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09/19/1994 - 00004646� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 19. 1994 The Regular Meeting of the Fridley City Council 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 Council- woman Bolkcom None Mayor Nee stated that the City Manager, Mr. Burns, will not be present this evening, as he is attending a conference. He stated that Mr. Pribyl, Finance Director, will serve as the Acting City Manager this evening. CERTIFICATE OF APPRECIATION: ROGER BLOHM FOR SERVICE WITH THE NATIONAL ORGANIZATION ON DISABILITY: Mayor Nee stated that Mr. Blohm has been one of the stalwarts over the years in keeping the City in the forefront of making government facilities and other facilities in the City more sensitive to the needs of the handicapped. He presented Mr. Blohm with a certifi- cate of appreciation for his service with the NaLional Organization on Disability from January, 1992 to September, 1994. Mr. Blohm thanked the Mayor, Councilmembers and Ci�y employees for their support. He also said that he looked forward to the City°s continued support of the disabled in the future. APPROVAL OF MINUTES: CQUNCIL MEETING. SEPTEMBER 6. 1994c MOTION by Councilwoman Jorgenson to approve the minutes as pre- sented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilwoman ,7orqenson requested that an item be added: (24) Receive a Letter and Check from Robert Naegele, Chairman of the Soard of Rollerblade, Inc. FRIDLEY CITY COUNCIL MEETINa OF SEPTEMBER 19, 199� PAGE 2 1 MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. 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. PUBLIC HEARING° l. PUBLIC HEARING QN PLAT REQUEST. P.5. #94-Q5, BY KEITH EIBENSTEINER FOR BILTMORE CONSTRUCTION OF NEW BRIGHTON, INC., TO SUBDIVIDE PROPERTY INTO NINE SINGLE FAMILY LOT5. GENERALLY LOCATED IN THE SOUTHEAST CORNER OF THE TOTINO-GRACE HIGH SCHOOL PROPERTY AT 1350 GARDENA AVENUE N.E. {WARD 2): MOTION by Councilman Schneider to waive the readinq of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:44 p.m. Ms. Dacy, Community Development Director, stated that this plat is � for property on the Totino-Grace High School site between Matter- horn Drive and Arthur Street, south of Gardena Avenue. She stated that the property is zoned R-1, single family. She stated that the request is to plat nine lots in two areas of the Totino-Grace property. Ms. Dacy stated that two lots are proposed on Matterhorn Drive and seven lots on a cul-de-sac with access from Arthur Street. 5he stated that there are two wetlands that abut this plat to the north. Ms. Dacy stated that the Planning Commission reviewed the plat on June 29 and August 10. The Parks and Recreation Commission also considered the plat at their August 1 meeting. She stated that the Planning Commission recommended approval of the plat with 23 stipu- lations. Ms. Dacy reviewed some of the key stipulations, and one of the issues was defining a significan� tree which is one with a six inch caliper or greater. She stated that the stipulations address the preservation of trees and a 15 foot no cut strip along the south lot line of five lots to preserve most of the vegetation. She s�ated tha� restrictive covenants are �roposed to prevent filling or dumping on the wetland area. She stated that severa3 stipula- tions are in reqard to submission of individual erosion control grading. She stated that there is a stipulation establishing con- tour elevations that the builder cannot exceed. She stated that � on Lots 5 and 6, there is a stipulation for the builder to con- struct the homes as far from the wetland as possible. ------------------------------------- FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 3 � Councilman Schneider asked how the City intends to enforce the stipulation that significant trees of a six inch caliper or greater are not removed. Ms. Dacy stated that it is the builder's responsibility to submit accurate drawings for the drainage and trees. She stated that staff will conduct field inspections prior to any grading and before any trees are removed. Mr. Ron Peterson, Peterson Environmental Consulting, Inc., stated that his firm was retained to review the wetland delineation for the site. He stated that their firm°s botanisto Mre Vande Water, conducted the botanical surveys on the site. He s�ated that this proposed plat does not involve any impact to the wetlands on the site. He stated that this site is a remnant of what was once a 640 acre forest stand known as Peck's Woods. He reviewed the overstory and understory plants on the site and said that they are very common plants that invade this type of woodlande Mr. Peterson stated that his firm did not find any endangered plant or animal species in this area. He stated that the Innsbruck Park site to the east is very similar except for more mature trees. He stated that the two sites combined represent about Pour percent of the original area of Peck's Woods, and this particular site is � about one-half percent of the original Peck's Woods. He stated that there is not anything particularly unusual or rare about these sites. He stated that they did not conduct a detailed survey of wildlife species, but the ones they did observe were indicative of the area. Councilman Schneider asked Mr. Peterson if it was his professional opinion that there is not anything particularly unique about the site from an environmental standpoint. Mr. Peterson stated that it was a typical wooded site, thaL the two sites are remnants of one ecological unit, and the integrity of Innsbruck Park would not be adversely affected by the loss of the site on which this development is proposed. Councilman Schneider asked if all the proposed lots meet the re- quirements of the City code. Ms. Dacy stated that the lots exceed �he requirements of the code and meet all the setbacks. Mr. Mike Black, Royal Oaks Realty, stated that he has been working with City staff on this plat, and he appreciated the time that has been spent on it. He stated that he had some minor comments regar- ding the 23 stipulations. � Mr. Black stated that they intend to develop the property in accor- dance with all the zoning and platting regulations and have a�ua- FRIDLEY CITY COUNCIL MEETING OF SEPTEMHER 19. 