyone. She stated that under the circumstances, she would reconsider the plat. Councilman Schneider stated that he does not know if Mr. Belgarde can overcome �hese difficultiese Mayor Nee felt that this process has come too far to be in a deadlock. � Councilwoman Jorgenson stated that she is not opposed to assisting Mr. Belgarde with an access for public right-of-way whether it comes to condemnation or eminent domain. 10 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 10 ' Mr. Frank stated that the City does have the right of eminent domain. He felt that the northeast corner would not be the solution to the problem. He stated that if he can be proven wrong, he suspected Wal-Mart would be willing to talk to Mr. Belgarde. MOTION by Councilwoman Jorgenson to approve Plat, P.S. #92-05 for Wal-Mart. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilman Fitzpatrick and Councilman Billings abstained from voting on the motion, Mayor Nee declared the motion carried. MOTION by Councilwoman Jorgenson to direct staff to continue to work with Mr. Belgarde to try and develop an access, public or private, £or the Springbrook Apartment complex onto the frontage road that correlates with 85th Avenue. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Billings abstained from voting on the motion. Mayor Nee declared the motion carried, Councilman Schneider stated that the motion for approval of the Wal-Mart plat did not contain the twenty stipulationso � MOTION by Councilman Schneider to reconsider the previous vote on approval of the Wal-Mart plat. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to adopt Resolution No. 65-1992 with the attached twenty stipulations included in this resolution as Exhibit A. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: Mayor Nee called a recess at 9:44 p.m. RECONVENED• Mayor Nee reconvened the meeting at 10:00 p.m, All Council members were present. 6. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICT5 (REZONING REOUEST. ZOA #92-05, BY MCCOMSS, FRANK, ROOS & ASSOCIATES, INC., FOR WAL-MART STORES, INC.): � MoTION by Councilman Fitzpatrick to waive the xeading and approve the ordinance on first readinq. Seconded by Councilman Schneider, Upon a voice vote, Councilman Fitzpatrick, Councilman Schneider, 11 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1992 PAGE 11 � Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings abstained from votinq on the motion. Mayor Nee declared the motion carried. 7. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 8, 1992: A. SPECIAL USE PERMIT REOUEST, SP #92-07, BY MCCOMBS, FRANK, ROOS & ASSOCIATES. INC.. FOR WAL-MART STORES, INC., TO ALLOW GARDEN CENTERS OR NURSERIES WHICH RE UIRE OUTSIDE DISPLAY OR STORAGE OF MATERIALS. GENERALLY LOCATED AT 85TH AND UNIVERSITY AVENUES• MOTION by Councilman Schneider to grant Special Use Permit, SP #92-07, with the following stipulations: (1) Plat request, P.S. �92-05, shall be approved; (2) Bulk items shall be stored adjacent to the main building and screened from the public right- of-way; and (3) There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETSNG OF AUGUST 12, 1992• � A. SPECIAL USE PERMIT REOUEST, SP #92-08, BY ROBERT LISKA, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING OVER 24Q SOUARE FEET, GENERALLY LOCATED AT 424 LONGFELLOW STREET N.E.: Ms. Dacy, Community Development Director, stated that this request is for a special use permit to allow a second accessory building over 240 square feet. She stated that the petitioner currently has an attached two car garage, and is proposing to construct a 24 by 40 £oot four car garage. She stated that the petitioner, Mr, Liska, builds and restores cars. Ms. Dacy stated that the Planning Commission on a 4 to 1 vote recommended approval of this special use permit to build the second accessory building with eight stipulations. She reviewed these stipulations with the Council. Mr. Liska, the petitioner, stated that he has spent over $17,000 in renovating his home. He stated that there is an unattached garage on the property which was built in 1944 when the home was constructed. He stated that he wished to xemove this garage and construct a 24 by 40 foot four car garage. He stated that the estimated cost for this garage is $17,000, � Mr. Liska stated that he meets all the requirements of the Zoning Code, and he did not plan to operate a business from the garage. He stated that this is specifically outlined in the stipulations, ' 12 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 12 and he would