1994 PAGE 4 � lity development. He stated that the homes are expected to be valued from $200,000 to $300,000. Mr. Black stated that the City does not have a tree preservation ordinance; however, they have agreed upon a six inch caliber as being a significant tree. He stated that in regard to Stipula- tion 18 pertaining to setbacks on Lots 5, 6 and 7, this is to make sure the homes do not infringe on the wetlands. He stated that he is in complete agreement and, in fact, the state wetland laws would not allow them to fill or encroach the wetlands delineated on the site. He stated they suggested that Stipulation 17 which recog- nizes the one hundred year flood plain and addresses grading eleva- tions be added. He felt that Stipulat�on 17 addresses what �he staff refers to in Stipulation 18. Mr. Black stated that each home in this subdivision is to be custom designed. He wants the oppor- tunity for an architect to look at each lot and not be saddled with the requirement that the home be a maximum of 10 feet from the lot line opposite the wetland. Mr. Black stated that in regard to Stipulation 22, they wish to protect as many trees as possible. He stated that the restriction of the 15 foot no cut easement along the back of the lots seems unfair. He stated that he did not anticipate that people would clear cut their lots, but he felt the owners should be able to use � their property as any other property owner in the City. He stated that in regard to 5tipulation 16 pertaining to restrictive cove- nants, this is not a zoning ordinance regulation. He stated that restrictive covenants are not enforced by the City, and once the homes are constructed, the developer would have no contr4l what the property owners do on the back of their lotso Mr. Terry Reyes, 1479 North Danube Road, stated that he is repre- sentin� the Friends of Ynnsbruck Parka He stated that he lives nex� to this area, and the site is very unique and merits preserving, He stated that their group has submitted a number of petitions to Council supporting the continuation of the existing land in its present state. He stated that they riave pursued other options to preserve this land, and he felt there could be funds available from the Legislative Commission on Minnesota Resources for the purchase of this land. He stated that they have not had the opportunity to explore this funding. Mr. Reyes stated that Mr. Haluska has had discussions with a number of legislators on this Commission, and the legislators encouraged him to apply for funding. He stated that they realize, as citi- zens, that they have rights under the Minnesota Environmental Rights Law. He stated that he disagrees with Mr. Peterson's assessment of the site and believes development of the property will have a detrimental impact on Innsbruck Parke He stated that � it is their opinion that any development wi11 significantly in- fringe on the habitat. He asked that this development not be approved so that other sources of funding could be explored to try to come up with financing to preserve this land. -- -------------------------------------------- — -- FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 5 � Councilman Schneider stated that at a previous Council meetinq, Mr. Haluska was asked if the people who represent the Friends of Innsbruck Park would be willing to contribute their own funds to acquire this property. He stated that Mr. Haluska said he would, but he could not speak for others. Mr. Reyes stated that he would also be willing to contribute, but he cannot speak for others. He stated that their efforts were primarily to maintain this site as it is now, and he hoped that there were governmental monies available. He stated that when rie moved to this area his taxes increased four times the amount he was paying in another area in Fridley. He felt that he probably has already made a down payment. Councilman Schneider stated that the City cannot delay the devel- oper's plans indefinitely. Ae suggested that if the Friends of Innsbruck Park are serious about their proposal and are willing to be assessed for the cost to purchase this property, a petition should be submitted to the Council. Mr. Reyes stated that would be considerable expense for the pro- perty owners. He stated that a lot of the parks the City has acquired has been from developers dedicating a certain percentage of the development as park land. He suggested that perhaps a certain portion of this land could be set aside as park property. � He felt that by the time it is determined if funding could be received, the trees would be gone and the land would be signi- ficantly altered. Councilman Schneider asked if action on this plat could be tabled for six months. Mr. Herrick, City Attorney, stated that if the developer meets all the zoning and platting requirements and agrees to the stipula- tions, he felt they could go to court and obtain an order to compel the City to approve the plat. He stated that Council is required to take action on the plat in a reasonable fashion. Mayor Nee s�ated that in regard to the suggestion about the devel- oper contributing park land, the developer may satisfy this park dedication requirement by contributing land or by paying a park dedication fee. Ms. Dacy stated that the park dedication �ee is $1,50o per lot and would be required at the time the building �ermit is issued in lieu of the land. Councilman Schneider stated that if the developer dedicated land instead of paying the park dedication fee, the City would receive about three-tenths of an acre or about one residential lot. � Councilman Schneider asked the status of a previous proposal by the Friends of Innsbruck Park that involved tfie Trust for Public Land. FRIDLEY CITY COUNCIL MEETING OF SEPTEMHER 19, 1994 PAGE 6 � Ms. Dacy stated she understands that Mr. Haluska is waiting for a letter from the Trust for Public Land, stating that they will not pursue the site as the cost for acquisition is over $300,000. She stated that staff has not, however, seen any letter from the Trust for Public Land on their position. Mr. Reyes stated that he has spoken with the Trust for Public Land, and it is his understanding that whatever funds they contributed would have to be repaid. He stated tha� he believes �hey are reluotant to allocate t�e funds. Councilwoman Jorgenson asked if the Legislative Commission on Minnesota Resources provides funding through the grant process, Mr. Reyes stated that is his understanding. He said that the state has $34,000,000 available to fund a variety of projects and sites around the state. He stated that he believed this funding comes from the Minnesota State Lottery. Councilwoman Jorgenson stated that this site would be a very expen- sive acquisition, and this may rule out a grant. She asked staff to check the criteria for grants from the Legislative Commission on Minnesota Resources. � MOTION by Councilman Schneider to receive a letter from Mr. John Haluska, 5660 Arthur Street, dated September 19, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousTy. Mayor Nee stated that Council would normally take action on this item at their next regular meeting on October 3. Councilwoman Jorgenson stated that she would not be present at the October 3 meeting and felt it would beneficial to consider action at the October 17 meeting. Mayor Nee stated thati if there were no objections, this item would be on the Council's agenda on October 17e MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:45 p.m. OLD BUSINESS• 2. RECONSIDERATION OF ACTION ON VARIANCE REQUEST, VAR #94-08, BY WAYNE DAHL, TO REDUCE TAE SETBACK FROM THE TOP OF THE BLUFF- LINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO � 1.5 FEET. AND TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD, ALL TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 15 FOOT STORAGE SHED. GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E. (TABLED 8/1/94) (WARD 31: MOTION by Councilman Schneider to remove from the table the motion to deny Variance Request, VAR #94-D8. Seconded by Councilwoman FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. 1994 PAGE 7 � Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that this is a two part variance; the first variance is to reduce the setbaok from the bluffline from 40 feet to 1.5 feet, and the other variance is to allow an accessory structure in �he front yard in order to construct an 8 foot by 15 foot storage shed. Ms. Dacy s�ated that the Appeals Commissian unanimously recommended denial of this variance request because they felt tha� there were other options to place the structure to conform with the setback requirements. Ms. Dacy stated that at the August 1 Council meeting, questions were raised regarding the Environmental Quality Board's role. They have responded in a letter from Larry Hartman dated September 8, 1994, which is included in the Council's aqenda material. She stated that the Attorney General's Office was contacted regarding the Environmental Quality Board's authority. The EQB needs to be notified of impending action, but final action rests with the City Council. She stated that all correspondence, pro or aon, regarding this variance has been forwarded to the Council. � Mr. Herrick, City Attorney, stated that he has discussed this issue with Allen Mitchell, Assistant Attorney General, and advisory to the Environmental Quality Board. Mr. Mitchell agrees with the interpretation that the requirement of the City was to notify the Environmental Quality Board. Mr. Herrick stated that neither he nor Mr. Mitchell found any authority for the EQB to override the Council's decision on the variance. Mayor Nee stated that ordinarily this issue would not be subject to public participation in the discussion. He stated that Council has a long agenda and asked the Council's pleasure whether they wished to allow any further discussion from the audience. MOTION by Councilwoman Bolkcom to receive any new information but not to discuss further the information and correspondence Council has before them or has heard at other previous Council meetings. Further, to limit any individual to two minutes and not to spend over forty minutes on this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom asked Ms. Dacy to define an undue hardship, Ms. Dacy stated that the letter from the Department of Natural Resources dated August 9, 1994 quotes the definition of undue ' hardship from the Minnesota Statutes, Section 462.357, Subdivi- sion 6, as follows: "The applicant must prove 1) that they cannot put the property to reasonable use under the terms of the ordi- FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 8 � nance, 2) that the plight of the owner is due to circumstances unique to their property and not created by the owner, and 3) that the variance if granted will not alter the essential character of the area. Ms. Dacy stated that there is room to the south and east sides of the home to construct the storage structure even though there are a number of trees in the area. She stated that the petitioner's hardship was because of the steep slope, access would become difficult during the winter months to get the equipment in the shed. Councilman Schneider stated that because of the configuration of this particular lot, the shed is located in the front yard. If it was moved five feet to the north it would be in the rear yard. Councilwoman Jorgenson stated that Council has many times over- turned staff's recommendation for denial of variances. She stated that generally speaking, variances have been granted where there has not been neighborhood opposition. She stated that the first time this item was before Council, there were several other vari- ances on the aqenda where staff recommended denial based on other alternatives, and these variances were granted. � Councilwoman Bolkcom pointed out that there was no neighborhood opposition to those variances, Councilwoman Jorgenson stated that the problem is that the only time Council generally denies a variance is when there is neighbor- hood opposition, and that can be discriminatory. Councilwoman Bolkcom felt that it was beyond the issue of neighbor- hood opposition. She thought that there are other areas that the shed could be located. Mr. Herrick stated that the legal criteria for granting or denying the variance was not whether it was opposed or unopposed by the neighborhood. He stated that the variance should be judged on its merits and not whether there is or is not opposition. Councilman Schneider stated that in addressing the variance for the front yard, he believes the unique character of the land applies in this case, He stated that the definition o£ the front yard is very arbitrary. He stated that he does not have a problem with the front yard variance, as he does not believe this is really a front yard. He stated that in regard to the variance from the bluffline, the Mississippi River is very diverse, and there are factories, waste treatment facilities, gazebos, restaurants, etc. up and down the river. He stated that he has a problem with the idea that a � storage shed would destroy the environment. He felt that every homeowner has some reasonable rights to use his property, and he is concerned when bureaucrats are makincp judgments on what they FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. 1994 PAGE 9 � feel is best for the river rather than allowing local government to make these decisions. Councilman Schneider stated that what made him reconsider his vote to deny the variance is that denyinq tfie variance is being arbi- trary and capricious. He stated that it comes down to balancing property rights with the issue of the environment. He stated that the petitioner's proposal minimizes the impact from the true front yard, it is virtually invisible from the public right-of-way, and only potentially visible to one neighbor. Councilman Billings stated that he believed the motion before Council is to deny Variance Request, vAR #94-08, and with that in mind, he moved the following: MOTION by Councilman Billings �o call �he question. 5econded by Councilwoman Bolkcom. Upon a roll call vote, Councilman Billings and Councilwoman Bolkcom voted in favor of the motion. Councilman Schneider, Mayor Nee, and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion failed. Mr. Dean Yorston, 161 Hartman Circle, stated that to request a var- iance when there are alternatives that would not create a hardship is unreasonable. He stated that he lives on the river. When he � wanted to construct a shed, he was told he had to be three feet from the lot line and could not be placed where it would obstruct his neighbor's view of the river. He felt that a variance was not needed, as there are alternatives. Mr. Larry Rom, 169 Hartman Circle, felt the shed was inconsequen- tial, as it is out of the way. Ms. Connie Lane, 173 Hartman Circle, she stated that she wished to remind Council that they have a responsibility to protect them. She stated that other agencies have been contacted, and Council should listen to those persons and abide by the regulations that are in place. Mr. John Grundmanis, 185 Hartman Circle, stated that he is appalled to hear there are some true front yards, and some are not clear what is the front yard. He stated that in this case, it is crystal clear where the �ront yard is located. �e stated that the concern should not be what is along the river in other places, �ut to focus on Mr. Dahl's request. He felt it would be against the code to allow him to construct the shed in the front yard. Mr. David Ulrich, 157 Hartman Circle, stated that he has lived at this address for twenty years and felt that the whole issue has been blown out of proportion. He stated that Mr. Dahl's shed is � well-planned, concealed, and there will be some plantings around it. He stated that Mr. Yorston has a shed that is three feet from the property line, and there are no objections. He also felt that this whole thing has gotten out of hand. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 19. 1999 PAGE 10 Mr. Mark Knutson, 140 Hartman Circle, stated that the passion this variance request has incited puzzles hima He stated that the ma- jority of the neighbors simply do no� care abou� it, and �hey wonder what all this is about. He felt that this was a minor issue, and it is inconceivable it has gotten to this point. Mr. Dahl, the petitioner, submitted a petition from property owners in the Hartman Circle neighborhood and 21 out of 32 property owners have indicated that they have no objection to this variance. He stated that some people do not want to be involved at all. He stated that only about five or six property owners in the neighbor- hood oppose the variance. He stated that fhe area of the shed that can be viewed from the north now has three arborvitae in front of it, and in several years it would not be visible. He stated that the shed is screened in all directions. Mr. Neal Hayford, 173 Hartman Circle, statecd that he has new infor- mation, and he submitted a petition from people all over the metro- politan area regarding this variance. He stated that he has peti- tioned property owners who live on the river; 74 percent do not want the setback interfered with, and 22 percent of the people were not home. Councilwoman Jorgenson stated that Mr. Dahl has submitted a peti- � tion indicating that 21 property owners do not ob�ect to this variance. She felt that there are three issues; property rights, authority to grant or deny the variance; and fair treatment of all citizens. She stated that Council cannot treat one person dif- ferently in regard to a variance without being arbitrary and capricious. � MOTION by Councilwoman Jorgenson to receive Petition No. 7-1994 from Mr. Dahl and Petition No. 8-1994 from Mr. Hayford. Seconded by Councilwoman Bolkoom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MAYOR NEE STATED REMOVED FROM THE ON THIS MOTION. THE MOTION FOR DENIAL OF THIS VARIANCE HAS BEENT TABLE AND IS ON THE FLOOR AND CALLED FOR A VOTE UPON A ROLL CALL VOTE FOR DENIAL OF VARIANCE REQUEST, VAR #94-08, Councilman Billings and Councilwoman Bolkcom voted in favor of the motion. Mayor Nee, Councilman Schneider,and Councilwoman Jorqenson voted against the motion. Mayor Nee declared the motion failed. MOTION by Councilwoman Jorgenson to grant Variance Request, VAR #94-08, 177 Hartman Circle, to reduce the setback from the bluff- line from 40 feet to 1.5 feet to allow construction of an accessory structure in the front yard, with the following stipulations: (1) the petitioner shall apply for and receive a building permit; and (2) the storage structure shall not be located in the drainage easement located along the north lot line. Seconded by Councilman Schneider. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 11 � MOTION by Councilman Schneider to amend the above motion by adding another stipulation, as follows: (3) appropriate erosion control as approved by City staff. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion and divide the question of the variance requests and vote on them separately. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion granting that portion of Variance Request, VAR #94-D8, to reduce the bluffline setback from 40 Eeet to 1.5 £eet by adding the following additional stipulations: (1) that the shed be no closer than five feet of the property line of any adjacent property owner; (2) that the shed be screened with arborvitae on the street side and the side closest to the most adjacent property, as per the site plan by Kurth Surveying, Inc.; (3) that the shed be no taller than eight feet in height; (4) that the shed's smaller dimension be no smaller than 8 feet and the larger dimension be no larger than 15 feet; and (5) that the property owner be made aware of the City ordinance regar- ding the storage of trailers and snowmobiles in the front yard of their property. Seconded by Councilwoman Jorgenson. Upon a roll � call vote, Councilman Billings, Councilwoman Sorgenson, Mayor Nee, and Councilman Schneider voted in favor of the motion. Council- woman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Councilman Billinqs stated that in viewing this particular request for the variance from the bluffline, Mr. Dahl does have a very steep hill on his property. He stated that his back yard is such that he believes it makes this particular piece of property unique. He stated that even though it is one of the largest lots on IIartman Cirole, some portions cannot be built on due to the steepness of the grade. He stated that the location of the house, not with- standing the lot itself, provides significant hardship that the bluffline variance is appropriate. Councilwoman Jorgenson stated that the pie shape of the lot and steep grade makes it difficult to relocate the shed in the area where a snowplow or garden tractor with a snowplow couTd make it up the grade and access the driveway. She felt that �his was a hardship. Councilwoman Bolkcom stated that she would disagree because she felt that there is another area where the shed could be locatedo She stated that it may not be as convenient, but she did not believe it is that much of an uphill inclane. She stated in that � sense, she did not believe there is a hardship. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. 1994 PAGE 12 � Councilwoman Bolkcom stated that there are a lot of agencies that have been involved in this variance. Although they have some ex- pertise she did agree that the City should have the final decisione MOTION by Councilman Billings to amend the second part of Variance Request, VAR #94-08, to allow an accessory structure in the front yard to include the five stipulations added �o the bluffline variance. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Councilman Schneider stated that the question is if a separate motion is needed for that portion of Variance Request, VAR #94-OS, to allow an accessory structure in the front yard. He stated that as he understands Robert's Rules of Order, this is not necessary. Councilman Billings stated that he supported the motion on the var- iance to the setback from the bluffline because he felt the pro- perty was unique. He stated that on the variance to allow an accessory structure in the front yard, one of the requirements of undue hardship from the state statute is that the plight of the owner is due to circumstances unique to their property and not � created by the owner. He stated that current or prior owners placed the home near the rear of the lot and made the decision that this was more important to them than being allowed to have an accessory building. He felt that the variance in this case was a hardship because of the tremendously large setback from the road. The hardship was not created by the lot itself, but by the use of the lot between previous and/or current owners and could not support this variance. Mayor Nee stated that, as he understands, the main motion as it now stands is to grant the variance to allow an accessory structure in the front yard with the original two stipulations; the one stipula- tion included in the amendment; and the five added stipulations included in the variance to the bluffline, UPON A ROLL CALL VOTE ON THE MAIN MOTION, Mayor Nee, Councilwoman Jorgenson, and Councilman Schneider voted in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. 3. ORDINANCE N0. 1035 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE FRIDLEY CITY CODE (VACATION REQUEST, SAV #94-02, BY FORREST HARSTAD) (WARD 21: � MOTION by Councilman Schneider to waive the second reading of Ordinance No. 1035 and adopt it on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice ' � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 13 vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE N0. 1036 UNDER SECTION 1206 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (TWIN CITY TOWNHOMESI (WARD 21: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 1036 and adopt it on second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 5. RESOLUTION NO. 76-1994 APPROVING PLAT. P.S. #94-04. HILLWINp TOWNHOMES lWARD 2): Ms. Dacy, Community Development Director, stated that the mylars have been approved by Anoka County, and the stipulations have been amended as discussed at the August 15, 1944 Council meeting. Councilman Schneider stated that this resolution refers to Hillwind Townhomes, and the preliminary plat referred to Twin City Town- homes. Mr. Harstad stated that the actual name of the plat will be Hill- wind Townhomes, but his business is Twin City Townhomes. Ms. Dacy stated that the plat is Hillwind Townhomes, but the devel- opment agreement is with Twin City Townhomes because that is Mr. Harstad's business. Mr. Herrick, City Attorney, stated that he did not see any problem. MOTION by Councilman Schneider to adopt Resolution No. 76-1994, with the following stipulations attached as Exhibit A: 1. The petitioner shall enter into and record against the pro- perty a development agreement with the Cityo The development agreemen� shall include and the petitioner shall comply with the following stipulations: A. A stop sign shall be placed at the intersection of the private drive with Fillmore Street. B. The grading/drainage/erosion control plan shall consider the storm water from the Western Ridge Estates develop- ment to the south. Revised drainage calculations addres- sing the entire drainage area, including the units adja- cent to Polk Street and Hillwind Road shall be submitted, The oalculations shall be signed and stamped by a Regis- tered Engineer. C. The petitioner shall obtain a permit from the Rice Creek Watershed District prior to the issuance of a building �J � ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. 1994 PAGE 14 2. D. E. permit. The petitioner shall comply with the require- ments of the district permi�. The grading plan shall be amended to indicate the trees to be preserved in consultation with the City's planning staff. The petitioner shall pay a park dedication fee of $750.00 per unit (48 units at $750.00 equals $36,000) prior to the issuance of a building permit. F. The landscape plan shall be revised to provide fifteen six foot evergreen trees. Undexground irrigation shall be provided along the R-1 property (5512 Fillmore Street). Ten 6 foot Black Hills Spruce trees shall be planted along the north lot line, G. The petitioner shall submit a le�ter of credit in the amount of three percent of the construction value, not to exceed $60,000, to cover the outdoor improvements. H. The utility lines shall be designed according to the City of Fridley Standards and requirements. The City shall inspect the construction of the utilities. A plan and profile drawing of the sanitary sewer shall be submitted. I. Based on the review of the submitted grading, drainage, and utility plans dated June 23, 1994, the following information shall be submitted. (1) A rocked entry point will need to be installed for access during construction. Provide a detai3 of such on the plan. (2) Clearly show the water and sewer services for the buildings adjacent to Hillwind Road and Polk Street. Clearly note size and location of existing mains. (3) Modify the 15-inch RCP pond anlet so it directs the flow of water toward the pond outlet. Install rip- rap at the end of the 15-inch RCP. (4) (5) (6) Provide �wo complete sets of calculations and drawings. Install concrete cross gutters and aprons at all driveway and street entrances. Clearly note the location of all public easements on all drawings. The petitioner shall record a condominium declaration in compliance with State Statue 515A. The declaration shall ----------------------------------------------------------- FRZDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. 1994 PAGE 15 � include and the petitioner shall comply with the following stipulations: A. The assooiation shall be responsible for the pTowing, maintenance, and repair of the private roads and drive- ways. The declaration shall permit emergency vehicle access. B. The driveway shall be signed "no parking°' on both sides. C. The association shall be responsible for the operation and maintenance and repair of the storm water. D. The association shall authorize the Public Works Depart- ment to flush the hydrants in accordance with City policies. E. The association shall be responsible for the maintenance and/or repair of landscaping. F. The condominium declaration shall include the layout of the project as submitted on the site plan dated June 23, i994. The declaration shall comply with the requirements of Minnesota Statute Chapter 515A. � G. The petitioner shall provide an easement for the right- of-way for the cul-de-sac at the end of Polk Stree�. Prior to requesting a building permit for the duplex at the end of Polk Street, the petitioner shall petition the City for construction of said cul-de-sac and assess costs to benefiting propertiesa 3o The condominium declaration shall require the association to repair and maintain the private utilitiese 4. The petitioner shall execute and record access, maintenance, and repair easements against the development parcel and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drivee 5. The petitioner shall draft, for City Attorney review, and execute and record a hold harmless agreement indemnifying the City from liability for the private improvements as a result of work on the public sewer line. b. The petitioner shall provide an easement for the right-of-way for the cul-de-sac at the end of Polk Street. Prior to requesting a building permit for the duplex at the end of Polk Street, the petitioner shall petition the Cxty for construc- � tion of said cul-de-sac and assess costs to benefitting properties. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 16 7. The condominium declaration shall include the layout of the project as submitted on the site plan dated June 23, 1994. The declaration shall comply with the requirements of Minnesota Statute Chapter 515A. 8. Plat approval is subject to final approval by Anoka County of the detailed mylars. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS' 6. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND TWIN CITY TOWNHOMES, INC. (WARD 2): Ms. Dacy, Community Development Director, stated that the City Attorney has prepared this development agreemen�e She stated that the stipulations identified in the resolution on the plat are in- corporated into the development agreement. She stated that she understands the developer, Mr. Harstad, is in agreement with the proposed language in this agreement. Councilwoman Jorgenson stated that in regard to Item 8 concerning the debris during construction, she would like the dirt cleaned up on an on-going basis and not just after construction is completed. Mr. Harstad stated he agrees that the dirt should be cleaned from the streets, and he has no problem with clarifying this item. MOTION by Councilman Schneider to authorize entering into this development agreement with Twin City Townhomes, Inc. and for the appropriate officials to execute same. Seconded by Councilman Billings. MOTION by Councilman Schneider to amend Item 8 of the development agreement, Street Clean Up, as follows: "At the request of City staff and/or after construction is complete, the IDeveloper shall clear all soil, earth, or debris from the streets and storm sewers and from the lots within the development resulting from any construction on the land within the development by the Developer, its successors or assigns.'� Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Harstad questioned Item 9 which states that the developer shall provide the City with the right-of-way and roadway easement for the future cul-de-sac to service the developer's property off of Polk Street. He stated that he would agree to the easemen�, as long as it is understood he is not going to construct the cul-de-sac at this time. He felt that there needed to be meetings regarding this cul-de-sac, as this may reduce his lot size. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 17 � Councilman Billings stated that the dedication of an easement for roadway purposes does not necessarily change the setbacks� Ms. Dacy stated that because it was undecided if a cul-de-sac would be constructed at some future date, it was preferable to obtain an easement at this time so the City could access this area. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 24. 1994• A. SPECIAL USE PERMIT REOUEST, SP #94-09, SY GARY MACIEJ, PURSUANT TO STIPULATION NO. 1 OF A PREVIOUS SPECIAL USE PERMIT REOUEST, SP #88-12. THE REOUEST WOULD ALLOW THE BUILDING TO BE OCCUPIED BY A CLEANING SERVICE AT 5973 THIRD STREET N.E. (WARD 31: Mr. Hickok, Planning Coordinator, stated �hat this is a request for a special use permit for property at 5973 3rd Street. He stated that in 1988, the Council granted a special use permit for Custom Mechanical at this location. He sta�ed at that time, the peti- tioner was made aware of the fact that the intent of the code was � to reestablish the residential character of the neighborhood and at the time of resale or reuse of the property, the questions of a special use permit might come up again. Mr. Hickok stated that this item was presented to the Planning Commission and the Commission recommended approval of a modifica- tion of one of three staff options. He stated that these options were to table action on this item pending amendment of the S-1 district to include special use permit provisions for the re-use of the commercial entities; deny the request based on the intent of the ordinance to re-establish the residential character of the neighborhood; or approve the special use permit basecl on the 1988 Custom Mechanical stipulation requiring a special use permit for any re-use of the building to assure compatibility with the sur- rounding neighborhood. He stated that the Planning Commission recommended approval of this special use permit with the stipula- tion that future re-use of the building is subject to the special use process. The Commission also requested that Council direct staff to develop standards for use in grantinq special use permits in the future. Mr. Hickok stated that staff concurs with the Commission recommendation, but point out that if the City Council wished to bring this property back to a residential area, now would be the time to do so prior to a new owner having approval for a new business. � Councilwoman Solkcom asked how many businesses are in the Hyde Park area. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. 1994 PAGE 18 � Mr. Hickok stated that there are four businesses, including Custom Mechanical. Councilman Schneider stated that the intent of the S-1 zoning district was to try to clean up an area where there is a mix of residential areas next to commercial use. He felt that now may be the time to work towards this goal to have this become a residen- tial neighborhood. He felt that the special use permit should be denied and acquisition of commercial properties in this area considered. Mayor Nee stated that Council made a decision to try to restore this area to residential, and at that time funds were not available to purchase properties. Mr. Herrick, City Attorney, stated that if the Council determines the property should not be used for any new commercial purposes, it would mean the present structure would have to be used for residential purposes. He stated that if the City wishes to dis- continue the commercial use, it probably would require acquiring the property either by condemnation or through negotiations. Mr. Maciej, the petitioner, stated that his only concern is that if he is granted the special use permit, he may end up with an � empty lot down the road. Mr. Dickison stated that he purchased the property in 1988 and has a contract for deed for the purchase of the property with a closing on September 30, based on approval of this special use permit. He stated that when he was issued a special use permit in 1988� he complied with all the stipulations and understood if, at some future date, he was going to se1T the property, he had to go through the special use �ermit process. FIe stated that he does not have a problem with this, but it would be a problem for him if it reverts back to residential. He stated that he is currently leasing the building, and those people want out of their lease because they are going out of business. Councilman Schneider stated that the City's long range plan was to return this area to residential use. He sta�ed that this S-1 zoning was passed fifteen years ago, and if the City is serious about revitalizing this area as a residential neighborhood he felt now may be the time to do so. Councilwoman Bolkcom stated that the Hyde Park area has been tar- geted for revitalization, and there is another commercial property in this area for sale. Councilwoman Sorgenson felt that the City has a commitment to the neighborhood, and the long-range plan was to return this area to � residential. FRIDLEY CITY COUNCIL MEETYNG OF SEPTEMBER 19, 199� PAGE 19 � Ms. Dacy, Community Development Director, stated that she believed the City Manager has contacted an appraiser to check into the Frank's Used Auto site. She questioned if Council wished to in- clude Custom Mechanical for an appraisal. Mr. Herrick stated that if Council is going to deny the special use permit, the City should pursue acquiring the property. MOTION by Councilwoman Bolkcom to deny Special Use Permit Request, SP #g4-09. Seconded by Counoilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to direc� staff to enter into negotiations with Mr. Dickison for the purchase of his property. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Tim Maciej stated that he and his brother have put a lot of time and money into this request for the special use permit. He stated that they have also given notice that they will be vacating their present location. He stated that they have also spent $400 to apply for this special use permit. MOTION by Councilman Schneider to refund the $400 special use � permit fee to the petitioner. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. It was suggested that the petitioner contact Ms. Dacy, Community Development Director, to determine if there are any other suitable locations in the City for his business. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of August 24, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 7, 1994e A. SPECIAL USE PERMIT REOUEST, SP #94-10, BY DAVID AND PATRICIA YOUNKIN, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING OVER 240 SQUARE FEET. GENERALLY LOCATED AT 5401 MATTERHORN DRIVE N.E. (WARD 21: Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow a second accessory building other than the first accessory building over z40 square £eet at 5401 Matterhorn Drive. He stated that the Planning Commission unani- � mously recommended approval with two stipulations, which he outlined. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. A999 PAGE 20 � Councilwoman Jorgenson voiced some concern about the location of the driveway and wanted to make sure it would not be a problem with the bridge. MOTION by Councilman Schneider to grant Special Use Permit Request, SP #94-10, with the following stipulations: (1) the petitioner shall provide a hardsurfaae driveway by September 1, 1995; and (2) the structure shall be architecturally compatible with the dwelling. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT REOUEST, SP #94-11, BY SAM'S AUTO BUYING PROGRAM. TO ALLOW AUTOMOBILE AGENCIES SELLING OR DISPLAYING NEW AND/OR USED MOTOR VEHICLES, GENERALLY LOCATED AT 8150 UNIVERSITY AVENUE N.E. (WARD 31: Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to extend the vehicle sales at the Sam's C1ub site to no more than three times per year for no more than three days per occurrence. He stated that Council granted a special use permit, SP #93-08, which allowed two sales per year for no more than three days per occurrence. He stated that the Planning Com- mission voted unanimously to approve this special use permit request with six stipulations. Ae stated that in checking with the � Police Department, they have had no traffic problems associated with the sales. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-11, with the following stipulationsa (1) the vehicle sales will occur no more than three times per year for no more than three days per occurrence; (2) the use of streamers, pennan�s, and flags is prohibited; (3) the petitioner shall comply with the temporary sign ordinance for all temporary signs on the property, including staff review of the two-story balloon and its location; (4) �he petitioner shall obtain a temporary building permit and shall com- ply with Article 32 of the Uniform Fire Code; (5) the petitioner shall insure that handicap accessible bathrooms in the building are available; and (6) the petitioner shall provide a traffic manage- ment person to properly control traffic on site and to prevent problems occurrinq on 81st Avenue and the frontage road. Seconded by Councilman 5chneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimouslye Ca RESOLUTIOI^I NO. 77-1994 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #44-04, TO SPLIT A 13' X 2D0' PARCEL FROM ONE PARCEL, TO BE CONSOLIDATED WITH THE PROPERTY LOCATED AT 5960 MAIN STREET N.E. Mr. Hickok, Planning Coordinator, stated that this lot split � request is to clear up a driveway encroachment that exists at the Simer Pump property, now known as Parson's Electric at 5960 Main Street. He s�ated that the lot split involves a 13 foot wicle by ------------------------------------ FRIDLEY CITX COUNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 21 � 200 foot long parcel. He stated that the Planninq Commission recommended approval with two stipulations, which he outlined. MOTION by Councilwoman Bolkcom to adopt Resolution No. 77-1994, with the following stipulations attached as Exhibit A: (1) The 13 foot by 200 foot parcel shall be consolidated with Parcel B, cre- ating one tax parcel; and (2) a 15 foot bikeway/walkway easement shall be dedicated adjacent to the Main Street right-of-way from the northeast corner of Lo� 6, Auditoros Subdivision No. 78. Seconded by Councilwoman Jorgenson. Mr. Tim Nelson, Commercial Property Investments, stated that he would prefer the bikewayJwalkway easement be deferred because the City would only be qetting it for this one property. He stated that he would like the right to review this further. Mr. Nelson continued by stating that until there is a development plan £or Lots 6, 7, and 8 he would prefer to delay any bikeway/walkway easement dedication, Councilwoman Jorgenson stated that the City usually acquires the bikeway/walkway easements at the time of the lot split. Mr. Nelson stated that he would think this constitutes a taking of property. � Ms. Dacy, Community Development Director, stated that the City has an approved bikeway/walkway plan. When approving subdivisions, it is appropriate to require easements at that time. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of September 7, 1994e Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting ayeP Mayor Nee declared the motion carried unanimously. 4. APPROVE REVISED SECTION 8 AOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR ADMINISTRATIVE SERVICES BETWEEN THE CITY OF FRIDLEY AND THE METROPOLITAN COUNCIL: Mr. Hickok, Planning Coordinator, stated that Pat Wolfe of the City staff and other Section 8 community representatives have success- £ully negotiated a revised Section 8 services contract. He stated that under this contract, the City will continue to provide Sec- tion 8 administrative services for the Metropolitan Council. He stated that this contract is similar to the current contract with the addition of six provisions pertaininq to basic and enhanoed administrative services, administrative fees, £ull utilization � limit, portability adjustment, method o£ payment, and opera�ing reserve. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 22 Councilwoman Jorgenson asked if the County proceeds with the County HRA plan, i£ Pat Wolfe would remain in Fridley as a Section 8 housing representative. Ms. Dacy stated that this has to be decided a� the County. She stated that she would like the Section 8 representative to remain in-house, but she felt it was difficult to predict at this point of time. MOTION by Councilman Schneider to authorize the City to enter into the revised Section 8 Housing Assistance Payments Program Contract for Administrative Services with the Metropolitan Council. Secon- ded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 10. RESOLUTION NO. 78-1994 APPROVING PLANS AND REQUESTING ANOKA COUNTY TO PROCEED WITH IMPROVEMENT ON MAIN STREET FROM 44TH AVENUE TO I-694. STREET IMPROVEMENT PROJECT NOe ST. 1994-8: Mr. Flora, Public Works Director, stated that this resolution approves plans and requests the County to proceed with the improve- ments on Main Street. He stated that the public hearing for this improvement was held at the last Council meeting. � Councilwoman Bolkcom stated that she has had some discussion with five of the business owners on Main 5treet regarding the bikeway, mainly, addressing the safety issues. She felt that this portion of the improvement should be deferred for further study. Mr. Flora stated that there is a question whether the bikeway should be on-street or off-street. Councilman Billings stated that he has trouble undarstanding the argument that this is a dangerous situation. MOTION by Councilwoman Bolkcom to adopt Resolution No. 78-1994. Seconded by Councilman Schneider. MOTION by Councilwoman Bolkcom to amend Resolution No, 78-1994 by deleting the third paragraph which incorpora�es a bikeway/walkway system. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Bolkcom, Councilman Schneider, CounCilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Mayor Nee felt that possibly the curb cuts could be done with this improvement to still maintain the option of the bikeway. � UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, i994 PAGE 23 � 11. APPROVE JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY ROAD NO. 102 (MAIN STREETI FROM 44TH AVENUE AND INTERSTATE 694 BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA• Mr. Flora, Public Works Director, stated that this joint powers agreement could be approved as submitted with direction to staff to inform the County that Council eliminated the bikeway. He stated that the curb cuts could be installed in accordance with the walk through plan; however, Items 6 and 8, under Section IYT (B) would not be accomplished at this time. Councilwoman Bolkcom felt that this joint powers agreement should be returned to the County to be rewritten to remove the bikeway, curb cuts, and sprinkler systems. MOTION by Councilwoman Bolkcom to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AUTHORIZING THE ACOUISITION OF AN EMINENT DOMAIN PROCEEDING TO ACOUIRE BIKEWAY EASEMENTS: � MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPROVE PLACEMENT OF A MONITORING WELL ON CITY PROPERTY: Mr. Flora, Public Works Director, stated that the City has received a petition from Dahl & Associates, Inc. to install a monitoring well on the west side of the service road in front of the old Cub property. He stated that pahl & Associates is conducting a ground water monitoring evaluation at 7600 University Avenue for Conoco Oil Company. He requested that the City receive the petition and authorize the placement of a monitoring well in the boulevard with the condition that the City be held harmless for any damages which should occur as a result of the installation and maintenance of the monitoring well and that the City be provided copies of the moni- toring information. MOTION by Councilman Schneider to receive the petition from Dahl & Associates, Inc. and authorize entering into the License Agreement for placement of this monitoring weli in the City°s boulevard, with the condition the City be held harmless for any damages which should occur as a result of the installation and maintenance of the well and that the City be provided copies of the moni-toring information. Seconded by Councilwoman Bolkcom. Upon � a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETYNG OF SEPTEMBER Y9, 1994 PAGE 24 14. RESOLUTION NO. 79-1994 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: MOTION by Councilman Schneider to adopt Resolution No. 79-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 80-1994 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT N0. ST. 1993 - 1 & 2: MOTION by Councilwoman Jorgenson to adopt Resolution No. 80-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 16. RESOLUTION NO. 81-1994 DIRECTSNG PREPARATION OF ASSESSMENT ROLL FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: MOTION by Councilman Schneider to adopt Resolution No. 81-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 82-1994 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: MOTION by Councilman Schneider to adopt Resolution No. 82-1994. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 83-1994 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1994 SERVICE CONNECTIONS: MOTION by Councilman Schneider to adopt Resolution No. 83-1994, Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 84-1994 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1994 SERVICE CONNECTIONS: MOTION by Councilwoman Bolkcom to adopt Resolution Noe 84-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. INFORMAL STATUS REPORTS: Mr. Pribyl, Acting City Manaqer, stated that there were no informal status reports. 21. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claim Nos. 57665 through 57930. Seconded by Councilwoman �7orgenson. Upon a 1 L J � FRIDLEY CIT% COUNCIL MEETING OF SEPTEMBER 19, 1994 EAGE 25 voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. LICENSES: MOTION by Councilman 5chneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Struck & Irwin Paving, Inc. 812 Williamson Street Madison, WI 537Q3 Street Improvement - Slurry Seal Project No. ST. 1994-11 FINAL ESTIMATE . . . . . . . . . Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 20o Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of August, 1994 . . . . . . . . . . . W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 Street Reconstruction - Stinson Boulevard Project No. ST. 1993-7 Estimate No. 3 . . . , e , , . . . . . . $54,455.94 $ 6,651.18 $45,746.49 Seconded by Councilman Schneider. Upon a voice �rote, all voting aye, Mayor Nee declared the motion carried unanimouslye 24. RECEIVE LETTER AND CHECK FROM ROBERT NAEGELE. CHAIRMAN OF THE BOARD OF ROLLERBLADE. INC.: Councilwoman Jorgenson stated that she received a letter from Mr. Robert Naegele, Chairman of the Board of Rollerblade, Inc. dated September 14, 1994, in response to her article in the City's fall newsletter pertaining to damage done by in-line skates on the City's tennis and basketball courts. She stated that Mr. Naegele sup-ported the appropriate use of in-line skates in the City parks