lose the building if he did not comply. He stated that his hobby is restoring old cars, and he does one car every two years. Councilwoman Jorgenson questioned what this would do for the potential resale of the property, as the qarage space would be larger than the home. Mr. Liska stated that he plans to add to the home in the future. He stated that he wants to fix the property and make it look nice. He stated that i£ he has to build a smaller garage, he would consider it, but he has requested the maximum space allowed under the code. Councilwoman Jorgenson stated that she has a difficult time with this four car garage since there is alread� a two car qarage attached to the home. Mr. Liska stated that he has never had any complaints from his neighbors. He stated that the four car garage would only be used for storaqe, as he does all his work in the attached two car garage. Councilman Billings stated that the City ordinance prescribes that � an accessory building cannot be larger than the home. He asked if this takes into consideration combining the sizes of all accessory buildings or if no single accessory building can be larger than the home. Ms. Dacy stated that no single accessory building can be larger than the home. Councilman Billings stated then that a person could have a 24 bv 20 foot home and two garages 24 by 19 feet and still meet the code. He stated that a special use permit £or a second accessory building is a legal use unless the governing body can show there is a problem with the health, safety, or welfare of the community. Mr. Overlie, 433 79th Way, stated that Mr. Liska made the statement that he only works on one car every two years, so he did not know why he needed a six car garage. He stated that Mr. Liska has stated that he has not had any complaints, and that is because he has not started these cars. He stated that it is difficult to get these old cars started without any noise. Mr. Overlie stated that he has no ob7ection to a man having a hobby unless it encroaches on a nice neighborhood. Mr, Overlie stated that there are several eyesores in this neighborhood and that something should be done. He stated that he � has spent over $9,000 in landscaping, and those who try to improve the area shauld not have to put up with anything more than a minor hobby. � L_ J 13 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 13 Mr. Overlie stated that, at constructing a two car garage. east who were in favor of this property. most, Mr. Liska should only be He stated that the neighbors on the special use permit do not own the Councilwoman Jorgenson stated that she would be in favor of a double car garaqe, but she has difficulty with a four car garage. Mr. Liska stated that he would be happy with a two car garagep if he could not construct the four car garage. MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #92-08, based on the construction of a 24 by 24 foot garage� with the following stipulations: (1) the accessory structure shall be compatible with the existing dwelling unit and shall not exceed 14 feet in height; (2) the petitioner shall provide a hard surface driveway by September l, 1993; (3) the accessory structure shall not be used for a home occupation as per Section 205.03.34 of the Zoning Code; (4) the petitioner shall not repair automobiles for profit; (5) there shall be no painting of automobiles in the accessory structure; (6) there shall be no storage of automobiles on the property or in the accessory structure which are not registered to the property owner; (7) all cars and car parts undergoing or awaiting restoration must be stored inside; and �8) if Stipulation Nos. 3-6 or any other provisions of the City Code are violated, the City reserves the right to terminate the special use permit. The petitioner, his heirs, and assigns understand that termination of the special use permit will require removal of the accessory structure. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of August 12, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF AUGUST 18, 1992• A. VARIANCE REpUEST, VAR #92-17, BY ROGER LUEBECK, TO UPGRADE A NON-CONFORMING STRUCTURE WHICH HAS BEEN DECLARED UNSAFE BY THE CITY WHEN THE NECESSARY REPAIRS CONSTITUTE MORE THAN FIFTY PERCENT OF THE FAIR MARKET VALUE OF SUCH STRUCTURE; TO ALLOW HABITATION OF A SINGLE FAMILY DWELLING LESS THAN 1,020 SQUARE FEET, GENERALLY LOCATED AT 1571 75TH AVENUE N.E.e Ms. Dacy, Community Development Director, stated that this is a request for two variances, one to allow the repair of a non- � conforming structure which the City has declared unsafe and in which the repairs exceed fifty percent of the fair market value of the structure, and the other variance is to allow habitation of a � � � 14 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 14 single family dwelling unit less than 1,020 square feet. She stated that the Appeals Commission recommended denial o¢ �his variance request. Ms. Dacy stated that Mr. Luebeck submitted a petition from some of the adjacent home owners who had no objection to the variance, and there is a letter from the Holmberg's who object to the variance, Mr. Herrick, City Attorney, stated that this is an area where there could be a legal issue. He stated that he felt relatively confident about the legal question provided that the valuation of the property is correct and that the evidence on the cost of reconstruction is correct. He stated that in order to support any Council action perhaps the City Assessor and Building Inspector should testi£y as to what they know about the property. He stated that possibly, the Council may want to get an independent appraiser to certify the value of the structure. He stated �hat the key question is if the repairs constitute more than fifty percent of the fair market value of the structure. Mr. Herrick stated that another important question is to determine if the applicant was aware that the City had informed HUD that a building permit would not be granted. He stated that if the property was purchased and the petitioner knew the Cityos position, this could have some bearing on the issue. Councilwoman Jorgenson asked if the property is uninhabited for two years, if it looses its nonconforming statuso Mr. Herrick stated that it does if it is a nonconforming use, but this is a nonconforming structure, and he is not sure if this time period applies to the structure as wel� as the use. Ms. Dacy stated that she knows the petitioner was aware that this item would be before Council, but she did not believe that he was present. MOTION by Councilman Schneider to table this item to the next Council meeting for further research on this issue. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF 1993-1995 COMMTJNITY DEVELOPMENT BLOCK GRANT PROGRAM ADDENDUM N0. 2 TO EXISTING JOINT POWERS AGREEMENT: Ms. Dacy, Community Development Director, stated that Addendum No. 2 to the existing Joint Powers Agreement covering the Community Development Block Grant Program specifically prohibits the use of excessive force by an agency's law enforcement personnel (in this case, Fridley's Police officers) against individuals engaged in non-violent civil rights demonstrations and against physically barring entrance to or exit from facilities subject to nonviolent � � � 15 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 15 civil rights demonstrations, She stated that this addendum also requires the City to comply with certain sections of the Community Development Act of 1974, Civil Rights Act of 1964, Fair Housing Act, and the Americans with Disabilities Act of 1990. MOTION by Councilwoman Sorgenson to approve Addendum No, 2 to the existing Joint Powers Agreement for the Community Development Block Grant Prograrn and authorize the Mayor to execute the Addendume Seconded by Councilman Schneider. Upon a voice vota, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE RECOMMENDATIONS FOR THE ISSUANCE OF: 855 000 GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 1992A; AND $620.000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1992Bs Mr. Pribyl, Finance Director, asked the Council to receive the recommendations from Springsted, Inc., the City's financfal advisors, for the issuance of general obligation improvement bonds and general obligation water revenue bonds. He stated that the improvement bonds will be used to finance the 73rd Avenue Street Project, the 1992 curb and gutter pro7ects, and the frontage road around the future area proposed to be developed by Wal-Mart. He stated that the bonds also include an amount to refund a portion of the old 1980 special assessment bonds. He stated that the total amount of the issue will be $855,000. Mr. Pribyl stated that the water revenue bonds are to finance the renovation of the Locke Lake filtration plant and to install a telemetry system to control the overall water system. He stated that the total issue will be $62D,000. MOTION by Councilwoman Jorgenson to receive the recommendations from Springsted, Ine. for issuance of general obligation improvement bonds and general obligation water revenue bonds. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12, RESOLUTION NO. 66-1992 INITIATING THE PROCESS FOR TAE SALE OF THE CITY OF FRIDLEY'S $855,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992A: Mr. Pribyl, Finance Director, stated that this resolution is to znitiate the process for the sale of the City's general obligation improvement bonds. MOTION by Councilman Schneider to adopt Resolution No_ 66-1992. Seconded by Councilwoman Jorgenson. Jpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' 16 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8. 1992 PAGE 16 b3. RESOLUTION NO. 67-1992 INITIATING THE PROCESS FOR THE SALE OF THE CITY OF FRIDLEY°S 620 000 GENERAL O$LIGATION WATER REVENUE BONDS, SERIES 1992B: Mr. Pribyl, Finance Director, stated that the resolution is to initiate the process for the sale of the City°s generaT obligation water revenue bonds. MOTION by Councilman Fitzpatrick to adopt Resolution No. 67-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. ESTABLISH A PUSLIC HEARING FOR DECEMBER 7, 1992 FOR THE 1993 BUDGET FOR THE CITY OF FRIDLEY; MOTION by Councilman Schneider to establish the date of December 7, 1992, for the public hearing on the 1993 budget for the City and December 10, 1992, as the reconvening date, if necessary. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION N0. 68-1992 ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1993: Mr. Pribyl, Finance Director, stated that the State Statutes require the City to certify a"proposed" budget to the County Auditor prior to September 15. MOTION by Councilwoman Jorgenson to adopt Resolution No. 68-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. 16. RESOLUTION NO. 69-1992 CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 1993 TO THE COUNTY OF ANOKA: Mr. Pribyl, Finance Director, stated that the State Statutes require the City to certify its "proposed" tax levy requirements prior to September 15 to the County Auditor. MOTION by Councilwoman Jorgenson to adopt Resolution No. 69-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17, APPROVE THE 1993 FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR THE CITY OF FRIDLEY• Mr. Burns, City Manager, presented the 1993 proposed Five Year Capital Improvement Plan for the City. He stated that another street improvement pro�ect is proposed similar to what will be done � this year. He stated that a number of older streets have been identified to be included in this project using some MSA funds and assessing homeowners for the curb and gutter portiori of the � 17 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 17 project. He stated that these street bmprovement projects would be completed only if there is a petition with a substantial number of property owners in favor of the improvement. Mr. Burns stated that another project is the University/Mississippi intersection improvements funded primarily with County and HRA funds. He outlined some of the improvements for this intersection such as street widening, lighting, landscaping, signalization improvement, etc, Councilman Schneider had a concern of who would maintain the landscaping. He felt that there is a problem in the maintenance of the landscaping at Moore Lake Commons, and he did not want a similar problem at this intersectiona Councilwoman Jorgenson asked if any bikeway/walkway easements were provided in this area. Mr. Flora, Public Works Director, stated that there are sidewalks but no bikeway/walkway easements. Mr. Burns outlined the other projects in this capital improvement plan which included park, sewer, storm water, and water projects. � MOTION by Councilwoman Jorgenson to receive the 1993 Five Year Capital Improvement Plan. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 18. APPROVE A JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOIZA FOR RECONSTRUCTION OF COUNTY STATE AID HIGHWAY N0. 6 BETWEEN CENTRAL AVENUE AND STINSON BOULEVARD: MOTION by Councilman Schneider to approve the Joint Powers Agreement for reconstruction of Count}� State Aid Highway No. 6 between Central Avenue and Stinson Boulevard. Seconded by Councilwoman Jorgenson. There were some questions raised regarding the wording in the agreement in relation to Items II, VI, and XI, and it was felt staff should review it further. MOTION by Councilman Billinqs to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 70-1992 AUTHORIZING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) FOR SIGNAL LIGHT IMPROVEMENT ON T.H. 47 AT 53RD AVENUE, 57TH AVENUE, AND 615T AVENUE {AGREEMENT N0. 697411 SAP NOS. 127-319-03. 127-301-03, AND 127-302-12 (ST. 1992-5): MOTION by Councilwoman Jorgenson to adopt Resolution No. 70-1992. Seconded by Councilman Schneider. � � 18 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 18 Councilman Billings stated that there is a pedestrian crossing on University Avenue which the Department of Transportation has proposed to remove, and he asked if it was part of this agreement. Mr. Flora, Public Works Director, stated that it was not part of the agreement. He stated that the Department of Transportation was to schedule a neighborhood meeting regarding the crossing, but there has been no date or place established. Councilman Billings felt that perhaps xf the City did not adopt the resolution at this time it may prompt the Department of Transportation into scheduling this meeting. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. 20. RECEIVE PETITION N0. 18-1992 FROM WAL-MART STORES, INC., TO CONSTRUCT THE UNIVERSITY WEST SERVICE DRIVE BETWEEN 83RD AVENUE AND 85TH AVENUE: MOTION by Councilman Fitzpatrick to receive Petition No. 18-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AND APPROVE CHANGE ORDER NO. 1 TO STREET IMPROVEMENT PROJECT NO. ST 1992 - 1 & 2: MOTION by Councilwoman Jorgenson to authorize Change Order No. 1 to Street Improvement Project No. ST 1992 - 1& 2 with Northwest Asphalt, Inc. in the amount of $167,488 for the addition of the University west service drive. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AND AUTHORIZE THE CITY OF FRIDLEY TO CONTRACT WITH MCCOMBS, FRANK, ROOS & ASSOCIATES, INC. TO DO THE CONSTRUCTION STAKING FOR THE UNIVERSITY WEST 5ERVICE DRIVE: Mr. Flora, Public Works Director, stated that the cost for this construction staking for the University west service drive is $5,200. MOTION by Councilman Schneider � with McCombs, Frank, Roos and staking for the University west the project to be assessed Councilwoman Jorgenson. Upon a Nee declared the motion carried to authorize the City to contract Associates to do the construction service drive and add this cost to against Wal-Mart. Seconded by voice vote, all voting aye, Mayor unanimously. � � � 19 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 19 21. RESOLUTION N0. 71-1992 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF STONYBROOK CREEK DIVERSION PROJECT NO. 229° MOTION by Councilwoman Jorgenson to adopt Resolution No. 71-1992a Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo 22. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that the Rice Creek Watershed District Board of Managers will meet September 9, 1992 at the Shoreview City Hall at 7:00 p.m. to consider amending their Capital Improvements Plan to increase the costs for the Locke Lake pro�ect. 23. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, requested that the Council concur with the appointment of Michelle Gease as a Police Officer, effective September 14, 1992. He stated that 22 �andidates were interviewed ior this position, and Ms. Gease was one of the top three candidates certified by the Civil Service Commission. Mr. Burns stated that Ms. Gease has an Associate of Arts degree in Law Enforcement from North Hennepin Community College, and she is currently employed in Minneapolis as a Park Police Agent. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name starting Position Salarv Michelle Police $2,059.00 Gease O£ficer per month Partial exempt Starting Date Replaces Sept. 14, Hilbert 1992 Voigt Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claim Nos. 45003 through 45323. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � 20 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1992 PAGE 20 26. ESTIMATES° MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 20o Coon Rapids Boulevard Coon Rapids, MN 55433 Services Rendered as City Attorney for the Month of July, 1992. ... Halvorson Construction 1345 - 157th Avenue N.E. Anoka, MN 55304 1992 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 231 Estimate No. 3 0...... e o. o Bituminous Roadways 2825 Cedar Avenue South Minneapolis, MN 55407 Street Improvement Project No. ST 1992 - 10 Estimate No. 1. a. a e. (Sealcoat) $ 3,761.75 $ 3,296.50 0 0 $103,326.42 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo ADJOURNMENT: MOTION by Councilwoman Jorgenson to ad�ourn the meeting, Seconded by Councilman Fitzpatrick. 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 8, 1992 ad�ourned at 11:39 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor